Resolution 089-1996
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RESOLUTION NO. 089 -1996
A Resolution of the Board of County
Commissioners of Monroe County, FL denying a
requested amendment to the land use district
map for a rezoning from "Improved Subdivision"
to "Suburban Commercial" for property known as
Key Largo Holiday Harbor, Lot 535 and part Lot
536, Port Largo 5th Addition, Section 33, Township
61 South, Range 39 East. Key Largo, FL
WHEREAS, the Board of County Commissioners of Monroe County, after
considering the recommendation of the Planning Commission and the evidence
presented by the applicant, planning staff, factual witnesses and experts at the public
hearing on November 21,1995, makes the following FINDINGS OF FACT:
1. There was no marina, or other commercial use, on the subject parcel on the
effective date of the Monroe County Land Development Regulations, (i.e., September
15, 1986): that there had been sporadic storage of seized vessels by the United States
Government. but as of September 15, 1986 the property was fenced and vacant.
2. The community character of the planning area in the immediate vicinity is
predominantly residential, as evidenced by a) the adjacent. residential subdivisions
which dominate the area, and b) the deed restrictions common to the Port Largo
Subdivision which prohibit commercial use.
3. Commercial use of the subject lots is incompatible and inconsistent with the
community character of the immediate vicinity including the surrounding, residential
area located adjacent to and directly across the canal from the subject property.
4. Based on the expert opinion of biologist Kurtis Kruer, the Commission FINDS
THAT nearshore water quality has degraded in the immediate area and increased
development intensity associated with commercial use will result in additional nutrient
and stormwater pollution loading of nearshore waters, including John Pennekamp State
Park.
Cumulative impacts of commercial marinas and other uses within the Florida Keys
result in "death by a thousand cuts" as the impacts of individual projects increasingly
add to the total adverse impact of development on nearshore water quality.
The parcel in question is bordered by a canal leading to the nearshore waters of
John Pennekamp State Park and the Atlantic Ocean. Tidal pumping of groundwater
and movement of groundwater from land away from shore is documented in the
studies of Drs. Gene Chin, Brian LaPointe and John Paul.
Elevated levels of nutrients. fecal coliform and streptococci bacteria are present
in monitoring well data obtained from KLI-2B located directly at the mouth of the canal
in question.
Restricted tidal flushing exists inside the canal because of the configuration of the
canal basin in which flow from deep depths of 19 - 26 feet existing inside the canal at
low tide is restricted by relatively shallow depths of 7 feet existing at the entrance to the
canal at low tide. This difference in depth impairs and impedes adequate tidal flushing
of water trapped in lower depths within the canal.
Oily sheens are frequently found on the surface of the canal. water clarity is
degraded much of the year. and the biological communities which exist on the canal
walls indicate that the canal is suffering from chronic. degraded water quality. These
problems will be increased and aggravated by additional commercial uses in the
canal.
5. The proposed amendment is inconsistent with Section 2-109. Community
Character. Objective A. 1, of the 1986 Florida Keys Comprehensive Plan:
liTo protect. preserve and. where appropriate, improve the
community character of the Florida Keys."
6. The proposed amendment is inconsistent with Section 2-109. Community
Character. Objective A.2. of the 1986 Florida Keys Comprehensive Plan:
liTo limit the development of new land uses to intensities and
characters that are consistent with existing community character
where a community character change would have undesirable
social. cultural. economic or environmental impacts."
7. The proposed amendment is inconsistent with Section 2-109. Community
Character. Objective B.1. of the 1986 Florida Keys Comprehensive Plan:
liTo prohibit development which would result in an undesirable
change in the community character of a planning area."
8. The proposed amendment is inconsistent with Section 2-109. Community
Character. Objective B.2. of the 1986 Florida Keys Comprehensive Plan:
liTo encourage development that will improve the community
character of a planning area."
9. The proposed amendment is inconsistent with Section 2-104. Nearshore
Waters. Objective A.1. of the 1986 Florida Keys Comprehensive Plan:
liTo protect. maintain and, where appropriate. improve the quality
of nearshore waters in Monroe County."
10. The proposed amendment is inconsistent with Section 2-104. Nearshore
Waters. Policy B.1. of the 1986 Florida Keys Comprehensive Plan:
"To prohibit land uses that directly or indirectly degrade nearshore
water quality."
11. The proposed amendment is inconsistent with Section 2-104. Nearshore
Waters. Policy B.S. of the 1986 Florida Keys Comprehensive Plan:
"To limit the location of water-dependent facilities at locations that
will not have a significant adverse impact on off-shore resources
of particular importance. For the purposes of this policy. off-shore
resources of particular importance shall mean hard coral bottoms
and habitat of state or federal threatened and endangered species.
shallow water areas with natural marine communities with depths at
mean low tide of less than four (4) feet. and all designated Aquatic
Preserves under Ch. 258.39, et seq., Florida Statutes."
12. The proposed amendment is inconsistent with Section 2-104. Nearshore
Waters, Policy B.6, of the 1986 Florida Keys Comprehensive Plan:
"To limit the location of docking facilities to areas which have
adequate circulation and tidal flushing."
13. The proposed amendment is inconsistent with Section 2-104. Nearshore
Waters, Policy B.10, of the 1986 Florida Keys Comprehensive Plan:
"To encourage the rehabilitation of canals and other water bodies
where water quality has deteriorated."
14. The proposed amendment is inconsistent with Section 2-104. Nearshore
Waters, Policy B.12, of the 1986 Florida Keys Comprehensive Plan:
"To require that all discretionary development review procedures
include consideration of cumulative impacts of development upon
nearshore water quality and implement adequate measures to prevent
any nearshore water quality degradation."
15. The proposed amendment is inconsistent with Section 2-112. Growth
Management. Objective A.2, of the 1986 Florida Keys Comprehensive Plan:
"To ensure that future development is consistent with the long
term functional integrity of the natural resources of the Florida Keys."
16. IN ADDITION, the Board FURTHER FINDS that the proposed land use map
amendment would be contrary to the public health, safety and welfare for the
following reasons:
Safety. Commercial use will have undesirable adverse, secondary impacts
on the surrounding residential uses, including traffic congestion near the entrance of
the property and endangerment of the safety of vessels while moored and traveling in
the canal.
Environmental: Commercial uses, including marinas. will result in additional,
adverse environmental effects and are not conducive to the water quality of nearby
Pennekamp Park.
NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA that
1. The requested amendment to the Land Use District Map is hereby DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County.
Florida. at a regular meeting of the Board held on the 21 s t day of Fe b rua ry
1996.
Mayor Freeman
Mayor Pro T em London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
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yes
yes
yes
BY~~
Depu Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By cS~f~
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
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