Item Q07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 15, 2008 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resource
Staff Contact Person: Joseph Haberman, Principal Planner
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County Board of County
Commissioners approving the request by Dancing Bear Properties LLC to amend the Future
Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use / Commercial
(MC) of property legally described as Seaside PB 1-97 Key Largo, PT Lot 22 SQR 1 & Re -Sub
Seaside PB2-10 Key Largo PT SQR 4 P132-10 A/K/A Lots I & 2 SQR 4 PB 1-97 & Bay Btm adj
to Lots 1 & 2 & Pt Gov Lot 4 Adj Ocean View Blvd., Seaside PBl-97 & P132-10, Monroe
County, Florida, having Real Estate Numbers 00491690.000000, 00491700.000000 &
00492290.000000.
ITEM BACKGROUND:
The Department of Community Affairs has no objections, rejections or comments on the
proposed ordinance.
The Planning Commission held a public hearing in Marathon on January 8, 2008 and based on
the facts presented at the meeting, the Planning Commission recommended approval of the map
amendment application to the Board of County Commissioners.
PREVIOUS RELEVANT COMMISSION ACTION:
On May 23, 2008, the BOCC approved a transmittal of a resolution to the DCA at the request of
Dancing Bear Properties, LLC proposing to amend the subject's property's Future Land Use
Map (FLUM) designation from Residential Medium (RM) to Mixed Use / Commercial (MC).
This item was continued by the BOCC at the March 19, 2008 meeting.
CONTRACT/AGREEMENT CHANGES. NIA
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No NIA AMOUNT PER MONTH: NIA Year
APPROVED BY: County Attorney OMB / Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
V11. IJ. LUUU IU -JJnIO
IYU. VU77
ANDREW M. TOBINe P.A.
Attorney at Law
ToEinlew®terranova.lNe Post Office Box 620
Tavernier, Florida 33070
Telephone 305-852-3388
October 15, 2008
Via Fax to 295-5105
Monroe County Board of County Commissioners
c/o Danny Kolhage Clerk of the Board
Harvey Government Center
Key West, Florida
Re: Agenda Items Q-5 and Q-6
FLUM Amendments for El El Si (Riptide) & Seafarer
Dear Mayor and Commissioners;
Land Vee & Zoning Lew
Environmental Law
Administrative Law
Appellate Practice
Real Estate Cloainge
On behalf of the Rock Harbor Condominium Association, I respectfully
request that you continue the above referenced items until the next BOCC meeting
in Key Largo on November 19, 2008.
My clients have been waiting for the opportunity to provide comments on the
pending applications, and have been in regular contact with Kathy Grasser,
Comprehensive Planner, who is responsible for this item. I too have been in contact
with Ms. Grasser, who today informed me that she forgot to advise my clients of the
date of the hearing. By having the hearing in Key West, without prior notice my
clients will be deprived of the opportunity to participate in the process. It is also
contrary to the County's long standing policy to consider zoning matters in the
location of the property when possible. Finally, I would like to point out that as of
this morning, the Seafarer property was posted with a Public Notice sign stating a
hearing would be held on May 6, 2008, in Marathon. The El El Si (Riptide) property
was not posted with any signs.
While the FLUM amendment may appear to be routine, there are several
issues which the general public and the adjacent property owners should have the
opportunity to address. I urge you to continue the hearing for 34 days.
Sincerely yours,
Andrew M. Tobin, Esq. ,
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE V U THEE REQUESTNTY
OF
COUNTY COMMISSIONERS APPRO THE
BY DANCING BEAR PROPERTIES DESIGNA ON C TO IFROM
FUTURE LAND
NiED UM MAP ((RM) TO MIXED USE 1
RESIDENTIAL
DESCRIBED
COMMERCIAL (MC) OF PROPERTY PT LOTLL SQR 1 & RE -
AS SEASIDE PB1-97 KEY LARGO
SUB SEASIDE PB2-10 KEY LARGO TM QD3 TO LOTSA1 & 2
LOTS 1 & 2 SQR 4 PBl-97 &BAY B
OCEAN VIE
&, PT GOV LOT 4 ADJ OR FLORIDA, HAV NCJ REAL
& pB2-10, MONROE COUNTY, FL
ESTATE NUMBERS 00491690.000000, 00491740.000000 &
00492290.000000.
WHEREAS, during a regularly scheduled p
ublic meeting held on March 19,
County Board of County Commissioners conducted
behalf of Dancing
2008, a review and
the Monroe C y FLUM)
request filed by Owen Treproiert&S Associates,
etLand Use Map
consideration of a
Bear Properties LLC, to amend the subject property's
Commercial
designation from
Residential Medium (RM) to Mixed year
2010 Comprehensive Plan
accordance with Policy 101.4.5 the Monroe
County Year
and §9.5-511 of the Monroe County Key Largo,
. located at 139 Seaside A
WHEREAS, the subject property venue,KEY
Marker 94.5, and iPB s legally described as E LARGD IPT -
approximate Mile SQR 4
LARGO PT LOT 22 SQR 1 & RE -SUB SEASIDE M
PB2-10 AIK/A LOTS 1 & 2 SQR 4 PB1-97 & BAY BTM ADBOloOMonroe County
GOV LOT 4 ADJ OCEAN VIEW BLVD Numbers
00 91690 000000, 00491700.000000 &
. and
Florida, having Real Estate
00492290.000000
in the map amendment application to the Planning & Environmental
that
WHEREAS, licant initially requested
the App
Resources Department, received October 3, 2007, seven 7 parcels, identified as Real
FLUM) design atio p0491600 000000, 00491610000000,
the Future Land Use M 00491590,000000, op492290.000000, be
Estate Numbers 00491700.000000, 40491760.000000 &
00491690.000000, to Mixed Use 1 Commercial (MC); and
amended from Residential Medium (RM) b the Development Review
WHEREAS, following the application being heard by Resources
Committee on December 4, 2007, in a letter to the Planningendation
received January 3, 2008, the Applicant followed as Realed Staffs' Number
Department, 4 of the seven (7) parcels, identified be
and requested that four () 00491760.000000,
00491590.000000,
0091600.000000, 00491610.000000 &p lication; and
withdrawn from consideration and thereby removed From the a p
WHEREAS, based upon the information and documentation submitted, the board
of county commissioners makes the following findings of fact:
1. The proposed Future Land Use Map (FLUM) designation of the subject
property is Mixed Use / Commercial (MC). Policy 101.4.5 of the Monroe
County Year 2010 Comprehensive Plan states that 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 penmitted; however, heavy industrial uses and
similarly incompatible uses shall be prohibited; and
2. The proposed Land Use District designation of the subject property is Sub
Urban Commercial (SC). Pursuant to §9.5-206 of the Monroe County Code,
the purpose of the SC District is to establish areas for commercial uses
designed and intended primarily to serve the needs of the immediate planning
area in which they are located. This district should be established at locations
convenient and accessible to residential areas without use of US 1; and
3. §9.5-511(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 pen -nit 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
4. Pursuant to §9.5-511(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: (1) 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
snapping, 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
5. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Conclusions of Law:
1. The map amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The existing uses of the subject property are consistent with the purpose of
the proposed Mixed Use / Commercial (MC) Future Land Use Map
(FLUM) designation, as set forth in Policy 101.4.5 of the Monroe County
Year 2010 Comprehensive Plan; and
b. The Future Land Use Map (FLUM) designation of Mixed Use /
Commercial (MC) corresponds to the proposed land use district
designation of Sub Urban Commercial (SC); and
2. The map amendment is consistent with the provisions and intent of Chapter
9.5 of the Monroe County Code:
a. The existing uses of the property are consistent with the purpose of the
Sub Urban Commercial (SC) District designation, as set forth in §9.5-206
of the Monroe County Code, and
b. The existing uses of the property are permitted uses in the Sub Urban
Commercial (SC) District, as set forth in §9.5-235 of the Monroe County
Code; and
c. The proposed land use district designation of Sub Urban Commercial (SC)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Mixed Use / Commercial (MC); and
3. The snap 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 §9.5-511(a) of the Monroe County Code; and
4. The map amendment meets four (4) of the factors set forth in §9.5-51 l(d)(5)b
of the Monroe County Code: (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); (iv) New issues;
(v) Recognition of a need for additional detail or comprehensiveness; or (vi)
Data updates; and
5. The map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, Planning & Environmental Resources Department Staff have found
that all of the required standards shall be net and recommended approval of the
application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on January 8, 2007 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, THAT:
Sectionl . The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are currently designated
Residential Medium (RM) shall be designated Mixed Use / Commercial (MC) as shown
on the attached map, which is hereby incorporated by reference and attached as Exhibit 1.
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. 1f any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission approving the ordinance.
(This area has been intentionally left blank)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15th day of October, A.D., 2008.
Mayor Mario Di Gennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
C
(SEAL)
ATTEST: DANNY L. KOL.HAGE, CLERK
DEPUTY CLERK
Mayor Mario Di Gennaro
MO 0 COUNTY ATTORNEY
P OVED A$ TO FORM
Date:
Exhibit 1 to Ordinance# -2008
E
E
1
� l
The Monroe County Future Land Use District Map is amended
as indicated above.
RE 00491700-000000, RE 00491690-000000 and portion of RE 00492290-000000 - N
Change Future Land Use Map Designation from Residential Medium (RM) to
Mixed Use/Commercial (MC).
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To: Monroe County Planning Commission &
Monroe County Board of County Commissioners
From: Heaven Handley, Planner
Through: Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources
Date: December 17, 2007
Subject: Request for an Amendment to the Land Use District Map & Future Land Use Map
139 Seaside Avenue, Key Largo, Mile Marker 94.5, Real Estate Numbers
00491590. 000000, 00491600.000000, 00491610, 000000, 00491690. 000000,
00491700.000000, 00491760.000000 & 00492290.000000
May 23, 2008
I MEETING DATE:
May 23, 2008
II REQUEST:
A. Proposal: The applicant is requesting that a developed site located at 139 Seaside
Ave, Key Largo be changed from land -use designation (LUD) Improved
Subdivision (IS) to Sub -Urban Commercial (SC). The request also includes a
future land use map (FLUM) change from Residential Medium (RM) to Mixed
Use Commercial (MC).
The applicant owns seven (7) parcels located in two (2) subdivisions. Of the seven
(7) parcels, only one (1) has a LUD of SC with a FLUM of MC. Five of the six
parcels have an LUD of IS with a FLUM of RM, and one has a split LUD
between IS & SC, with a split FLUM of RM & MC.
This request is to designate all parcels as SC with a FLUM of MC in order to
allow for cohesive redevelopment of all parcels and to bring the existing uses into
compliance.
B. Location:
1. Island & Mile Marker: Key Largo, MM 94.5
2. Address: 139 Seaside Ave, Key Largo
3. Legal Description: Block I Lots 4, 5, 6 Seaside PB1-97, & Re -Sub
Seaside PB2-10, Key Largo
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4. RE Number (s): 00491590.000000, 00491600.000000,
00491610.000000, 00491690.000000, 00491700.000000,
00491760.000000, and 00492290.000000
C. Applicant:
1. Owner: Howard & Linda Kolbenheyer
2. Agent: Owen Trepanier & Associates, Inc.
III PROCESS:
Pursuant to Monroe County Code (MCC) §9.5-511(d), an applicant must present
a request to the Development Review Committee (DRC), Planning Commission
(PC) and Board of County Commissioners (BOCC). As this request requires a
Comprehensive Plan amendment, there will be transmittal to the State for
approval of an amendment to the Comprehensive Plan. The PC meeting shall be
in Marathon, and BOCC meetings shall be in Marathon or Key Largo.
IV PRIOR COUNTY ACTIONS:
In 1974, the BOCC changed the designation of REs 00491590.000000,
00491600.000000 and 00491610.000000 from RU-1 to BU-2 over the objection of
the Zoning Board. This change allowed for the subject properties to be used
commercially, with the inclusion of parking for the restaurant.
In 1980, these same three parcels (REs 00491590.000000, 00491600.000000 and
00491610.000000) were changed from BU-2 back to RU-1 along with changing a
portion of RE 00492290.000000 from BU-2 to RU-1. Records indicate that this "roll
back" was sponsored by the Monroe County Planning & Zoning department because
no construction, other than pilings, had occurred since the change was approved in
1974.
In 1986, the parcels designated as RU-1 were given the LUD of IS along with the
FLUM of RM.
In 2001, the applicant applied for a land use map change from IS to SC and a Future
Land Use Map (FLUM) change from Residential Medium (RM) to Mixed Use
Commercial (MC). On February 19, 2002, the Development Review Committee
recommended denial of these changes to the Planning Commission in D.Q. 02-02
(FLUM) and D.Q. 03-02 (LUD). On February 27, the Planning Commission
recommended denial of these changes to the BOCC in P56-02 (FLUM) and P57-02
(LUD). This item was heard at the BOCC meetings in August and September of
2002. At the September 11, 2002 meeting, the attorney for the applicant requested
that the item be continued. Staff cannot find record of this item being heard at a
subsequent BOCC meeting.
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In 2005, the BOCC adopted the Tavernier Livable CommuniKeys Plan (TLCP) as
part of the Monroe County Master Plan. This plan was tailored to specifically
address the needs and concerns of Tavernier including the area up to mile marker 97.
The restaurant located on the subject property is mentioned in the Tavernier Livable
Communikeys Plan as a community asset to be preserved.
V BACKGROUND INFORMATION:
A.
B.
C.
D.
E.
F.
G.
H.
I. Community Character of Immediate Vicinity:
The parcel with the Real Estate Number 00492290.000000 has three commercial
structures on the parcel. These structures consist of a restaurant, office, two (2)
bars, four (4) transient units, and a marina. The surrounding uses are
predominately residential.
Four (4) of the parcels are adjacent to U.S. 1, and have neighboring commercial
development. One of the parcels faces "Seaside Road", which is parallel to U.S.
Hwy 1. The restaurant can be seen from "Oceanview Road", which is accessed
from U.S. Hwy 1.
VI REVIEW OF APPLICATION:
A. Land Use and Zoning History:
(1) Pre-1986 Zoning:
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The Seaside Subdivision's pre-1986 zoning was primarily Single Family
Residential (RU-1). The parcel with the Real Estate Number 00491600,000000
was zoned as Medium Intensity Business District (BU-2). The exception is the
parcel with the Real Estate Number 00492290.000000, which was partially
zoned as Single Family Residential (RU-1) and partially zoned as Multi Family
Residential (RU-3).
Prior to 1974, five (5) of the parcels in this area received the zoning designation
of Medium Intensity Business District (BU-2), which allowed parking as a
principle or accessory use.
(2) Considerations during the 2010 Comprehensive Plan Process:
The land use designation of the Seaside Subdivision was converted from RU-1
to Improved Subdivision (IS) in 1986 with the adoption of the current Land
Development Regulations (LDRs). Most of the properties were given the
Future land Use Map (FLUM) designation of Residential Medium (RM) in 1992
when the 2010 FLUM was adopted.
MCC Section 9.5-213 states that the purpose of the Improved Subdivision
District (IS) is to accommodate the legally vested residential development rights
of owners of lots in subdivisions that were lawfully established and improved
prior to the adoption of the LDRs.
(3) Boundary Changes since 1986.-
There have been no boundary changes since 1986.
B. Analysis and Rationale for Change:
The applicant asserts that Snapper's Restaurant has existed on site since the early
1960's and has been known as "Snapper's" since 1986. "Snapper's" is widely
known as a "locals" hangout. It serves the needs of the local community by
providing waterfront access, catering to recreational and boating needs, and by
functioning as a neighborhood meeting spot. The applicant asserts that this map
amendment should be considered on the basis of its reference in the Tavernier
Livable Communikeys Plan (TLCP), and because the surrounding developments
(including neighboring properties' land use changes) demonstrate trends of mixed
use development with a "neighborhood" quality.
The applicant asserts common ownership of the subject parcels, and their
related uses (for Snapper's Restaurant, associated parking and signage) as
rational for consideration of this map amendment in a single application,
including the four (4) parcels along US-1.
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Pursuant to Sec. 9.5-511(d) (5) (b) of the Monroe County Code (MCC), the
Board of County Commissioners may consider the adopting an ordinance to
enact map amendments based on one or more of the following factors:
(1) Changed Projections:
1. Applicant: The projection in the TLCP are very different from the
projections made in the prior Monroe County Comprehensive Plan which
was based on the 1980 census data and predicted an increase in future
population throughout the County.
The TLCP identified a number of responses to these new demographic trends
and these responses, in turn, were incorporated into the twelve goals of the
TLCP. These responses and goals were rooted in a need to protect and
enhance the local community life while reducing or mitigating the effect on
scarce environmental resources. The authors of the TLCP also recognized
that directing growth to Tier III areas and away from Tier I1 and Tier I areas
was one way of achieving such goals. By enhancing the quality of life for
local communities, and protecting the existing local economic resources, the
TLCP authors realized that the expansion of single family vacation
residences and hotels could be contained and the local environment
simultaneously protected.
This application for FLUM and zoning re -designation conforms to the new
goals of the TLCP, and as set out above, will have the effect of protecting
and enhancing local community life while reducing and mitigating any
consequences on Monroe County's scare environmental resources.
Regarding the four (4) lots along U.S. Hwy 1, the effect of rezoning these
four lots on US Highway -One contributes to another expressed goal of
Monroe County Ordinances and the Monroe County Comprehensive plan
("MCCP") which is to reduce the potential number of access points onto US
Highway One which slow down traffic and can create life --threatening traffic
hazards to drivers. See e.g. LCMP strategy 9.7, p. 69.
From a planning perspective it makes little sense to have residential lots on a
busy commercial highway. Children and cars do not mix and should not
have been mixed even in the 2010 comprehensive plan. For reasons
unknown to the applicant, the County did not consider the US Highway --One
corridor to be a separate planning zone.
"Access standards" cannot be applied to land -locked individual lots like three
of the applicant's lots in this application. This is because the effect of
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I denying a property owner the right to access US Highway One, where his or
2 her property was land -locked, would be to deny all beneficial use of such
3 property. Such a denial would be subject to judicial challenge on grounds of
4 an unconstitutional taking. Indeed, it is highly unlikely that the County's
5 access standards could be applied to land -locked parcels with residential
6 zoning. Even under the County's own "beneficial use" and "vested rights"
7 provisions of Article VI of the County's Land Development Regulations, it is
8 hard to imagine that such rights could be taken away. See MC Ordinances
9 9.5-171 through 9.5-184.
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11 2. Staff. Staff agrees that there are changed projections which allow staff to
12 recommend this change for the properties with the real estate numbers:
13 00491700.000000, 00491690.000000, and 00492290.000000. There are some
14 specifics about the applicant's argument which staff does not support
15 regarding the parcels with the real estate numbers: 00491590.000000,
16 00491600.000000, 00491610.000000, and 00491760.000000.
17
18 Contrary to prior staffs recommendations for parcels: 00491700.000000,
19 0049I690.000000, and 00492290.000000, Monroe County no longer prohibits
20 changes to rnap amendments solely on the basis of the potential for additional
21 commercial development if the change is permissible under the
22 CommuniKeys plan for that specific area. Recently, with the adoption of the
23 Tier System, shifts in planning philosophies include the idea that growth can
24 be encouraged along infill areas, provided that they meet the criteria for
25 "neighborhood" communities. This includes the provision of amenities which
26 create a "Walkable Community" and ensure reduced trip generation.
27
28 Regarding the four (4) lots along U.S. 1, staff agrees that these lots are not the
29 best place in Tavernier to direct single family residential development. The
30 vision for Tavernier in 1986 was very different than the reality of what exists
31 today, and what the community stated they wanted to see in the TLCP. If
32 changed to SC, the lot which currently houses the sign will remain
33 nonconforming. As for the other parcels, while it is important to note the
34 applicant is indicating all parcels will remain under one ownership and a curb
35 cut will not be sought from FDOT, staff reminds the applicant, the Planning
36 Commission and the BOCC that unless the parcels are put under one real
37 estate number, once the LUD is changed, there is no way to prohibit the owner
38 from selling the lots individually and facing the same access problems as exist
39 with the current LUD of IS. For this reason, absent a unity of title to combine
40 the three parcels which border the large IS parcel currently used for parking,
41 reduced trip generation does not apply. It has always been the department's
42 policy to allow a curb cut from US -I if there is no other access. The Planning
43 Commission and BOCC should also consider the fact that the parcels could be
44 sold individually, access would have to be granted and the result could, in
45 fact, be higher trip generation than leaving the existing LUD of IS.
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(2) Changed Assumptions:
1. Applicant: The TLCP now assumes that protecting local communities and
enhancing quality of life, while simultaneously protecting local economic
resources and constraining growth to particular development areas is a more
effective tool for protecting Monroe County's scarce environmental
resources than simply attempting to reduce development overall. This
application seeks to build on these new assumptions and perpetuate the kind
of mixed use zoning that contributes to local neighborhood patterns of
growth.
Staff., Staff concurs and further asserts that the TLCP now prescribes that
allowing mixed use developments is an effective way to approach growth,
allowing for balancing environmental sensitivity with a need for housing,
particularly affordable and employee housing.
(3) Data Errors:
1. Applicant: MCC Section 9.5-213 states that the purpose of the Improved
Subdivision (IS) district is to accommodate the legally vested residential
development rights of owners of lots in subdivisions that were lawfully
established and improved upon prior to the adoption of the 1986 Land
Development Regulations. In fact, Snappers Restaurant has been actively in
use since the 1960s. As such, Snapper's Restaurant probably should have
been recognized when the IS land use designation was originally assigned to
this subdivision in 1986.
Overall, the various maps developed by past planning directors became more
accurate over time. However, some of the map errors we see today were a
result of these conversions. For example, the width of a district line as
depicted on the Kendig Maps represented approximately 200 ft on the
ground. Currently, with the adoption of GIS staff has the potential to
evaluate maps with greater precision than before and to correct these issues.
2. Staff.- At the time the land use map was adopted, Monroe County Planning
Staff was attempting to rectify issues of incongruence by homogenizing land
use districts in terms of the predominant use and does not have any evidence
that changing RU designated parcels to IS was an error -even if the current
use of the parcel was commercial. If a change is appropriate for these
parcels, it is due to changed projections, changed assumptions, and new
issues not due to data error.
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(4) New Issues:
1. Applicant: The Seaside Subdivision has seen increased development
between 1990 and 2007. While it appears that, like most of the Tavernier
corridor, this growth has been driven by demand for seasonal homes, it is
now clear that the Seaside Subdivision has the demographic needs of a more
mature community than it did in 1990. Although the subdivision is not fully
built -out and, given current demographic trends, is unlikely to be so, -the
three adjacent subdivisions can now be considered part of the local
"neighborhood". It follows that meeting the needs of that neighborhood is an
issue that needs to be addressed.
This proposed zoning and FLUM re -designation will positively impact the
demographic needs of the local community by allowing the kind of mixed
use development that enhances the neighborhood characteristic of a local
community. The proposed FLUM and zoning changes will allow for
continued public access to the waterfront. This will allow for continued use
of the local bar and restaurant while precluding yet another waterfront lot to
be converted to residences.
The proposed FLUM and zoning re -designation will assist with the mergence
of a local neighborhood culture because it is one of the only "hangouts"
within walking distance of the "Seaside subdivisions". Because of its
location this will reduce traffic to alternative recreational facilities along the
U.S. 1 corridor. Also, by rezoning the land use of the Snapper's Restaurant,
and its associated parking, this FLUM use and zoning change allows for the
potential establishment of on -site affordable employee housing, allowing
local workers to live in local communities.
Snapper's Restaurant is specifically mentioned in the TLCP as the kind of
commercial business that Monroe County now states it wants to protect (See
TLCP pg 64). FLUM and zoning re -designation will allow the applicant to
rebuild its property in the event of an extreme weather event.
2. Staff Regarding the parcels with the real estate numbers: 00491700.000000,
00491690.000000, and 00492290.000000 (adjacent to Seaside Rd) previous
staff reports reviewing these changes in 2002 stated that this change would
bifurcate a predominantly residential area with a commercial district. The
area is more accurately described as pockets of commercial and residential
development in an area with some environmental sensitivity and pockets of
native hammock and mangrove areas. Approving a land use change could
have the effect of limiting traffic on residential streets thus providing greater
cohesion for the commercial development —which would be beneficial, not
detrimental, to the area.
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(5) Recognition of a Need for Additional Detail or Comprehensiveness:
1. Applicant: The TLCP amendments to the Monroe County Comprehensive
Plan establish new priorities and make clear that there is a need for additional
detail of comprehensiveness regarding local communities in the Tavernier
corridor. At core, the new detail of comprehensiveness concerns the ability to
protect existing local economic resources and allow mixed use growth patters
in such communities that will protect and enhance the quality of life within
those communities.
Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states
that 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 offices may be perinitted at
intensities which are consistent with the community character and the natural
environment. The Monroe County land use category is intended to allow for
the establishment of mixed use development patterns that contribute to the
character of a neighborhood. The Seaside Subdivisions have reached a point
at which they have a neighborhood quality. Snapper's restaurant and
associated parking has served the needs of the local community for decades
and is now a local's favorite. The Snappers facility serves the needs of local
residents by providing them waterfront access and catering to their
recreational needs. As such, it can only be viewed as contributing to that
local "community character".
The TLCP and Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan will also make clear that Monroe County shall
implement measures to direct fixture growth away from environmentally
sensitive land and towards established development areas served by existing
public facilities. The Seaside Subdivisions are located in an established Tier
III development area which is well served by existing public facilities.
Regarding the four (4) U.S. Hwy I lots, new issue emerging from this zoning
and FLUM change application indicate that it would significantly reduce
density on these lots. This is because under the IS land use district zoning
rules, density regulations allow one unit per lot. See MCC 9.5-262. There
are currently four lots on US Highway -One in this application and all are
zoned IS. Consequently, the owners could build four market -rate units on
these lots. However, should the zoning designation for these lots be changed
to SC then market -rate density is allowable at the rate of 3 units per acre.
(See MCC 9.5-262). Assuming the lots remained separate, no units would be
allowable on parcels with real estate numbers RE 00491590, RE 00491600
and RE 00491610 because each is smaller than 1/3 of an acre. One unit
would be allowed on lot RE 00491760 because its size is .36 acres (assuming
the building could meet the stringent corner lot setback requirements).
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I Assuming the owners unified title and combined the three adjacent parcels
2 (RE 00491590; RE 00491600; and RE 00491610), one market rate unit could
3 be allocated for the combined acreage would be .34.
4
5 Thus, the effect of this rezoning and this FLUM redesignation would be to
6 reduce market rate density from four units to a maximum of two units and,
7 depending on fixture use, possibly just one market -rate unit. This is a
8 significant reduction in market rate density. While the Floor Area Ratio
9 increases slightly, from .25 for the IS land use designation to .35 for the SC
10 Iand use designation, this is a relatively insignificant increase when
11 compared to the reduction in density and its related effects upon hurricane
12 evacuation.
13
14 2. Staff: Staff generally concurs with the applicant's assertions, regarding the
15 parcels with the real estate numbers: 00491700.000000, 00491690.000000,
16 and 00492290.000000; and notes that this restaurant would also be
17 considered a water dependent use by the working waterfront IDO. The access
18 to waterfront for recreational boating to neighboring residences is the type of
19 use that Monroe County has stated consistently (in both the TLCP and
20 through the working waterfront IDO) that should be protected. This
21 recreational amenity is also the type of use which is considered ideal for a
22 mixed use community.
23
24 Regarding the four (4) U.S. 1 lots (having real estate numbers:
25 00491590.000000, 00491600.000000, 00491610.000000, and
26 00491760.000000) staff notes that Objective 101.19 of the Monroe County
27 Comprehensive Plan recognizes that there is an excess of platted lots in
28 Monroe County. Given this, US-1 is not the best place to the construction of
29 single family homes. However, staff cannot agree with some of the
30 remainder of the applicant justification. While it is true that the lots would
31 not have the right to submit for a detached market rate unit, the lots are large
32 enough to build up to two (2) attached or detached employee housing units.
33 Although this would be beneficial in terms of supplying employee housing, it
34 actually increases the number of trips for residential development. In addition
35 to the employee residential development, the lots could each have
36 commercial development of 1200 SF as of right at medium intensity use.
37 This would increase the trip generation along US-1, and as stated previously,
38 unless the applicant combines the contiguous lots under one (1) real estate
39 number, there is no way to stop the applicant from selling the lots separately
40 once the LUD & FLUM changes occur.
41
42 (6) Data Updates:
43 1. Applicant: None
44
45 2. Staff None
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C. Impact and Policy Analysis:
(1) Development Potential under Current Land Development Regulations
(LDRs):
Pursuant to MCC § 9.5-213, the purpose of the IS district is to accommodate the
legally vested residential development rights of the owners of lots in subdivisions that
were lawfully established and improved prior to the adoption of this chapter. For the
purpose of this section, improved lots are those which are served by a dedicated and
accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands
to accommodate the proposed use in accordance with the required setbacks. This
district is not intended to be used for new land use districts of this classification
within the county.
Except for the one single family home, the development currently on the subject
properties do not meet the purposes of the IS district and are lawfully nonconforming
uses. Please note that if the existing single family residence is lawfully established
that it can be rebuilt as a single family home pursuant to MCC 9.5-268.
(2) Development Potential with the Proposed LDRs:
Pursuant to MCC § 9.5-206, the purpose of the SC district is to establish areas for
commercial uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. This district should be established at
locations convenient and accessible to residential areas without use of U.S. 1.
Although the main access to the development would be from US-1, this restaurant is
also to serve the neighborhood and the adjacent resort.
D. Compatibility with Neighboring Land Uses and Effects on Community
Character:
Both residential and suburban commercial uses are compatible with the character of the
Seaside Subdivision community. Approximately 75% of the subdivision parcels are
zoned IS and approximately 23% are zoned SC, however most of the IS lots are vacant
and the SC lots are developed. Immediately adjacent to several of the subject parcels
are areas that are already zoned SC and have a FLUM designation of MC. The historic
and current use of the applicant properties is compatible with the neighboring
commercial properties.
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MCC § 9.5-511 maintains that amendments may not permit a change in community
character. The character of the immediate vicinity is a mixture of single-family
residential development and commercial development so this map amendment would
not change this character.
(1) Density and Intensity:
Pursuant to MCC § 9.5-262, the IS District allows one residential unit per lot. The
Suburban Commercial (SC) District allows three (3) residences per acre, however,
not as detached single family homes but as attached units. The SC district also allows
for employee housing at eighteen (18) units per buildable acre. While the current
proposal does not include additional residential units, staff must consider all possible
development when looking at a map amendment.
Sec. 9.5-262. Maximum residential densitv and district oven space.*
Allocated
Maximum
density
net density
DU/acre
DU/buildable
Open space ratio*
Land use district
area
Improved Subdivision (IS)
I/lot
0
0.2
6.0 DUI
buildable
Suburban Commercial (SC)
3.0/acre
area
0.2
Employee Housing
I:1
0.2
Sec. 9.5-269. Maximum nonresidential land use intensities and district open space.
Land use district
Maximum Floor
Area Ratio
Open space ratio*
Improved Subdivision (IS)
Low intensity
0.25(1)
0.20
Medium intensity
0.20(1)
0.20
Suburban Commercial (SC)
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
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There is no doubt that this change will allow for increased development of these
scarified parcels, however, there is no evidence to indicate that this development will
be detrimental to the area or effect any surrounding property owner in a negative way.
By allowing and regulating development on these parcels, there could be a decrease
in traffic on primarily residential streets which could benefit some surrounding
property owners.
(2) Effects on Natural Resources:
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall
direct future growth to lands which are intrinsically most suitable for development
and shall encourage conservation and protection of environmentally sensitive lands.
Future development would be required to comply with all Monroe County Code,
State and Federal environmental regulations.
As long as appropriate buffer yards and standards set forth in the Monroe County
Code are adhered to, the development of this parcel will not have a negative effect of
Natural Resources Goal 102.
(3) Effects on Public Facilities:
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by
existing public facilities. The proposed Land Use District Map amendment will not
affect Objective 101.11 and will encourage commercial development to remain on
disturbed lands rather than encroaching on environmentally sensitive areas.
(4) Consistency with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern:
Staff has determined that the proposed snap amendments are consistent with the
Principles for Guiding Development for the parcels having real estate numbers:
00491700.000000, 00491690.000000, and 00492290.000000. Specifically, Staff has
found that the amendment would further goal (d) to ensure the maximum well-being
of the Florida Keys and its citizens through sound economic development.
(5) Effects on Redevelopment/Infll Potential:
The subject property is developed. Most of the surrounding properties have been
developed, mainly by residential development although there are pockets of
environmentally sensitive hammock and mangroves.
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(6) CommuniKeys Master Plan
Objective 101.20 of the Year 2010 Comprehensive Plan asserts that Monroe County
shall address local community needs while balancing the needs of all Monroe County
communities.
Policy 101.20.1 states that each Community Master Plan will contain a framework
for future development and redevelopment of the community. Principle 8 states that
each Community Master Plan will include a community character element that will
address the protection and enhancement of existing residential areas and the
preservation of community character through site and building guidelines.
Staff finds that the proposed map amendment does not conflict with the goals of the
Tavernier Livable CommuniKeys Plan (TLCP) and that adopting the proposed map
amendments will further the goals of the TLCP.
II. FINDINGS OF FACT
(1) MCC § 9.5-511 (d)(5)(b) allows the Board of County Commissioners to
consider adopting an ordinance to enact map changes under six conditions:
changed projections; changed assumptions; data errors; new issues; recognition
of a need for additional detail or comprehensiveness; and data updates.
(2) In accordance with Section 9.5-511 (d) (5) (b), the proposal for the parcels
with the real estate numbers: 00491700.000000, 00491690.000000, and
00492290.000000 has met the following conditions:
(i) Changed Projections: The Key Largo region has experienced a decline in
the demand for single family residences, and an increased demand in transient
residences, including vacation rentals. When prior map amendment changes
were considered, any increase in development potential was considered a threat.
New planning philosophies encourage mixed use development, when
appropriate. The proposed map amendment will increase potential for
commercial development, as well as commercial apartments.
(ii) Changed Assumptions: The TLCP assumes that protecting local
communities and enhancing quality of life, while simultaneously protecting
local economic resources and constraining growth to particular development
areas is a more effective tool for protecting Monroe County's scarce
environmental resources than simply attempting to reduce development overall.
This application seeks to build on these new assumptions and perpetuate the
kind of mixed use zoning that contributes to local neighborhood patterns of
growth.
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I (iv) New Issues: The applicant asserts that the Sea Side Subdivision has seen
2 increased development in the past ten years. The contiguous properties to all
3 subject properties share the Suburban Commercial (SC) land use designation
4 with a Future Land Use Map designation of Mixed Use (MC). Therefore the
5 proposed change is now consistent with community character. Snapper's
6 restaurant has been identified in the TLCP as a cultural asset to be protected.
7 The adoption of the Land Use Map and FLUM change would allow for that to
8 occur in case of an extreme weather event.
9
10 (v) Recognition of a Need for Additional Detail or Comprehensiveness: The
11 trends concerning developments in the Seaside subdivision are consistent with
12 the goals outline in Policy 101.4.5 of the Monroe County Year 2010
13 Comprehensive Plan; and the TLCP and Objective 101.11 of the Monroe
14 County Year 2010 Comprehensive Plan
15
16 (3) MCC § 9.5-511 prohibits any map amendments that would negatively impact
17 community character. No negative impacts were identified by changing the
18 parcels with real estate numbers: 00491700.000000, 00491690.000000, and
19 00492290.000000 from 1S to SC.
20
21 (4) Objective 101.11 of the Year 2010 Comprehensive Plan directing future growth
22 away from environmentally sensitive lands and towards established
23 development areas served by existing public facilities is met as this parcel has
24 already been developed.
25
26 (5) Objective 101.20 of the Year 2010 Comprehensive Plan asserts that Monroe
27 County shall address local community needs while balancing the needs of all
28 Monroe County communities. This map amendment does not conflict with the
29 Livable CommuniKeys plan.
30
31
32 III. CONCLUSIONS OF LAW
33
34 (1) The proposed amendment, for the parcels having the real estate numbers
35 00491700.000000, 00491690.000000, and 00492290.000000, meet the criteria
36 set forth in MCC §9.5-511(d) (5) (b) (1), (ii), (iv) and (v).
37
38 (2) Pursuant to MCC § 9.5-511, community character may not be altered by an
39 amendment. The proposed map amendment, for the parcels having real estate
40 numbers 00491700.000000, 00491690.000000, and 00492290.000000, will not
41 have a negative impact on the character of the immediate vicinity.
42
43 (3) Based on the Findings of Fact, the proposed Land Use District designation of
44 Suburban Commercial (SC) and the proposed Future Land Use Map (FLUM)
45 designation of Mixed Use Commercial (MC) are appropriate for the parcels
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having real estate numbers 00491700.000000, 00491690.000000, and
00492290,000000.
(4) The proposed map amendments for the parcels having real estate numbers
00491700.000000, 00491690,000000, and 00492290.000000 are consistent with
the Principles for Guiding Development in the Florida Keys Area of Critical
State Concern.
IV. RECOMMENDED ACTION
Staff recotninends approval of the Board of County Commissioners to change the
Future Land Use Map Designation from Residential Medium to Mixed Use
Commercial for the parcels having real estate numbers 00491700.000000,
00491690.000000, and 00492290.000000.
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P1an\Dancing Bear FLUMIDancing Bear aka Snappers FLUM Amendment BOCC SR.doc
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9
RESOLUTION NO. 15; -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY DANCING BEAR PROPERTIES LLC TO AMEND THE
FUTURE LAND USE MAP (FLUM) DESIGNATION FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY
DESCRIBED AS SEASIDE PB1-97 KEY LARGO PT LOT 22
SQR 1 & RE -SUB SEASIDE PB2-10 KEY LARGO PT SQR 4
P132-10 A/K/A LOTS 1 & 2 SQR 4 PB1-97 & BAY BTM ADJ
TO LOTS l & 2 & PT GOV LOT 4 ADJ OCEAN VIEW BLVD
SEASIDE PB1-97 & PB2-10, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS 00491690.000000,
00491700.000000 & 00492290.000000,
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 THEREFORE, 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 recommendations
of the Planning Commission pursuant to 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 (1st) set of comprehensive plan amendments for 2008 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 regular meeting held on the 23rd day of May, A.D., 2008.
Mayor Mario DiGennaro Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
Commissioner Dixie Spehar Yes
Commissioner George Neugent No
Commissioner Sylvia Murphy No
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY 4��e�
Mario DiGennaro, Mayor
r,)k
AMST: DANNY L. KOLHAGE, CLERK
ol�-ktL L,- a� Gvrj��-
DEPUTY CLERK
MONROE COUHiY ATT�ANEY
APPR VEO A FORM
Date n
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