Resolution 084-2005RESOLUTION NO. 084 -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST BY THE LUJAN LIMITED
PARTNERSHIP TO AMEND THE FUTURE LAND USE DISTRICT MAP
(FLUM) FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL LOW
(RL) FOR THE PARCEL KNOWN AS THE "TRIANGLE PARCEL", AND
FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM)
FOR LOTS 6, 7, AND 8 OF THE KEY HAVEN'S NINTH ADDITION,
FURTHER DESCRIBED AS SECTIONS 25 AND 26, TOWNSHIP 67 SOUTH,
AND RANGE 25 EAST, RACCOON KEY, MONROE COUNTY, FLORIDA. THE
REAL ESTATE NUMBERS ARE: 00123170.000000, 00123220.000000,
00139360.000000, 00139350.000000, AND 00139340.000000.
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 property described above; and
WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners
support the requested future land use designation change;
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 (1 st) set of comprehensive plan amendments for 2005 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
special meeting held on the 23rcbf February , 2005.
Mayor Dixie Spehar Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner David P. Rice Yes
Commissioner E. Nelson Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
(Seal)...
ATTEST: DANNY L. KOLHAGE, CLERK
— Defuty Clerk
MAYOR DIXIE M. SPEHAR
MONROE COUNTY ATTORNEY
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ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE REQUEST BY THE LUJAN LIMITED
PARTNERSHIP TO AMEND THE FUTURE LAND USE DISTRICT MAP (FLUM)
FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL LOW (RL) FOR
THE PARCEL KNOWN AS THE "TRIANGLE PARCEL", AND FROM MIXED USE
COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR LOTS 6, 7, AND 8
OF THE KEY HAVEN'S NINTH ADDITION, FURTHER DESCRIBED AS
SECTIONS 25 AND 26, TOWNSHIP 67 SOUTH, AND RANGE 25 EAST,
RACCOON KEY, MONROE COUNTY, FLORIDA. THE REAL ESTATE
NUMBERS ARE: 00123170.000000, 00123220.000000, 00139360.000000,
00139350.000000, AND 00139340.000000.
WHEREAS, the Monroe County Board of County Commissioners, during a special meeting held on
February 23, 2005 conducted a review and consideration of the request filed by the Lujan Limited
Partnership to amend the Future Land Use District Map (FLUM) from Mixed Use Commercial (MC) to
Residential Low (RL) for the parcel known as the "Triangle Parcel", and from Mixed Use Commercial
(MC) to Residential Medium (RM) for lots 6, 7, and 8 of the Key Haven's Ninth Addition, further described
as sections 25 and 26, Township 67 South, and Range 25 East, Raccoon Key, Monroe County, Florida. The
Real Estate Numbers are: 00123170.000000, 00123220.000000, 00139360.000000, 00139350.000000, and
00139340.000000. and
WHEREAS, at its August 19, 2004 meeting in Marathon, the Development Review Committee
reviewed the application and recommended approval of this Future Land Use Map amendment as outlined in
the DRC Resolution D29-04; and
WHEREAS, based on the recommendation of the Development Review Committee, the staff
recommended approval of the application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on February 9, 2005.
Based on the facts presented at the meeting, the Planning Commission recommended approval of the request
as outlined in the Planning Commission Resolution P69-04; and
WHEREAS, after further review of the application and consideration of facts, staff recommended
approval to the Board of County Commissioners as indicated in the Staff Report dated February 10, 2005;
and
WHEREAS, the Board of County Commissioners further reviewed the application and made the
following Finding of Facts:
1. Section 9.5-51 l (d)(5) b. of the Monroe County Code (MCC) allows the Board of County Commissioners
to consider adopting an ordinance to enact map changes under six listed conditions.
2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-51 l(d) (5) b. (v)
of the MCC). The application was initiated by the applicant in order to change the subject property's land
use designation to a land use district that corresponds with the residential character of Key Haven
Subdivision.
3. The pre-1986 zoning of the subject properties was BU-1 (Light Business District) and RU-1 (Single
Family Residential District).
4. During the 1986 Comprehensive Plan process, the land use (zoning) districts of the subject properties
were changed to IS and SR but later, the "Triangle Parcel" and lots 1 though 8 in the Ninth Addition
were changed to SC.
5. Based on MCC section 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.
6. 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.
7. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan (Comp Plan) shows
that most of Key Haven has a FLUM designation of Residential Medium (RM). Additionally, it is
assigned a zoning designation of (IS), consistent with the FLUM.
8. Section 9.5-511 of the MCC prohibits any map amendments that would negatively influence community
character.
Policy 101.4.3 of the Comp Plan states that development within this (Residential Medium) land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel, which existed
at the time of plan adoption. Section 9.5-213 of MCC states, "This district is not intended to be used for
new land use districts of this classification within the county."
10. None of the lands which are the subject of this application except lots 6, 7, and 8, are platted.
11. Pursuant to MCC section 9.5-207, the purpose of the Suburban Residential zoning district is to establish
areas of low -to medium -density residential uses characterized principally by single-family detached
dwellings.
12. Objective 101.11 of the Comp Plan states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
13. The 2004 Public Facilities Capacity Assessment Report and the listed programs on storm water and
wastewater indicate that there are no significant concerns regarding impacts on public facilities.
14. Goal 102 of the Comp 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.
15. Policy 101.4.3 of the Comp Plan states that the principal purpose of Residential Medium land use
category is to recognize those portions of subdivisions that were lawfully established and improved prior
to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and
accepted existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Development within this land use category shall be limited to one
residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption.
2
16. Based on the community character, Future Land Use Map designation of Residential Low (RL) and
zoning district of Suburban Residential (SR) are preferred alternatives to the existing MC/SC land use
designation for the Triangle Parcel; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. The map amendments to RM for all the parcels except lots 6, 7, and 8 of the Ninth Addition are
inconsistent with Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan regarding
creation of new lots, and therefore, cannot be supported.
2. Based on the zoning and land use history, during the 1986 Comprehensive Plan process, staff supported
and approved a land use change for lots 3 through 10 of the Ninth Addition to RM. Therefore, staff finds
that based on the historic evidence, a map amendment to change the Future Land Use Map of lots 6, 7,
and 8 to RM from the existing MC is consistent with Policy 101.4.3 of the Comp Plan and the MCC.
3. For the Triangle Parcel, the map amendment to SR/RL meets the requirements outlined in MCC sections
9.5-511(d)(5)b.(v) and 9.5-215 and will not negatively impact or alter the character of the subject
property or the neighborhood and is supported by the staff.
4. The Future Land Use Map amendments from MC to RL for the Triangle Parcel and RM for lots 6, 7, and
8 of the Ninth addition support Objective 10 1. 11 of the Comp Plan based on the findings of the 2004
Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater.
With the exception of fire safety infrastructure as outlined in the letter from the Assistant Fire Marshal
dated May 03, 2004, there are no significant concerns regarding impacts on public facilities.
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 property AKA "Triangle Parcel", which is currently designated Mixed
Use/ Commercial (MC) shall be designated Residential Low (RL) and lots 6, 7, and 8, shall be designated
Residential Medium (RM); all other parcels that are part of this application shall remain unchanged as shown
on 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. 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. 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 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.
Section 8. This ordinance is hereby transmitted by the Planning Department to the Department of
Community Affairs for review and comment pursuant to Chapter 163, Florida Statutes.
Section 9. The Monroe County Staff is authorized 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special
meeting held on the day of , A.D., 2005.
Mayor Dixie M. Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner P. David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Im
(SEAL)
Mayor Spehar
ATTEST: DANNY L. KOLHAGE, CLERK MOMWCOW W ATWNEY
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DEPUTY CLERK
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Proposed Future Land Use Map Amendment: Street Map
Key: Key Haven
Mile Marker: 5.5
Proposal: Change Future Land Use District from Mixed Use Commercial (MC)
to Residential Low (RL) and Mixed Use Commercial (MC) to Residential
Medium (RM)
Property Description: RE 123170, 123220, 139360, 139350, 139340
Map Amendment: M24066
Land Use District Map #: 575 and 576
EXHIBIT 1
Proposed Future Land Use Map Amendment: Aerial
Key: Key Haven
Mile Marker: 5.5
Proposal: Change Future Land Use District from Mixed Use Commercial (MC)
to Residential Low (RL) and Mixed Use Commercial (MC) to Residential
Medium (RM)
Property Description: RE 123170, 123220, 139360, 139350, 139340
Map Amendment: M24066 Land Use District Map #: 575 and 576
500
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EXHIBIT I
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
Key: Key Haven indicated above and briefly described as:
Mile Marker: 5.5
Proposal: Change Future Land Use District from Mixed Use Commercial (MC)
to Residential Low (RL) and Mixed Use Commercial (MC) to Residential
Medium (RM)
Property Description: RE 123170, 123220, 139360, 139350, 139340 Soo
Feet
Map Amendment: M24066 Land Use District Map #: 575 and 576