Item B1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 26, 2009 Division: Growth Management
Bulk Item: Yes_ No X Department: Planning & Environmental Resource
Staff Contact Person: Kathy Grasser, Comprehensive Planner
AGENDA ITEM WORDING:
A public hearing to consider transmittal of a resolution to the DCA at the request of the Sievers Marine,
Inc., proposing an ordinance to amend the subject property's Future Land Use Map (FLUM) designation
from Residential Medium (RM) to Mixed Use / Commercial (MC).
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on November 18, 2008 and based on the
facts presented at the meeting, the Planning Commission recommended approval of the Future Land Use
Map amendment application to the Board of County Commissioners.
PREVIOUS RELEVANT COMMISSION ACTION: N;-A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N±A BUDGETED: Yes No NIA
COST TO COUNTY: N;A SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes No N.'A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney ____ OMB Purchasing Risk Management
DOCUMENTATION:
Included X Not Required
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
Subject:
Monroe County Board of County Commissioners
Andrew O. Trivette, Growth Management Director
Townsley Schwab, Acting Director of Env. & Planning Resources
Kathy Grasser, Comprehensive Planner)41
January 5, 2009
Request for an Amendment to the Future Land Use Map for Sievers Marine,
Inc, Key Largo, Mile Marker 106, Real Estate Numbers 00538170.000000,
00538180.000000 and 00538190.000000
Meeting: January 26, 2009
1 REOUEST
A request by the W. F. McCain & Associates, Inc for Siever's Marine, Inc., to amend the
Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use l
Commercial (MC).
Cf)MMIINITY CHARACTFR AFRIAI
60F
A. Address: Mile Marker 106, Key Largo, Florida
B. Legal Description: Block 1, Lots 11, 12 and 13, Ocean Isle Estates,
Monroe County, Florida
C. Real Estate Number(s): 00538170.000000, 00538180.000000 and 00538190.000000
D. Applicant/Petitioner: William McCain, WF McCain & Associates
E. Property Owner: Siever's Marine, Inc.
1
2 NOTE:
3 The current owner proposes a mixed use area that provides workforce housing and a light
4 commercial retail area. The proposal is subject to the rezoning. The owner is not obligated
5 to follow through with these plans. The BOCC can not use what the property owner might
6 develop as a basis for their decision.
7
8 Staff cannot comment on any proposed redevelopment plans as part of this or any map
9 amendment application.
10
11 11 PROCESS
12
13 Amendments may be proposed by the Board of County Commissioners (BOCC), the
14 Planning Commission, the Director of Planning, or the owner or other person having a
15 contractual interest in property to be affected by a proposed amendment. The Director of
16 Planning shall review and process map amendment applications as they are received and pass
17 them onto the Development Review Committee and the Planning Commission for
18 recommendation and final approval by the BOCC.
19
20 The Planning Commission and the BOCC shall each hold at least one public hearing on a
21 proposed amendment. The Planning Commission shall review the application, the reports
22 and recommendations of the Department of Planning & Environmental Resources and the
23 Development Review Committee and the testimony given at the public hearing and shall
24 submit its recommendations and findings to the BOCC. The BOCC shall consider the report
25 and recommendation of and the testimony given at the public hearings and may either deny
26 the application or adopt a resolution transmitting the proposed amendment to the DCA.
27 Ordinances are then reviewed by the Florida Department of Community Affairs and returned
28 to the County with objections, recommendations and comments to be considered prior to
29 adoption of the ordinance. Then, an adoption hearing is scheduled for the BOCC.
30
31 I1I RELEVANT PRIOR COUNTY ACTIONS
32
33 None.
34
35 BACKGROUND INFORMATION
36
37 A. Size of Site:
38 RE: # 00538170.000000: 8,240 ftz
39 RE: # 00538180.000000: 6,000 f�
40 RE: # 00538190.000000: 7,000 ft
41 Total Site Size: 21,240 ft2
42 B. Current Land Use Map Designation: Improved Subdivision (IS)
43 Future Land Use Map Designation: Residential Medium (RM)
44 C. Tier Designation: Tier III
45 D. Flood Zone: X
46
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I E. Existing Use:
2 RE: # 00538170.000000: Undeveloped
3 RE: # 00538180.000000: Undeveloped
4 RE: # 00538190.000000: Undeveloped
5 F. Existing Vegetation / Habitat: Cleared with some vegetation
6 G. Community Character of Immediate Vicinity: The applicant's parcels are located at MM.
7 106. It is located on US 1 at the split before US 1 and US 905 on the ocean side. The
8 parcels north of the applicant are owned by the State and are not developable. The area
9 has single family residential east of the proposed FLUM change. The parcels south of the
10 proposed parcels are owned by the Baptist Church, the Atlantic Dive Center and four
11 privately owned vacant parcels. Across U. S. 1/Overseas Highway, there are also
12 privately owned vacant parcels and the Travis Boating Center. North of the applicant's
13 parcels at the U. S. 1 and US 905 split is the Circle K gas station and convenience store.
14
15 IV REVIEW OF APPLICATION
16
17 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
18 County Year 2010 Comprehensive Plan:
19
20 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan
21 that directly pertain to the proposed amendments include:
22
23 • Goals 3.1: Future Land Use
24
25 Goal 101: Monroe County shall manage future growth to enhance the quality of life,
26 ensure the safety of County residents and visitors, and protect valuable natural
27 resources. [9J-5.006(3)a]
28
29 Objective 101.4: Monroe County shall regulate future development and
30 redevelopment to maintain the character of the community and protect the natural
31 resources by providing for the compatible distribution of land uses consistent with the
32 designations shown on the Future Land Use Map.
33 [9J-.006(3)(b) 31
34
35 Policy 101.4.3: The principal purpose of the Residential Medium land use
36 category is to recognize those portions of subdivisions that were lawfully
37 established and improved prior to the adoption of this plan and to define improved
38 subdivisions as those lots served by a dedicated and accepted existing roadway,
39 have an approved potable water supply, and have sufficient uplands to
40 accommodate the residential uses. Development on vacant land within this land
41 use category shall be limited to one residential dwelling unit for each such platted
42 lot or parcel which existed at the time of plan adoption. However, Monroe County
43 shall adopt Land Development Regulations which allow nonresidential uses that
44 were listed as a permitted use in the Land Development Regulations that were in
45 effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-
46 2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to
Siever's Marine, Inc. P. 3 of 16 Reviewed by.
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I develop, redevelop, reestablish and/or substantially improve provided that the
2 uses are Iimited in intensity, floor area, density and to the type of use that existed
3 on January 4, 1996 or limited to what the pre-2010 LDR's allowed, whichever is
4 more restricted. Lands within this land use category shall not be further
5 subdivided. [9J-5.006(3)(c) 1 and 7]
6
7 Policy 101.4.5: The principal purpose of the Mixed Use / Commercial (MC) land
8 use category is to provide for the establishment of commercial zoning districts
9 where various types of commercial retail and office may be permitted at
10 intensities which are consistent with the community character and the natural
11 environment. Employee housing and commercial apartments are also permitted.
12
13
14 Applicant is proposing a FLUM amendment from Residential Medium (RN1) to Mixed
15 Use / Commercial (MC). The parcel is scarified and no natural resources wiII be
16 affected. The MC future land use designation is compatible with surrounding Iand uses.
17 Staff has determined the proposed FLUM amendment is consistent with the provisions
18 and intent of the Monroe County Year 2010 Comprehensive Plan.
19
20 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of
21 the Monroe County Code, Land Development Regulations:
22
23 1n accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC may consider the adoption of
24 an ordinance enacting the proposed change based on one (1) or more of the foIIowing
25 factors:
26
27 i. Changed projections (e.g., regarding public service needs) from those on which the
28 text or boundary was based;
29
30 Applicant: Since the Monroe County Comprehensive Plan's adoption in 1992
31 (based on the 1980 census data), the comprehensive plan and census data projected
32 an even increase in future population through the entire county. The KLLCP (Key
33 Largo Livable CommuniKeys PIan) addresses the need during this growth period to
34 protect and enhance local community roots, while protecting IocaI environmental
35 resources. This application embodies the conclusions of the KLLCP; it replaces the
36 single family residential (3 lots) adjacent to and fronting the Overseas Highway
37 corridor with viable commercial and mixed class residential along a corridor of
38 existing and prescribed suburban commercial development. The application for a
39 FLUM amendment and re -zoning conforms to all the goals of the KLLCP. The
40 change will allow development that is compatible with the goals of the KLLCP by
41 protecting and enhancing local community life and minimizing the impact on
42 Monroe County's environmental resources.
43
44 The combined Iots on Overseas Highway (US-1) will not require any additional
45 access on their frontage. The development will take advantage of two existing
46 access points; i.e. N. End Road and Garden Cove Drive, and create an interconnect
Slever'S Marine, Inc P 4 of 16 Reviewed by: _
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I between them allowing the abandonment of an existing undeveloped alley way to
2 increase proper access traffic flow outside of the Overseas Highway. Even in the
3 comprehensive plan, single family residential lot development was not properly
4 addressed as single families and cars on a corridor road do not mix. It should be
5 noted that within the nearby vicinity of the subject property, no other residential
6 properties exist along the Overseas Highway (US-1) right of way other than Adam's
7 Cut at approximately MM 103/104.
8
9 With the adoption of the KLLCP and the tier system, shifting in the planning
10 philosophies along the Overseas Highway (US-1) corridor in areas of infill and
I meeting the "neighborhood communities" criteria including the provisions for a
12 "walkable community" reducing area trip generation, this rezoning and FLUM
13 amendment should be positively accepted.
14
15 The County will require all parcels to be combined into one developable lot at the
16 time of site plan approval. This will, combined with the fact that the individual lots
17 themselves are not large enough to support any mixed development, avoid individual
18 lot sell-off and guarantee proper development as envisioned by the KLLCP. It
19 should be noted that, not only will a Florida Department of Transportation (FDOT)
20 curb cut for additional access not be sought from the FDOT, the FDOT will not grant
21 one accept under the current single lot configuration.
22
23 Staff. Currently, the future land use map (FLUM) designation of Residential Medium
24 (RM) allows for one (1) dwelling unit per lot. The three (3) subject parcels are
25 adjacent to US 1. The proposed Mixed Use / Commercial (MC) FLUM designation
26 is consistent to the FLUM designation on US 1. The proposed FLUM amendment is
27 consistent with (i) changed projections.
28
29 ii. Changed assumptions (e.g., regarding demographic trends);
30
31 Applicant: The prescribed use of "mixed use development" per the KLLCP is an
32 effective way of dealing with new growth issues in this part of the Keys vs. that of
33 the Monroe County Comprehensive Plan designating this property as residential
34 medium. Allowing Mixed Use/Commercial (MC) FLUM designation for this
35 property creates a balance of environmental concerns; needs for housing in general,
36 and fills a void for affordable housing. The allowance of this rezoning and FLUM
37 amendment will serve as an enhancement to the surrounding area and the gateway to
38 the Keys.
39
40 Staff Any use allowed for the proposed land use is considered potential
41 development, not only affordable housing. Affordable housing can be built in
42 designated Monroe County land use districts. While there is a need for affordable
43 housing, the data and the information provided by the applicant does not constitute a
44 changed assumption justifying a map amendment.
45
Siever's Marine, Inc. P. 5 of l6 Reviewed by
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I iii. Data errors, including errors in mapping, vegetative types and natural features
2 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
3
4 Applicant: The IS Iand use designation for the subject parcels that are being proposed
5 for rezoning to SC and FLUM amendment to MC is an obvious example of Key
6 Largo residents' and planning staff concerns that the KLLCP for the area
7 recommends a mixed use that provides workforce housing and a Iight commercial
8 retail area where local residents can feel comfortable in an aesthetically pleasing
9 environment. The IS designation given to the parcels was probably a part of a
10 "package" designation requested by the developer of Ocean Isle Estates. The nature
11 of the designation and factors leading to the designation are better addressed by
12 Monroe County planning officials who have easy access to records pertaining to the
13 Ocean Isle development.
14
15 A portion of the Ocean Isle Estates subdivision currently includes a commercial
16 fishing village supported by the marina and restaurant currently owned by the
17 Applicant. The existing IS Iand use designation supports the Applicant's requested
18 use for the subject property. Often, when broad brush comprehensive plans are
19 quickly established at the beckoning of the state, pockets of unique development are
20 often caught up by the basic underlying Iand use and not the specific character of the
21 existing development or proximity to major thoroughfare related issues.
22
23 The KLLCP goes into great detail about the deficiencies of the existing FLUM.
24 Under the heading of Goal 1 of the KLLCP, the narrative describes the tendency of
25 the Monroe County Comprehensive Plan to have "down -zoned" many of the
26 properties adjacent to Overseas Highway (US-1). The narrative then goes on to state
27 that through the changed conditions and new information that has been brought forth
28 since the Comprehensive PIan's adoption in 1986, it is now the goal of the County
29 and the Community to restore the commercial use status along this corridor.
30 Certainly, that is what the amendment of the FLUM to MC and rezone to SC would
31 accomplish for the subject property.
32
33 Staff: There are no historical errors in mapping, vegetative types and natural features
34 for the three (3) subject parcels.
35
36 iv. New issues;
37
38 Applicant: Over time, since the Buzzard's Roost Marina and Restaurant first opened
39 more than 30 years ago, the majority of the surrounding neighborhood has been built
40 or has become a "fishing village" with the marina at its core. The neighborhood is
41 supported to some extent with commercial development bordering Overseas
42 Highway (US-1), commercial fishing, special district, mixed use commercial and
43 improved subdivision. Through the recommendations in the KLLCP, the proposed
44 FLUM amendment to MC and rezoning to SC enhances the surrounding uses, the
45 adjacent "fishing village" and serves as a light commercial/residential buffer from
46 Overseas Highway (US-1), blending into the other residential uses. With the ability
Siever's Marine, Inc. P. 6 of 16 Reviewed by.
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I to develop the property as a SC development, retail in support of the existing Village
2 atmosphere could be built. The purpose of the existing IS district is to protect
3 legally vested residential development rights to owners of lots in subdivisions that
4 were established prior to the comprehensive plan. While existing plats at the time of
5 the comprehensive plan development may have justified the IS designation, a closer
6 review of the surrounding area indicates a strong correlation to the Suburban
7 Commercial (SC) districts listed as to establish or conserve areas of
8 commercial/mixed uses, and preserve these as areas representative of the character,
9 economy and cultural history of the Florida Keys. The Applicant believes his
10 request for rezoning to SC and FLUM amendment to MC will hold to this test and
11 will assist with the integration of the overall local neighborhood culture.
12
13 Staff There are no new issues for these three (3) parcels.
14
15 v. Recognition of a need for additional detail or comprehensiveness
16
17 Applicant: The proposed KLLCP to the Monroe County Comprehensive Plan
18 establishes new priorities for detailed review for comprehensiveness regarding local
19 communities in Key Largo. The consensus goals identified in the KLLCP are met
20 by the implementation of the Applicant's re -zoning and FLUM amendment request
21 as illustrated below. It is specifically noted in the KLLCP, Strategy 1.3, action item
22 1.3.7 (b) that commercial conformance status be preserved within the sections along
23 the Overseas Highway (US-1) corridor. Although it is not a part of this application,
24 it is suggested that Monroe County would pursue a change of zone and FLUM
25 designation for the remaining Ocean Isle lots fronting Overseas Highway (US-1) to
26 achieve a condition that is consistent with the goals of the KLLCP for the remaining
27 lots adjacent to Overseas Highway (US-1). The applicant is currently making an
28 effort to contact the adjacent owners within Ocean Isle estates to gain their support
29 in the rezoning and FLUM amendment for the parcels along the Overseas Highway
30 (US-1) right of way.
31
32 vi. Staff The three (3) parcels have been cleared and scarified. The applicant is
33 proposing a FLUM designation change to Mixed Use / Commercial (MC). The
34 parcels are south of the US 1 and US 905 split. The FLUM designation for the US 1
35 corridor is Mixed Use / Commercial (MC). The proposed FLUM amendment is
36 consistent with (v) recognition of a need for additional detail or comprehensiveness.
37
38 vii. Data updates;
39
40 Applicant: None
41
42 Staff: None
43
44 C. Goals, Strategies and Action Items from the Key Largo Livable Comm uniKeys Plan that
45 directly pertain to the proposed development:
46
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I The following is a response by the applicant expanding on ten (10) out of the eleven (11)
2 goals located in the Key Largo Livable CommuniKeys Plan (KLLCP), pertaining to the
3 proposed FLUM amendment.
4
5 Land Use and Redevelopment
6
7 Consensus Goal 1: Direct future growth to lands that are most suitable for development
8 and encourage preservation of environmentally sensitive lands
9
10 Applicant: The AppIicant's property is in an optimal Iocation for rezoning to SC and
11 FLUM amendment to MC in that it affords upscale commercial, keeping with the fishing
12 village appearance of the Keys to create a showcase at the entrance of Key Largo. The
13 SC zone also allows a mix of residential above the commercial predominantly in support
14 of affordable housing related back to the Buzzard's Roost Marina & Restaurant staff
15 housing needs as well as housing needs in general. The proposed rezoning and FLUM
16 amendment also eliminates single family housing units directly abutting a congested area
17 of the Overseas Highway as well as removing the possibility of any new access points
18 along Overseas Highway (US-1). This is all accomplished without any detriment to any
19 environmentally sensitive Iands, and if anything, through proper stormwater treatment
20 facilities, will improve the environmental status quo over single family residential
21 construction on existing platted lots.
22
23 Staff The three (3) parcels are scarified and undeveloped. The land is suitable for
24 development and the proposed amendment will not draw on any environmentally
25 sensitive lands. The proposed FLUM amendment is consistent with the Key Largo
26 Livable CommuniKeys Plan (KLLCP) Land Use Consensus Goal 1.
27
28 Community Character
29
30 Consensus Goal 2: Preserve and enhance important community qualities within the
31 planning area that define Key Largo's casual village style atmosphere and natural
32 environment and that enhance its status as the first island of the Florida Keys.
33
34 Applicant: As studied previously, the Applicant believes that the rezoning to SC and
35 FLUM amendment to MC will not only fit into the surrounding existing development but
36 will enhance the "village style" atmosphere as a gateway view into Key Largo. The
37 proposed development will provide an immediate visual enhancement over the existing 3
38 scarified lots.
39
40 Staff. The applicant's property is adjacent to US 1. Staff cannot comment on any
41 proposed development or redevelopment plans as part of this or any map amendment
42 application.
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I Consensus Goal 3: Protect and enhance historic, cultural and archeological resources
2 within Key Largo to maintain the integrity of the community's unique character.
3
4 Applicant: While the proposed development neither enhances historic or archeological
5 resources, it does protect and enhance cultural aspects of the community while
6 maintaining and enhancing the community's unique character; village style construction,
7 i.e. residential over commercial.
8
9 Staff Staff cannot comment on any proposed development or redevelopment plans as
10 part of this or any map amendment application.
11
12 Housing
13
14 Consensus Goal 4: Maintain the availability of affordable housing and workforce
15 housing for local residents while preserving the character of the community.
16
17 Applicant: The client's incentive toward providing some workforce housing units in the
18 project is driven by the needs of his own staff at Buzzard's Roost Restaurant and Garden
19 Cove Marina, just blocks away from the site. The rezoning to SC and FLUM amendment
20 to MC allows significantly needed workforce housing to be built.
21
22 Staff. This application is for a future land use map (FLUM) designation change. Any
23 use allowed for the proposed land use is considered potential development, not only
24 affordable housing. Affordable housing can be built in designated Monroe County land
25 use districts.
26
27 Environmental Protection
28
29 Consensus Goal 5: Preserve, manage, and restore where appropriate, the natural
30 resources within the planning area by providing open space, protecting water quality and
31 acquiring and managing environmentally sensitive lands.
32
33 Applicant: Given that the lots have been in their existing scarified state for such a long
34 time, along with the required on -site stormwater treatment the project will provide, the
35 request meets the environmental protection goal of the KLLCP.
36
37 Stay The proposed FLUM amendment will not preserve, manage or restore the natural
38 resources within the planning area.
39
40 Economic Development
41
42 Consensus Goal b: Encourage redevelopment and infill development that supports and
43 enhances the tourist based economy of the planning area.
44
45 Applicant: The request meets the economic development goal encouraging infill
46 development while enhancing the tourism based economy. This will be accomplished
Stever's Marine, Inc P 9 of I6 Reviewed by:
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I with portions of the commercial business associated back to the Buzzard's Roost
2 Restaurant and Garden Cove Marina, additional island retail and a mix of workforce
3 housing as previously stated.
4
5 Staff. The proposed FLUM amendment will encourage infill of undeveloped scarified
6 land. The proposed FLUM amendment is consistent with the Key Largo Livable
7 CommuniKeys Plan (KLLCP) Land Use Consensus Goal 6.
8
9 Consensus Goal 7: Recognize water -dependent and water -related commercial uses as an
10 important source of economic sustainability within the planning area.
11
12 Applicant: As this goal recognizes the need to support water -dependent and water related
13 commercial uses, the proposed rezoning and FLUM amendment will allow for the
14 development of both support services for the Buzzard's Roost Restaurant and Garden
15 Cove Marina as well as commercial development over the subject properties.
16
17 Staff: Goal Seven (7) of the KLLCP states "water -dependent uses include marinas,
18 commercial fishing, boat launching facilities and beaches. Water -related uses include
19 concession stands, bait and tackle shops and fish houses. Hotels and restaurants located
20 on the water while not water dependent or related as in the traditional definition are
21 economically enhanced by the location on the water and are included in the definition
22 here." The three (3) subject parcels are not on or near the water. The proposed FLUM
23 amendment is not applicable with the Key Largo Livable CommuniKeys Plan (KLLCP)
24 Land Use Consensus Goal 7.
25
26 Transportation
27
28 Consensus Goal 8: Provide residents and visitors of the planning area with a safe and
29 useable transportation system for vehicles, bicycles and pedestrians with opportunities
30 for transit systems where appropriate.
31
32 Applicant: Workforce housing located within the subject property would enable
33 residents the ability to walk to work at either the nearby existing commercial/retail
34 developments or the proposed commercial developments that would be feasible with the
35 change to the SC zone and MC FLUM designation. As stated by the KLLCP,
36 developments that promote pedestrian activity are encouraged, and it would be desirable
37 to decrease the need for additional trips, possibly congesting the Overseas Highway (US-
38 1). The approval of the requested SC rezoning and FLUM amendment to MC will
39 require joining of all 3 lots, potentially eliminating an additional access point to the
40 Overseas Highway.
41
42 Staff. Staff cannot comment on any proposed redevelopment plans as part of this or any
43 map amendment application.
44
45
46
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1 Recreation
2
3 Consensus Goal 9: Provide additional resources for enhancement of existing facilities,
4 expansion of active and passive land -based recreation opportunities and seek to expand
5 public shoreline access for water -based recreational activities for all age groups within
6 the community.
7
8 Applicant: The proposed rezoning to SC and FLUM amendment to MC will allow the
9 development of a portion of the project to serve as support for the Buzzard's Roost
10 Restaurant and Garden Cove Marina thereby enhancing areas for water based activities.
11
12 Staff Staff cannot comment on any proposed redevelopment plans as part of this or any
13 map amendment application.
14
15 Community Facilities
16
17 Consensus Goal 10: Provide adequate public facilities to serve the existing and future
18 needs of the planning area.
19
20 Applicant: Public facilities are adequate to support the rezoning to SC as well as the
21 FLUM amendment to MC that have been requested. The Applicant has satisfied the
22 consensus goals identified in the KLLCP. Approval of the FLUM amendment to MC and
23 rezoning to SC will only net a positive effect on the upper Key Largo area.
24
25 Staff Monroe County's Public Facilities Capacity Assessment Report indicates there are
26 over 100 gallons of water available per person per day. The 100 gallons per person per
27 day standard is commonly accepted as appropriate and is reflected in Policy 701.1.1 of
28 the Monroe County Year 2010 Comprehensive Plan. The proposed FLUM amendment is
29 consistent with the Key Largo Livable CommuniKeys Plan (KLLCP) Land Use
30 Consensus Goal 10.
31
32 D. Consistency with the Principles for Guiding Development in the Florida Keys Area of
33 Critical State Concern:
34
35 (a) To establish a land use management system that protects the natural environment
36 of the Florida Keys.
37
38 The proposed FLUM amendment will not affect the natural environment.
39 Staff finds the proposed FLUM amendment consistent.
40
41 (b) To establish a land use management system that conserves and promotes the
42 community character of the Florida Keys.
43
44 The proposed FLUM amendment is compatible with community character.
45 Staff finds the proposed FLUM amendment consistent.
46
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I (c) To establish a land use management system that promotes orderly and balanced
2 growth in accordance with the capacity of available and planned public facilities
3 and services.
4
5 The proposed FLUM amendment affects only the three (3) subject's parcels
6 which are scarified and undeveloped. Staff finds the proposed FLUM amendment
7 consistent.
8
9 (d) To provide for affordable housing in close proximity to places of employment in
10 the Florida Keys.
11
12 Unknown.
13
14 (e) To establish a land use management system that promotes and supports a diverse
15 and sound economic base.
16
17 The proposed FLUM amendment of Mixed Use 1 Commercial (MC) supports a
18 variety of uses and densities and intensities. Staff finds the proposed FLUM
19 amendment consistent.
20
21 (f) To protect the constitutional rights of property owners to own, use, and dispose of
22 their real property.
23
24 The proposed FLUM amendment is the applicant's choice. Staff finds the
25 proposed FLUM amendment consistent.
26
27 (g) To promote coordination and efficiency among governmental agencies with
28 permitting jurisdiction over land use activities in the Florida Keys.
29
30 Staff finds the proposed FLUM amendment consistent.
31
32 E. Impact on Community Character:
33
34 Staff: MCC § 9.5-511 maintains that amendments may not permit an adverse change in
35 community character. The character of the immediate vicinity includes open space,
36 mixed use and residential. The applicant's parcels are located at MM 106. It is located
37 on US 1 at the split just before US 1 and US 905 on the ocean side. A convenience store
38 is located at this split; other miscellaneous low to medium intensity retail stores are in the
39 surrounding area. Single-family residences are located along North End and Garden
40 Cove Road; Most of the U. S. I parcels in this area are vacant and overgrown. This
41 future land use map (FLUM) designation amendment does not constitute an adverse
42 change in community character.
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I Local Use Compatibility
2
3 The three (3) subject parcels are located adjacent to US 1 and SR 905 at the split. The
4 US 1 corridor is Mixed Use / Commercial (MC), Institutional (INS), Conservation
5 Recreation (CR), Conservation (C), Residential Low, (RL) Residential High (RH), The
6 proposed future land use map (FLUM) designation is compatible with the local use.
7
8 Density and Intensity
9
10 The three applicant's properties are 21,240 ft2 (.482 acres) in size.
11
12 The Residential Medium (RM) future land use map (FLUM) designation allows for one
13 (1) dwelling unit per lot and maximum net density is not allowed. In the Mixed Use /
14 Commercial (MC) land use district, up to six (6) dwelling units and fifteen (15)
15 rooms/spaces per acre, are permitted. Eighteen (18) dwelling units and up to twenty-five
16 (25) rooms/spaces per buildable acre are allowed for maximum net density. The
17 maximum floor area ratio is between 10% and 40%.
18
19 Local Traffic and Parking
20
21 Local roads are already in place and have been well maintained. The proposed FLUM
22 amendment may affect local traffic and parking, but not significantly.
23
24 Effects on Natural Resources
25
26 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct
27 future growth to lands which are intrinsically most suitable for development and shall
28 encourage conservation and protection of environmentally sensitive lands. Future
29 development would be required to comply with all Monroe County Code, State and
30 Federal environmental regulations.
31
32 Because the subject property consists of cleared undeveloped Iots, no additional clearing
33 is anticipated for the proposed development. Effects on natural resources are not
34 anticipated.
35
36 Effects on Public Facilities
37
38 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires the
39 County to direct future growth away from environmentally sensitive land and towards
40 established development areas served by existing public facilities. The proposed FLUM
41 amendment will not affect Objective 101,11 and will encourage commercial development
42 to remain on disturbed lands rather than encroaching on environmentally sensitive area.
43
44
Siever's Marine, Inc. P. 1'� (5" 16 Reviewed by.
M27092 BOCC: January 26, 2009
I Traffic Circulation
2
3 Overseas Highway or U.S. 1 is required to maintain a level of service (LOS) of "C" in
4 order to support additional development. The 2007 US 1 Arterial Travel Time and Delay
5 Study for Monroe County indicates a LOS of "A" from Atlantic Boulevard to C-905
6 (MM 99.5 to MM 106).
7
8 Solid Waste
9
10 Monroe County has a solid waste haul out contract with Waste Management Inc., which
11 authorizes the use of in -state facilities through September 20, 2016, thereby providing the
12 County with approximately eight (8) years of guaranteed capacity. The proposed future
13 land use map (FLUM) amendment may affect solid waste, but not significantly.
14
15 Potable Water
16
17 In 2002, South Florida Water Management District approved an increase in Florida Keys
18 Aqueduct Authority's Water Use Permit. Monroe County's Public Facilities Capacity
19 Assessment Report indicates there are over 100 gallons of water available per person per
20 day. The 100 gallons per person per day standard is commonly accepted as appropriate
21 and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
22
23 Stormwater
24
25 Staff feels stormwater runoff will result from this future land use map (FLUM)
26 amendment. The applicant's properties, although in Tier III, are scarified but have not
27 been developed. MCC Section 9.5-293 requires that all developments retain stormwater
28 on site following Best Management Practices (BMP's).
29
30 Effects on Redevelopment.7nfill Potential:
31
32 The site is scarified undeveloped. Staff feels there might be a negative impact on
33 redevelopment / infill potentials, but not significantly. Currently, the Buzzard's Roost
34 sign stands on the subject parcels.
35
36 V FINDINGS OF FACT AND CONCLUSIONS OF LAW
37
38 1. Objective 10 1. 11 of the Monroe County Year 2010 Comprehensive Plan, directs future
39 growth away from environmentally sensitive land and towards established development
40 areas served by existing public facilities. The applicant's parcels are already cleared.
41
42 2. Objective 101.4.3 of the Monroe County Year 2010 Comprehensive Plan, states the
43 principal purpose of the Residential Medium land use category is to recognize those
44 portions of subdivisions that were lawfully established and improved prior to the
45 adoption of this plan and to define improved subdivisions as those lots served by a
46 dedicated and accepted existing roadway, have an approved potable water supply, and
Siever's Marine, Inc. P 14 of 16 Reviewed by:
M27092 BOCC: January 26, 2009
I
have sufficient uplands to accommodate the residential uses. Development on vacant land
2
within this land use category shall be limited to one dwelling unit per lot.
3
4
3.
Objective 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states the
5
principal purpose of the Mixed Use/ Commercial land use category is to provide for the
6
establishment of commercial zoning districts where various types of commercial retail
7
and office may be permitted at intensities which are consistent with the community
8
character and the natural environment. Employee housing and commercial apartments are
9
also permitted.
10
11
4.
MCC Section 9.5-511 prohibits any map amendments that would negatively impact
12
community character. There may not be a negative impact when changing the land use
13
districts of the parcels from Residential Medium (RM) to Mixed Use / Commercial (MC).
14
The proposed FLUM amendment may not affect community character.
15
16
5.
MCC Sec. 9.5-511(a) maintains that map amendments are not intended to relieve
17
particular hardships, nor to confer special privileges or rights on any person, nor to permit
18
a change in community character, as analyzed in Monroe County Year 2010
19
Comprehensive Plan, Objective 101.4, but only to make necessary adjustments in light of
20
changed conditions. Changing the land use districts of the parcels from Residential
21
Medium (RM) to Mixed Use / Commercial (MC) may not constitute a change in
22
community character.
23
24
6.
Pursuant to MCC Sec. 9.5-511(d)(5)b, the BOCC may consider the adoption of an
25
ordinance enacting the proposed change based on one (1) or more of the following
26
factors: (i) Changed projections (e.g., regarding public service needs) from those on
27
which the text or boundary was based; (ii) Changed assumptions (e.g., regarding
28
demographic trends); (iii) Data errors, including errors in mapping, vegetative types and
29
natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a
30
need for additional detail or comprehensiveness; or (vi) Data updates.
31
32
7.
The Key Largo Community Master Plan Consensus Goal 1 directs future growth to lands
33
that are most suitable for development and encourage preservation of environmentally
34
sensitive lands. The proposed FLUM amendment is consistent with Goal 1.
35
36
8.
The Key Largo Community Master Plan Consensus Goal 6 encourages redevelopment
37
and infill development that supports and enhances the tourists -bases economy of the
38
planning area. The proposed FLUM amendment is consistent with Goal 6.
39
40
9.
The Key Largo Community Master Plan Consensus Goal 10 provides adequate public
41
facilities to serve the existing and future needs of the planning area. The proposed
42
FLUM amendment is consistent with Goal 10.
43
44
10.
Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan shall regulate
45
future development and redevelopment to maintain the character of the community and
Siever's Marine, Inc. P I5 of I6 Reviewed by: _
M27092 BOCC: January 26, 2009
I protect the natural resources by providing for the compatible distribution of land uses
2 consistent with the designations shown on the Future Land Use Map.
3
4 11. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states the principal
5 purpose of the Mixed Use / Commercial land use district is to provide for the
6 establishment of commercial zoning districts where various types of commercial retail
7 and office may be permitted at intensities which are consistent with the community
8 character and the natural environment. Employee housing and commercial apartments are
9 also permitted.
10
11 12. MCC Section 9.5-51I prohibits any map amendments that would negatively impact
12 community character.
13
14 13. MCC Sec. 9.5-5I I(a) maintains that map amendments are not intended to relieve
15 particular hardships, nor to confer special privileges or rights on any person, nor to permit
16 a change in community character, as analyzed in Monroe County Year 2010
17 Comprehensive Plan, but only to make necessary adjustments in light of changed
18 conditions.
19
20 14. The proposed amendment does meet the criteria set forth in MCC Section 9.5-511(b) in
21 no event shall an amendment be approved which will result in an adverse community
22 change of the planning area in which the proposed development is located.
23
24 15. The proposed map amendment meets one (1) of the factors set forth in MCC Sec. 9.5-
25 511(d)(5)b — (i) changed projections and (v) Recognition of a need for additional detail or
26 comprehensiveness.
27
28 16. The proposed map amendment is consistent with the Key Largo Community Master Plan
29 Consensus Goals 1: Direct future growth to lands that mare most suitable for
30 development and encourage preservation of environmentally sensitive lands; Goal 6:
31 Encourage redevelopment and infill development that supports and enhances the tourists-
32 bases economy of the planning area and Goal 10: Provide adequate public facilities to
33 serve the existing and future needs of the planning area.
34
35 17. The proposed map amendments are consistent with the Principles for Guiding
36 Development in the Florida Keys Area of Critical State Concern.
37
38 VI. RECOMMENDATION:
39 Staff recommends APPROVAL to the Monroe County Board of County Commissioners.
siever's Marine, Ine_ P. 16 of 16 Reviewed by: _ _
M27092 BOCC January 26, 2009
BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2009
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS TRANSMITTING TO
THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FROM SIEVERS
MARINE, INC. TO AMEND THE FUTURE LAND USE
MAP (FLUM) DESIGNATION FROM RESIDENTIAL
MEDIUM (RM) MIXED USE ' COMMERCIAL (MC)
FOR PROPERTY LEGALLY DESCRIBED AS BLOCK 1
LOT 11, LOT 12 AND LOT 13 OCEAN ISLE EST PB5-
14 KEY LARGO, MONROE COUNTY, FLORIDA
HAVING REAL ESTATE NUMBERS 00538170-000000,
00538180-000000 AND 00538190-000000.
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 Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested future land use map designation change;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the 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 first (1 S) set of comprehensive plan amendments for 2009 to the
Florida Department of Community Affairs for review and comment in accordance with the
provisions of F. S. Sec. l 63.3 l 84; 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 special meeting held on the 26`h day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY ATTORNEY
PROVED AS T FORD
Dare: ri r7
DEPUTY CLERK
BOCC ORDINANCE
ORDINANCE NO. -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN BY
APPROVING A REQUEST FROM SIEVERS MARINE, INC.
TO AMEND THE FUTURE LAND USE MAP DESIGNATION
FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE i
COMMERCIAL (MC) FOR PROPERTY LEGALLY
DESCRIBED AS BLOCK 1 LOT 11, LOT 12 AND LOT 13
OCEAN ISLE EST P135-14 KEY LARGO, MONROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS 00538170-
000000, 00538180-000000 AND 00538190-000000; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMISSION TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, during a special public meeting held on January 26, 2009, the Monroe
County Board of County Commissioners conducted a review and consideration of a request filed
by W. F. McCain and Associates, on behalf of Sievers Marine, Inc., to amend the subject
property's Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
Use / Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and 9.5-511 of the Monroe County Code; and
WHEREAS, the subject property is located at Mile Marker 106, Key Largo, Florida and
is legally described as Block 1, Lot 11, Lot 12 and Lot 13 Ocean Isle Est, Key Largo, Florida
having Real Estate Numbers 00538170-000000, 00538180-000000 AND 00538190-000000; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan, directs
future growth away from environmentally sensitive land and towards established
development areas served by existing public facilities. The applicant's parcels are
already cleared.
2. Objective 101.4.3 of the Monroe County Year 2010 Comprehensive Plan, states the
principal purpose of the Residential Medium land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the
adoption of this plan and to define improved subdivisions as those lots served by a
dedicated and accepted existing roadway, have an approved potable water supply, and
have sufficient uplands to accommodate the residential uses. Development on vacant
land within this land use category shall be limited to one dwelling unit per lot.
3. Objective 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states the
principal purpose of the Mixed User Commercial 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. Employee housing and
commercial apartments are also permitted.
4. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. There may not be a negative impact when changing the land
use districts of the parcels from Residential Medium (RM) to Mixed Use /
Commercial (MC). The proposed FLUM amendment may not affect community
character.
5. MCC Sec. 9.5-511(a) maintains that map amendments are not intended to relieve
particular hardships, nor to confer special privileges or rights on any person, nor to
permit a change in community character, as analyzed in Monroe County Year 2010
Comprehensive Plan, Objective 101.4, but only to make necessary adjustments in
light of changed conditions. Changing the land use districts of the parcels from
Residential Medium (RM) to Mixed Use .' Commercial (MC) may not constitute a
change in community character.
6. Pursuant to MCC Sec. 9.5-511(d)(5)b, the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one (1) or more of the following
factors: (i) Changed projections (e.g., regarding public service needs) from those on
which the text or boundary was based; (ii) Changed assumptions (e.g., regarding
demographic trends); (iii) Data errors, including errors in mapping, vegetative types
and natural features described in volume 1 of the plan; (iv) New issues; (v)
Recognition of a need for additional detail or comprehensiveness; or (vi) Data
updates.
7. The Key Largo Community Master Plan Consensus Goal 1 directs future growth to
lands that are most suitable for development and encourage preservation of
environmentally sensitive lands. The proposed FLUM amendment is consistent with
Goal 1.
8. The Key Largo Community Master Plan Consensus Goal 6 encourages
redevelopment and infill development that supports and enhances the tourists -bases
economy of the planning area. The proposed FLUM amendment is consistent with
Goal 6.
9. The Key Largo Community Master Plan Consensus Goal 10 provides adequate public
facilities to serve the existing and future needs of the planning area. The proposed
FLUM amendment is consistent with Goal 10.
10. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan shall regulate
future development and redevelopment to maintain the character of the community
and protect the natural resources by providing for the compatible distribution of land
uses consistent with the designations shown on the Future Land Use Map.
11. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states the
principal purpose of the Mixed Use :' Commercial land use district 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. Employee housing and
commercial apartments are also permitted.
12. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character.
13. MCC Sec. 9.5-511(a) maintains that map amendments are not intended to relieve
particular hardships, nor to confer special privileges or rights on any person, nor to
permit a change in community character, as analyzed in Monroe County Year 2010
Comprehensive Plan, but only to make necessary adjustments in light of changed
conditions.
14. The proposed amendment meets the criteria set forth in MCC Section 9.5-511(b) that
in no event shall an amendment be approved which will result in an adverse
community change of the planning area in which the proposed development is
located.
15. The proposed map amendment meets one (1) of the factors set forth in MCC Sec. 9.5-
511(d)(5)b — (i) changed projections and (v) Recognition of a need for additional
detail or comprehensiveness.
16. The proposed map amendment is consistent with the Key Largo Community Master
Plan Consensus Goals 1: Direct future growth to lands that are most suitable for
development and encourage preservation of environmentally sensitive lands; Goal 6:
Encourage redevelopment and infill development that supports and enhances the
tourists -bases economy of the planning area and Goal 10: Provide adequate public
facilities to serve the existing and future needs of the planning area.
17. The proposed map amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
WHEREAS, Planning and Environmental Resources Department Staff has found that all
of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 18, 2008 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, which is currently designated Residential Medium
(RM) shall be designated Mixed Use 1" Commercial (MC) as shown on the attached maps, which
are hereby incorporated by reference and attached as Exhibits 1 and 2.
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 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 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 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 approving the ordinance.
This space left blank intentionally.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 26th day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
IM
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor George Neugent
01
2%Z
EY
Exhibit 1 To Ordinance# -2009
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The Monroe City Future Land Use Map is amended
as indcated above.
Proposal; Future Land Use dww of RE 0053817O-000000, 005381 000
and 00538190-M000O from Residential Meftm f RM? to
Mixed LWCommerdal (MC)
d
6
El