Resolution 198-2000
RESOLUTION NO. 198 -2000
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A RESOLUTION BY THE MONROE COUNTY BOARD OF co@-.J'ri g
COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTME1'SgjE ~
COMMUNITY AFF AIRS THE REQUEST BY THE PLANNING ~ ::e
ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE THE Flff~ C'J1
LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHE~~jE ~
PLAN FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL M~tjA I'\)
(RM) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDIyiSIeN ;;.
ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDIVISION, KEY LARGO, Q
LOCATED IN SECTION 14, TONWSHIP 62 SOUTH, RANGE 38 EAST, AT
MILE MARKER 95, having the following real estate identification numbers:
00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000,
00088820-000000, 00492530-000000, 00492540-000000, 00492550-000000,
00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000,
00492600-000000, 00492610-000000, 00492620-000000, 00492630-000000,
00492130-000000, 0049220-000000, 00492190-000000, 00492180-000000 and
00492140-000000.
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WHEREAS, the Monroe County Board of County Commissioners held a public hearing
for the purposes of considering the transmittal to the Florida Department of Community Affairs
for review and comment of a proposed amendment to the Future Land Use Map of the Monroe
County Year 2010 Comprehensive Plan, changing the future land use designation of the
properties described above; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested future land use designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County' Commissioners does hereby adopt the recommendations of the
Planning Commission pursuant to the attached draft ordinance (marked as Exhibit 1) for
adoption of the proposed Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment
as part of the second (2nd) set of comprehensive plan amendments for 2000 to the Florida
Department of Community Affairs for review and comment in accordance with the provisions of
Sections 163.3184 and 380.0552, Florida Statutes; and
Transmittal Resolution #M99142
page 1 of2
Initials
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirements of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17 t1i f May , 2000.
Mayor Freeman yes
Mayor Pro Tern Neugent yes
Commissioner Harvey yes
Commissioner Williams yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MO 'OE C•UNTY LORIDA
�tfJe ; `, • BY
Mayor''reeman
(Seal)
•• 1 1 APPROVED AS TO FORM
A�TE.S 1: DANNY . KOLHAGE, CLERK
AND LEGAL SUFFICIENCY
BY
Dep Clerk Attorneys Office
Transmittal Resolution#M99142 page 2 of 2 Initials
EXHIBIT 1
DRAFT FLUM ORDINANCE
M#99142
ORDINANCE# -00
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
TO AMEND THE FUTURE LAND USE MAP FROM MIXED
USE COMMERCIAL (MC)TO RESIDENTIAL MEDIUM (RM)
FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE
SUBDIVISION ADDITION 1 AND BLOCK 3 OF SEASIDE
SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14,
TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE
MARKER 95.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on May 17, 2000, conducted a review and consideration of the request by Monroe
County to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential
Medium(RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of
Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the
following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510-
000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550-
000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-
000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000, 0049220-
0000000, 00492190-000000, 00492180-000000 and 00492140-000000; and
WHEREAS, the Development Review Committee, reviewed the application at its
December 2, 1999, meeting in Marathon and voted in support of this application; and
WHEREAS, the Planning Commission held a public hearing on February 23, 2000, and
recommends approval of the request; and
WHEREAS, the Board of County Commissioners examined the following
information:
1. The application from Monroe County to change the Future Land Use Map from
Mixed Use Commercial (MC)to Residential Medium(RM); and
2. The staff report dated April 27, 2000; and
WHEREAS,the Board of County Commissioners makes the following Findings of Fact:
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
BOCC ordinance to Amend FLUM Page 1 of 5 Initials
File M#99142
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
3. This map amendment has been initiated by Monroe County to address a data error. Since
mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning,
it is questionable why a change was made to allow these uses in this district. What did exist
pre-1986 was a mixture of three different commercial and high density residential zoning
districts, with a large recreational vehicle park to the north, and a low density subdivision to the
south. The 1984 aerial photographs show that all of the commercial and high density residential
parcels remained vacant. During the 1986 Plan process, the zoning was simplified by
consolidating these parcels under a zoning district that did not reflect the actual land uses on the
properties. The Recreational Vehicle (RV) zoning district was chosen even though there is clear
distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of
trailers, and the low density single family residences of the subject properties.
4. The subject properties currently have the Future Land Use category Mixed Use Commercial
(MC) which provides for the establishment of commercial zoning districts where various types
of commercial retail and office uses may be permitted.
5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commercial(MC) was applied to the subject properties.
In January 1999, an administrative boundary interpretation was approved to change Lot 7,
Block 3 of Seaside Subdivision from the Urban Residential — Mobile (UR-M) zoning district,
and include it in the Improved Subdivision (IS) zoning district. The finding was that, "... the
land use district boundaries which indicate that the property is URM were placed in error with
the adoption of the September 15, 1986 Land Development Regulations, and therefore, the
subsequent maps were also in error and did not follow the previously demarcated Improved
Subdivision(IS)boundary". This lot is immediately adjacent to the subject properties.
6. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to
recognize those portions of subdivisions that were lawfully established and improved prior to
the adoption of this plan and to define improved subdivisions as those lots served by a dedicated
and accepted existing roadway, have an approved potable water supply, and have sufficient
uplands to accommodate the residential uses. Development on vacant land within this land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel
which existed at the time of plan adoption.
7. Though FLUMed Mixed Use Commercial (MC), Seaside Subdivision Addition No. 1 and is
Seaside Subdivision are primarily residential neighborhoods. Each of the developed
properties in the subject neighborhood accommodates a single family residence. The Improved
Subdivision(IS)district that encompasses Seaside Subdivision is very similar in appearance and
use to that found in Seaside Addition No. 1. Amalgamating these two homogenous zoning
districts into one IS district will ensure that the harmony that exists in the neighborhood is
preserved.
BOCC ordinance to Amend FLUM Page 2 of 5 Initials
File M#99142
8. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
9. Section 9.5-511 prohibits any amendments to the text which would negatively impact community
character.
10. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or
49 hotel rooms could be constructed under the current Future Land Use Mapping category and
zoning district, given that environmental regulations permit maximum densities. As there are 21
properties included in this rezoning, the change would allow a maximum of 21 units, thus
reducing the densities to 42%of that allowable under the current zoning.
11. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
12. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
13. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands.
14. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated.
WHEREAS,the Board of County Commissioners makes the following Conclusions of Law:
1. This map amendment meets the 2nd criteria outlined in Section 9.5-511 and the requirements of
Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively
impact or alter the character of the subject properties or of the surrounding neighborhoods.
2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a
mechanism for the subject properties to come into conformance.
3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the
listed programs on stormwater and wastewater. There are no significant concerns regarding
impacts on public facilities.
4. The map amendment supports Goal 102 as it will rezone parcels of land on which legal
directives have severely restricted allowable uses, and provide opportunities for property owners
to enter the Building Permit Allocation System (ROGO)to construct a single family residence.
BOCC ordinance to Amend FLUM Page 3 of 5 Initials
File M#99142
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described property, which is currently Mixed Use/Commercial
shall be designated as Residential Medium (RM) as shown on the attached map, which is
hereby incorporated by reference and attached as Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
BOCC ordinance to Amend FLUM Page 4 of 5 Initials
File M#99142
•
Section 6. This ordinance is hereby transmitted to the state land planning agency for review
and comment pursuant to Chapter 163, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission finding the amendment in compliance
with Chapters 163.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tern George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Key Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
APPROVED AS TO FORM
ATTEST: DANNY L. KOLHAGE, CLERK AND EGAL SUFFICIENCY
BY
Attorney's Office
DEPUTY CLERK
BOCC ordinance to Amend FLUM Page 5 of 5 Initials
File M#99142
Key: Largo
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Pro osal: 'those 'parts of Blocks 1 & 2 Seaside Addition No.1, and
Block 3 Seaside Subdivision as referenced by fiie M99143 fromMC to RM
Property Description: Those arts of B
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Applicant Name: s
Map #: 2 File Number : M99142.