Item R12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20, 2009 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Env. Resources
Staff Contact Person/Phone #: Mitch Harvey #2514
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners approving a request by Fausto and Maria Del Carmen Diaz to amend
the land use district designation from Improved Subdivision — Duplex (IS-D) to Improved Subdivision
— Vacation Rental (IS-V) of property legally described as Block 8, lot 2, Duck Key Indies Island
Section 1, Part 1, PB5-82 Toms Harbor, Monroe County, Florida, having Real Estate Number
00377800-000000.
ITEM BACKGROUND: The applicants are requesting to amend the land use district map to allow
vacation rentals on their property locate within Hawks Cay. The Monroe County Planning Commission
recommended approval of the proposed ordinance to the County Commission on April 22, 2009
PREVIOUS RELEVANT BOCC ACTION:
Property was rezoned to Improved Subdivision — Duplex (IS-D) in 1987 to retain the multi -family
status of the property (Ord. 039-1987).
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes No
COST TO COUNTY: n/a SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 1 /09
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Andrew O. Trivette, Director of Growth Management
Through: Townsley Schwab, Acting Director of Planning & Environmental Resources
From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager 1�) I
Date: May 5, 2009
Subject: Request for an Amendment to the land use district for Fausto and Maria Del
Carmen Diaz, 1125 Greenbriar Road, Duck Key, Real Estate Number
00377880-000000
Meeting Date: May 20, 2009
I RE UEST
A request by the Craig Company on behalf of Fausto and Maria Del Carmen Diaz to amend the
land use district designation from Improved Subdivision — Duplex (IS-D) to Improved
subdivision — Vacation Rental (IS-V), in accordance with Section 130-83 of the Monroe County
Code, to allow vacation rental uses at 1125 Greenbriar Road, Duck Key. The property is legally
described as Block 8, Lot 2, Duck Key Indies Island Section 1, Part 1, PB5-82 Toms Harbor,
Monroe County, Florida, having Real Estate Number 00377800-000000.
Existing Land Use District Map
Page 1 of 10
Fausto and Maria Del Carmen Diaz
BOCC Meeting: May 20, 2009
I A. Legal Description: PB 5-82 Block 8, Lot 2, Duck Key Indies Island Section 1, Part 1,
2 Toms Harbor
3 B. Real Estate Number: 00377800-000000
4 C. Applicant/Petitioner: Craig Company
5 D. Property Owners: Fausto and Maria Del Carmen Diaz
6
7 II PROCESS
8 In accordance with the provisions set forth in Sec. 102-158 of the Monroe County Code
9 (MCC), amendments may be proposed by the Board of County Commissioners (BOCC), the
10 Planning Commission, the Director of Planning, or the owner or other person having a
11 contractual interest in property to be affected by a proposed amendment. The Director of
12 Planning shall review and process the text and map amendment applications as they are
13 received and pass them on to the Development Review Committee and the Planning
14 Commission for recommendation and final approval by the BOCC.
15
16 The Planning Commission and the BOCC shall each hold at least one public hearing on a
17 proposed amendment to the text or to the land use district map. The Planning Commission
18 shall review the application, the reports and recommendations of the Department of Planning
19 & Environmental Resources and the Development Review Committee, and the testimony
20 given at the public hearing, and shall submit its recommendations and findings to the BOCC.
21 The BOCC shall consider the report and recommendation of and the testimony given at the
22 public hearings and may either deny the application or adopt an ordinance approving the
23 proposed amendment. Ordinances are then reviewed by the Florida Department of
24 Community Affairs.
25
26 In the event of a written protest against such amendment signed by the owners of twenty (20)
27 percent or more either of the area of the lots or land included in the proposed amendment or
28 of the lots or land immediately adjoining the property to be affected and extending two
29 hundred (200) feet there from, such amendment shall not become effective except by the
30 favorable vote of four (4) members of the BOCC.
31
32 III RELEVANT PRIOR COUNTY ACTIONS
33
34 This property is platted on Plat Book 5, Page 82 of the Public Records of Monroe County.
35 Pre-1986 zoning on the subject property was Multiple -Family Residential District (RU-3). In
36 1986, the property was rezoned Destination Resort (DR) as part of the overall approval for
37 the Development of Regional Impact for the resort community commonly known as Hawks
38 Cay (Monroe County BOCC Resolution No. 365-1986).
39
40 In 1987, the property was rezoned to Improved Subdivision -Duplex (IS-D) in order to retain
41 the multi -family status of the property that was in effect prior to 1986 (Ordinance 039-1987).
42 The existing lawfully permitted duplex was completed in 1994.
43
44 On April 7, 2009, the Monroe County Development Review Committee held a public
45 meeting to review the request filed by The Craig Company on behalf of Fausto and Maria
46 Del Carmen Diaz to amend the current land use designation from Improved subdivision —
Page 2 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
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Duplex (IS-D) to Improved Subdivision — Vacation Rental (IS-V) for the subject property
located at 1125 Greenbriar Road, Duck Key, The DRC supported the staff decision to
recommend approval to the Monroe County Planning Commission.
On April 22, 2009, the Monroe County Planning Commission held a public hearing to review
the request filed by The Craig Company on behalf of Fausto and Maria Del Carmen Diaz to
amend the current land use designation from Improved subdivision — Duplex (IS-D) to
Improved Subdivision — Vacation Rental (IS-V) for the subject property located at 1125
Greenbriar Road, Duck Key. Following discussion that included staff presentation and public
input, the Planning Commission voted to recommend approval to the Monroe County Board
of County Commissioners.
IV BACKGROUND INFORMATION
A. Size of Site: 9,644 Square Feet (0.22 acres)
B. Tier Designation: Tier III
C. Flood Zone: AE
D. Existing Use: Developed
E. Existing Vegetation / Habitat: Cleared
F. Community Character of Immediate Vicinity:
uses.
V REVIEW OF APPLICATION
The neighborhood consists of residential
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.
Staff has determined that the proposed map amendment is consistent with the provisions
and intent of the Monroe County Year 2010 Comprehensive Plan.
Page 3 of 10
Fausto and Maria Del Carmen Diaz
BOCC Meeting: May 20, 2009
I B. Consistency of the proposed amendment with the provisions and intent of Chapter 102 of
2 the Monroe County Code, Land Development Regulations:
3
4 In accordance with MCC Sec. 102-158(d)(5)b, the BOCC may consider the adoption of
5 an ordinance enacting the proposed change based on one (1) or more of the following
6 factors:
7
8 i. Changed projections (e.g., regarding public service needs) from those on which the
9 text or boundary was based;
10
11 Applicant: Prior to 1986, the subject property was zoned RU-3, suitable for multi-
12 family use. The property is located within the boundaries of the Development of
13 Regional Impact (DRI) commonly known as "Hawks Cay", by Monroe county
14 Board of county Commissioners Resolution No. 365-1986. Originally zoned
15 Destination Resort (DR) as part of the DRI, the property owner at the time
16 successfully petitioned to retain multifamily status for the then vacant lot pursuant to
17 Ordinance 039-1987.
18
19 The property currently supports a legally permitted duplex completed in 1994. The
20 property is located on the Greenbriar Road cul-de-sac, which is built out and consists
21 of primarily of duplex construction (both pre- and post- 1986) with vacation rentals
22 in place.
23
24 The requested change to Improved Subdivision -Vacation Rental (IS-V) is not
25 anticipated to cause a change in the public service needs of either the subdivision, or
26 Hawks Cay as a whole — the sole purpose of the IS-V designation is to permit the
27 property owner to enjoy the same vacation rental rights as the neighboring and
28 immediately adjoining properties zoned DR.
29
30 Staff Staff has determined that the proposed map amendment is in accordance with
31 MCC Section 102-158(d)(5)b(1) Changed projections.
32
33 ii. Changed assumptions (e.g., regarding demographic trends);
34
35 Applicant: BOCC Ordinances No. 004-1997, 030-1999, and 044-2000 amended the
36 Code to provide criteria to establish vacation rental uses in existing land use districts
37 and included the creation of the IS-V land use district. These changes occurred to
38 provide a regulatory framework for control of vacation rental uses while providing
39 some flexibility for property owners in residential areas to legally use their property
40 for short term rentals of up to 28 days in response to market trending that included
41 longer stays by vacationers.
42
43 Staff The parcels adjacent to the subject property to the north, east, and west are
44 zoned Destination Resort (DR), which allows vacation rentals The proposed
45 rezoning to IS-V would therefore be compatible with the character of the surrounding
46 area.
Page 4 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
I
2 Staff has determined that the proposed map amendment is in accordance with MCC
3 Section 102-158(d)(5)b(2) Changed assumptions.
4
5 iii. Data errors, including errors in mapping, vegetative types and natural features
6 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
7
8 Applicant: There have been no errors noted in mapping, vegetative types, or natural
9 features. The subject property was rezoned from DR to IS-D by map amendment in
10 1987 and is developed with a duplex and no significant vegetation. While the scale of
11 the Monroe County Future Land Use Maps is such that it is difficult to identify a
12 single lot, Monroe County Planning Department Staff has determined that the FLUM
13 for the property is Residential Medium (RM) — an overlay category that does not
14 include DR.
15
16 Staff Not applicable
17
18 iv. New issues;
19
20 Applicant: Ordinance 004-1997, as adopted by the BOCC, created Section 9.5-242.5
21 of the MCC to permit tourist housing in the IS-T land use district. The language of
22 the Code was subsequently amended by Ordinance 044-2000, which further refined
23 the criteria applicable to the establishment of tourist housing in the Improved
24 Subdivision land use district, renamed with the sub -indicator of IS-V. The land use
25 district IS-T/IS-V was not contemplated or available at the time that the property was
26 rezoned to IS-D.
27
28 Staff: Not applicable
29
30 v. Recognition of a need for additional detail or comprehensiveness;
31
32 Applicant: The Greenbriar Road cul-de-sac is built out and consists of primarily
33 duplex uses — most of which are used for vacation rental purposes, and all of which
34 are zoned DR. Vacation rentals are a permitted use as of right in the DR land use
35 district, subject to the criteria in MCC Section 130-81.
36
37 Monroe County Planning Department Staff is unable to support a land use district
38 map change to DR based on two criteria:
39
40 1. Recognition of the FLUM as RM — which is not compatible with DR zoning;
41 2. The inability of a "single lot" to meet the criteria of DR zoning, regardless of the
42 initial inclusion in the DRI.
43
44 The requirements of Section 130-84 of the MCC provide the stringent criteria that the
45 property must meet in order to qualify for a land use district change to IS-V. MCC
Page 5 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
I Section 134-1 provides the criteria that the owner or agent of the property must meet
2 after the property has been rezoned.
3
4 Staff Staff has determined that the proposed map amendment is in accordance with
5 MCC Section 102-158(d)(5)b(5) Recognition of a need for additional detail or
6 comprehensiveness.
7
8 vi. Data updates:
9
10 Applicant: None
11
12 Staff: Not applicable
13
14 C. Consistency with Florida Statutes, Section 380.0552 Principles for Guiding Development
15 in the Florida Keys Area of Critical State Concern:
16 (7) PRINCIPLES FOR GUIDING DEVELOPMENT. --State, regional, and local
17 agencies and units of government in the Florida Keys Area shall coordinate their plans
18 and conduct their programs and regulatory activities consistent with the principles for
19 guiding development as set forth in chapter 27F-8, Florida Administrative Code, as
20 amended effective August 23, 1984, which chapter is hereby adopted and incorporated
21 herein by reference. For the purposes of reviewing consistency of the adopted plan or any
22 amendments to that plan with the principles for guiding development and any
23 amendments to the principles, the principles shall be construed as a whole and no specific
24 provision shall be construed or applied in isolation from the other provisions.
25 (a) To strengthen local government capabilities for managing land use and
26 development so that local government is able to achieve these objectives without
27 the continuation of the area of critical state concern designation.
28 (b) To protect shoreline and marine resources, including mangroves, coral reef
29 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
30 (c) To protect upland resources, tropical biological communities, freshwater
31 wetlands, native tropical vegetation (for example, hardwood hammocks and
32 pinelands), dune ridges and beaches, wildlife, and their habitat.
33 (d) To ensure the maximum well-being of the Florida Keys and its citizens
34 through sound economic development.
35 (e) To limit the adverse impacts of development on the quality of water
36 throughout the Florida Keys.
37 (f) To enhance natural scenic resources, promote the aesthetic benefits of the
38 natural environment, and ensure that development is compatible with the unique
39 historic character of the Florida Keys.
Page 6 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
1 (g) To protect the historical heritage of the Florida Keys.
2 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of
3 existing and proposed major public investments, including:
4 1. The Florida Keys Aqueduct and water supply facilities;
5 2. Sewage collection and disposal facilities;
6 3. Solid waste collection and disposal facilities;
7 4. Key West Naval Air Station and other military facilities;
8 5. Transportation facilities;
9 6. Federal parks, wildlife refuges, and marine sanctuaries;
10 7. State parks, recreation facilities, aquatic preserves, and other publicly
11 owned properties;
12 8. City electric service and the Florida Keys Electric Co-op; and
13 9. Other utilities, as appropriate.
14 (i) To limit the adverse impacts of public investments on the environmental
15 resources of the Florida Keys.
16 0) To make available adequate affordable housing for all sectors of the
17 population of the Florida Keys.
18 (k) To provide adequate alternatives for the protection of public safety and
19 welfare in the event of a natural or manmade disaster and for a post disaster
20 reconstruction plan.
21 (1) To protect the public health, safety, and welfare of the citizens of the Florida
22 Keys and maintain the Florida Keys as a unique Florida resource.
23 The proposed map amendment is consistent with the Principles for Guiding Development
24 and not inconsistent with any principle.
25
26 D. Impact on Community Character:
27
28 Applicant: "In no event shall an amendment be approved which will result in an adverse
29 community change of the planning area in which the proposed development is located."
30
31 The proposed map amendment will not result in an adverse community change of the
32 planning area in which the proposed development is located. No FLUM change is
33 required, and the property complies with the standards of MCC as set forth in Section
34 130-84.
35
36 Staff MCC Section 102-158 maintains that amendments may not permit an adverse
37 change in community character. Staff has determined the proposed land use designation
38 of IS-V will not adversely change community character.
Page 7 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
1
2
3 Local Use Compatibility
4 Prior to 1986, the property had the land use designations of RU-3 or multi -family
5 residential district. In the multi -family residential uses or RU-3 land use district, multi-
6 family dwelling apartments for rent or sale were a permitted use.
7
8 In 1986, the land use designation for the subject property changed to DR. Neighboring
9 land use districts include DR and IS. In 1987, the land use designation for the subject
10 property changed to IS-D to preserve the multi -family character of the property
11
12 Staff has determined the proposed land use designation of IS-V is compatible with the
13 surrounding land uses, which presently allow vacation rental under the DR designation.
14
15 Density and Intensity
16 The subject property is 9,644 ft2 (0.22 acres).
17 Currently, the IS-D land use district supports one (1) detached dwelling or duplex per lot
18 with an open space ratio of 20%. The FLUM designation of RM supports an allocated
19 density for the IS-D land use district at one (1) detached dwelling or duplex per lot and
20 maximum net density bonuses do not apply.
21
22 The proposed IS-V allows vacation rentals and has no land use density associated with it.
23 The existing duplex was constructed in conformance with the IS-D district. The propose
24 change will not affect the existing density, only the use of the property for vacation
25 rentals.
26
27 Local Traffic and Parking
28 Local roads are already in place and have been well maintained. Adverse impacts on the
29 existing road conditions are not expected to change if the land use designation changes
30 from IS-D to IS-V.
31
32 Effects on Natural Resources
33 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct
34 future growth to lands which are intrinsically most suitable for development and shall
35 encourage conservation and protection of environmentally sensitive lands. Future
36 development would be required to comply with all Monroe County Code, State and
37 Federal environmental regulations.
38
39 Because the subject property consists of cleared developed lots, no additional clearing is
40 anticipated for the proposed development. Effects on natural resources are not
41 anticipated.
42
43 Effects on Public Facilities
44 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires the
45 County to direct future growth away from environmentally sensitive land and towards
Page 8 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
I established development areas served by existing public facilities. The proposed land use
2 district map amendment is consistent with Objective 101.11.
3
4 Traffic Circulation
5 Section 114-2(1)b of the Land Development Code states that all secondary roads to
6 which traffic entering or leaving development or use will have direct access shall have
7 sufficient available capacity to operate at a level of service D as measured on an annual
8 average daily traffic (ADDT) basis. The proposed change of land use district to allow
9 vacation rentals within the subject property is not expected create any additional traffic
10 impacts.
11
12 Solid Waste
13 Monroe County has a solid waste haul out contract with Waste Management LLC, which
14 authorizes the use of in -state facilities through September 20, 2016, thereby providing the
15 County with approximately ten (10) years of guaranteed capacity. The proposed land use
16 district map amendment may affect solid waste, but not significantly.
17
18 Potable Water
19 In 2002, South Florida Water Management District approved an increase in Florida Keys
20 Aqueduct Authority's Water Use Permit. Monroe County's Public Facilities Capacity
21 Assessment Report indicates there are over 100 gallons of water available per person per
22 day. The 100 gallons per person per day standard is commonly accepted as appropriate
23 and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
24 It is anticipated that the proposed land use district map amendment will not affect potable
25 water.
26
27 Stormwater
28 The subject property, located in Tier III is scarified and developed. MCC Section 114-3
29 requires that all developments retain stormwater on site following Best Management
30 Practices (BMP's).
31
32 Effects on Redevelopment/Infill Potential:
33 Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan directs the
34 County to encourage infill development where existing lands are already substantially
35 developed, served by complete infrastructure facilities and within close proximity to
36 established commercial areas and have few sensitive or significant environmental
37 features.
38
39 The proposed land use district map amendment will not adversely affect Objective
40 102.3.1.
41
42 VI FINDINGS OF FACT AND CONCLUSIONS OF LAW
43
44 1. The subject parcel is already cleared and developed.
45
46 2. Prior to 1986, the subject property was zoned RU-3.
Page 9 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
1
2
3.
In 1986, the land use district (zoning) of the subject property was changed to Destination
3
Resort (DR).
4
5
4.
In 1987, he land use district (zoning) of the subject property was changed to Improved
6
Subdivision — Duplex (IS-D) to preserve the multi -family character of the property.
7
8
5.
The proposed land use district map amendment to Improved Subdivision — Vacation
9
Rental will allow the existing duplex to be use for vacation rental purposes.
10
11
6.
The proposed land use district map amendment will not adversely affect natural
12
resources.
13
14
7.
The proposed land use district map amendment will not affect traffic circulation.
15
16
8.
The proposed land use district map amendment will not affect solid waste.
17
18
9.
The proposed land use district map amendment will not affect potable water.
19
20
10.
The proposed map amendment is consistent with the provisions and intent of the Monroe
21
County Year 2010 Comprehensive Plan.
22
23
11.
Staff has determined that the proposed map amendment is consistent with the Principles
24
for Guiding Development in accordance with F.S. Section 380.0552(7).
25
26
VII
RECOMMENDATION
27
28
Staff recommends approval to the Monroe County Board of County Commissioners.
Page 10 of 10 BOCC Meeting: May 20, 2009
Fausto and Maria Del Carmen Diaz
ORDINANCE NO. -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVING A REQUEST BY FAUSTO AND MARIA DEL CARMEN DIAZ TO AMEND THE
LAND USE DISTRICT DESIGNATION FROM IMPROVED SUBDIVISION — DUPLEX (IS-D) TO
IMPROVED SUBDIVISION — VACATION RENTAL (IS-V) OF PROPERTY LEGALLY
DESCRIBED AS BLOCK 8, LOT 2, DUCK KEY INDIES ISLAND SECTION 1, PART 1, P135-82
TOMS HARBOR, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00377800-
000000.
WHEREAS, during a regularly scheduled public meeting held on May 20, 2009,
the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by The Craig Company on behalf of Fausto and Maria
Del Carmen Diaz, to amend the subject property's current land use designation from
Improved subdivision — Duplex (IS-D) to Improved Subdivision — Vacation Rental (IS-
V); and
WHEREAS, in the map amendment application to the Planning & Environmental
Resources Department, received February 5, 2008, the Applicant requested that the
current land use map designation of one (1) parcel identified as Real Estate Number
00377800-000000, be amended from Improved Subdivision — Duplex (IS-D) to Improved
Subdivision — Vacation Rental (IS-V); and
WHEREAS, at its April 22, 2009 meeting in Marathon, the Monroe County
Planning Commission reviewed the application and recommended approval of a request
filed by The Craig Company on behalf of Fausto Diaz and Maria Del Carman Diaz, to
amend the subject property's current land use designation as indicated in PC Resolution P
-09; and
WHEREAS, the subject property is located at 1125 Greenbriar Road, Duck Key
and is legally described as Block 8, Lot 2, Duck Key Indies Island Section 1, Part 1, PB5-
82 Toms Harbor, having Real Estate Number 00377800-000000; and
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact and Conclusions of Law:
1. §102-158(a) of the Monroe County Code 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; and
2. Pursuant to §102-158(d)(5)b of the Monroe County Code, the Monroe County
Board of County Commissioners 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; and
I Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
4. The map amendment is consistent with the provisions and intent of Chapter
102 of the Monroe County Code:
a. MCC Section 102-158 prohibits any map amendments that would
negatively impact community character.
b. MCC Section 102-158(a) maintains the map amendment is 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.
c. The proposed current land use designation will not adversely affect natural
resources.
d. The proposed current land use designation will not adversely effect traffic
circulation.
e. The proposed current land use designation amendment will not adversely
effect solid waste.
f. The proposed current land use designation amendment will not adversely
effect potable water.
Page 2 of
g. Staff has determined that the proposed map FLUM amendment is
consistent with MCC Sec. 102-158(d)(5)b: (i) Changed projections, (ii)
Changed assumptions, and (v) Recognition of a need for additional detail
or comprehensiveness; and
5. The proposed map amendment shall not relieve particular hardships, nor
confer special privileges or rights on any person, nor permit a change in
community character, as analyzed in the Monroe County Year 2010
Comprehensive Plan as directed by §102-158(a) of the Monroe County Code;
and
6. The proposed map amendment is consistent with the Principles for Guiding
Development and not inconsistent with any principle in the Florida Keys Area
of Critical State Concern; and
WHEREAS, during a regularly scheduled public meeting held on May 20, 2009, the
Monroe County Board of County Commissioners conducted a review and consideration
of a request filed by The Craig Company on behalf of Fausto and Maria Del Carmen
Diaz, to amend the subject property's current land use designation from Improved
subdivision — Duplex (IS-D) to Improved Subdivision — Vacation Rental (IS-V) for the
subject property located at 1125 Greenbriar Road, Duck Key, legally described as Block
8, Lot 2, Duck Key Indies Island Section 1, Part 1, PB5-82 Toms Harbor, having Real
Estate Number 00377800-000000;.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is currently designated Improved
Subdivision — Duplex (IS-D) shall be designated Improved Subdivision (IS-V)
as shown on the attached maps, which are hereby incorporated by reference
and attached as Exhibits 1 and 2.
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, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission approving
the ordinance.
Page 3 of
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 20'h day of May 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
M.
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
M0NR0 COUNT TORNEY
APP VED AST FORM
Date:
Page 4 of
Exhibit 1 to Ordinance# -2009
The Monroe County Existing Land Use Map is amended
as indicated above.
Proposal: Existing Land Use change of RE 00377800-000000 from N
Improved Subdivision - Duplex (IS-D) to Improved Subdivision - Vacation Home (IS-V)
AFFIDAVIT
(State of Florida)
(County of Monroe)
Before me, the undersigned authority, personally
appeared on ,2009 , who, after being duly
sworn deposes and says that the following statements are true and correct
to the best of his/her knowledge and belief.
1. at wter rogf signs containing a legal notice for
The Z. <�� � 'f� (1 `i�
.TOk�,
was placed on 1 o ?'
(LEGAL DESCRIPTION F PROPERTY) oK1 ,, (AI—Ve,
on the 54 day of M ,2009. This waterproof sign(s)
contained an area of at 1 ast II" x 17". The sign containing the legal
notice was placed on the property in compliance with the 15-day posting
requirements of the Monroe County Code. The property was posted to notice
a public hearing before the Monroe County Board of County Commissioners
to be held on Q V. a C`
The sign(s) are clearly visible from all public streets adjacent to this
property.
2. A photograph of that' waterproof sign(s) c ntaining
legal notice is attached hereto.
Witnesses:
IWAA-4-7 -S
—11'rint name f ame of Affiant
Print name Date
Address,/ -- -,�
City, State, Zip
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was ackno ledged before me this day
o f ,?'R,J,' 2009 b y Cif) Il A 'B nS C-t cl
who is personally known to in or who has produced
as ident � ation and who did take an oath.
NOTA PUBL
Sign-
Pri
State of Florida at Large (seal)
My Commission expires:
,.•; 'Y "r!y',, JODELL ROBERTS
Commission DD 741679
Expires January 31, 2012
'• s �'`� Bonded Thru Troy Fain Insurance 800-385-7019