Resolution 382-1994
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RESOLUTION NO. 382-1994
Planning Department
A RESOLUTION DENYING A LAND USE DISTRICT MAP
AMENDMENT CHANGING THE LAND USE DESIGNATION
FOR KEY INVESTMENT AND DEVELOPMENT INC. (J.R.
CARTER) PROPERTY LEGALLY DESCRIBED AS LOTS I,
2 , 3 , AND 4 , BLOCK I, LARGO BEACH
SUBDIVISION, KEY LARGO, FROM IMPROVED
SUBDIVISION (IS) TO SUBURBAN COMMERCIAL (SC).
WHEREAS, Section 9.5-511 (c), Monroe County Code of Ordinanc-
es (Code), provides that the land development regulations (Chap-
ter 9.5 of the Code), including the land use district maps, may
be amended or changed at any time; and
WHEREAS, the Board of County Commissioners on February 28,
1986, designated Lots I, 2, 3, and 4, Block I, Largo Beach Subdi-
vision, Key Largo as Improved Subdivision (IS), and
WHEREAS, the Planning Department has initiated the requested
map amendment for the above described properties to change their
land use district designation from Improved Subdivision (IS) to
Suburban Commercial (SC); and
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WHEREAS t the Planning Department t s staff have reviewed the
proposed land use district map changes and recommended approval;
and
WHEREASt during the amendment processt the Development Review
Committeet after due notice and public participation in the hear-
ing process t has reviewed the proposed land use district map
changes and recommended approval; and
WHEREASt during the amendment processt the Monroe County
Planning Commissiont sitting as the local planning agencYt after
due notice and public participation in the hearing process t has
reviewed the proposed land use district map changes and the recom-
mendations of the Planning Department and the Development Review
Committee.
WHEREASt the Planning Commission has made the following Find-
ings of Fact and Conclusions of Law:
1. That the rezoning would constitute spot zoning due to the
fact that the surrounding properties are zoned Native Area
(NA) and Improved Subdivision (IS) which would make this one
parcel a small area of Suburban Commercial (SC) zoning; and
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2. The evidence presented demonstrates that Highway u.s. #1
provides a distinct barrier which separates the existing
commercial zoning on the opposite side of the highway from
the existing residential zoning and uses; therefore, we con-
clude that this property was not zoned (IS) by mistake; and
3. The existing Improved Subdivision (IS) zoning on this parcel
is consistent with the existing neighborhood uses and the
community character of this particular area; and
4. The unrefuted testimony and evidence presented by neighbors,
specifically Ms. Alice Allen, provided a traffic study, and
detailed the close proximity of this site to established
single family homes, and proved that the present zoning of
Improved Subdivision (IS) is consistent with the intent of an
Improved Subdivision (IS) district as outlined in the Monroe
County code; and
5. This Board finds Ms. Allen's testimony and evidence to be
both competent and substantial, and found it more persuasive
than the evidence presented by the planning staff; and
6. That the current zoning of Improved Subdivision (IS) already
allows for limited commercial use; and
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7. The current zoning is consistent with the Comprehensive Plan;
and
8. The small size of this parcel is inconsistent with large
scale planning concepts and should have alerted staff to a
potential problem of spot zoning; and
9. That to rezone this property to Suburban Commercial (SC)
would be of a greater private benefit to the property owner
than to the surrounding neighborhood in general; and
10. That there is no substantial competent evidence to demon-
strate either (1) a mistake in the original zoning, (2)
changed circumstances which could render the property unsuit-
able under its present zoning, and (3) the rezoning would
benefit the general public; and
WHEREAS,
Monroe County
property from
(SC); and
The Planning Commission has
Board of Commissioners deny
Improved Subdivision (IS) to
recommended that the
the rezoning of the
Suburban Commercial
WHEREAS, the Planning Department still recommends approval of
the property to be rezoned from Improved Subdivision (IS) to
Suburban Commercial (SC); and
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WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, has re-
viewed all of the above recommendations and now legislatively
acts thereon; and
WHEREAS, F.S. 380.0552(9) requires that the state land plan-
ning agency must approve all proposed land use district map chang-
es before such changes may become effective; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUN-
TY, FLORIDA: THAT
Section 1. This Board specifically adopts the findings of
facts and conclusions of law reached by the Planning Commission
as our own; and therefore
Section 2. The previously described property, as shown on
the attached map, which is hereby incorporated by reference, and
attached as exhibit 1, shows that the property is currently desig-
nated as Improved Subdivision (IS)and shall remain designated as
Improved Subdivision (IS).
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 22nd day of November , A. D., 1994.
Mayor Freeman yes
Mayor Pro-tem London yes
Commissioner Harvey no
Commissioner Douglass yes
Commissioner Reich no
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
cSL!~-F~
MAYOR/CH MAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~~~~4fA(/h~ )
EPUT CLER -
.,
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RESOLUTION 382-1994
Exhibit lof 1
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Key: Key Largo
MM: 91.5
Proposal: IS to SC
Property Description: Lots 1,2,3,4, Blk I, Largo Beach
1" =400'
ApplicantName:Key Investment & Dev.Inc./Carter
Map': 152,153,155,156 File Number: M93064