Resolution 199-2000
FILED FOR RECORD
RESOLUTION NO. 199 -2000 ODJUN-S PH Z: S9
A RESOLUTION BY THE MONROE COUNTY BOARD O~A!~~t'VLHA;jt
COMMISSIONERS TRANSMITTING TO THE FLORIDA DEP~'ff!~:....,
COMMUNITY AFFAIRS THE REQUEST BY THE PLANNING A~)' '"..."-.
ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM
(RM) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY
BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN
SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE
MARKER 94.5, HAVING THE REAL ESTATE IDENTIFICATION NUMBERS
00492380-000000,00492390-000000 AND 00088780-000000.
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 RESOL VED 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 ofthe 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
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-ll.006 of the Florida Administrative Code; and
Transmittal Resolution #M99 143
page I of2
Initials
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 ~ of May ,2000.
Mayor Freeman
Mayor Pro Tern Neugent
Commissioner Harvey
Commissioner Williams
Commissioner Reich
yes
yes
yes
yes
yes
"~TTE...ST.: DANN~LERK
~~
.. ";:p';; Clerk
APPROVED AS TO FORM
:~~~
Attorney's Office
Transmittal Resolution #M99143
page 2 of2
Initials
EXHIBIT 1
DRAFT FLUM ORDINANCE
M#99 I 143
ORDINANCE NO. -00
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST BY
CLINTON MILLER TO AMEND THE FUTURE LAND USE
MAP FROM MIXED USE COMMERCIAL (MC) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTIES
DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY
BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO,
LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT
APPROXIMATELY MILE MARKER 94.5.
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 filed by the
applicant's agent to amend the Future Land Use Map from Mixed Use Commercial (MC) to
Residential Medium(RM) for properties located on Seaside Avenue in Re-sub Seaside Subdivision,
Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification
numbers 00492380-000000, 00492390-000000 and 00088780-000000.
WHEREAS, the Development Review Committee, Planning Commission and staff support
and recommend approval of this future land use map amendment from MC to RM as indicated in
resolutions D-01-00 and P-17-00; and
WHEREAS, the Planning Commission held a public hearing on February 23, 2000 and
recommends the approval of the request; 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.
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 the property owner to address the recognition of a
need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith,
listed the following reasons for requesting a rezoning of the subject properties:
i. These properties in the past have been granted a building permit for a single family
residence.
BOCC Ordinance to Amend FLUM Page 1 of 5 Initials
File M#99143
ii. The construction of the residence was started but upon completing a portion of the
structure,the owner allowed the permit to elapse
iii. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and
has a single family home on it. Lot 7 to the northeast of the subject properties has had a
map amendment change and is now also zoned IS.
iv. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicates that the first three
additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any record
of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of
the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision
(IS). However, The subject properties ARE located in a residential neighborhood with only
one commercial enterprise, Snapper's restaurant, located down the street.
5. 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.
6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commercial (MC) was applied to the subject properties, following the
existing zoning. Seaview Boulevard, which bisects Seaside Avenue (the street on to which the
subject properties front), serves as the zoning district boundary between Suburban Commercial
(SC)zoning to the south and Improved Subdivision(IS)zoning to the north.
There have been several boundary changes and re-zonings in the vicinity of the subject
properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings
between 1986 and 1988 to identify errors brought forward by property owners. As a result of
these hearings, one boundary change was approved by the Board of County Commissioners in
June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby
the boundaries were amended to remove the property from the Surburban Commercial (SC)
zoning district and include it in the Improved Subdivision(IS)zoning district.
A second interpretation was made in December 1988, by Assistant County Administrator for the
Growth Management Division, which resulted in a determination that a mapping error led to a
small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being
incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban
Commercial (SC) zoning district in September 1991.
7. 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
BOCC Ordinance to Amend FLUM Page 2 of 5 Initials
File M#99143
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.
8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is
located three properties to the northwest of the subject properties, with a buffer of two vacant
lots between the restaurant and the residence on the property adjacent to the subject properties.
Several vacant lots across the road from the restaurant provide parking for Snappers patrons.
The remainder of the street is residential.
9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the Future
Land Use Map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. 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.
13. 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.
14. 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.
15. 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 4th 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 Anglers Park North
neighborhood.
BOCC Ordinance to Amend FLUM Page 3 of 5 Initials
File M#99143
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 proposed map amendment supports and is consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural
environment, will facilitate infill in an already developed neighborhood, will enable
redevelopment of existing apartment buildings that were constructed in the 1970's and will
enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building permits.
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#99143
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 Chapter 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 Tem George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Key Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL) I APPROVED AS TO FORM
AND I,,I;C, " SUFFICIENC
ATTEST: DANNY L. KOLHAGE, CLERK BY
Attorney's Office
DEPUTY CLERK
BOCC Ordinance to Amend FLUM Page 5 of 5 Initials
File M#99143
~igeon Key
Dove
Key
Long Point
. n t
N
~
Key: Largo
MM: 95
Pro osal: Lots 5 and 6 to RM
Property Description: Lots 5 and 6 and Adjacent Bay Bottom, Block 5,
Re-Sub Seaside
1"=2000' I
Applicant Name:
Map #: 2
Clinton E. Miller
File Number : M99143