Item S4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: ~mApril19, 2006 ~
Division: ~~_Growth Management
Bulk Item: Yes
No X.,
Department: ,._ Planning & Environmental Resources .m___~
Staff Contact Person: ____Joseph Haberman. Planner m.__~""
AGENDA ITEM WORDING:
A request filed by Lee Robert Rohe, on behalf of Ruben Investment Properties, to amend the Future Land Use Map
(FLUM) designation from Residential Medium (RM) to Mixed Use! Corrm1ercial (MC) and the current Land Use
District (zoning) designation from Improved Subdivision (IS) to Sub Urban Commercial (SC) for two properties
described as Block 18, Lot 1, Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Monroe County, Florida, having
the Real Estate number 00153240.000000 and Part Government Lot 3, Big Coppitt Key, Monroe County, Florida,
having the Real Estate number 00121660.000000.
[l sl of 2 required pub lie hearings]
ITEM BACKGROUND:
The Development Review Committee (DRC) held a public hearing in Marathon on March 21,2006 and based on the
facts presented at the meeting, the DRC recommended approval of both items as indicated in DRC Resolution No.
D04-06 and DRC Resolution No. D05-06. The Planning Commission will hold a public hearing in Marathon on
April 12, 2006 to consider and make a recommendation to the Board of County Commissioners.
_~~_~__cr~~~___~~"~~~_~___~r~--~~~--~C~~'--~~~~"~---~-C~~ ,,~~_~.occcr~~'~"'___'
PREVIOUS RELEVANT COMMISSION ACTION: N!A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N! A
BUDGETED: Yes _No N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A.~_m_
REVENUE PRODUCING:
Yes N/A No
Ai\lOUNT PER MONTH N/A
Year
APPROVED BY:
County Attorney
OMB / Purchasing _"
,/-,~:::>-.,) . ///f~~"
~~ C/tlC}/)/j{71~
/ Ronda Nonluill
Risk Management ~""
DIVISION DIRECTOR APPROVAL:
j
/
--
DOCUMENTATION: Included ~
Not Required_~
DISPOSITION:
AGENDA ITEM #
FUTURE LAND USE MAP AMENDMENT
FROM
RESIDENTIAL MEDIUM (RM) TO
MIXED USE / COMMERCIAL (MC)
AND
LAND USE DISTRICT (ZONING) MAP
AMENDMENT FROM
IMPROVED SUBDIVISION (IS) TO
SUBURBAN COMMERCIAL (SC)
BOARD OF COUNTY COl\tlMISSIONERS
KEY WEST -HARVEY GOVERNMENT CENTER
APRIL 19, 2006
FUTURE LAND USE MAP AMENDMENT
AND
LAND USE DISTRICT (ZONING) MAP
AMENDMENT
A REQUEST FILED BY LEE ROBERT RaRE, ON BEHALF OF
RUBEN INVESTMENT PROPERTIES, TO AMEND THE FUTURE
LAND USE ]\IAP (FLUM) DESIGNATION FROIVl RESIDENTIAL
IVIEDIUl\<1 (RIVI) TO MIXED USE / COIVIMERCIAL (IVIC) AND THE
CURRENT LAND USE DISTRICT (ZONING) DESIGNATION
FROIVl IIVIPROVED SUBDIVISION (IS) TO SUB URBAN
COMMERCIAL (SC) FOR REAL ESTATE NUlVlBERS
00153240.000000 AND 00121660.000000 OF BIG COPPITT KEY,
MONROE COUNTY, FLORIDA.
FUTURE LAND USE MAP RECOMIVIENDATIONS
Staff: Approval
DRC: Approval
PC: Approval
March 16, 2006
March 21, 2006
April 12, 2006
Staff Report
Resolution #D 05-06
Resolution #P 15-06
LAND USE DISTRICT (ZONING) MAP RECOMMENDATIONS
Staff: Approval
DRC: Approval
PC: Approval
March 16, 2006
March 21, 2006
April 12, 2006
Staff Report
Resolution #D 04-06
Resolution #P 14-06
BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFF AIRS
THE REQUEST BY LEE ROBERT ROHE, ON BEHALF OF
RUBEN INVESTMENT PROPERTIES, TO AMEND THE
FUTURE LAND USE MAP (FLUM) OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FOR THE
FOLLOWING PROPERTIES FROM RESIDENTIAL
MEDIUM (RM) TO MIXED USEI COMMERCIAL (MC).
THE PROPERTIES ARE PHYSICALLY LOCATED ON
FIRST STREET, BIG COPPITT KEY AND ARE LEGALLY
DESCRIBED AS BLOCK 18, LOT 1, JOHNSONVILLE
SUBDIVISION, PB 1-53, BIG COPPITT KEY, MONROE
COUNTY, FLORIDA AND PART GOVERNMENT LOT 3,
BIG COPPlTT KEY, MONROE COUNTY, FLORIDA THE
REAL ESTATE NUMBERS ARE 00153240.000000 AND
00121660.000000, AT APPROXIMATELY MILE MARKER
10.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing for the purpose 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 map designation change; and
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 draft ordinance 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 (2Ild) set of comprehensive plan amendments for 2006 to
the Florida Department of Community AfTairs for review and comment in accordance
with the provisions of Chapter 163.3184, 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 -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 _ of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor McCoy
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
t
BOCC Ordinance to Amend the
Future Land Use Map (FLUM)
ORDINANCE NO. -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONONERS APPROVING THE
REQUEST BY LEE ROBERT ROHE, ON BEHALF OF
RUBEN INVESTMENT PROPERTIES, TO AMEND THE
FUTURE LAND USE MAP (FLUM) OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FOR THE
FOLLOWING PROPERTIES FROM RESIDENTIAL
MEDIUM (&'-'1) TO MIXED USEI COMMERCIAL (MC).
THE PROPERTIES ARE PHYSICALLY LOCATED ON
FIRST STREET, BIG COPPlTT KEY AND ARE LEGALLY
DESCRIBED AS BLOCK 18, LOT 1, JOHNSONVILLE
SUBDIVISION, PB I-53, BIG COPPlTT KEY, MONROE
COUNTY, FLORIDA AND PART GOVERNMENT LOT 3,
BIG COPPITT KEY, MONROE COUNTY, FLORIDA. THE
REAL EST ATE NUMBERS ARE 00 153240.000000 AND
00121660.000000, AT APPROXIMATE MILE MARKER 10.
\VHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on April 19, 2006, conducted a review and consideration of the
request filed by Lee Robert Rohe, on behalf of Ruben Investment Properties, to amend
the Future Land Use Map designation of the following properties from Residential
Medium (RM) to Mixed Use 1 Commercial (MC). The properties are physically located
on First Street, Big Coppitt Key and are legally described as Block 18, Lot 1,
Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Monroe County, Florida and Part
Government Lot 3, Big Coppitt Key, Monroe County, Florida. The Real Estate numbers
are 00153240.000000 and 00121660.000000, located at approximate Mile Marker 10;
and
WHEREAS, at its March 21, 2006 meeting in Marathon, the Development
Review Committee (DRC) reviewed the application and recommended approval of this
Future Land Use Map amendment as indicated in the DRC Resolution No. D05-06; and
WHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on
April 12, 2006 and based on the facts presented at the meeting, the Planning Commission
recommended approval of the request as indicated in PC Resolution No. PI5-06; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Board of County Commissioners as indicated in the
Staff Report dated March 27,2006; and
WHEREAS, the Board of County Commissioners further reviewed the
application and made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
speci fied conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511 (d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subject properties to current and future land use
designations that correspond with the historic use of the subject properties.
3, The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable arcas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject propertics was changed to Improved Subdivision (IS), The properties were
given the Future Land Use Map (FLUM) designation of Residential Medium (RM) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (RM)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
lots in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan 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 the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
permitted use in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan and that lawful1y existed on
such lands on January 4, 1996 may redevelop, reestablish and/or substantially
improve provided that the uses are limited in intensity, floor area, density and to the
tY'Pe of use that existed on January 4, 1996 or limited to what the pre-201O land
development regulations alIowed, whichever is more restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use of light industrial is
a lawful. nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use 1 Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) is to establish areas for commercial uses designed and intended primarily to
serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential
areas without the use of U.S. Highway 1.
10. Policy 101.4.5 of the ~Monroe County Year 2010 Comprehensive Plan states that the
principal purpose of the Mixed Usel Commercial (MC) land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with
the community character and the natural environment. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
11. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway 1 received a FLUM designation of Mixed Use 1 Commercial (MC),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject properties are within an established development area which is served by
existing public facilities.
WHEREAS, the Board of County Commissioners made the following
Conclusions of Law:
1. The pre-1986 zoning of BU-3 (Heavy Business District) for the subject properties is
not consistent with the current Land Use District of Improved Subdivision (IS) or the
Future Land Use Map designation of Residential Medium (RM).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5-143, the existing
use of light industrial is a lawful, nonconforming use. By amending the current Land
Use District from Improved Subdivision (IS) to Sub Urban Commercial (SC) and the
Future Land Use Map designation from Residential Medium (RM) to Mixed Use 1
Commercial (MC), the historic and existing use of the subject properties will be
brought into compliance with the Land Development Regulations and will no longer
be considered nonconforming. This will increase the redevelopment potential for the
subject property and provide opportunities for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or alter
the character ofthe subject properties or the immediate vicinity.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are currently designated
Residential Medium (RM) shall be designated Mixed Use 1 Commercial (MC) as shown
on the attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section3. 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 ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty duc or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 7. This ordinance shall be tiled 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 approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the __ of , A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Proposed Future Land Use District Map Amendment: Street Map
Key: Big Coppitt Key
Mile Marker: 10
Proposal: Change Future Land Use District from Residential Medium (RM)
to Mixed Use/Commercial (MC)
Property Description: RE 00153240.000000, 00121660.000000
1,200
Feet
Map Amendment: M26078
Proposed Future Land Use District Map Amendment: Aerial
Key: Big Coppitt Key
Mile Marker: 10
Proposal: Change Future Land Use Districtfrom Residential Medium (RM)
to Mixed Use/Commercial (MC)
Property Description: RE 00153240.000000,00121660.000000
250
Feet
Map Amendment: M26078
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
indicated and briefly described as:
Key: Big Coppitt Key
~
Mile Marker: 10
Proposal: Change Future Land Use District from Residential Medium (RM)
to Mixed Use/Commercial (MC)
Property Description: RE 00153240.000000, 00121660.000000
100
Feet
Map Amendment: M26078
BOCC Ordinance to Amend the
Land Use District (Zoning) Map
ORDINANCE NO. -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONONERS APPROVING THE
REQUEST BY LEE ROBERT ROHE, ON BEHALF OF
RUBEN INVESTMENT PROPERTIES, TO AMEND THE
LAND USE DISTRICT MAP FOR THE FOLLOWING
PROPERTIES FROM IMPROVED SUBDIVISION (IS) TO
SUB URBAN COMMERCIAL (SC). THE PROPERTIES
ARE PHYSICALLY LOCATED ON FIRST STREET, BIG
COP PITT KEY AND ARE LEG ALL Y DESCRIBED AS
BLOCK 18, LOT 1, JOHNSONVILLE SUBDIVISION, PB 1-
53, BIG COPPITT KEY, MONROE COUNTY, FLORIDA
AND PART GOVERNMENT LOT 3, BIG COPPITT KEY,
MONROE COUNTY, FLORIDA. THE REAL ESTATE
NUMBERS ARE 00153240.000000 AND 00121660.000000,
AT APPROXIMATE MILE MARKER 10.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on April 19, 2006, conducted a review and consideration of the
request filed by Lee Robert Rohe, on behalf of Ruben Investment Properties, to amend
the Land Use District (zoning) map designation of the following properties from
lmproved Subdivision (IS) to Sub Urban Commercial (sq. The properties are physically
10cated on First Street, Big Coppitt Key and are legally described as Block 18, Lot 1,
Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Monroe County, Florida and Part
Government Lot 3, Big Coppitt Key, Monroe County, Florida. The Real Estate numbers
arc 00153240.000000 and 00121660.000000, 10cated at approximate Mile Marker 10;
and
\VHEREAS, at its March 21, 2006 meeting in Marathon, the Development
Review Committee (DRC) reviewed the application and recommended approval of this
Land Use District map amendment as indicated in the DRC Resolution No. 004-06; and
\VHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on
April 12, 2006 and based on the facts presented at the meeting, the Planning Commission
recommended approval of the request as indicated in PC Resolution No. PI4-06; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Board of County Commissioners as indicated in the
Staff Report dated March 27,2006; and
WHEREAS, the Board of County Commissioners further reviewed the
application and made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511 (d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subject properties to current and future land use
designations that correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable areas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject properties was changed to Improved Subdivision (1S). The properties were
given the Future Land Use Map (PLUM) designation of Residential Medium (RM) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (RM)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
lots in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan 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 the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
permitted use in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan and that lawfully existed on
such lands on January 4, 1996 may redevelop, reestablish and/or substantially
improve provided that the uses are limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-2010 land
development regulations allowed, whichever is more restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use of light industrial is
a lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use 1 Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) is to establish areas for commercial uses designed and intended primarily to
serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residcntial
areas without the use of U.S. Highway 1.
10. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the
principal purposc of the Mixed Usel Commercial (MC) land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with
the community character and the natural environment. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
11. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway I received a FLUM designation of Mixed Use / Commercial (MC),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future grO\vth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject propcliies are within an established development area which is served by
existing public facilities.
WHEREAS, the Board of County Commissioners made the following
Conclusions of Law:
1. The pre-1986 zoning of BU-3 (Heavy Business District) for the subject properties is
not consistent with the current Land Use District of Improved Subdivision (IS) or the
Future Land Use Map designation of Residential Medium (RM).
2, Based on the historic light industry use of the subject properties. which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5-143, the existing
use of light industrial is a lawful, nonconforming use. By amending the current Land
Use District from Improved Subdivision (IS) to Sub Urban Commercial (SC) and the
Future Land Use Map designation from Residential Medium (RM) to Mixed Use 1
Commercial (MC), the historic and existing use of the subject properties will be
brought into compliance with the Land Development Regulations and will no longer
be considered nonconforming. This will increase the redevelopment potential for the
subject property and provide opportunities for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or alter
the character of the subject properties or the immediate vicinity.
NO\V THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are currently designated Improved
Subdivision (IS) shall be designated Sub Urban Commercial (SC) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. 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 4. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 5. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 6. 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 approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of , A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Proposed Land Use District Map Amendment: Street Map
Key: Big Coppitt Key
Mile Marker: 10
Proposal: Change Land Use District from Improved Subdivision (IS)
to Suburban Commercial (SC)
Property Description: RE 00153240.000000, 00121660.000000
1,250
Feet
Map Amendment: M26078
Proposed Land Use District Map Amendment: Aerial
Key: Big Coppitt Key
Mile Marker: 10
Proposal: Change Land Use District from Improved Subdivision (IS)
to Suburban Commercial (SC)
Property Description: RE 00153240.000000, 00121660.000000
250
Feet
Map Amendment: M26078
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The Monroe County Land Use District Map is proposed to be
amended as indicated above and briefly described as:
Key: Big Coppitt Key
Mile Marker: 10
Proposal: Change Land Use District from Improved Subdivision (IS)
to Suburban Commercial (SC)
Property Description: RE 00153240.000000, 00121660.000000
250
Feet
Map Amendment: M26078
BOCC STAFF REPORT
TO:
Monroe County Board of County Commissioners
MEMORANDUM
FROM:
Joseph Haberman, Planner
Andrew Omer Trivette, Senior Biologist
RE:
Land Use District and Future Land Use Map Amendments
DATE:
March 27,2006
MEETING DATE: April 19, 2006
EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM)
PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use 1 Commercial (MC)
EXISTING ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATIONS: Sub Urban Commercial (SC)
PROPERTY OWNER: Ruben Investment Properties, LLC
AGENT: Lee Robert Rohe
PROPERTY INFORMATION
Key:
Big Coppitt Key
Size:
20,000 ft2 (0.46 acres)
Mile Marker:
MM 10 of US. Highway 1
Real Estate Number(s):
00153240.000000 & 00121660.000000
Location Brief and Detail:
The site is commonly known as the Key West Party Rental and is located on Big Coppitt Key. It
consists of two contiguous properties, with the Real Estate Numbers 00153240.000000
(Northern parcel) and 00121660.000000 (Southern parcel). The subject properties are situated
along First Street, one block North of U.S. Highway 1. The site is bounded by First Street to the
East, Avenue E to the North and Avenue F to the South. The physical address is 7 First Street.
The subject properties are within Section 22, Township 67, Range 26 of Monroe County,
Florida. RE 00153240.000000 is legally described as Block 18, Lot 1, Johnsonville Subdivision,
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PB 1-53, Big Coppitt Key. RE 00121660.000000 is legally described as Part Govemment Lot 3,
Big Coppitt Key. Monroe County Property Appraiser records indicate that there is one 6,985 ffz
structure on the property, built in 1966.
Existing Use:
A party rental center is currently operating on the properties. Based on the application, there is
also an office and residential apartment onsite. The party rental center use is considered light
industrial and is not permitted in the Improved Subdivision District (IS). Pursuant to the Monroe
County Code (MCC), an industrial use is a use devoted to manufacture, warehousing, assembly,
packaging, processing, fabrication, storage or distribution of goods an materials whether new or
used. However, Staff has determined that the industrial use is a lawful, nonconforming use and
may continue with its industrial designation pursuant to MCC Section 9.5-143. The proposed
map amendments will make the existing light industrial use conforming.
Existing Habitat:
The current site conditions of the southem parcel are developed with little to no remaining
vegetation. The northern parcel is vacant and also has little native vegetation.
Neighboring Land Uses and Character:
Most of the properties located within the neighboring area, including Johnsonville Subdivision,
are zoned and subdivided primarily for residential use. The areas to the North and West of the
subject properties are designated within an Improved Subdivision District (IS). The area to the
East of the subject propeliies is designated within an Urban Residential Mobile Home District
(UR1\1). However, to the South of the subject properties, the areas along U.S. Highway 1 are
designated within a Sub Urban Commercial District (SC).
ZONING AND LAND USE HISTORY
The Tiffany Marble Factory was established on the site in 1966 and the two subject properties
remained in continuous ownership until November of 1996 when they were transferred to Old
Town Key West Development. In May of 1997, the properties were transferred to Josianne
Kennedy and remained in her ownership until the applicant's purchase of the properties. The
properties have been utilized for a variety of commercial and industrial uses since 1966.
Pre-1986 Zoning:
Both properties were zoned for business use prior to the 1986 adoption of the Land Development
Regulations. The property's pre-1986 zoning was BU-3 (Heavy Business District) which
allowed industrial uses and prohibited residential uses. The BU-3 district was intended to
provide suitable areas for manufacturing, processing, storage and distribution of goods and
commodities. The district was established to provide areas in which compatible or related
industrial type uses may be located.
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Considerations during the 2010 Comprehensive Plan Process:
The land use designation was changed to Improved Subdivision (IS) in 1986 with the adoption of
the Land Development Regulations (LDR's). The properties were given the Future Land Use
Map (FLUM) designation of Residential Medium (RM) in 1997 when the FLUM was adopted.
Industrial uses are not permitted uses in the IS or RM Districts. Commercial uses are restricted.
Changes to Boundary Considerations since 1986:
No recorded boundary changes were found for the subject properties.
ANALYSIS AND RATIONALE FOR CHANGE (fill in any ifthev applv)
Changed Projections or Assumptions: None.
Data Errors:
Regarding the current Improved Subdivision (IS) designation, the applicant asserts that when the
zoning was changed from BU-3 to the present designation of IS, the fact that the subject
properties were located within the Johnsonville Subdivision led the Monroe County Planning
Department to designate the properties as Improved Subdivision (IS), although they were
occupied by a commercial 1 industrial building since 1966. However, Planning Staff has found
no evidence to support or disclaim the applicant's assertions.
New Issues: None.
Recognition of a Need for Additional Detail or Comprehensiveness:
The applicant asserts that there is a need to recognize the commercial 1 industrial properties as
suitable for a Sub Urban Commercial (SC) designation, given that the commercial 1 industrial
use of the properties has been continuously in use from 1966 to present The applicant asserts
that Monroe County should make a distinction between the portion of Johnsonville Subdivision
that is residential (suitable for IS zoning) and the portion that is commercial (suitable for SC
zoning).
Data Update: None.
IMP ACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
Developrnent Potential based on Current Land Development Regulations (LDR's)
MCC Section 9.5-213 states that the purpose of the Improved Subdivision District (IS) is to
accommodate the legally vested residential development rights of owners of lots in subdivisions
that were lawfully established and improved prior to the adoption of the LOR's.
Uses permitted as-oj-right include:
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. Detached residential dwellings of all types;
. Home occupations;
. Accessory uses;
. Collocations on existing antenna-supporting structures;
. Satellite earth stations less than two (2) meters in diameter, as accessory uses; and
. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences
Uses permitted as minor conditional uses include:
. Parks and community parks;
. Public parks;
. Schools; and
. Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory
uses
Uses permitted as major conditional uses include:
. Commercial retail of low and medium-intensity and office uses or any combination
thereof ofless than twenty-five hundred (2,500) square feet of floor area;
. Stealth wireless communications facilities, as accessory uses;
. Land use overlays A, INS, PF; and
. Wastewater treatment facilities and wastewater treatment collection system(s)
Policy 101.4.3 of the lY!onroe County Year 2010 Comprehensive Plan 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 the plan. Development on
vacant land within this land use category shall be limited to one residential dwelling unit for each
platted Lot or parcel which existed at the time of plan adoption. However, nonresidential uses
that were listed as a permitted use in the land development regulations that were in effect
immediately prior to the institution of the 2010 Comprehensive Plan and that lawfully existed on
such lands on January 4, 1996 may redevelop, reestablish and/or substantially improve provided
that the uses are limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996 or limited to what the pre-201O land development regulations allowed,
whichever is more restrictive.
The Future Land Use category that corresponds with the Improved Subdivision District (IS) is
Residential Medium (RM).
Potential Development with the Proposed Afap Amendments
MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District (SC) is to
establish areas for commercial uses designed and intended primarily to serve the needs of the
immediate planning area in which they are located. This district should be established at
locations convenient and accessible to residential areas without the use of U.S. Highway 1.
Uses permitted as-o.fright include:
. Commercial retail of low and medium-intensity and office uses or any combination
thereof ofless than twenty-five hundred (2,500) square feet of floor area;
. Institutional residential uses, involving less than ten (10) dwelling units or rooms;
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. Commercial apartments involving less than six (6) dwelling units in;
. Limited commercial recreational uses;
. Institutional uses;
. Public buildings and uses;
. Accessory uses,
. Storage areas, provided that the area does not exceed twenty-five (25) percent of the
gross area of the parcel proposed for development;
. Vacation rental use of noncontorming detached and attached dwelling units;
. Collocations on existing antenna-supporting structures;
. Attached wireless communications facilities, as accessory uses;
. Replacement of an existing antenna-supporting structure;
. Stealth wireless communications facilities, as accessory uses;
. Satellite earth stations, as accessory uses;
. Attached and unattached residential dwellings involving less than SIX (6) units,
designated as employee housing; and
. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences
Uses permitted as minor conditional uses include:
. Commercial retail of low and medium-intensity and office uses or any combination
thereof of greater than twenty-five hundred (2,500) but less than ten thousand (10,000)
square feet of floor area, provided that access to U.S. 1 is by way of specified conditions;
. Commercial retail uses of high-intensity of less than twenty-five hundred (2,500) square
feet of floor area, provided that access to U.S. 1 is by way of specified conditions;
. Institutional residential uses involving ten (10) to twenty (20) dwelling units or rooms,
provided that the use is compatible with land use established in the immediate vicinity of
the parcel for development and access to U.S. 1 is by way of specified conditions;
. Commercial apartments involving six (6) to eighteen (18) dwelling units, provided that
the hours of operation of the commercial uses are compatible with the residential uses
and access to U.S. 1 is by way of specified conditions;
. Hotels of fewer than twenty-five (25) rooms, provided that the development meets
specified conditions;
. Campgrounds, provided that the development meets speci fied conditions;
. Light industrial uses, provided that the parcel proposed for development does not have an
area greater than two (2) acres, the parcel is separated from any established residential
use by at least a class C buffer-yard and all outside storage areas are screened from
adjacent use by a solid fence, wall or hedge at least six (6) feet in height;
. Parks and community parks; and
. Attached and unattached residential dwellings involving six (6) to eighteen (18) units,
designated as employee housing
Uses permitted as major conditional uses include:
. Commercial retail of low and medium-intensity and office uses or any combination
thereof of greater than ten thousand (10,000) square feet of floor area, provided that
access to U.S. 1 is by way of specified conditions;
. Commercial retail uses of high-intensity of greater than twenty-five hundred (2,500)
square feet of floor area, provided that access to U.S. 1 is by way of specified conditions;
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. Institutional residential uses involving twenty (20) or more dwelling units or rooms,
provided that the use is compatible with land use established in the immediate vicinity of
the parcel for development and access to U.S. 1 is by way of specified conditions;
. Hotels providing twenty-five (25) or more rooms, provided that the development meets
specified conditions;
. Marinas, provided that the development meets specified conditions;
. Mariculture, provided that the development meets specified conditions;
. Heliports or seaplane ports, provided that the development meets specified conditions;
. New antenna supporting-structures;
. Land use overlays A, E, PF; and
. Attached and unattached residential dwellings involving more than eighteen (18) units,
designated as employee housing
Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the principal
purpose of the Mixed Usel Commercial (Me) land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office
may be permitted at intensities which are consistent with the community character and the
natural environment. The land use category is intended to allow for the establishment of mixed
use development patterns, where appropriate.
The Future Land Use category that corresponds with the Sub Urban Commercial District (SC) is
Mixed Use 1 Commercial (MC).
Compatibility with Adjacent Land Uses and Effects on Community Character:
Local Use Compatibility
Residential uses are compatible with the character of the Johnsonville Subdivision community.
However, immediately to the South of the subject properties, along U.S. Highway 1, is an area
that is predominately commercial. The historic and current use of the properties is compatible
with the neighboring commercial properties neighboring to the South.
Density and Intensity
The two subject properties are a combined 20,000 fF (0.46 acres) in size.
Low and medium intensity residential uses are compatible with the character of the J ohnsonville
Subdivision community. Pursuant to MCC Section 9.5-262, in the Improved Subdivision
District (IS), the allocated density is one dwelling unit per lot. In the Sub Urban Commercial
District (SC), the allocated density is three (3) dwelling units per acre with a maximum net
density of six (6) dwelling units per buildable area.
Nonresidential land use intensities are regulated pursuant to MCC Section 9.5-269. In the
Improved Subdivision District (IS), the maximum floor area ratios are as follows: 0.25 for
Commercial Retail Low Intensity; 0.20 for Commercial Retail Medium Intensity; and 0.25 for
Offices. Light industry is not permitted. In the Sub Urban Commercial District (SC), the
maximum floor area ratios are as follows: 0.35 for Commercial Retail Low Intensity; 0.25 for
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Commercial Retail Medium Intensity; 0.15 for Commercial Retail High Intensity; 0.40 for
Offices; 0.10 for Commercial Recreational; 0.30 for Institutional; 0.10 for Outdoor Recreational;
0.30 for Public Buildings and Uses; and 0.30 Light Industry.
Local Traffic and Parking
Local roads are already in place and have been well maintained. No adverse impact on the
existing road conditions are expected if the land use designation is changed from Improved
Subdivision (IS) to Sub Urban Commercial (SC). The site plan indicates that the parking
standards of the LOR's can be met.
Effects on Natural Resources:
Staff feels that there will be little to no change in the level of impact to the natural resources of
the area based on this proposed zoning change.
Effects on Public Facilities:
Objective 101.11 of the Year 20ID Comprehensive Plan requires the County to direct future
growth away from environmentally sensitive land and towards established development areas
served by existing public facilities. The proposed map amendments support Objective 101.11
based on the following findings in the 2006 Public Facilities Capacity Assessment Report and
the listed programs on stormwater and wastewater.
Ttaffic Circulation
US. Highway No.1 is required to maintain a level of service (LOS) of "C" in order to support
additional development. The 2005 Us. 1 Arterial Travel Time and Delay Study for Monroe
County indicates a LOS of "D" at the entrance to First Street (Segment 3 of US. 1, MM 9.0 to
MM 10.5).
Solid Waste
Monroe County has a solid waste haul out contract with Waste Management Inc. that authorizes
use of the in-state facilities through September 30, 2016, thereby providing the County with
approximately 10 years of guaranteed capacity. The proposed land use district map amendment
may affect solid waste, but not significantly.
Potable Water
In 2002, South Florida Water Management District approved an increase in Florida Keys
Aqueduct Authority's Water Use Permit. Monroe County's Public Facilities Capacity
Assessment Report indicates that there are over 100 gallons of water available per person per
day. The 100 gallons per person per day standard is commonly accepted as appropriate and is
reflected in Policy 701.1.1 ofthe Monroe County Year 2010 Comprehensive Plan.
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Stormwater
No increase in stormwater runoff will result from this land use change. The subject properties
have already been significantly developed. MCC Section 9.5-293 requires that all developments
retain stormwater on site following Best Management Practices (BMP's).
Effects on Redevelopmentllnfill Potential:
There will be no negative impacts on redevelopment 1 infiJI potentials. A commercial! industrial
use has been in existence on the property continuously since 1966. According to the applicant;
the rezoning is necessary to bring the property into compliance and permit future development
and redevelopment of the property in case of damage or destruction following a disaster.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. MCC Section 9.5-511 (d)(5)(b) allows the Board of County Commissioners to consider
adopting an ordinance to enact map changes under six specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness in
planning (MCC Section 51 1 (d)(5)(b)(v)). The application was initiated by the applicant
in order to rezone the subject properties to current and future land use designations that
correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District). The
BU-3 district was intended to provide suitable areas for manufacturing, processing,
storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the subject
properties was changed to Improved Subdivision (IS). The properties were given the
Future Land Use Map (FLUM) designation of Residential Medium (&\1) in 1997 when
the FLUM was adopted, consistent with the Improved Subdivision District (IS). The
Improved Subdivision (IS) and Residential Medium (RtYf) designations are not consistent
with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District (IS) is
to accommodate the legally vested residential development rights of owners of lots in
subdivisions that were lawfully established and improved prior to the adoption of the land
development regulations.
6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan 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 the
plan. Development on vacant land within this land use category shall be limited to one
residential dwelling unit for each platted lot or parcel which existed at the time of plan
adoption. However, nonresidential uses that were listed as a permitted use in the land
development regulations that were in effect immediately prior to the institution of the
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2010 Comprehensive Plan and that lawfully existed on such lands on January 4, 1996
may redevelop, reestablish andlor substantially improve provided that the uses are limited
in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 land development regulations allowed, whichever is more
restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use of light industrial is a
lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended from
Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the future land
use map designation amended from Residential Medium (RM) to Mixed Use 1
Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District (SC)
is to establish areas for commercial uses designed and intended primarily to serve the
needs of the immediate planning area in which they are located. This district should be
established at locations convenient and accessible to residential areas without the use of
U.S. Highway 1.
10. Policy 101.4.5 of the Monroe County Year 20iO Comprehensive Plan states that the
principal purpose of the Mixed Usel Commercial (MC) land use category is to provide
for the establishment of commercial zoning districts where various types of commercial
retail and office may be permitted at intensities which are consistent with the community
character and the natural environment. The land use category is intended to allow for the
establishment of mixed use development patterns, where appropriate.
11. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway 1 received a FLUM designation of Mixed Use 1 Commercial (MC), consistent
with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject properties are within an established development area which is served by
existing public facilities.
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CONCLUSIONS OF LAW:
1. The pre-1986 zoning of BU~3 (Heavy Business District) for the subject properties is not
consistent with the current Land Use District ofImproved Subdivision (IS) or the Future
Land Use Map designation of Residential Medium (Mf).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5~143, the existing use
of light industrial is a lawful, nonconforming use. By amending the current Land Use
District from Improved Subdivision (IS) to Sub Urban Commercial (SC) and the Future
Land Use Map designation from Residential Medium (RM) to Mixed Use 1 Commercial
(MC), the historic and existing use of the subject properties will be brought into
compliance with the LOR's and will no longer be considered nonconforn1ing. This will
increase the redevelopment potential for the subject property and provide opportunities
for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511 (d)(5)(b )of the Monroe CounZv Code and will not have a negative impact or alter the
character of the subject properties or the immediate vicinity.
RECOMMENDA TION:
Based on the above Findings of Fact and Conclusions of Law, the Planning and Environmental
Resources Department recommends APPROVAL to the Board of County Commissioners for
the proposed Land Use District amendment from Improved Subdivision (IS) to Sub Urban
Commercial (SC) and for the proposed Future Land Use Map amendment from Residential
Medium (RM) to Mixed Use / Commercial (MC), for the two subject properties, RE
00153240.000000 & RE 00121660.000000.
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PLANNING COMMISSION RESOLUTION #
P 14-06
PLANNING COMMISSION RESOLUTION NO. 14-06
A RESOLUTION BY THE PLANNING COMMISSION
APPROVING THE REQUEST BY LEE ROBERT ROHE,
ON BEHALF OF RUBEN INVESTMENT PROPERTIES, TO
AMEND THE LAND USE DISTRICT MAP FOR THE
FOLLOWING PROPERTIES FROM IMPROVED
SUBDIVISION (IS) TO SUB URBAN COMMERCIAL (SC).
THE PROPERTIES ARE PHYSICALLY LOCATED ON
FIRST STREET, BIG COPPITT KEY AND ARE LEGALLY
DESCRIBED AS BLOCK 18, LOT 1, JOHNSONVILLE
SUBDIVISION, PB 1-53, BIG COPPITT KEY, MONROE
COUNTY, FLORIDA AND PART GOVERNMENT LOT 3,
BIG COPPITT KEY, MONROE COUNTY, FLORIDA. THE
REAL ESTATE NUMBERS ARE 00153240.000000 AND
00121660.000000, AT APPROXIMATE MILE MARKER 10.
WHEREAS, the Planning Commission, during a regular meeting held on April
12, 2006 conducted a review and consideration of the request filed by Lee Robert Rohe,
on behalf of Ruben Investment Properties, to amend the Land Use District (zoning) map
designation of the following properties from Improved Subdivision (IS) to Sub Urban
Commercial (SC). The properties are physically located on First Street, Big Coppitt Key
and are legally described as Block 18, Lot 1, Johnsonville Subdivision, PB 1-53, Big
Coppitt Key, Monroe County, Florida and Part Government Lot 3, Big Coppitt Key,
Monroe County, Florida. The Real Estate numbers are 00153240.000000 and
00121660.000000, located at approximate Mile Marker 10; and
WHEREAS, at its March 21, 2006 meeting in Marathon, the Development
Review Committee (DRC) reviewed the application and recommended approval of this
Land Use District map amendment as indicated in the DRC Resolution 004-06; and
WHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Planning Commission as indicated in the Staff Report
dated March 27, 2006; and
WHEREAS, the Planning Commission further reviewed the application and
made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511 (d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subject properties to current and future land use
designations that correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable areas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject properties was changed to Improved Subdivision (IS). The properties were
given the Future Land Use Map (FLUM) designation of Residential Medium (RM) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (RM)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
lots in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the Arfonroe County Year 2010 Comprehensive Plan states that the
purpose of the Residential Medium (R1v1) land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the
adoption of the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
permitted use in the land development regulations that were in effect immediately
prior to the institution of the 201 0 Comprehensive Plan and that lawfully exi sted on
such lands on January 4, 1996 may redevelop, reestablish and/or substantially
improve provided that the uses are limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-2010 land
development regulations allowed, whichever is more restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use oflight industrial is
a lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use i Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) is to establish areas for commercial uses designed and intended primarily to
serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential
arcas without the use of U.S. Highway 1.
10, Policy 10104.5 of the Monroe County Year 2010 Comprehensive Plan states that the
principal purpose of the Mixed Use! Commercial (MC) land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with
the community character and the natural environment. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
11. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12, The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of 10hnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway 1 received a FLUM designation of Mixed Use 1 Commercial (MC),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject propertics are within an established development area which is served by
existing public facilities.
\VHEREAS, the Planning Commission made the following Conclusions of Law:
1. The pre-1986 zoning of BU-3 (Heavy Business District) for the subject properties is
not consistent with the current Land Use District oflmproved Subdivision (IS) or the
Future Land Use Map designation of Residential Medium (RM).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5-143, the existing
use of light industrial is a lawful, nonconforming use. By amending the current Land
Use District from Improved Subdivision (IS) to Sub Urban Commercial (SC) and the
Future Land Use Map designation from Residential Medium (lli'vf) to Mixed Use 1
Commercial (MC), the historic and existing use of the subject properties will be
brought into compliance with the Land Development Regulations and will no longer
be considered nonconforming. This will increase the redevelopment potential for the
subject property and provide opportunities for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or alter
the character of the subj ect properties or the immediate vicinity.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings
support its decision to recommend APPROVAL to the Monroe County Board of County
Commissioners for the request filed by the applicant to amend the Land Use District map
designation of Improved Subdivision (IS) to Sub Urban Commercial (SC) for Real Estate
numbers are 00153240.000000 and 00121660.000000.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida
at a regular meeting held on the 1 ih day of April, 2006.
James D. Cameron, Chair
Julio Margalli, Vice Chair
Michelle Cates Deal, Commissioner
Sherry Popham, Commissioner
Randolph D. Wall, Commissioner
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA
By
James D. Cameron, Chair
Signed this
day of
,2006.
PLANNING COMMISSION RESOLUTION #
P 15-06
PLANNING COMMISSION RESOLUTION NO. 15-06
A RESOLUTION BY THE PLANNING COMMISSION
APPROVING THE REQUEST BY LEE ROBERT ROHE,
ON BEHALF OF RUBEN INVESTMENT PROPERTIES, TO
AMEND THE FUTURE LAND USE MAP (FLUM) OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
FOR THE FOLLOWING PROPERTIES FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE 1
COMMERCIAL (Me). THE PROPERTIES ARE
PHYSICALLY LOCA TED ON FIRST STREET, BIG
COPPlTT KEY AND ARE LEGALLY DESCRIBED AS
BLOCK 18, LOT 1, JOHNSONVILLE SUBDIVISION, PB 1-
53, BIG COPPITT KEY, MONROE COUNTY, FLORIDA
AND PART GOVERNMENT LOT 3, BIG COPPlTT KEY,
MONROE COUNTY, FLORIDA. THE REAL EST ATE
NUMBERS ARE 00153240.000000 AND 00121660.000000,
AT APPROXIMATE MILE MARKER 10.
WHEREAS, the Planning Commission, during a regular meeting held on April
12, 2006 conducted a review and consideration of the request filed by Lee Robert Rohe,
on behalf of Ruben Investment Properties, to amend the Future Land Use Map
designation of the following properties from Residential Medium (RM) to Mixed Use 1
Commercial (MC). The properties are physically located on First Street, Big Coppitt Key
and are legally described as Block 18, Lot 1, Johnsonville Subdivision, PB 1-53, Big
Coppitt Key, Monroe County, Florida and Part Government Lot 3, Big Coppitt Key,
Monroe County, Florida. The Real Estate numbers arc 00153240.000000 and
00121660.000000, located at approximate Mile Marker 10; and
WHEREAS, at its March 21, 2006 meeting in Marathon, the Development
Review Committee (DRC) reviewed the application and recommended approval of this
Future Land Use Map amendment as indicated in the DRC Resolution D05-06; and
WHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Planning Commission as indicated in the Staff Report
dated March 27,2006; and
\VHEREAS, the Planning Commission further reviewed the application and
made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511 (d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subject properties to current and future land use
designations that correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable areas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject properties was changed to Improved Subdivision (IS). The properties were
given the Future Land Use Map (FLUM) designation of Residential Medium (RcTVl) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (RM)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
lots in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan 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 the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
pemlitted use in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan and that lawfully existed on
such lands on January 4, 1996 may redevelop, reestablish andlor substantially
improve provided that the uses are limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-2010 land
development regulations allowed, whichever is more restrictive.
7. Pursuant toMCC Sections 9.5-143 and 9.5-242, the existing use of light industrial is
a lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use / Commercial (MC).
9, MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) is to establish areas for commercial uses designed and intended primarily to
serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential
areas without the use of U.S. Highway 1.
10. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the
principal purpose of the Mixed Usel Commercial (MC) land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with
the community character and the natural environment. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
11. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway 1 received a FLUM designation of Mixed Use 1 Commercial (Me),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject properties are within an established development area which is served by
existing public facilities.
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. The pre-1986 zoning of BU-3 (Heavy Business District) for the subject properties is
not consistent with the current Land Use District of Improved Subdivision (IS) or the
Future Land Use Map designation of Residential Medium (RM).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5-143, the existing
use of light industrial is a lawful, nonconforming use. By amending the current Land
Use District from Improved Subdivision (IS) to Sub Urban Commercial (SC) and the
Future Land Use Map designation from Residential Medium (RM) to Mixed Use 1
Commercial (MC), the historic and existing use of the subject properties will be
brought into compliance with the Land Development Regulations and will no longer
be considered nonconforming. This will increase the redevelopment potential for the
subject property and provide opportunities for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or alter
the character of the subject properties or the immediate vicinity.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings
support its decision to recommend APPROVAL to the Monroe County Board of County
Commissioners for the request filed by the applicant to amend the Monroe County Year
2010 Comprehensive Plan, Future Land Use District Map designation of Residential
(RL\tl) to Mixed Use 1 Commercial (MC) for Real Estate numbers are 00153240.000000
and 00121660.000000.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida
at a regular meeting held on the 1 th day of April, 2006.
James D. Cameron, Chair
Julio Margalli, Vice Chair
Michelle Cates Deal, Commissioner
Sherry Popham, Commissioner
Randolph D. Wall, Commissioner
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA
By
James D. Cameron, Chair
Signed this
day of
,2006.
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D 04-06
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D04-06
A RESOLUTION BY THE DEVELOPMENT REVIEW
COMMITTEE APPROVING THE REQUEST BY LEE
ROBERT ROHE, ON BEHALF OF RUBEN INVESTMENT
PROPERTIES, TO AiVIEND THE LAND USE DISTRICT
MAP FOR THE FOLLOWING PROPERTIES FROM
IMPROVED SUBDIVISION (IS) TO SUB URBAN
COMMERCIAL (SC). THE PROPERTIES ARE
PHYSICALLY LOCATED ON FIRST STREET, BIG
COP PITT KEY AND ARE LEGALLY DESCRIBED AS
BLOCK 18, LOT 1, JOHNSONVILLE SUBDIVISION, PB 1-
53, BIG COPPITT KEY, MONROE COUNTY, FLORIDA
AND PART GOVERNMENT LOT 3, BIG COPPITT KEY,
MONROE COUNTY, FLORIDA. THE REAL ESTATE
NUMBERS ARE 00153240.000000 AND 00121660.000000,
AT APPROXIMATE MILE MARKER 10.
WHEREAS, the Development Review Committee, during a regular meeting held
on March 21, 2006 conducted a review and consideration of the request filed by Lee
Robert Rohe, on behalf of Ruben Investment Properties, to amend the Land Use District
(zoning) map designation of the following properties from Improved Subdivision (IS) to
Sub Urban Commercial (SC). The properties are physically located on First Street, Big
Coppitt Key and are legally described as Block 18, Lot 1, J ohnsonville Subdivision, PB
1-53, Big Coppitt Key, Monroe County, Florida and Part Government Lot 3, Big Coppitt
Key, Monroe County, Florida. The Real Estate numbers are 00153240.000000 and
00121660.000000, located at approximate Mile Marker 10; and
WHEREAS, after further review of the application and consideration of facts,
staff recommcnded approval to the Development Review Committee as indicated in the
Staff Report dated March 16,2006; and
WHEREAS, the Development Review Committee further reviewed the
application and made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511 (d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subject properties to current and future land use
designations that correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable areas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject properties was changed to Improved Subdivision (IS). The properties were
given the Future Land Use Map (FLUM) designation of Residential Medium (R1vl) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (RM)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
10ts in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the lvfonroe County Year 2010 Comprehensive Plan 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 the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
permitted use in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan and that lawfully existed on
such lands on January 4, 1996 may redevelop, reestablish andlor substantially
improve provided that the uses are limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-2010 land
development regulations allowed, whichever is more restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use of light industrial is
a lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use! Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) is to establish areas for commercial uses designed and intended primarily to
serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential
areas without the use of U.S. Highway 1.
1 a.policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the
principal purpose of the Mixed Use! Commercial (MC) land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with
the community character and the natural environment. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
11. MCC Section 9.5-51] prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway 1 received a FLUM designation of Mixed Use 1 Commercial (Me),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject properties are within an established development area which is served by
existing public facilities.
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. The pre-1986 zoning of BU-3 (Heavy Business District) for the subject properties
is not consistent with the current Land Use District of Improved Subdivision (IS)
or the Future Land Use Map designation of Residential Medium (RM).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5-143, the
existing use of light industrial is a lawful, nonconforming use. By amending the
current Land Use District from Improved Subdivision (IS) to Sub Urban
Commercial (SC) and the Future Land Use Map designation from Residential
Medium (RM) to Mixed Use / Commercial (MC), the historic and existing use of
the subject properties will be brought into compliance with the Land
Development Regulations and will no longer be considered nonconforming. This
will increase the redevelopment potential for the subject property and provide
opportuniti es for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or
alter the character of the subj ect properties or the immediate vicinity.
NOW THEREFORE, BE IT RESOL VED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding
findings support its decision to recommend APPROVAL to the Monroe County
Planning Commission for the request filed by the applicant to amend the Land Use
District map designation of Improved Subdivision (IS) to Sub Urban Commercial (SC)
for Real Estate numbers are 00153240.000000 and 00121660.000000.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 21st day of March, 2006.
Heather Beckmann, Senior Planner YES
Joseph Haberman, Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
Department of Health (by FAX) YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY,
FLORIDA
By
Aref Joulani, DRC Chair
Signed this
day of
,2006
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D 05-06
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D05-06
A RESOLUTION BY THE DEVELOPMENT REVIEW
COMMITTEE APPROVING THE REQUEST BY LEE
ROBERT ROHE, ON BEHALF OF RUBEN INVESTMENT
PROPERTIES, TO AMEND THE FUTURE LAND USE
MAP (FLUM) OF THE MONROE COUNTY YEAR 201 0
COMPREHENSIVE PLAN FOR THE FOLLOWING
PROPERTIES FROM RESIDENTIAL MEDIUM (Ri\1) TO
MIXED USE ! COMMERCIAL (MC). THE PROPERTIES
ARE PHYSICALL Y LOCATED ON FIRST STREET, BIG
COPPITT KEY AND ARE LEGALLY DESCRIBED AS
BLOCK 18, LOT 1, JOHNSONVILLE SUBDIVISION, PB 1-
53, BIG COPPITT KEY, MONROE COUNTY, FLORIDA
AND PART GOVERNMENT LOT 3, BIG COP PITT KEY,
MONROE COUNTY, FLORIDA. THE REAL ESTATE
NUMBERS ARE 00153240.000000 AND 00121660.000000,
AT APPROXIMATE MILE MARKER 10.
WHEREAS, the Development Review Committee, during a regular meeting held
on March 21, 2006 conducted a review and consideration of the request filed by Lee
Robert Rohe, on behalf of Ruben Investment Properties, to amend the Future Land Use
Map designation of the following properties from Residential Medium (RM) to Mixed
Use! Commercial (MC). The properties are physically located on First Street, Big
Coppitt Key and are legally described as Block 18, Lot 1, Johnsonville Subdivision, PB
1-53, Big Coppitt Key, Monroe County, Florida and Part Government Lot 3, Big Coppitt
Key, Monroe County, Florida. The Real Estate numbers are 00153240.000000 and
00121660.000000, located at approximate Mile Marker 10; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Development Review Committee as indicated in the
Staff Report dated March 16,2006; and
WHEREAS, the Development Review Committee further reviewed the
application and made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511 (d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subject properties to current and future land use
designations that correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable areas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject properties was changed to Improved Subdivision (IS). The properties were
given the Future Land Use Map (FLUM) designation of Residential Medium (RM) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (R1v1)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
lots in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan 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 the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
permitted use in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan and that lawfully existed on
such lands on January 4, 1996 may redevelop, reestablish and/or substantially
improve provided that the uses are limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-2010 land
development regulations allowed, whichever is more restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use of light industrial is
a lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use! Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) is to establish areas for commercial uses designed and intended primarily to
serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential
areas without the use of U.S. Highway 1.
10. Policy 101.4.5 of the Monroe Counzy Year 2010 Comprehensive Plan states that the
principal purpose of the Mixed Use! Commercial (MC) land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with
the community character and the natural environment. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
11. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) ofthe Monroe Coun~y Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway 1 received a FLUM designation of Mixed Use! Commercial (MC),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject properties are within an established development area which is served by
existing public facilities.
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. The pre-1986 zoning ofBU-3 (Heavy Business District) for the subject properties
is not consistent with the current Land Use District of Improved Subdivision (IS)
or the Future Land Use Map designation of Residential Medium (&\1).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5~ 143, the
existing use of light industrial is a lawful, nonconforming use. By amending the
current Land Use District from Improved Subdivision (IS) to Sub Urban
Commercial (SC) and the Future Land Use Map designation from Residential
Medium (RM) to Mixed Use J Commercial (MC), the historic and existing use of
the subject properties will be brought into compliance with the Land
Development Regulations and will no longer be considered nonconforming. This
will increase the redevelopment potential for the subject property and provide
opportunities for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or
alter the character of the subject properties or the immediate vicinity.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MoNROE COUNTY, FLORIDA, that the preceding
findings support its decision to recommend APPROVAL to the Monroe County
Planning COlllmission for the request filed by the applicant to amend the Monroe County
Year 201 0 Comprehensive Plan, Future Land Use District Map designation of Residential
(RM) to Mixed Use! Commercial (MC) for Real Estate numbers are 00153240.000000
and 00121660.000000.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 21 st day of March, 2006.
Heather Beckmann, Senior Planner YES
JosephHaberman, Planner . . YES
Ralph Gouldy,SL Administrator ofEnvironri1elltal Resources YES
I)eparirnel1t oflIealth (by FAx) YES
Di;partmentofPuhlicvvorks {by FAX) YES
Depart111entof'Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY,
FLORIDA
By
Aref Joulani, DRC Chair
Sigt1~d this
2006