Item B3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 2. 2009 Division: Growth Management
Bulk Item: Yes_ No X- Department: Planning & Environmental Resource
Staff Contact: Andrew O. Trivette. Growth Management Director
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County Board of County Conunissioners
approving the request by Lloyd A. Good, Jr. to amend the Future Land Use Map (FLUM) designation from
Residential Conservation (RC) to Mixed Use / Commercial (MC) for a portion of property legally described
as Section 3 Township 67 Range 27 Sugarloaf Key Pt Lot 3 & Pt Lot 4 having Real Estate Number
00118420.000000.
ITEM BACKGROUND:
This item is part of the 09-01 Monroe County Comprehensive Plan Amendment package. The package was
transmitted to the DCA in January. Staff received the Department's Objections, Recommendations and
Comments report for the package. The DCA provided no objections, recommendations or comments
regarding this item.
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:
On January 26, 2009, the BOCC approved a transmittal of a resolution to the DCA at the request of Lloyd
A. Good, Jr., proposing an ordinance to amend a portion of the subject's property's Future Land Use Map
(FL UM) designation from Residential Conservation (RC) to Mixed Use / Commercial (MC).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes _ No J:1/.A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No N/A AMOUNT PER MONm: N/A Year_
APPROVED BY: County Attorney _ OMB / Purchasing_ Risk Management _
DOCUMENTATION: Included ---X- Not Required_
DISPOSITION: AGENDA ITEM # B. ~
1
1
2
3 MEMORANDUM
4 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
5 We strive to be caring, professional andfair
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Andrew O. Trivette, Growth Management Director
10 Townsley Schwab, Acting Director of Env. & Planning Resources
11
12 From: Kathy Grasser, Comprehensive Planner
13
14 Date: May 26, 2009
15
16 Subject: Request for Amendment to the Future Land Use Map by Mr. Lloyd A. Good,
17 Jr's, for a portion of 17075 Overseas Highway, SugarloafKey, Florida 33042,
18 Mile Marker 17, Real Estate Number 00118420.000000
19
20 Meeting: June 2, 2009
21
22 I. REQUEST
23
24 The proposed FLUM amendment from Residential Conservation (RC) land use designation
25 to Mixed Use I Commercial (MC) land use designation for real estate number
26 00118420.000000 is only for the triangular portion located 110 feet west of Bat Tower Road
27 near U. S. 1. The requested change is 375.79 fr. This land was cleared under Exotic
28 Removal Permit number 081-1206 and 60 yards of fill was permitted under Permit #081-
29 1856. This area is cleared and scarified at the present time.
30 Total acreage proposed FLUM
31 amendment: 375.79tt2
32 Mile Marker 17
33 Sugarloaf Key
34 Bat Tower Road
35
36
37 I 00118420.000000 I
38
39
40
41
42
43 NORTH
44
Lloyd A. Good, Jr. Page 1 of 10 Reviewed by
M28098 BOeC: June 2, 2009
1 A. Address: 17075 Overseas Highway, SugarloafKey, Florida, Mile Marker 17
2 B. Real Estate Number(s): 00118420.000000
3 C. Legal Description: Section 3 Township 67 Range 27 Y67703-03 Sugarloaf Key PT Lot
4 3 & PT Lot 4
5 D. Applicant/Petitioner: Lloyd A. Good, Jr.
6 E. Property Owner: Lloyd A. Good, Jr.
7
8 II. PROCESS
9
10 Amendments may be proposed by the Board of County Commissioners (BOCC), the
11 Planning Commission, the Director of Planning, or the owner or other person having a
12 contractual interest in property to be affected by a proposed amendment. The Director of
13 Planning shall review and process map amendment applications as they are received and pass
14 them on to the Development Review Committee and the Planning Commission for
15 recommendation and final action by the BOCC.
16
17 The Planning Commission and the BOCC shall each hold at least one public hearing on a
18 proposed amendment. The Planning Commission shall review the application, the reports
19 and recommendations of the Department of Planning & Environmental Resources and the
20 Development Review Committee, and the testimony given at the public hearing, and shall
21 submit its recommendations and fmdings to the BOCC. The BOCC shall consider the report
22 and recommendation of and the testimony given at the public hearings and may either deny
23 the application or adopt a resolution upon transmitting the proposed amendment to the DCA.
24 Ordinances are then reviewed by the Florida Department of Community Affairs and returned
25 to the County with objections, recommendations and comments to be considered prior to
26 adoption of the ordinance. Then, an adoption hearing is scheduled for the BOCC. There
27 were no objections, recommendations or comments from the DCA regarding this
28 amendment.
29
30 III. RELEV ANT PRIOR COUNTY ACTIONS
31 On January 26, 2009, the BOCC approved the transmittal of a resolution to the DCA at the
32 request of Lloyd A. Good, Jr., proposing an ordinance to amend a portion of the subject's
33 property's Future Land Use Map (FLUM) designation from Residential Conservation (RC)
34 to Mixed Use / Commercial (MC).
35
36 On December 16, 2008, The Planning Commission held a public hearing in Marathon.
37 Based on the facts presented at the meeting, the Planning Commission recommended
38 approval of the Future Land Use Map amendment application to the Board of County
39 Commissioners.
40
41 IV. BACKGROUND INFORMATION
42
43 A. Future Land Use Map (FLUM) Designations:
44 00118420.000000: Residential Conservation (RC) and Mixed Use / Commercial MC)
45
Lloyd A. Good, Jr. Page 2 of 10 Reviewed by
M28098 BOCC: June 2, 2009
1 B. Total Size of Parcel:
2 Commercial/Highway/W ater: 12.61 acres
3 Transitional Lands: 6.08 acres
4 Environmentally Sensitive Lands: 7.70 acres
5 Total: 26.39 acres
6
7 The total size of the proposed FLUM change being amended is 375.79 W.
8
9 C. Tier Designation: Tier 1 and Tier 3
10
11 D. Flood Zone: AE, VE (EL 12)
12
13 E. Existing Use:
14 Hotel, restaurant, marina, bank, real estate office, gas station, convenience store
15
16 F. Existing Vegetation / Habitat: Partially developed, Mangrove wetlands
17
18 G. Community Character of Immediate Vicinity:
19 This is a mixed~use development, consisting of a motel, restaurant, marina, bank, real
20 estate office, gas station, convenience store, post office and a fire-station. The parcels
21 north, east, and west of the subject property are open space. Across U. S. 1 is single
22 family residential housing.
23
24 IV. REVIEW OF APPLICATION
25
26 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
27 County Year 2010 Comprehensive Plan.'
28
29 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan
30 that directly pertain to the proposed amendments include:
31
32 Goal 101 manages future growth to enhance the quality of life. Objective 101.4 maintains
33 the community character and protects natural resources by regulating future development and
34 redevelopment. Policy 101.4.5 establishes the Mixed Use / Commercial FLUM criteria. The
35 area of the proposed FLUM amendment is cleared.
36
37 1. Goal 101: Monroe County shall manage future growth to enhance the quality of life,
38 ensure the safety of County residents and visitors, and protect valuable natural
39 resources. [9J-5.006(3)a]
40
41 2. Objective 101.4: Monroe County shall regulate future development and
42 redevelopment to maintain the character of the community and protect the natural
43 resources by providing for the compatible distribution of land uses consistent with the
44 designations shown on the Future Land Use Map.
45
Lloyd A. Good, Jr. Page 3 of 10 Reviewed by
M28098 BOCC: June 2, 2009
1 3. Policy 101.4.5: The principal purpose of the Mixed Use / Commercial (MC) land use
2 category is to provide for the establishment of commercial zoning districts where
3 various types of commercial retail and office may be permitted at intensities which
4 are consistent with the community character and the natural environment. Employee
5 housing and commercial apartments are also permitted.
6
7 B. Consistency of the proposed amendment with the provisions and intent of Chapters 101-
8 146 of the Land Development Regulations of Monroe County (!'he proposed FLUM
9 amendment is not included in the Land Development Code):
10
11 i. Changed projections (e.g., regarding public service needs) from those on which the
12 text or boundary was based;
13
14 Applicant: None
15
16 Staff: None
17
18 ii. Changed assumptions (e.g., regarding demographic trends);
19
20 Applicant: None.
21
22 Staff: None
23
24 Hi. Data errors, including errors in mapping, vegetative types and natural features
25 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
26
27 Applicant: Any portion of the area RE 00118420-000000 zoned as NA should have
28 originally been DR. This area is NA should now be MU.
29
30 Staff: Not applicable.
31
32 iv. New issues:
33
34 Applicant: None.
35
36 Staff: None
37
38 v. Recognition of a need for additional detail or comprehensiveness;
39
40 Applicant: The use of the area as a bank or real estate office or tire repair shop is
41 nonconforming in the DR zone but not in the MU zone.
42
43 Staff: The portion of real estate number 00118420.000000 is the triangular portion of
44 the Residential Conservation (RC) future land use map designation that is 110 feet
45 west of Bat Tower Road near U. S. 1. This land was cleared under Exotic Removal
Lloyd A. Good, Jr. Page 4 of 10 Reviewed by
M28098 Hoec: June 2, 2009
1 Permit number 081-1206 and 60 yards of fill was permitted under Permit number
2 081-1856. This area is cleared and scarified at the present time.
3
4 A letter from Aref J oulani, Senior Director of Planning and Environmental Resources
5 stated in an August 9, 2006 Letter of Development Rights Determination "Pre-1986
6 zoning indicates Real Estate number 00118420.000000 was divided within four (4)
7 zoning districts: Residential Tourist (RU-7), Light Business (BU-l), Medium
8 Business (BU-2) and General Use (GU)."
9
10 The area was zoned prior to 1986 as a General Use District and a Business Use
11 District.
12
13 The proposed change will unify the upland scarified portions of the parcel under the
14 same FLUM designation.
15
16 Staff has determined that the proposed map amendment is in accordance with MCC
17 Section 102-158(d)(5)b(v) Recognition of a need for additional detail or
18 comprehensiveness.
19
20 vi. Data updates:
21
22 Applicant: This property has traditionally been used for the uses permitted in a mixed
23 use zone as distinguished from the DR zone.
24
25 Staff: Not applicable.
26
27 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
28 Critical State Concern pursuant to F.S. Chapter 380.0552(7) For the purposes of
29 reviewing consistency of the adopted plan or any amendments to that plan with the
30 principles for guiding development and any amendments to the principles, the principles
31 shall be construed as a whole and no specific provision shall be construed or applied in
32 isolation from the other provisions.
33 (a) To strengthen local government capabilities for managing land use and
34 development so that local government is able to achieve these objectives without the
35 continuation of the area of critical state concern designation.
36 (b) To protect shoreline and marine resources, including mangroves, coral reef
37 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
38 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
39 native tropical vegetation (for example, hardwood hammocks and pinelands), dune
40 ridges and beaches, wildlife, and their habitat.
41 (d) To ensure the maximum well-being of the Florida Keys and its citizens through
42 sound economic development.
Lloyd A. Good, Jr. Page 5 of 10 Reviewed by
M28098 BOCC: June 2, 2009
1 (e) To limit the adverse impacts of development on the quality of water throughout
2 the Florida Keys.
3 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
4 environment, and ensure that development is compatible with the unique historic
5 character of the Florida Keys.
6 (g) To protect the historical heritage of the Florida Keys.
7 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
8 and proposed major public investments, including:
9 1. The Florida Keys Aqueduct and water supply facilities;
10 2. Sewage collection and disposal facilities;
11 3. Solid waste collection and disposal facilities;
12 4. Key West Naval Air Station and other military facilities;
13 5. Transportation facilities;
14 6. Federal parks, wildlife refuges, and marine sanctuaries;
15 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
16 properties;
17 8. City electric service and the Florida Keys Electric Co-op; and
18 9. Other utilities, as appropriate.
19 (i) To limit the adverse impacts of public investments on the environmental resources
20 of the Florida Keys.
21 G) To make available adequate affordable housing for all sectors of the population of
22 the Florida Keys.
23 (k) To provide adequate alternatives for the protection of public safety and welfare in
24 the event of a natural or manmade disaster and for a post disaster reconstruction plan.
25 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys
26 and maintain the Florida Keys as a unique Florida resource.
27 Staff: The proposed area is cleared and scarified and will not significantly affect natural
28 resources. Staff finds proposed FLUM amendment consistent with the Principles for
29 Guiding Development as a whole and not inconsistent with anyone principle.
30
31 D. Impact on Community Character:
32 "In no event shall an amendment be approved which will result in an adverse community
33 change of the planning area in which the proposed development is located."
34
35 MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
36 adverse change in community character. The proposed FLUM amendment might change
37 the existing impact of the parcel and the area. However, this amendment does not
38 guarantee future development. Currently, Growth Management does not have any
39 pending applications for development on this property. When or if, Growth Management
40 receives an application, it will be addressed at that time.
41
Lloyd A. Good, Jr. Page 6 of 10 Reviewed by
M28098 BOCC: June 2, 2009
1 Staff has determined the proposed future land use map designation to Mixed Use /
2 Commercial (MC) will not adversely change community character based on the following
3 analysis:
4
5 Applicant: The uses proposed for the mixed use zone are consistent with the uses the
6 area has had for over forty years.
7
8 (a) Local Use Compatibility
9 The parcel has two future land use designations. They are Mixed Use /
10 Commercial and Recreation Conservation future land use designations. Parcels
11 surrounding the subject parcels have FLUM designations of Residential Low,
12 Residential Conservation, Mixed Use / Commercial and Public Facilities. Staff
13 has determined the proposed FLUM designation of Mixed Use / Commercial is
14 compatible with the surrounding land uses.
15
16 (b) Density and Intensity
17 Currently, the FLUM of Residential Conservation supports 0.25 dwelling units
18 per acre, five (5) dwelling units at maximum net density per buildable acre and a
19 commercial floor area ratio of 0.1 O.
20
21 The proposed FLUM amendment of Mixed Use / Commercial supports up to six
22 (6) dwelling units and between five (5) and fifteen (15) rooms / spaces per acre.
23 A maximum net density allows between six (6) to eighteen (18) dwelling units
24 and between ten (1) to twenty-five (25) rooms / spaces per buildable acre. The
25 commercial floor area ratio is 10% to 45%. The proposed FLUM amendment is
26 less than 400 ft and will have no additional impact on density/intensity.
27
28 (c) Local Traffic and Parking
29 Local roads are already in place and have been well maintained. Adverse impacts
30 on the existing road conditions are not expected to change if the FLUM
31 designation changes from Residential High (RC) to Mixed Use / Commercial
32 (MC).
33
34 (d) Effect on Natural Resources
35 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall
36 direct future growth to lands which are intrinsically most suitable for development
37 and shall encourage conservation and protection of environmentally sensitive lands.
38 Future development would be required to comply with all Monroe County Code,
39 State and Federal environmental regulations. The area is scarified. Effects on natural
40 resources are not anticipated
41
42 (e) Effects on Public Facilities
43 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires
44 the County to direct future growth away from environmentally sensitive land and
45 towards established development areas served by existing public facilities. The
Lloyd A. Good, Jr. Page 7 of 10 Reviewed by
M28098 Boec: June 2, 2009
1 proposed FLUM amendment will encourage commercial development to remain
2 on disturbed lands rather than encroaching on environmentally sensitive area.
3
4 (f) Traffic Circulation
5 U.S. Highway No.1 is required to maintain a level of service (LOS) of "C" in
6 order to support additional development. The 2008 U. S. 1 Arterial Travel Time
7 and Delay Study for Monroe County indicates a LOS of "D" on Sugarloaf Key
8 (MM 16.5 to MM 20.5). However, county regulations and FDOT policy allow
9 segments that fail to meet LOS C standards to receive a traffic allocation not to
10 exceed 5% below the LOS C standard. Sugarloaf Key meets the 5% traffic
11 allocation. The resulting flexibility will allow a limited amount of additional land
12 development to continue until traffic speeds are measured again next year or until
13 remedial actions are implemented. These segments are candidates for being
14 designated either "backlogged" or "constrained" by FDOT. Applications for new
15 development located within backlogged or constrained segments are required to
16 undergo a thorough traffic analysis as part of the review process.
17
18 (g) Solid Waste
19 Monroe County has a solid waste haul out contract with Waste Management LLC,
20 which authorizes the use of in-state facilities through September 20,2016, thereby
21 providing the County with approximately ten (10) years of guaranteed capacity.
22 The FLUM amendment may have an insignificant effect on solid waste.
23
24 (h) Potable Water
25 In March 2008, South Florida Water Management District (SFWMD) approved
26 the FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from
27 the BiscaYne and Floridian Aquifers. The WUP provides an annual allocation of
28 8,751 Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation
29 of 809 MG with a limited annual withdrawal from the BiscaYne Aquifer of 6,492
30 MG or 17.79 MGD and an avemge dry season (December 15t-April 30th) of 17.0
31 MGD. The 100 gallons per person per day standard is commonly accepted as
32 appropriate and is reflected in Policy 701.1.1 of the Monroe County Year 2010
33 Comprehensive Plan.
34
35 (i) Stormwater
36 MCC Section 114-4 requires that all developments retain stormwater on site
37 following Best Management Practices (BMP' s).
38
39 (j) Effects on Redevelopment/lnfill Potential:
40 The proposed subject area is scarified at the present time.
41
42 Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan directs
43 the County to encourage infill development where existing lands are already
44 substantially developed, served by complete infrastructure facilities and within
Lloyd A. Good, Jr. Page 8 of 10 Reviewed by
M28098 BOCe: June 2, 2009
1 close proximity to established commercial areas and have few sensitive or
2 significant environmental features.
3
4 The proposed FLUM amendment will not adversely affect Objective 102.3.1 and
5 will encourage infill development to remain on already existing developed land.
6
7 V. FINDINGS OF FACT AND CONCLUSIONS OF LA W
8
9 1. The proposed FLUM amendment is for real estate nwnber 00118420.000000 and only on
10 the triangular portion located 110 feet west of Bat Tower Road near U. S. 1.
11
12 2. Goal 101 manages future growth to enhance the quality of life.
13
14 3. Objective 101.4 maintains the community characters and protects natural resources by
15 regulating future development and redevelopment.
16
17 4. Policy 101.4.5 establishes the Mixed Use / Commercial FLUM criteria.
18
19 5. In accordance with MCC Sec. 102-158(d)(5)b., the BOCC has used criteria specified
20 therein for the adoption of an ordinance enacting the proposed change based on one (1)
21 or more of the following factors: changed projections (e.g., regarding public service
22 needs) from those on which the text or boundary was based; changed assumptions (e.g.,
23 regarding demographic trends); data errors, including errors in mapping, vegetative
24 types and natural features described in volume I of the plan; new issues; recognition of
25 a need for additional detail or comprehensiveness; or data updates.
26
27 6. Staff has determined that the proposed map amendment is in accordance with MCC
28 Section 1 02-158( d)(5)b(v) Recognition of a need for additional detail or
29 comprehensiveness.
30
31 7. For the purposes of reviewing consistency of the adopted plan or any amendments to that
32 plan with the Principles for Guiding Development and any amendments to the
33 principles, the principles shall be construed as a whole and no specific provision shall
34 be construed or applied in isolation from the other provisions. Staff finds proposed
35 FLUM amendment consistent with the Principles for Guiding Development as a whole
36 and not inconsistent with anyone principle.
37
38 8. The proposed area is cleared and scarified and will not significantly affect natural
39 resources.
40
41 9. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
42 adverse change in community character.
43
44 10. Staffhas determined the proposed future land use map designation to Mixed Use /
45 Commercial (MC) will not adversely change community character.
Lloyd A. Good, Jr. Page 9 of 10 Reviewed by
M28098 BOCC: June 2, 2009
1
2 11. The proposed FLUM amendment is less than 400 ft2 and will have no additional impact
3 on density/intensity.
4
5 12. Local roads are already in place and have been well maintained.
6
7 13. The area is scarified. Effects on natural resources are not anticipated.
8
9 14. The proposed FLUM amendment will encourage commercial development to remain on
10 disturbed lands rather than encroaching on environmentally sensitive area.
11
12 15. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County indicates a
13 LOS of"D" on SugarloafKey (MM 16.5 to MM 20.5). Applications for new
14 development located within backlogged or constrained segments are required to
15 undergo a thorough traffic analysis as part of the review process.
16
17 16. The FLUM amendment may have an insignificant effect on solid waste.
18
19 17. The 100 gallons per person per day of potable water is commonly accepted as appropriate
20 and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive
21 Plan.
22
23 18. MCC Section 114-4 requires that all developments retain stormwater on site following
24 Best Management Practices (BMP's).
25
26 19. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
27 encourage inflll development to remain on already existing developed land.
28
29 VI. RECOMMENDATION:
30 Staff recommends APPROV AL to the Monroe County Board of County Commissioners.
Lloyd A. Good, Jr. Page 10 of 10 Reviewed by
M28098 BOCC: June 2, 2009
BOCC ORDINANCE
2
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
LLOYD A. GOOD, JR., TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION FROM RESIDENTIAL CONSERVATION
(RC) TO MIXED USE / COMMERCIAL (MC) FOR A PORTION OF
PROPERTY LEGALLY DESCRIBED AS SECTION 3 TOWNSHIP 67
RANGE 27 SUGARLOAF KEY PT LOT 3 & PT LOT 4 HA VINO
REAL ESTATE NUMBER 00118420.000000; PROVIDING FOR
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a special scheduled public meeting held on June 2, 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 / Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and the
Land Development Regulations of the Monroe County Code; and
WHEREAS, the BOCC voted to transmit the proposed FLUM amendment to the Florida
Department of Community Affairs on January 26,2009; 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, in the map amendment application to the Planning & Environmental
Resources Department, received June 26,2008 the Applicant requested that the Future Land Use
Map (FLUM) designation of one (1) parcel identified as Real Estate Number 00118420.000000
be amended from Residential Conservation (RC) to Mixed Use / Commercial (MC).
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
1. The proposed FLUM amendment is for real estate number 00118420.000000 and
only on the triangular portion located 110 feet west of Bat Tower Road near U. S. 1.
2. Goal! O! manages future growth to enhance the quality of life.
3. Objective 101.4 maintains the community characters and protects natural resources
by regulating future development and redevelopment.
3
4. Policy 101.4.5 establishes the Mixed Use / Commercial FLUM criteria.
5. In accordance with MCC Sec. 102-158(d)(5)b., the BOCC has used criteria specified
therein for the adoption of an ordinance enacting the proposed change based on one
(1) or more of the following factors: changed projections (e.g., regarding public
service needs) from those on which the text or boundary was based; changed
assumptions (e.g., regarding demographic trends); data errors, including errors in
mapping, vegetative types and natural features described in volume I of the plan;
new issues; recognition of a need for additional detail or comprehensiveness; or data
updates.
6. Staff has determined that the proposed map amendment is in accordance with MCC
Section 1 02-158( d)(5)b(v) Recognition of a need for additional detail or
comprehensiveness.
7. For the purposes of reviewing consistency of the adopted plan or any amendments to
that plan with the Principles for Guiding Development and any amendments to the
principles, the principles shall be construed as a whole and no specific provision
shall be construed or applied in isolation from the other provisions. Staff finds
proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle.
8. The proposed area is cleared and scarified and will not significantly affect natural
resources.
9. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character.
10. Staffhas determined the proposed future land use map designation to Mixed Use /
Commercial (MC) will not adversely change community character.
11. The proposed FLUM amendment is less than 400 ft2 and will have no additional
impact on density/intensity.
12. Local roads are already in place and have been well maintained.
13. The area is scarified. Effects on natural resources are not anticipated.
14. The proposed FLUM amendment will encourage commercial development to remain
on disturbed lands rather than encroaching on environmentally sensitive area.
15. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County
indicates a LOS of"D" on SugarloafKey (MM 16.5 to MM 20.5). Applications for
new development located within backlogged or constrained segments are required to
undergo a thorough traffic analysis as part of the review process.
16. The FLUM amendment may have an insignificant affect on solid waste.
4
17. The 100 gallons per person per day of potable water is commonly accepted as
appropriate and is reflected in Policy 701.1.1 of the Monroe County Year 2010
Comprehensive Plan.
18. MCC Section 114-4 requires that all developments retain stormwater on site
following Best Management Practices (BMP's).
19. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and
will encourage infill development to remain on already existing developed land.
WHEREAS, the Planning & 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 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 / Commercial (MC) as shown on the attached
maps, which are hereby incoIporated 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.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
SIGNATURE PAGE TO FOLLOW
5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June 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
BY
Mayor George Neugent
(SEAL)
ATTEST= D~L.KOLHAGE,CLERK
DEPUTY CLERK
6
1 Exhibit 1 to Ordinance# -20091
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change for a portion of RE 00118420-000000
from Residential Conservation (RC) to Mixed Use/Commerical (Me) N
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RESOLUTION NO. 002-2009
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 / 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.
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.
S~tion 2: The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first (}51) 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 of9J-l1.006 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 26th day of January A.D., 2009.
Mayor George Neugent Yea
Mayor Pro Tern Sylvia Murphy Yes
Commissioner Kim Wigington Yea
Commissioner Heather Carruthers Yes
Commissioner Mario Di Gennaro YiRa
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLO~
BY --.-~L. 'n-.,~
Mayor George Neugent
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