Item B1
.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 22.2005 Division: Growth Management
Bulk Item: Yes - No -L.. Department: Planning Department
AGENDA ITEM WORDING: The second of two public hearings to consider an amendment to the
Future Land Use Map (FLUM) and the Land Use District (zoning) Map for THE LUJAN LIMITED
PARTNERSHiP to amend the FLUM from Mixed Use/ Commercial (MC) to Residential Low (RL) for
the parcel known as "Triangle Parcel" and from Mixed Use! Commercial (MC) to Residential Medium
(RM) for lots 6, 7, and 8 of the Ninth Addition; and to amend the Land Use District Map from Sub
Urban Commercial (SC) to Sub Urban Residential (SR) for the ''Triangle Parcel" and from Sub Urban
Commercial (SC) to Improved Subdivision (IS) for lots 6, 7. and 8.
ITEM BACKGROUND: The first public hearing or "transmittal hearing" was held on February 23,
2005. At that meeting the BOCC recommended approval for both the FLUM amendment and the
corresponding Land Use District Map amendment. The Planning Department, upon the instruction of the
BOeC, transmitted the proposed amendments to the Department of Community Affairs (DCA) for
consideration. On September 6. 2005, the DCA notified that they reviewed and have raised no objections
to the proposed amendments.
PREVIOUS REVELAl~T BOCC ACTION: Adopted Transmittal Resolution 84-2005 on February 23,
2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: APPROVAL
TOTAL COST: NiA BUDGETED: Yes N/A No
COST TO COUNTY: N/A SOURCE OF FUNDS N/A
REVENUE PRODUCING: Yes NI A No - - Year
-
APPROVED BY: County Attorney --X- NiA
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TlON: Included -L Not Required_
DISPOSITION: AGENDA ITEM # 13- \
PROPOSED FUTURE LAND USE MAP AMENDMENT
MIXED USE COMMERCIAL (MC)
TO
RESIDENTIAL LOW (RL) AND RESIDENTIAL MEDIUM (RM)
&
PROPOSED LAND USE DISTRICT (ZONING) MAP AMENDMENT
SUBURBAN COMMERCIAL (SC) TO SUBURBAN RESIDENTIAL (SR) AND
IMPROVED SUBDIVISION (IS)
This Map Amendment is for changes to the Future Land Use Map (FLUM) designation
from Mixed Use! Commercial (MC) to Residential Low (RL) for the "Triangle Parcel" and from
Mixed Use! Commercial (MC) to Residential Medium (RM) for lots 6, 7, and 8; and Land Use
District Map amendment from Sub Urban Commercial (SC) to Sub Urban Residential (SR) for
the "Triangle Parcel" and from Sub Urban Commercial (SC) to Improved Subdivision (IS) fOf
lots 6, 7, and 8 of Key Raven's Ninth Addition described by the Real Estate Nwnbers:
00123170.000000, 00123220.000000, 00139340.000000, 00139350.000000, and
00139360.000000, Key Raven (Raccoon Key), Monroe County, Florida.
FUTURE LAND USE MAP RECOMMENDA nONS
Staff: Approval August 16, 2004 Staff Report
DRC: Approval August 19, 2004 DRC Resolution D29-04
PC: Approval February 9, 2005 PC Resolution P69-04
BOCC: Approval February 23, 2005 BOCC Resolution 84-2005
ZONING RECOMMENDA TlON
Staff: Approval August 16, 2004 Staff Report
DRC: Approval August 19, 2004 DRC Resolution D29-04
PC: Approval February 9,2005 PC Resolution P69-04
BOCC: Approval February 23, 2005 BOCC Resolution 84-2005
Boec Ordinance to Amend the
Future Land Use Map (FLUM)
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 LA..T\jTI 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 HA VEN'S NINTH ADDITION, FURTHER DESCRIBED AS
SECTIONS 25, TOWNSHIP 67 SOUTH, AND RANGE 25 EAST, RACCOON KEY,
MONROE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF CONFLICTS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS.
WHEREAS, the Monroe County Board of County Commissioners, during a spt,'cial 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, Township 67 South, and Range 25 East, Raccoon Key, Monroe County, Florida. The Real
Estate Numbers arc: 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:
l. Section 9.5-51 I (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 reco!"rnizes a need for comprehensiveness in planning (Section 9.5-5Il(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 com:'sponds with the residential character of Key Haven
Subdivision.
I
3. The pre-1986 zoning of the subject properties was BU-1 (Light Business District) and RU.l (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 I 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. I.
6. TIle principal purpose of the Mixed Usei Commercial (MC) land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and oflice 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 intluence community
character.
9. 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 101.1 1 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 b'Towth 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 suHicicnt 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 Department of Community Affairs made no objections, recommendations, or
conmlents regarding the proposed map amendment; and
WHEREAS, the Board of County Commissioners held the second of two public hearings on the
proposed map amendment on September 22, 2005; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
l. 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, based on
the historic evidence, a map amendment to change the Future Land Use Map of lots 6, 7, and 8 to
Residential Medium (RM) from the existing Mixed Use! Commercial (MC) is consistent with Policy
to 1.4.3 of the Year 201 0 Comprehensive Plan and the Monroe County Land Development Re!,'1.llations
and therefore, is supported by the BOCC.
2. For the Triangle Parcel, the map amendment to Residential Low (RL) meets the requirements outlined in
sections 9.5-51 1 (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 and the BOCC.
3. 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 101.11 of the Comp Plan based on the findings of the 2005
Public Facilities Capacity Assessment Report and the listed programs on stonnwater and wastewater.
With the exception of tire 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 THf:REFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA, THAT:
Section 1 . 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 (Me) shall be desib'1lated Residential Low (RL) and lots 6, 7, and 8, shall be designated
Residential Medium (RM) 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 deline-dted in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held
invalid, the remainder oftIus ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinance in connict with this ordinance are hereby repealed to the
extent of said cont1ict. 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 shall be tiled 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.
3
Section 7. 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 8. 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- 1 1.011 of the
Florida Administrative Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a spt."Cial
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
BY
Mayor Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK L~~~
i
DEPlHY CLERK
4
"Exhibit 1"
EXHIBIT 1
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 (Me)
to Residential Low (RL) and Mixed Use Commercial (Me) to Residential
Medium (RM)
Property Description: RE 123170, 123220, 139360, 139350, 139340
Map Amendment: M24066 Land Use District Map #: 575 and 576
EXHIBIT 1
r:::::q MCta RL
tZZl MC to RM
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 (AM)
Property Description: RE 123170, 123220, 139360, 139350, 139340 500
I I
Feet
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 500
I I
Feet
Map Amendment: M24066 Land Use District Map #: 575 and 576
BOCC Ordinance to Amend the
Land Use District (Zoning) Map
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE REQUEST BY THE LUJAN LIMITED
PARTNERSHIP TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM
SUBURBAN COMMERCIAL (SC) TO SUBURBAN RESIDENTIAL (SR) FOR THE
PARCEL KNO\VN AS THE "TRIANGLE PARCEL", AND FROM MIXED USE
COMMERCIAL (MC) TO IMPROVED SUBDIVISION (IS) FOR LOTS 6, 7, AND 8
OF THE KEY HA VEN'S NINTH ADDITION AND FURTHER DESCRIBED AS
SECTIONS 25, TOWNSHIP 67 SOUTl-I, AND RANGE 25 EAST, RACCOON KEY,
MONROE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTfVE DATE; PROVIDING FOR CONFLICTS REPEALED;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFF AIRS.
____.__._........__._................m........~........_u_..._.._.......__.._
WHERI':AS, the Monroe County Board of County Commissioners, during a special meeting held on
Fcbruary 23, 2005 conducted a review and consideration of the rcquest filed by the Lujan Limited
Partnership to amend the Land Use District Map from Suburban Commercial (SC) to Suburban
Residential (SR) for the parcel known as the "Triangle Parcel", and from Mixed Use Commercial (MC) to
Improved Subdivision (IS) for lots 6, 7, and 8 of the Key Haven's Ninth Addition and further described as
sections 25, 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 Land Use District Map Amendment as outlined
in the DRC Resolution No. D29-04; and
WHEREAS, based on the recommendation of the Development Review Committee, 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 No. P69-04; and
WHI':REAS, 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 Findings of Facts:
I. Section 9.5-51 1 (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 9.5-511 (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.
1
3. The pre-1986 zoning of the subject properties was BU-l (Light Business District) and RU-l (Single
Family Residential District).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties
were changed to IS and SR but later, the "Triangle Parcel" and lots I though 8 in the Ninth Addition
were changed to sc.
5. Based on MCC section 9.5-206, the purpose of the se 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 Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan (eomp Plan) shows
that most of Key Haven has a FLUM designation of Residential Medium (RM). Additionally, it is
assigned a zoning desi!,l11ation of (IS), consistent with the FLUM.
7. Section 9.5-511 of the MCC prohibits any map amendments that would negatively influence community
character.
8. 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 and Section 9.5-213 ofMCC states, "This district is not intended to be used
for new land use districts of this classification within the county."
9. None of the lands which are the subject of this application except lots 6, 7, and 8, are platted.
10. Pursuant to MeC 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.
11. 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.
12. The 2004 Public Facilities Capacity Assessment Report and the listed programs on storm water and
wastewater indicates that there are no significant concerns regarding impacts on public facilities.
13. Goal 102 of the Comp Plan states that Monroe County shaII direct future growth to lands which are
intrinsically most suitable for development and shall encourage conservation and protection of
environmentally sensitive lands.
14. 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{}lan ado?tion.
15. 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 MCtSC land use
designation for the Triangle Parcel; and
2
WHEREAS, the Board of County Commissioners held the second of two public hearings on the
proposed map amendment on September 22, 2005; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. 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 IS. Therefore, based on the
historic evidence, a map amendment to change the land use district of lots 6, 7, and 8 to IS from the
existing SC is consistent with Policy 101.4.3 of the Year 2010 Comp Plan and the Land Development
Regulations.
2. For the Triangle Parcel, the map an1endment to SR 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.
3. The map amendments from SC to SR for the Triangle Parcel and IS for lots 6, 7, and 8 of the Ninth
addition support Objective 101.11 of the Comp Plan based on the findings of the 2005 Public Facilities
Capacity Assessment Report and the listed programs on stonnwater 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 sihrnificant concerns regarding impacts on public facilities.
NOW THEREFORE, BE IT ORDAINED BY TIlE 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
Suburban Commercial (SC) shall be designated Suburban Residential (SR) and lots 6, 7, and 8, that are
currently designated (SC) shall be designated Improved Subdivision (IS); which is hereby incorporated by
reference and attached as "Exhibit 2".
Section3. The Land Use District Map of the Monroe County 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 aflected 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 shall be transmitted by the Planning Department to the Department of Community
AtTairs pursuant to Chapter 380, Florida Statutes.
Section 7. This ordinance shall be filed in the OtIice 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 AiTairs or Administration
Commission Approving the ordinance.
3
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
BY
Mayor Spehar
(SEAL)
A TrEST: DANNY L. KOLHAGE, CLERK L ~~j,~1
DEPUTY CLERK
4
"Exhibit 2"
EXHIBIT 2
Proposed land Use District Map Amendment: Street Map
Key: Key Haven
Mile Marker: 5.5
Proposal: Change Land Use District from Suburban Commercial (SC) to
Improved Subdivision (IS) and Suburban Commercial (SC) to Suburban Residential (SR).
Property Description: RE 123170, 123220, 139360,139350,139340
Map Amendment: M24066 Land Use District Map #: 575 and 576
EXHIBIT 2
Proposed land Use District Map Amendment: Aerial
Key: Key Haven
I"
Mile Marker: 5.5
Proposal: Change Land Use District from Suburban Commercial (SC) to
Improved Subdivision (IS) and Suburban Commercial (SC) to Suburban
Residential (SR).
500
Property Description: RE 123170, 123220, 139360, 139350, 139340 I I
Feel
Map Amendment: M24066 Land Use District Map #: 575 and 576
EXHIBIT 2
.
~-.' _.~.., .... '.' '..~_.._.. -..-.
SR
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....... .......... .--
I
J ........~ ..--.
. ...,- .....- ~ SCtolS
..----
.-..-_.
, --- -.'
-- --,- ---.,,/:'._----- .----.. -----......-.... ["'TIl SC to SA
..."...
fl"u : / ,
I 2625
,
,
:' 3536 SOCA CHICA CH./tHNEL
.,.__.. . yR............ .......__ "..._ ,,JJ
~."'--', ...-..',.....,-..~.,'".._-- ----
The Monroe County Land Use District Map is proposed to be
Key: Key Haven amended as Indicated above and briefly described as:
Mile Marker: 5.5
Proposal: Change Land Use District from Suburban Commercial (SC) to
Improved Subdivision (IS) and Suburban Commercial (SC) to Suburban Residential (SR).
Property Description: RE 123170,123220,139360,139350,139340
Map Amendment: M24066 Land Use District Map #: 575 and 576
BOCC Staff Report
MEMORANDUM
TO: The Board of County Commissioners
FROM: K. Marlene Conaway,
Director of Planning and Environmental Resources
RE: Key Haven (Raccoon Key) Future Land Use Map (FLUM) and Land Use District
(Zoning) Map Amendments
Date: September 6, 2005
MEETING DATE: September 22, 2005
EXISTING FUTURE LAND USE DESIGNATION: Mixed U se/Commercial (MC)
PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM) and
Residential Low (RL)
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS) and Sub
Urban Residential (SR)
PROPERTY OWNER: The Lujan Limited Partnership
AGENT: Donald L. Craig, AICP, the Craig
Company
PROPERTY INFORMATION:
Key: Raccoon Key
Size: Variable
Mile Marker: MM 6 of U.S. Highway No. ]
Location Detail & Brief Description: The subject lands include:
a. A parcel of land known a,<; the "Triangle Parcel" (unplatted), bounded by Key Haven
Road, AlImanda Drive, Key Haven Boulevard, and U.s. Hwy. 1 right-of-way and further
described as a parcel of land located in Section 25, Township 67 South, and Range 25
East, Monroe County, Florida, and identified with the Real Estate Numbers
00123170.000000 and 00123220.000000; and
I
b. Lots 6, 7, and 8 of the Key Haven's Ninth Addition, PB5-113, Raccoon Key, Monroe
County, and identified with the Real Estate Numbers 00139340.000000,
00139350.000000, and 00139360.000000.
Background: The first public hearing or "transmittal hearing" was held on February 23, 2005. At
that meeting the BOCC approved both the FLUM amendment and the corresponding Land Use
District Map amendment. The Planning Department, upon the instruction of the BOCC, transmitted
the proposed amendments to the Department of Community Affairs (DCA) for consideration. On
September 6, 2005, the DCA notified that they reviewed and have raised no objections to the
proposed amendments.
Existing Use: All the lands which are the subject of this application are vacant.
Existing Habitat: The "Triangle Parcel" does meet the criteria for wetland delineation as listed in
the Florida Statutes and thus will be considered a low quality wetland by Monroe County. This
parcel contains several native tree species as well as sporadic algal mats. In addition, the
northeastern comer of this parcel contains an area of mangroves. This area begins approximately
200 feet from the northeastern comer of the property and runs an approximate length of 180 feet
along the eastern property line. The area of mangroves has a width at its greatest point of
approximately seventy (70) feet and at its least point of sixty (60) feet. Section 9.5-347 of the Code
requires an open space of 100% in a mangrove area. This area of the parcel will be considered
unbuildable by Monroe County and will not be counted towards density calculations. The
remainder of the property will be considered a low quality wetland. This designation does not
prohibit development, however, Monroe County Code Section 9.5-348 requires that a setback of
fifty (50) feet be maintained as an open space buffer between any development occurring adjacent
to all types of wetlands and the wetland line. This requirement is superceded by permits from the
Army Corps of Engineers (ACOE). Thus, letters of coordination from both the Department of
Environmental Protection (DEP) and The Army Corps of Engineers (ACOE) will be required for
any development that occurs on this parcel. As this parcel is not bordered by a water body, no
shoreline setback will apply. This parcel is located within the proposed Tier 3 zoning overlay. This
lot is served by all public utilities and is not considered habitat for any listed animal species or
located within an acquisition area for preservation. This parcel is completely within the AE 9 flood
zone per FIRM panel I 728-H, effective, date March 3, 1997.
Lots 6, 7 and 8 are filled upland lots that border a dredged canal and those shorelines are defined as
altered for setback purposes. These three parcels do exhibit some wetland vegetation, however staff
could not locate other indicators such as hydric soils or algal growths. As this does not meet State
of Florida Statutes for wetland classification they will not be considered wetlands by Monroe
County. The Army Corps of Engineers (ACOE) does not use the state wetland criteria and thus
may still consider these parcels to be wetland and may require mitigation prior to development.
These three parcels are located within the proposed Tier 3 zoning overlay. These lots are served by
all public utilities and are not considered habitat for any listed animal species or located within an
acquisition area for preservation. These lots fall completely within the AE 9 flood zone per FIRM
paneI1728-H, effective, date March 3,1997.
2
Land Use and Habitat on the 1985 Existing Conditions Aerials: Sheet 14 and 17 of the 1985
Existing Conditions Aerials show all of the above listed parcels to be vacant. They also assign a
habitat code of 740 to the parcels herein called "Triangle, and lots 6, 7, and 8" which indicates that
these areas were considered disturbed with no habitat value.
Land Uses and Neighborhood Character: Raccoon Key is located north of Stock Island, across
from U.S. Hwy 1 and east of the City of Key West. It is separated from the City by a narrow section
of Florida Bay. The City's major public and private uses including the Florida Keys Community
College, the Lower Keys Memorial Hospital, and the golf course are located in the proximity of the
Key Haven Subdivision. Key Haven Subdivision is an upscale single-family residential community
with over 400 homes. The subdivision was built in different phases or additions over several years.
The average lot size in Key Haven is 0.20 acres.
Only three relatively small portions of the subdivision are not zoned for residential use. These
consist of a wetland area in the Sixth Addition and Gov., lots 1 and 2 in the area known as Little
Raccoon Key, zoned NA (Native Area District), lots 9 and lOin the Ninth Addition used as a small
community park, zoned PR (Parks and Recreation District), "Triangle Parcel" and lots I to 8 of Key
Haven Ninth Addition are zoned SC for commercial uses (a Service Station is located on lots I and
2). The rest of Key Haven parcels are zoned IS or SR.
ZONING AND LAND USE HISTORY:
Pre-1986 Zoning: A records search indicated that the "Triangle Parcel" and lots 6, 7, and 8 of the
Ninth Addition were all zoned BU-l (Light Business District) since the inception of Monroe County
zoning until 1986 when the land use designation changed. The owner of the property acquired the
three parcels in 1963 by a receiver's deed, which was issued by order of the Circuit Court of
Monroe County. Throughout these years and until 1986, the owner was assessed taxes based on
commercial usage.
Pursuant to Section 19-216 of the pre-1986 zoning code, the BU-l zoning category was intended to
". .. protect and enhance the areas best suited for the preservation of business related to
neighborhood, tourist and resort, retail sale and business, and personal and professional services".
Principal uses permitted in BU-I zoning district included: club and lodges, hospitals, clinics,
medical and dental laboratories, funeral homes, crematoriums and mortuaries. Retail sales and
services were permitted upon special approval.
Considerations During the 1986 Comprehensive Plan Process: During the 1986 comprehensive
planning process, one of the primary objectives was to reduce densities of the unincorporated
county in an effort to prevent over-development and to protect resources. As part of the
comprehensive planning process, the Planning Department considered changes to the existing
Zoning Map. Upon review of this property, the Planning Staff determined that it was prudent to
change the zoning of the "Triangle Parcel" to SR (Sub Urban Residential). Lots 1 and 2 to SC and 3
through 10 of the Ninth Addition were changed to IS.
On January 30, 1986, a hearing before the Board of County Commissioners was held to review the
zoning map changes with respect to this and many other properties throughout the County. Mr.
-.
.'
Robert J. Paterno, representing Arthur and Betty Lujan, the owners of these lands, requested that
changes be made to lots 3 to 8 of the Ninth addition, "Triangle Parcel", "Parcel B" and "Parcel C"
to create an opportunity for development of large-scale resort/tourist housing. After a lengthy
discussion involving strong objections from the individual property owners and the Key Haven
Civic Association, the Board voted and approved SC zoning for the "Triangle Parcel", lots 1 though
8 in the Ninth Addition, and "Parcel C". Lots 9 and 1 0 were rezoned from IS to PR to be used for a
community park, but "Parcel B" remained unchanged as SR.
Later on, the assignment of SC to "Parcel C" was found to be a demarcation error and therefore, the
land use district was changed to SR in an effort to provide a continuous residential use around the
boat basin, east of the Key Haven Boulevard and South of Key Haven Terrace.
Changes to Boundary Considerations Since 1986: No recorded boundary changes were found for
the subject parcels.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5)( b):
Changed Projections or Assumptions: Regarding the existing commercially zoned land on Key
Haven, the applicant states that the original projections were made based on a build out of
approximately 1,400 lots, and substantial water-related and waterfront commercial uses. It is stated
in the application, "the original potential was never realized due to changes in Federal, State and
County law". The applicant acknowledges that more than 850 of these lots are either native habitat
or unfilled bay bottom, and therefore, unbuildable. According to the application, of the remaining
buildable lots, 418 contain single-family homes.
With regard to commercially zoned lands, 10.3 acres of land is currently zoned for commercial use,
from which 9.2 acres were rezoned at the owners request to SC in 1986 and during the
Comprehensive Planning process. As mentioned earHer in this report, Staff had recommended that
SR would be most appropriate for all these parcels, except lots 1 through 8 of the Ninth Addition.
The request for SC designation by the applicant was based on the premise that eventually a resort
type development will be built in that location. Subsequently, in 1989, the owner applied for an
amendment to a major conditional use to build a development named Key West Inn and Ocean
Club. The proposed resort contained five inn buildings with 114 hotel units, 17 villas (single family
homes) and duplexes, a clubhouse, a beach house, a Gazebo, three tennis courts, three racquetball
courts, a swimming pool, a swimming area with dock, a marina with 40 boat slips, Main building
including 7200 square feet for a restaurant, Employee housing, office space, lounge, and guard
house located at entrance along Key Haven Road. The project was denied by the Planning
Commission. Subsequently, the applicant filed an appeal that was denied in 1992.
Presently, commercial development in the unincorporated Monroe County is governed by Non-
residential Rate of Growth Ordinance (NROGO), which limits the amount of non-residential floor
area allocation to 2,500 SF for one site. Under the NROGO Ordinance, a site can transfer a
maximum of 4,000 SF of commercial floor area from an approved sender site through a minor
conditional use. Except in UC (Urban Cornmercial) land use districts, an existing structure can not
receive an allocation that expands the structure to more that ten thousand (10,000) SF of
nonresidential floor area.
4
The evidence since the implementation of NROGO indicates that demand for commercial
development in Monroe County has been growing. In the unincorporated Monroe County, the
Livable Communi keys Program (currently underway for Stock Island and Key Haven), is the proper
setting to address each community's needs including commercial and business sustainability. Based
on the evidence from previous facilitated community meetings, the residents of Key Haven have
expressed little or no interest in expansion of commercial uses in Key Haven. It is expected that the
Livable Communikeys Program for Key Haven and Stock Island respond to these needs through
policies and regulatory strategies that will be fully integrated and consistent with the County and
each of the island communities in terms of economic development, quality of life, and protection of
the environment.
Since 1986, Staff has not supported the SC zoning for the "Triangle Parcel" in Key Haven. During
the Comprehensive Planning process, with the guidance of the consultants assisting the Department,
Staff recommended commercial zoning only for lots 1 and 2, IS for lots 3 through 10 of the Ninth
Addition, and SR for the rest of the parcels. The expansion of SC designation to other parcels was
initiated by the property owner.
While the assumption on which the current designation was based may have changed, the
comprehensive plan still dictates the land use for the area. The development potential of the
subdivision is more thoroughly discussed later in this report.
Data Errors: None.
New Issues: None.
Recognition of a Need for Additional Detail or Comprehensiveness: As part of any applicant~
initiated proposed land use amendment, a recommendation by the Planning Department to approve
the land use change request must be based on the following determinations:
l. that there is a reason, pursuant to Section 9.5-511, MCC, that is based on competent and
substantial evidence, to change the land use from its current designation to the proposed one;
and
2. that after determining the development potential in each of the categories, the impacts of the
development potential in the proposed category is compatible with the surrounding uses and
community character; and
3. that the impacts associated with the development allowed in the proposed category are
consistent with the goals, objectives and policies of the 2010 Comprehensive Plan.
In reviewing the 2010 Comprehensive Plan for this request, it is readily apparent that a FLUM
category that allows primarily residential uses may be the one that is most consistent with the
overall goals guiding future land use. The 2010 Comprehensive Plan and Land Development
Regulations describe the intent of each of the following land use categories that will be considered
in the analysis of the request:
5
Mixed Use/Commercial (MOl Sub Urban Commercial (SO.' The principal purpose of the Mixed
Use/ Commercial 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 permitted; however, heavy industrial uses and similarly
incompatible uses shall be prohibited (Policy 101.4.5).
Residential Low (RL)I Sub Urban Residential (SR): The principal purpose of the Residential Low
land use category is to provide for low-density residential development in partially developed
areas with substantial native vegetation (Policy 101.4.2). One of the three corresponding zoning
categories is Sub Urban Residential. The others are SR-L and SS.
The purpose of the Sub Urban Residential zoning district, according to Section 9.5-207 of the
Monroe County Code is to establish areas of low-to medium-density residential uses characterized
principally by single-family detached dwellings. This district is predominated by development;
however, natural and developed open space creates an environment defined by plants. spaces and
over-water views.
Residential Medium - Improved Subdivision: Policy 101.4.3 of the Comprehensive 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 ohm adoption. Lands within this land
use category shall not be further subdivided.
According to Section 9.5-213, MCC, 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.
IMPACT AND POLICY ANALYSIS:
Comparison of Development Potential for the Current and Proposed Land Uses:
1- Development Potential Based on Current Land Use (LDR's)
Sub Urban Commercial (SC)
6
As-of Right Uses:
--low and medium-intensity commercial retail and office uses ofless than 2,500 SF
--institutional residential uses of less than 10 dwelling units or rooms
--commercial apartments and employee housing less than 6 units
--commercial recreation like a theater or health club
--institutional and public uses and buildings
--accessory uses
--storage area of up to 25% of the parcel's gross area
Minor Conditional Uses.'
--medium intensity commercial retail and office uses over 2,500 SF but less than 10,000 SF
--high intensity commercial retail uses less than 2,500 SF
--light industrial
--commercial apartments between 6 and 18 units
--attached and unattached residential units for employees of a commercial use on site,
between 6 and 18 units
--institutional residential uses involving 10 to 20 dwelling units or rooms.
--parks or community parks
Major Conditional Uses:
--high intensity commercial retail uses of greater that 2,500 SF
ulow and medium intensity commercial uses greater than 10,000 SF
--institutional residential uses involving 20 units and more
-.hotels providing 25 units and more
--attached and unattached residential units
involving more than 18 units designated as employee housing
--mannas
--mariculture (like shrimp fanning)
--storage area more than 25% of the lot area
Pursuant to Section 9.5-269, the following floor area ratios (FAR) apply to Sub Urban
Commercial:
Commercial Retail:
Low intensity 0.35
Medium intensity 0.25
High intensity 0.15
Office 0.40
Commercial Recreational 0.10
Institutional 0.30
Outdoor Recreational 0.10
Public Buildings and Uses 0.30
Light Industry 0.30
7
In addition, the allocated residential density for commercial apartments is three (3) units per acre,
and the maximwn net density is 15 units per buildable acre for employee housing.
Development potential for low & medium intensity commercial: The total area of the lands that
are the subject of this application within this land use district is approximately 360,676.8 SF
(8.28 acre). The maximum nonresidential floor area for a medium intensity commercial use in
SC land use district is 0.25 and the open space requirement is 0.20 of the lot's gross area.
Therefore, the maximum floor area of a medium intensity commercial building can be
approximately 90,169 SF. However, under the current MCC, development of any amount of
commercial floor space on this parcel shall be subject to the Non-Residential Rate of Growth
Ordinance (NROGO). Under Section 9.5-124.4(b) of the MCC, the amount of non-residential
floor area to be allocated per site shall be limited to a maximum of two-thousand five hundred
(2,500) SF per allocation. In addition, a maximum of four thousand (4,000) SF of commercial
floor area may be transferred from an approved commercial site through NROGO. Therefore, the
maximum size of a commercial structure that may be permitted cannot exceed six thousand five-
hundred (6,500) SF. Additional allocations of2,500 SF may be received in subsequent allocation
periods. An existing structure may not receive an allocation that expands the existing structure to
more than 10,000 SF.
Development potential for residential: Also, the SC parcels allows employee housing with a
maximum net density of 15 units per buildable acre.
2. Potential Development witb tbe Proposed Map Amendment
RM/ is District: Section 9.5-242, MCC, allows the following as-of-right uses in the IS district:
Detached Dwellings, Home Occupations and Accessory Uses. Therefore, the development
potential generally consists of one single family home on each lot. The nwnber of units may vary
based on the number of lots created. A minimum lot size does not apply to IS lots.
Given that the average lot area in Key Haven is 0.20 acres and total area of all the land in question
is approximately 17 acres, theoretically, eighty five (85) single-family homes could be constructed
if the lots created are of the same size. The applicant has stated that new lots will be larger than the
average lots in Key Haven, between 1/3 acre to 1/2 acre in size. These lot sizes would allow 35 to
50 single-family homes.
Policy 101.4.3 of the Year 2010 Comprehensive Plan states that "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." The Plan clearly states that lands within RM land use
category category shall not be further subdivided. With regard to creation of new IS lots, 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 countv. "
Except lots 6, 7, and 8, none of the parcels included in this application are platted. The
Comprehensive Plan is clear that the RM/IS District is limited to platted lots existing at the time of
Plan adoption. Therefore, the map amendments to RM/IS, except for lots 6, 7, and 8, is unattainable.
In light of the above discussion, staff will evaluate the residential development potential of the
properties under the alternative RLlSR land use category.
8
3. Development Potentials Under RL FLUM and SR Land Use District Map
As mentioned in this report and based on the records, during the 1986 Comprehensive Planning
Process, the Planning Department determined that all of parcels B, C, and the "Triangle Parcel"
should be changed to SR zoning with the corresponding FLUM category ofRL.
The purpose of the Sub Urban Residential zoning district, according to MCC Section 9.5-207 is to
establish areas of low-to medium-density residential uses characterized principally by single-family
detached dwellings. This district is predominated by development; however, natural and developed
open spaces create an environment defined by plants, spaces and over-water views. This description
best fits the proposed development and overall character of Key Haven.
Residential Low/Sub Urban Residential (RUSR)
According to Section 9.5-262, the allocated density for lots in SR land use district is 0.5 units per
acre and the maximum net density for Transfer of Development Rights is five (5.0) units per
buildable area. The Open Space Ratio for SR is 0.5.
The following setback and buffering requirements apply if the lots are improved:
. A setback of fifty (50) feet will be required and shall be maintained as an open space buffer
between any development occurring adjacent to all types of wetlands and the wetland line.
This requirement will apply to the parcel herein known as the "'Triangle" parceL However,
this requirement is superceded by pennits from the Anny Corps of Engineers (ACOE).
. A Class "D" major street buffer will be required along the boundary with USl (at least 20 feet
wide); and
. The parcel herein known as the "Triangle" parcel will also have an entire lot area open space
requirement of twenty (20%) percent; however, the mangrove area described above shall have
an open space requirement of lOO%.
Use Compatibility and Effects on Community Character: Low to medium intensity residential
uses are compatible with the character of Key Haven residential community.
Local Traffic and Parking: Local roads are already in place and have been well maintained. No
adverse impact on the existing road conditions is expected if the land use designation is changed to
Sub Urban Residential and the road configuration is not modified. Off-street and onsite parking will
be adequate.
Effects on Natural Resources: lots six through eight (6-8) are disturbed upland properties. Staff
feels that these parcels are heavily trafficked by both the residents of Key Haven as well as their
domestic animals; therefore these parcels are not providing any known benefit to wildlife of the
area. The parcel herein known as the "Triangle" parcel is a disturbed buttonwood saltmarsh with a
small area of mangrove wetlands located in the north eastern comer of the parcel. While the
disturbed buttonwood saltmarsh habitat is considered more environmentally sensitive than disturbed
9
uplands, staff feels that this area of the parcel is also currently heavily trafficked and therefore any
habitat or benefit provided to wildlife is greatly diminished. However, the above described area of
mangrove wetlands located on this parcel will be protected from development due to the
requirement for 100% open space. Staff believes that while the open areas and natural filtration of
stormwater currently provided by this parcel will be lost, due to the heavy traffic and constant
disturbance by both the residents of Key Haven and their domestic animals there will be no negative
impact on natural resources as a result of the proposed map amendments and subsequent
development of the parcels described above excluding the area of mangrove wetlands located on the
"Triangle" parcel.
Effects on Public Facilities: Objective 101.11 of the 2010 Plan requires the County to direct future
growth away from environmentally sensitive land and toward established development areas served
by existing public facilities. A change to residential land use district supports Objective 10 L 11
based on the 2005 Public Facilities Capacity Assessment Report and the listed programs on storm
water and wastewater:
Traffic Circulation: U.S. Highway No. I is required to maintain a level of service (LOS) of "C" in
order to support additional development. The 2005 US. Arterial Travel Time and Delay Study.
prepared for Monroe County Planning Department, indicates the LOS "A" at the entrance to Key
Haven Boulevard. (segment 2 of US. Hwy 1).
Solid Waste: The existing solid waste haul out contract with Waste Management Inc. will provide
Monroe County with guaranteed capacity to 2006. In addition to this contract, the 180,000 cubic
yard reserve at the County landfill on Cudjoe Key would be sufficient to handle the County's waste
stream for an additional four to five years (at current tonnage levels), should the County choose to
discontinue haul out as the means of disposal. The combination of existing haul-out contract and the
space available at the Cudjoe Key landfill provides the County with sufficient capacity to
accommodate all existing and approved development for ten to eleven years. Therefore, the
proposed zoning change is not expected to have a significant effect on solid waste generation or
removal.
Potable Water: The Florida Keys Aqueduct Authority's existing consumptive use pernlit
authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 2004. Monroe
County's Public Facilities Capacity Assessment Report for 2005, indicates that there are over 100
gallons of water available per person per day. The 100 gallons per person per day standard is
commonly accepted as appropriate and is reflected in Policy 701.1.] of the Year 2010
Comprehensive.
In a letter dated May 03, 2004, the assistant Fire Marshal expressed concerns over the adequacy of
existing infrastructures in Key Have to handle additional development. The Fire Marshal has
requested a coordination letter from the applicant to insure that fire hydrants and fire department
access meets NFP A 1 2000 Edition.
Storm water and Wastewater: An increase in storm water runoff will result from the proposed
map amendments and subsequent development. Currently these parcels contain very little
impervious area and therefore generate little unfiltered storm water runoff. If the areas are
developed, each development would generate storm water runoff that is over nutrified, however
10
Section 9.5-293 of the Land Development Regulations requires that al1 developments retain storm
water on site fol1owing Best Management Practices (BMP's).
Treatment of wastewater is handled by Key Haven Utilities Corporation. It is anticipated that any
development on lots 6, 7, and 8 as well as the "Triangle parcel" wil1 be connected to the Key Haven
Utility.
Effects on Redevelopmentllnfill Potential: There will be no negative impacts on
redevelopmentiinfilI potentials.
FINDINGS OF FACT
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations 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-
511(d)(5)b.(v) of the Monroe County Code). The application was initiated by the applicant in
order to rezone the subject property 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-l
(Single Family Residential District).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
propelties 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 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 ofthe 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 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 shows that
most of Key Haven received a Future Land Use Map designation of Residential Medium (RM),
and was zoned to IS, consistent with the land use.
8. Section 9.5-511 prohibits any map amendments that would negatively influence community
character.
9. Policy 101.4.3 of the Year 2010 Comprehensive Plan states that development within this
(Residential Medium) land use category shall be limited to one residential dwelling unit for each
11
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, of the Ninth
Addition are platted.
11. Pursuant to Section 9.5-207, the purpose of the Sub Urban 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 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 2005 Public Facilities Capacity Assessment Report and the listed programs on storm water
and wastewater indicates that there are no significant concerns r~garding impacts on public
facilities.
14. Goal 102 of the Monroe County Year 2010 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 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.
16. Based on the community character, Future Land Use Map designation of Residential Low (RL)
and zoning district of Sub Urban Residential (SR) are consistent with the neighborhood
character and are suitable alternatives to the existing MC/SC land use categories for the Triangle
Parcel.
CONCLUSIONS OF LAW
1. 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 IS/RM.
Therefore, staff finds that based on the historic evidence, a map amendment to change the land
use district of lots 6, 7, and 8 to IS/RM from the existing SC!MC is consistent with Policy
101.4.3 of the Comprehensive Plan and the MCC.
12
2. For the Triangle Parcel, the map amendment to SR/RL meets the requirements outlined in
Section 9.5-511(d)(5)b.(v) and Section 9.5-215 of the Monroe County Land Development
Regulations and will not negatively impact or alter the character of the subject property or the
neighborhood and is supported by the staff.
3. The map amendments from SC/MC to SR/RL for the Triangle Parcel and IS!RJ\i1 for lots 6, 7,
and 8 of the Ninth Addition support Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan. 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, based on the findings of the 2005 Public Facilities Capacity
Assessment Report and the listed programs on stonnwater and wastewater.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Planning and Environmental Resources
Department recommends APPROV AL to the Board of County Commissioners for the proposed
FLUM amendments from Mixed Use! Commercial (Me) to Residential Low (RL) for the "Triangle
Parcel" and Residential Medium (RM) for lots 6, 7, and 8 of the Ninth Addition; and Land Use
District Map Amendment from Sub Urban Commercial (SC) to Sub Urban Residential (SR) for the
"Triangle Parcel" and Improved Subdivision (IS) for lots 6, 7, and 8.
13