Item B2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 26, 2009
Bulk Item: Yes No X
AGENDA ITEM WORDING:
Division: Growth Management
Department: Planning & Environmental Resource
Staff Contact Person: Kathy Grasser. Comprehensive Planner
A public hearing to consider transmittal of a resolution to the DCA at the request of the Lloyd A. Good,
Jr. proposing an ordinance to amend a portion of the subject properties' Future Land Use Map (PLUM)
designation from Residential Conservation (RC) to Mixed Use / Commercial (MC).
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on December 16, 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: NiA
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A BUDGETED: Yes No NIA
COST TO COUNTY: NIA SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney _ _ _ OMB r Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
Monroe County Board of County Commissioners
Andrew O. Trivette, Growth Management Director
Townsley Schwab, Acting Director of Env. & Planning Resources
Kathy Grasser, Comprehensive Plannert111\
.January 5, 2009
Subject: Request for Amendment to the Future Land Use Map for portions of 17001 &
17075 Overseas Highway, Sugarloaf Key, Florida 33042, Mile Marker 17, Real
Estate Numbers: 00117930.000000 and 00118420.000000
Meeting: January 26, 2009
I. REQUEST
A request by Lloyd A. Good, Jr. to amend the future land use map (FLUM) designation from
Residential Conservation (RC) to Mixed Use / Commercial (MC). Only a portion of the two
(2) parcels are being proposed for the FLUM amendment.
Lloyd A. Good, Jr.
M28098
EXISTING FUTURE LAND USE
Page 1 of 10
Reviewed by
BOCC: January 26, 2009
=I
1 A. Address: 17001 & 17075 Overseas Highway, Sugarloaf Key, Florida, Mile Marker 17
2 B. Real Estate Number(s): 00118420.000000 & 00117930.000000
3 C. Legal Description:
4 . RE 00118420.000000: Section 3 Township 67 Range 27 Y67703-03 Sugarloaf
5 Key PT Lot 3 & PT Lot 4
6 . RE 00117930.000000: Section 34 Township 66 Range 27 Y66734-02 Sugarloaf
7 Key PT Lot 3
8 D. Applicant/Petitioner: Lloyd A. Good, Jr.
9 E. Property Owner. Lloyd A. Good, Jr.
10
11 II. RELEVANT PRIOR COUNTY ACTIONS
12 None.
13
14 III. BACKGROUND INFORMATION
15
16 A. Future Land Use Map (FLUM) Designations:
17 00118420.000000: Residential Conservation (RC) and Mixed Use / Commercial MC)
18 00117930.000000: Residential Conservation (RC) and Mixed Use / Commercial MC)
19
20 B. Size of Sites:
21 00118420.000000
22 Commercial/Highway/Water: 12.61 acres
23 Transitional Lands: 6.08 acres
24 Environmentally Sensitive Lands: jjkagres
25 Total: 26.39 acres
26
27 Requested Change_ The portion of real estate number 00118420.000000 is the
28 triangular portion of the Residential Conservation (RC) future land use map designation
29 that is 110 feet west of Bat Tower Road near U. S. 1. This land was cleared under
30 Exotic Removal Permit number 081-1206 and 60 yards of fill was permitted under Permit
31 number 081-1856. This area is cleared and scarified at the present time.
32
33
34 00117930.000000
35 Environmentally Sensitive: 15.61 Acres
36
37 Requested Change: The easternmost portion of the parcel (RE #: 00117930.000000)
38 consists of a strip of land located behind (north of) the fire station parcel. This strip tapers
39 from a width of about 50 feet at its western end to a point at the eastern end, with an
40 upland area consisting of approximately twenty 20 feet of width, which abuts a wide
41 mangrove fringe to its north. The upland area falls entirely within the shoreline setback.
42 The open space requirement of the mangrove area remains at 100%.
43
44
Lloyd A. Good, Jr. Page 2 of 10 Reviewed by
M28098 BOCC: January 26, 2009
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*Only a portion of the two (2) parcels are being considered for the proposed FLUM
amendment.
C. Tier Designation:
00118420.000000:
00117930.000000:
D. Flood Zone:
00118420.000000:
00117930.000000:
Tier 1 and Tier 3
Tier 1
AE, VE (EL 12)
AE
E. Existing Use:
Hotel, restaurant, marina, bank, real estate office, gas station, convenience store
F. Existing Vegetation / Habitat:
00118420.000000: Partially developed, Mangrove wetlands
00117930.000000: Partially developed, Mangroves
G. Community Character of Immediate Vicinity:
This is a mixed -use development, consisting of a motel, restaurant, marina, bank, real
estate office, gas station, convenience store, post office and a fire -station. The parcels
north, east, and west of the subject property are open space. Across U.S. 1 is single
family residential housing.
IV. REVIEW OF APPLICATION
A. Consistency of the proposed amendment with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan
that directly pertain to the proposed amendments include:
• 3.1: Future Land Use
Goal 101: Monroe County shall manage future growth to enhance the quality of life,
ensure the safety of County residents and visitors, and protect valuable natural
resources.
Objective 101.4: Monroe County 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.
Lloyd A. Good, Jr.
M28098
Page 3 of 10
Reviewed by _
BOCC: January 26, 2009
I Policy 101.4.1: The principal purpose of the Residential Conservation (RC) land use
2 category is to encourage preservation of open space and natural resources while
3 providing for very low -density residential development in areas characterized by a
4 predominance of undisturbed native vegetation. Low -intensity public uses and
5 utilities are also allowed. In addition, Monroe County shall adopt Land Development
6 Regulations which allow any other nonresidential use that was listed as a permitted
7 use in the Land Development Regulations that was in effect immediately prior to the
8 institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully
9 existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or
10 substantially improve provided that the use is limited in intensity, floor area, density
11 and to the type of use that existed on January 4, 1996 or limit to what the pre-2010
12 LDR's allowed, whichever is more restricted. Maximum permitted densities shall be
13 based upon the results of the habitat analysis required by Division 8 of the Monroe
14 County Land Development Regulations, as amended. [9J-5.006(3)(c) 1 and 7]
15
16 Policy 101.4.5: The principal purpose of the Mixed Use / Commercial (MC) land use
17 category is to provide for the establishment of commercial zoning districts where
18 various types of commercial retail and office may be permitted at intensities which
19 are consistent with the community character and the natural environment. Employee
20 housing and commercial apartments are also permitted.
21 This land use category is also intended to allow for the establishment of mixed use
22 development patterns, where appropriate. Various types of residential and non-
23 residential uses may be permitted; however, heavy industrial uses and similarly
24 incompatible uses shall be prohibited.
25
26 In order to protect environmentally sensitive lands, the following development
27 controls shall apply to all hammocks, pinelands, and disturbed wetlands within this
28 land use category:
29 1. Only low intensity commercial uses shall be allowed;
30 2. A maximum floor area ratio of 0.10 shall apply; and
31 3. Maximum net residential density shall be zero.
32
33 Staff has determined the proposed FLUM amendment is consistent with the year 2010
34 Comprehensive Plan.
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38 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of
39 the Monroe County Code, Land Development Regulations:
40
41 In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC has used criteria specified
42 therein for the adoption of an ordinance enacting the proposed change based on one (1) or
43 more of the following factors:
44
Lloyd A. Good, Jr. Page 4 of 10 Reviewed by
M28098 BOCC: January 26, 2009
I i. Changed projections (e.g., regarding public service needs) from those on which the
2 text or boundary was based;
3
4 Applicant: None
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6 Staff.- None
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8 ii. Changed assumptions (e.g., regarding demographic trends);
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10 Applicant: None.
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12 Staff.- None
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14 iii. Data errors, including errors in mapping, vegetative types and natural features
15 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
16
17 Applicant: Any portion of the area RE 00118420-000000 zoned as NA should have
18 originally been DR. This area is NA should now be MU.
19
20 Staff. Not applicable.
21
22 iv. New issues:
23
24 Applicant: None.
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26 Staff: None
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28 v. Recognition of a need for additional detail or comprehensiveness;
29
30 Applicant: The use of the area as a bank or real estate office or tire repair shop is
31 nonconforming in the DR zone but not in the MU zone.
32
33 Staff: A letter from Aref Joulani, Senior Director of Planning and Environmental
34 Resources stated in an August 9, 2006 Letter of Development Rights Determination
35 "Pre-1986 zoning indicates Real Estate number 00118420.000000 was divided within
36 four (4) zoning districts: Residential Tourist (RU-7), Light Business (BU-1),
37 Medium Business (BU-2) and General Use (GU)."
38
39 The portion of real estate number 00118420.000000 is the triangular portion of the
40 Residential Conservation (RC) future land use map designation that is 110 feet west
41 of Bat Tower Road near U. S. 1. This land was cleared under Exotic Removal
42 Permit number 081-1206 and 60 yards of fill was permitted under Permit number
43 081-1856. This area is cleared and scarified at the present time.
44
Lloyd A. Good, Jr. Page 5 of 10 Reviewed by _
M28098 BOCC: January 26, 2009
I Real Estate number 00117930.000000 was originally zoned General Use (GU) in
2 1985.
3
4 Ralph Gouldy, Sr. Administrator Environmental Services of the Planning and
5 Environmental Resources Department determined that the easternmost portion of the
6 parcel consists of a strip of land located behind (north of) the fire station parcel. This
7 strip tapers from a width of about 50 feet at it's western end to a point at the eastern
8 end, with an upland area consisting of approximately twenty 20 feet of width, which
9 abuts a wide mangrove fringe to its north. The upland area falls entirely within the
10 shoreline setback. The open space requirement of the mangrove area remains at
11 100%.
12
13 The two (2) areas were zoned prior to 1986 as a General Use District and a Business
14 Use District.
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16 The proposed change will unify the upland scarified portions of the parcels under the
17 same FLUM designation.
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19 Staff has determined that the proposed map amendment is in accordance with MCC
20 Section 9.5-511(d)(5)b(v) Recognition of a need for additional detail or
21 comprehensiveness;.
22
23 vi. Data updates:
24
25 Applicant: This property has traditionally been used for the uses permitted in a mixed
26 use zone as distinguished from the DR zone.
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28 Staff. Not applicable.
29
30 Staff has determined that the proposed FLUM amendment is consistent with the
31 following provision and intent of Sec. 9.5-511(d)(5)b of the Monroe County Code,
32 Land Development Regulations: (vi) Recognition of a need for additional detail or
33 comprehensiveness.
34
35 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
36 Critical State Concern pursuant to F.S. Chapter 380.0552(7) For the purposes of
37 reviewing consistency of the adopted plan or any amendments to that plan with the
38 principles for guiding development and any amendments to the principles, the principles
39 shall be construed as a whole and no specific provision shall be construed or applied in
40 isolation from the other provisions.
41
42 (a) To strengthen local government capabilities for managing land use and
43 development so that local government is able to achieve these objectives without the
44 continuation of the area of critical state concern designation.
Lloyd A. Good, Jr. Page 6 of 10 Reviewed by
M28098 BOCC: January 26, 2009
I
(b) To protect shoreline and marine resources, including mangroves, coral reef
2
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
3
(c) To protect upland resources, tropical biological communities, freshwater wetlands,
4
native tropical vegetation (for example, hardwood hammocks and pinelands), dune
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ridges and beaches, wildlife, and their habitat.
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(d) To ensure the maximum well-being of the Florida Keys and its citizens through
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sound economic development.
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(e) To limit the adverse impacts of development on the quality of water throughout
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the Florida Keys.
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(f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
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environment, and ensure that development is compatible with the unique historic
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character of the Florida Keys.
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(g) To protect the historical heritage of the Florida Keys.
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(h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
15
and proposed major public investments, including:
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1. The Florida Keys Aqueduct and water supply facilities;
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2. Sewage collection and disposal facilities;
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3. Solid waste collection and disposal facilities;
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4. Key West Naval Air Station and other military facilities;
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5. Transportation facilities;
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6. Federal parks, wildlife refuges, and marine sanctuaries;
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7. State parks, recreation facilities, aquatic preserves, and other publicly owned
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properties;
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8. City electric service and the Florida Keys Electric Co-op; and
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9. Other utilities, as appropriate.
26 (i) To limit the adverse impacts of public investments on the environmental resources
27 of the Florida Keys.
28 0) To make available adequate affordable housing for all sectors of the population of
29 the Florida Keys.
30 (k) To provide adequate alternatives for the protection of public safety and welfare in
31 the event of a natural or manmade disaster and for a post disaster reconstruction plan.
32 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys
33 and maintain the Florida Keys as a unique Florida resource.
34 Staff Staff finds proposed FLUM amendment consistent with the Principles for Guiding
35 Development as a whole and not inconsistent with any one principle.
36
37 D. Impact on Community Character:
38
39 "In no event shall an amendment be approved which will result in an adverse community
40 change of the planning area in which the proposed development is located."
Lloyd A. Good, Jr. Page 7 of 10 Reviewed by _
M28098 BOCC: January 26, 2009
2 Applicant: The uses proposed for the mixed use zone are consistent with the uses the
3 area has had for over forty years.
4
5 MCC Section 9.5-511 maintains the proposed FLUM amendment may not permit an
6 adverse change in community character. Staff has determined the proposed future land
7 use map designation to MC will not adversely change community character based on the
8 following analysis:
9
10 (a) Local Use Compatibility
11 Parcels surrounding the subject parcels have FLUM designations of RL, RC, MC
12 and PF. Staff has determined the proposed FLUM designation of MC is
13 compatible with the surrounding land uses.
14
15 (b) Density and Intensity
16 Currently, the FLUM of RC supports 0.25 dwelling units per acre, five (5)
17 dwelling units at maximum net density per buildable acre and a commercial floor
18 area ratio of 0.10.
19
20 The proposed FLUM amendment of MC supports up to six (6) dwelling units per
21 acre, a maximum net density of eighteen (18) dwelling units per acre with a
22 commercial floor area ratio of 0.10 to 0.45, fifteen (15) rooms per acre and up to
23 25 rooms per buildable acre.
24
25 (c) Local Traffic and Parking
26 Local roads are already in place and have been well maintained. Adverse impacts
27 on the existing road conditions are not expected to change if the FLUM
28 designation changes from Residential High (RC) to Mixed Use ' Commercial
29 (MC).
30
31 (d) Effect on Natural Resources
32 The subject areas consist of scarified land. The proposed FLUM amendment will
33 not affect natural resources.
34
35 (e) Effects on Public Facilities
36 Objective 10 1. 11 of the Monroe County Year 2010 Comprehensive Plan requires
37 the County to direct future growth away from environmentally sensitive land and
38 towards established development areas served by existing public facilities. The
39 proposed FLUM amendment will not affect Objective 10 1. 11 and will encourage
40 commercial development to remain on disturbed lands rather than encroaching on
41 environmentally sensitive area.
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Lloyd A. Good, Jr. Page 8 of 10 Reviewed by
M28098 BOCC: January 26, 2009
1 (f) Traffic Circulation
2 U.S. Highway No. 1 is required to maintain a level of service (LOS) of "C" in
3 order to support additional development. The 2007 U. S. I Arterial Travel Time
4 and Delay Study for Monroe County indicates a LOS of "C" from Harris Channel
5 Bridge to Bow Channel Bridge (MM 16.5 to MM 20.5). The proposed FLUM
6 amendment may affect traffic circulation, but not significantly.
7
8 (g) Solid Waste
9 Monroe County has a solid waste haul out contract with Waste Management LLC,
10 which authorizes the use of in -state facilities through September 20, 2016, thereby
I providing the County with approximately ten (10) years of guaranteed capacity.
12 The FLUM amendment may affect solid waste, but not significantly.
13
14 (h) Potable Water
15 In 2002, South Florida Water Management District approved an increase in
16 Florida. Keys Aqueduct Authority's Water Use Permit. Monroe County's Public
17 Facilities Capacity Assessment Report indicates there are over 100 gallons of
18 water available per person per day. The 100 gallons per person per day standard
19 is commonly accepted as appropriate and is reflected in Policy 701.1.1 of the
20 Monroe County Year 2010 Comprehensive Plan. The proposed FLUM
21 amendment may affect potable water, but not significantly.
22
23 (i) Stormwater
24 MCC Section 9.5-293 requires that all developments retain stormwater on site
25 following Best Management Practices (BMP's).
26
27 (j) Effects on Redevelopment:'Infill Potential:
28 The portion of the parcels of the proposed FLUM amendment has a 100% open
29 space requirement because of the existing mangroves.
30
31 Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan directs
32 the County to encourage infill development where existing lands are already
33 substantially developed, served by complete infrastructure facilities and within
34 close proximity to established commercial areas and have few sensitive or
35 significant environmental features.
36
37 The proposed FLUM amendment will not adversely affect Objective 102.3.1 and
38 will encourage infill development to remain on already existing developed land.
39
40 V. FINDINGS OF FACT AND CONCLUSIONS OF LAW
41
42 1. A portion of the subject parcel (RE # 00117930.000000) contains upland.
43
44 2. A portion of the subject parcel (RE# 00118420.000000) is cleared and scarified at the
45 present time.
Lloyd A. Good, Jr. Page 9 of 10 Reviewed by
M28098 BOCC: January 26, 2009
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3. At one time, the subject parcels might have been in the Mixed Use / Commercial (MC)
Future Land Use designation.
4. The subject parcels were given the FLUM designation of RC in 1997 when the FLUM
was adopted.
5. The proposed FLUM amendment is in accordance with the following provisions and
intent of Sec. 9.5-511(d)(5)b of the Monroe County Code, Land Development
Regulations: (vi) Recognition of a need for additional detail or comprehensiveness.
6. Parcels surrounding the subject parcel have FLUM designations of RL, RC, MC, PF and
INS.
7. Changing the FLUM designation from RC to MC will not constitute a change in
community character.
8. The proposed FLUM designation to MC is compatible with the surrounding land uses.
9. The proposed FLUM designation to MC will not be affected by the working waterfront
IDO.
VI. RECOMMENDATION:
Staff recommends APPROVAL to the Monroe County Board of County Commissioners.
Lloyd A. Good, Jr.
M28098
Page 10 of 10
Reviewed by
BOCC: January 26, 2009
BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2009
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING A PROPOSED
ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN APPROVING A REQUEST FROM
LLOYD A. GOOD, JR., TO AMEND THE FUTURE LAND USE MAP
DESIGNATION FROM RESIDENTIAL CONSERVATION (RC) TO
MIXED USE 1 COMMERCIAL (MC) FOR A PORTION OF
PROPERTY LEGALLY DESCRIBED AS SECTION 3 TOWNSHIP 67
RANGE 27 Y67703-03 SUGARLOAF KEY PT LOT 3 & PT LOT 4
HAVING REAL ESTATE NUMBER 00118420.000000 AND A
PORTION OF SECTION 34 TOWNSHIP 66 RANGE 27 Y66734-02
SUGARLOAF KEY, PT LOT 3 HAVING REAL ESTATE NUMBER
00117930.000000
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; and
NOW THERFORE, 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 recommendation of
the Planning Commission to transmit 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 first (0) set of comprehensive plan amendments for 2009 to the
Florida Department of Community Affairs 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 special meeting held on the 26t' 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
m
(SEAL)
Mayor George Neugent
ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY ATTORNEY
APPROVE? S TO FORM
DEPUTY CLERK
BOCC ORDINANCE
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST
FROM LLOYD A. GOOD, JR., TO AMEND THE FUTURE
LAND USE MAP DESIGNATION FROM RESIDENTIAL
CONSERVATION (RC) TO MIXED USE / COMMERCIAL (MC)
FOR A PORTION OF PROPERTY LEGALLY DESCRIBED AS
SECTION 3 TOWNSHIP 67 RANGE 27 Y67703-03
SUGARLOAF KEY PT LOT 3 & PT LOT 4 HAVING REAL
ESTATE NUMBER 00118420.000000 AND A PORTION OF
SECTION 34 TOWNSHIP 66 RANGE 27 Y66734-02
SUGARLOAF KEY, PT LOT 3 HAVING REAL ESTATE
NUMBER 00117930.000000
WHEREAS, during a special scheduled public meeting held on January 26, 2009, the
Monroe County Board of County Commissioners conducted a review and consideration of a
request filed by Lloyd A. Good, Jr., to amend the subject's property Future Land Use Map
(FLUM) designation from Residential Conservation (RC) to Mixed Use 1 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 17001 & 17075 Overseas Highway,
Sugarloaf Key, Florida, Mile Marker 17 and is legally described as Section 3 Township 67
Range 27 Y67703-03 Sugarloaf Key PT Lot 3 & PT Lot 4 having real estate number
00118420.000000 and Section 34 Township 66 Range 27 Y66734-02 Sugarloaf Key PT Lot 3
having real estate number 00117930.000000; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
1. Goal 101: Monroe County shall manage future growth to enhance the quality of life,
ensure the safety of County residents and visitors, and protect valuable natural
resources.
2. Objective 101.4: Monroe County 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.
3. Policy 101.4.1: The principal purpose of the Residential Conservation (RC) land use
category is to encourage preservation of open space and natural resources while
providing for very low -density residential development in areas characterized by a
predominance of undisturbed native vegetation. Low -intensity public uses and
utilities are also allowed. In addition, Monroe County shall adopt Land Development
Regulations which allow any other nonresidential use that was listed as a permitted
use in the Land Development Regulations that was in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully
existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or
substantially improve provided that the use is limited in intensity, floor area, density
and to the type of use that existed on January 4, 1996 or limit to what the pre-2010
LDR's allowed, whichever is more restricted. Maximum permitted densities shall be
based upon the results of the habitat analysis required by Division 8 of the Monroe
County Land Development Regulations, as amended. [9J-5.006(3)(c) 1 and 7]
4. Policy 101.4.5: 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. Employee
housing and commercial apartments are also permitted.
This land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and non-
residential uses may be permitted; however, heavy industrial uses and similarly
incompatible uses shall be prohibited.
In order to protect environmentally sensitive lands, the following development
controls shall apply to all hammocks, pinelands, and disturbed wetlands within this
land use category:
1. Only low intensity commercial uses shall be allowed;
2. A maximum floor area ratio of 0.10 shall apply; and
3. Maximum net residential density shall be zero.
5. 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
6. The proposed map amendment meets one (1) of the factors set forth in MCC Sec. 9.5-
511(d)(5)b — (vi) Recognition of a need for additional detail or comprehensiveness.
7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with any one principle.
8. The portion of real estate number 00118420.000000 is the triangular portion of the
Residential Conservation (RC) future land use map designation that is 110 feet west
of Bat Tower Road near U. S. 1. This land was cleared under Exotic Removal
Permit number 081-1206 and 60 yards of fill was permitted under Permit number
081-1856. This area is cleared and scarified at the present time.
9. The easternmost portion real estate number 00117930.000000 consists of a strip of
land located behind (north of) the fire station parcel. This strip tapers from a width of
about 50 feet at its western end to a point at the eastern end, with an upland area
consisting of approximately twenty 20 feet of width, which abuts a wide mangrove
fringe to its north. The upland area falls entirely within the shoreline setback. The
open space requirement of the mangrove area remains at 100%.
10. Changing the FLUM designation from RC to MC will not constitute a change in
community character.
11. The subject parcels were given the FLUM designation of RC in 1997 when the
FLUM was adopted.
12. Parcels surrounding the subject parcel have FLUM designations of RL, RC, MC, PF
and INS.
13. The proposed FLUM designation to MC will not be affected by the working
waterfront IDO.
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on December 16, 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
Conservation (RC) shall be designated Mixed Use l Commercial (MC) as shown on the attached
maps, which are hereby incorporated by reference and attached as Exhibits 1 and 2.
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 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 26t' day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor George Neugent
TTORNEY
0 FORM
P
Date:
e-
Exhibit 1 to Ordinance# -2008
00117930-000000
PROPdSEi]
The Monroe County Future Land Use Map is amended
as indicated above.
PrMosal: Future Land Use mange for portions of RE 00118420-DOMM and
0011M04MOO from Residential Conservation (RC) to
Mixed UsVCommerical (N4C)
Y
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MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Andrew Trivette, Director of Growth Management,
Townsley Schwab, Acting Director of Planning and
Environmental Department
Susan Grimsley, Monroe County Attorney
Mitch Harvey, Comprehensive Planning Manager
From: Ralph Gouldy, Sr. Admin. Environmental Resources
Kathy Grasser, Comprehensive Planner
Date: January 26, 2009
RE: RE # 00117930.000000-Proposed FLUM Change Request
Residential Conservation to Mixed Use / Commercial (MC)
The applicant is requesting to change the FLUM associated with two small pieces of two
individual larger parcels. The first piece is located 110 feet west of Bat Tower Road.
The second piece is located behind the Sugarloaf fire station. After further analysis of the
proposed FLUM changes and in consideration of the ongoing error correction of the
Monroe County FLUM maps, Staff has concluded that the piece just behind the fire
station does not require change as the FLUM is currently consistent with the applicant's
request.
MM