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Ordinance 025-1991
FILED FOR RECOR '91 NOV -4 A 8 :5 DANNY L. ',Ui._HAGI PlanningDepartment OE iR. CT. muN-KOE COUNTY. FL ORDINANCE NO. 025-1991 AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP AMENDMENT FROM NATIVE AREA TO URBAN RESIDENTIAL MOBILE HOME ON PROPERTY KNOWN AS ROCKLAND HAMMOCK SUBDIVISION; LOTS 9, 16, 18, ' 19, 20 BLOCK 3, LOTS 1, 2, 12, 13 BLOCK 4, LOTS 9, 10, 11 BLOCK 5, LOTS 1, 4, 5 BLOCK 6, LOTS 8, 9, 10, 22, 23, 24, 25, 26, 28, 29, 30, 31 BLOCK 7, and LOTS 2, 3, 12, 13, 23, 24, 25, 29, 38, 39, 40 BLOCK 8; EAST ROCKLAND KEY, SECTION 28, TOWNSHIP 67 SOUTH, RANGE 26 EAST, TALLAHASSEE MERIDIAN, MONROE COUNTY, FLORIDA, MILE MARKER 9; TRANSMITTING THIS AMENDMENT TO THE STATE LAND PLANNING AGENCY FOR APPROVAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 9 . 5-511(c) , Monroe County Code of Ordinanc- e_s (Code) , provides that the land development regulations (Chap- ter 9.5 of the Code) , including the land use district maps, may he amended or changed at any time; and WHEREAS, during such process, the Monroe County Planning Commission, sitting as the local planning agency, after due no- tice and public participation in the hearing process, has re- viewed the proposed ' land use district map change and found such change consistent with the Monroe County Comprehensive plan and Page 1 MPROCKL. 14/TXTDR Initials made a recommendation concerning such change to the Monroe County Board of Commissioners; and WHEREAS, during such process, the Monroe County Board of Commissioners, after due notice and public participation in the hearing process, reviewed such recommendation and legislatively acted 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; and WHEREAS, the land use district map change process is not complete; and WHEREAS, it is desired that the Monroe County Board of Com- missioners should approve, adopt and transmit this land use dis- trict map change to the state land planning agency for approval; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUN- TY, FLORIDA: Page 2 MPROCKL. 14/TYTDR Initials Section 1. The Monroe County Board of Commissioners on this 18 th day of September , 1991, does hereby adopt this land use district map amendment, pursuant to general law, and at- tached and incorporated by reference to this ordinance, and here- by transmits to the state land planning for approval or disapprov- al pursuant to F. S.380. 0552 (9) . Section 2 . 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 invalid- ity. Section 3 . This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not be deemed effective until approved by the state land planning agency. Page 3 MPROCKL. 14/TXTDR Initials r PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 18 th day of September , A.D. , 1991. Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Absent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ,> MAYOR/CHAIRMAN (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 11/Q442e, toir,a ' //' .4Pf'A.0 i?/- i FtRicmy DEPUT CLERK7 ' / / , MY -- Ar rneys fir,,., Page 4 MPROCKL. 14/TXTDR Initials Planning Department RESOLUTION NO. 19-91 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING TO THE MONROE COUNTY BOARD OF COMMISSIONERS THAT THEY APPROVE A LAND USE DISTRICT MAP AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM NATIVE AREA (NA) TO URBAN RESIDENTIAL MOBILE HOME (URM) FOR CERTAIN LOTS IN ROCKLAND HAMMOCK SUBDIVISION, EAST ROCKLAND KEY, SECTION 28, TOWNSHIP 67 SOUTH, RANGE 26 EAST, TALLAHASSEE MERIDIAN, MONROE COUNTY, FLORIDA. WHEREAS, the Monroe County Planning Commission during a regular session held on March 14th, 1991, conducted a public hear- ing on a proposed Land Use District Map Amendment to change the Land Use Designation from NATIVE AREA (NA) to URBAN RESIDENTIAL MOBILE HOME (URM) for certain properties located in Rockland Hammock Subdivision, and more particularly described as Block 3, Lots 1-9 and Lots 12-20; Block 4, Lots 1-20; Block 5, Lots 1-10; Block 6, Lots 1-5; Block 7, Lots 8-10 and Lots 22-32; Block 8, Lots 2,3, 11, 12, 14-24, 26-36, and 38-40, Rockland Hammock. Subdivi- sion, East Rockland Key, Section 28, Township 67 South, Range 26 East, Tallahassee Meridian, Monroe County, Florida. Located at approximately Mile Marker 9; and WHEREAS, the Planning Commission was presented with informa- tion via the following: 1. The Land Use District Map Amendment application as submitted by the Monroe County Planning Department; and 2 . The Planning Department staff report prepared by Ms. Antonia Gerli, Lower Keys Planner, which is dated February 8th, 1991; and 3 . The comments by members of the Monroe County Planning Depart- ment staff; and 4. The testimonies of Mr. Walker Horan and Ms. Virginia Burns, both of whom spoke in support of the proposed map amendment; and Page 1 I UJ\v/ MPP r 1 1 /TvTT1n a i nnc wT. _.i 5 . The testimony of Mr. Richard Davis; who represents the United States Department of the Navy, Naval Air Station, Key West; and who spoke in opposition to the proposed map amendment; and 6. The letter to Mayor Wilhelmina Harvey by J. C. Ensch; repre- senting the United States Department of the Navy, Naval Air Station, Key West; and dated January 29th, 1991, objecting the the proposed map amendment, and specifically requesting that the Land Use Designation not be changed on the lots within the subdivision which are owned by the Department of the Navy; and WHEREAS, the Planning Commission has made the following Find- ings of Fact and Conclusions of Law: 1. That Section 9 .5-511(d) (5) (b) states the Board of County Commissioners may consider the adoption of an ordinance enact- ing the proposed change based on one ( 1) or more of five criteria; provided that no adverse community character change of the planning area results from the change. This Commission finds that the proposed map amendment may be accomplished based upon: A. CHANGED ASSUMPTIONS: Rockland Hammock was . zoned NATIVE AREA (NA) on the as- _ sumption that there would be mandatory TDRs. Mandatory TDRs never became a part of the Comprehensive Plan or the Land Development Regulations and thus the property owner' s rights in this area need to be readdressed. This amendment will address the changed assumption that manda- tory TRDs would be used. B. DATA ERRORS: Based on the original existing conditions map which shows Rockland Hammock as being disturbed with mixed residential uses, this Commission finds that an error in mapping placed Rockland Hammock in the Native Area Land Use District. The purpose of the Native Area District is to establish areas that are undisturbed with the excep- tion of existing solid waste facilities, and that be- cause of their sensitive environmental character should be preserved in their natural state. The lots in Rockland Hammock not included in this map amendment have not been filled and deserve the Native Land Use designa- tion. Lots interior to the subdivision have been filled. All utilities were in place when the land use maps were approved. A site visit by the county biologist has confirmed that both the developed and the undeveloped lots for which a map change is being requested are dis- Page 2 MPROCKL. 11/TXTDR, 91006 C 0 IF .i7 Initials 27 • turbed. Thus, these lots do not fit the purpose of the Native Area District. The appropriate zoning for Rockland Hammock is NATIVE AREA (NA) and URBAN RESIDENTIAL MOBLIE HOME (URM) . The disturbed lots in Rockland Hammock fit the purpose of the URM district - "to recognize the existence of estab- lished mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate-cost housing in Monroe County. " Rockland Hammock was platted in 1955 and by the time the Comprehensive Plan took effect was established as a residential district of primarily mobile homes. Rockland hammock is listed on page 295 in Volume I of the Comprehensive Plan as a mobile home subdivision. Several mobile home owners in Rockland Hammock received special use approvals in 1973 to place their mobile homes in a single family residen- tial area. At that time, Monroe County took the position that mobile homes would be entirely phased out of the county. But protests by mobile home owners during public meetings prior to the adoption of the 1986 Comprehensive Plan, together with a shortage of affordable housing in the county, caused Monroe County to change its position on mobile homes. Monroe County has already acknowledged that Rockland Hammock is a mobile home subdivision by including it in the Comprehensive Plan' s list of mobile. So, a new mobile home area is not being created by the change of Rockland Hammock to URM, instead, a data error is being corrected. The present native designation given Rockland Hammock had the effect of establishing nearly forty nonconform- ing uses in Rockland Hammock. The URM designation will recognize the property for what it is - a mobile home subdivision and will make all established residential uses conforming. Businesses and agriculture will still be nonconforming. C. NEW ISSUES: In recent months, the building department has had to. deny several permits for basic improvements and repairs to structures in Rockland Hammock. These denials were made because the building department has no proof that the structures were permitted in the first place. Many of the structures date back to the 1960' s and earlier. The applicants cannot receive after-the-fact permits because the native district allows neither mobile homes nor dwellings on lots under two acres. Thus, many resi- dents of Rockland Hammock cannot legally improve or repair their homes. The result of this situation is, and will continue to be, illegal construction, substandard Page 3 construction and living conditions and/or the deteriora- tion of property and thus of the community character. This situation is not in conformance with the policies and objectives of the Florida Keys Comprehensive Plan which lists as one objective: To protect, preserve and, where appropriate, im- prove the community character of the Florida Keys and as one policy: To encourage development that will improve the community character. D. IMPACT ON COMMUNITY CHARACTER OF PLANNING AREA: There will be no adverse impact on the established commu- nity character of Planning Area 4. The composite community character of Planning Area 4, as stated in Volume I of the Comprehensive Plan, is in transition from suburban to urban transition. Based on the criteria for determining community character in Volume I of the Comprehensive Plan, Rockland Hammock has a suburban character with respect to land use, design, intensity of buildings, open space, landscaping, social measures, economic activity and environment. The change _ - to the URM designation would not appreciably change the community character of Rockland Hammock or of. Planning Area 4. The existing land uses in Rockland Hammock con- form to a character in transition from suburban to ur- ban. Since only ten privately owned lots are unimproved (five are used for agriculture) and no development is proposed, the proposed map amendment will not change the community character of Planning Area 4; and that 2 . That the proposed Land Use District Map Amendment involves a total of ninety-six (96) lots; and that 3 . The U. S. Department of the Navy owns forty-three (43) lots within the area of the proposed map amendment, which compris- es more than twenty percent (20%) of the total land area; and that 4. The Navy has written a letter in objection to the proposed map amendment; and that 5 . Since the Navy' s ownership within the area of the proposed map amendment comprises more than twenty percent (20%) of the total area ownership within the subject area, that the four- fifths (4/5ths) rule as specified in Section 9.5-511(d) (5)c of the Monroe County Code, Amended is invoked. Said rule requires that "in the event of a written protest against such Page 4 MPROCKL. 11/TXTDR,91006 O pYInitials 71 amendment signed by the owners of twenty (20) percent or more either of the area of the lots or land included in the pro- posed amendment . . . , such amendment shall not become effec- tive except by the favorable vote of four (4) members of the board of county commissioners; " NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support their decision to recommend to the Monroe County Board of Commissioners that they APPROVE the proposed Land Use District Map Amendment to change the Land Use Designation from NATIVE AREA (NA) to URBAN RESIDENTIAL MOBILE HOME (URM) for prop- erties described as Block 3 , Lots 1-9 and Lots 12-20; Block 4, Lots 1-20; Block 5, Lots 1-10; Block 6, Lots 1-5; Block 7, Lots 8-10 and Lots 22-32; Block 8, Lots 2 ,3, 11, 12, 14-24, 26-36, and 38-40, Rockland Hammock Subdivision, East Rockland Key, Section 28, Township 67 South, Range 26 East, Tallahassee Meridian, Mon- roe County, Florida. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 14th day of - March, 1991. PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By ,licS i c( LLti c Milt Mravic, Chairman Signed this p 3 day of AA , 1991. Page 5 xennnnvr imvmr�n n,nn, \\ �\ \ I .II -� \ / • • APPLICATION FOR LAND USE MAP AMENDMENT Map Page( s) 554&555 RE Number See attached sheet A) Application or Agent (CIRCLE ONE) ( If different from property owner) : Name/Title: Lorenzo Aghemo, Director of Planning Department Firm: Monroe County Board of County commissioners Address: 5100 Jr. College Road West Key West, Fl. 33040 Telephone: Office 292-4416 Home 3) Property Owner: Name: NA Address: Telephone: Office Home C) Present Land Use District Native Proposed Land Use District Urban Residential Mobile HOme Describe, in general terms, the proposed development, if any, including type, number of units, or intensity of the use. No Development proposed. D) Legal description of property. Block 3, Lots 1-9 and Lots 12-20; Block 4, Lots 1-20; Block 5, Lots 1-10; Block 6, Lots 1-5; Block 7, Lots 8-10 and Lots 22-32; Block 8, Lots 2, 3, 11, 12, 14-24, 26-36, 38-40; Rockland Hammock Subdivision, Rockland Key. • E') Size of parcel Approximate 14.5. acres F) Street address of property, if applicable, general locational description, and' mile marker. NA G) Describe, in general terms, the existing conditions of the site. All lots are disturbed • H) Describe in detail the changed conditions that warrant the requested amendment ( see Section 13-101 D 5 of the Land Development Regulations) . See staff report I ) ATTACH PHOTOGRAPH OF THE SITE. J) ATTACH A MAP SHOWING THE BOUNDARIES OF THE PROPERTY, THE EXISTING LAND USE CLASSIFICATION OF THE PROPERTY, AND THE LAND USE CLASSIFICATIONS OF SURROUNDING PROPERTIES. K) ATTACH A LIST OF ALL ADJOINING PROPERTY OWNERS AND THEIR ADDRESSES . L) ATTACH PROOF OF OWNERSHIP. M) ALL APPLICATIONS MUST BE ACCOMPANIED BY A $750.00 APPLICATION FEE. N) SIGNATURE OF APPLICANT OR AGENT: 0) DATE: DB/Ic LDUSEMP Revised June 6, 1989 • • ' � DEPARTMENT OF THE NAVY e NAVAL AIR STATION (14 Ip; '711 •_ to KEY WEST. FLORIDA 33040-5000 GP 4nt L N'S•Aif5U5 r 11011 Ser 1884/ 09 14 2 9 JAN 1 21� ` The Honorable Wi lhelmina Harvey �--� f :- Mayor , Monroe County 500 Whitehead St. J1 U Key West, FL 33040 ?Lr;VN;i.G LAND USE viV;...ON Dear Mayor Harvey, BY — I am writing to voice my concern over the proposed change of land use designation from Native (NA) to Urban Residential Mobile Home (URM) on the following Rockland Hammock Subdivision parcels : Block 3 , lots 1-9 and lots 12-20; block 4 , lots 1-20; block 5 , lots 1-10; block 6 , lots 1-5; block 7, lots 8-10 and lots 22-32; block 8, lots 2,3, 11 , 12, 14-24,26-36 and 38-40. Such a zoning change will likely allow and encourage new residential development and sanction existing unauthorized residential development in the area. The parcels in question lie within the Naval Air Station Key West Air installation Compatible Use Zone (AICUZ) . The Navy endeavors to minimize residential development in the AICUZ for two primary reasons. First , residential development in the AICUZ should be discouraged since it increases community encroachment of naval air operations. Based on numerous historical precedents , continued community encroachment can result in severe restrictions on flight operations. As you know, the encroachment problem became so severe in 1984 that Congress appropriated millions of dollars for the acquisition of unimproved land around the NAS Key West airfield. Unim- proved parcels in the subject Rockland Hammock Subdivision were included in this acquisition. It now seems that approximately twenty of the parcels which the Navy had assumed were legally improved, and therefore did not acquire, were in fact part of widespread unauthorized development in the area. I understand that the proposed land use change will now legalize this unauthorized development. The change will also encourage the development of, several privately owned, unimproved lots. Secondly, residential development in the AICUZ should be discouraged due to the effects that associated high noise levels and accident potential zones have on residents . The Rockland Hammock Subdivision lies within the 75 decibel airfield noise contour. This level of noise severely lowers the quality of life of exposed residents. The Navy in fact will not construct its own family housing within such high noise zones. The Rockland Hammock Subdivision also lies very close to the accident potential zones of two NAS Key West runways. Although not presently inside these zones , future changes to flight frequency, flight path and aircraft type could easily generate accident potential zones which encumber the area. Lastly, I request that County land use designations not be assigned to Navy owned lots in the area. The following Navy owned properties are included in the proposed land use designation change: Block 3 , lots 2-7 , lots 12, 13, 14, 16, 17; Block 4 , lots 3,4 ,6 ,7 , 10 , 11 , 14 , 15 , 16,20; Block 5 , lots 1-4 ; Block 6, lots 2,3; Block 7 , lot 9; Block 8, lots 14, 15 , 16, 18, 19,20,21 ,26,27,28,30, 31 ,32,33,35. The assignment of County zoning designations may encourage • 11011 Ser 1884/ future unauthorized use of the property. Perhaps a 'U.S. Government Owned' designation would be appropriate. Residential development in the AICUZ should be discouraged tinat the yinterest of both Monroe County and Naval Air Station, Key West. he proposed land use change will facilitate such development. I respectfully request you deny the proposed land use change and resolve the area's problems in such a way that development in the AICUZ is not encouraged. . J. C. ENSCH Copy to: t L..°•� nroe County Administrato0r nroe County Planning Department .1��� �'' ', PLANNiN' DEFT. LAND USE DIV1SiON BY 2 Transfers would be further limited in that the environmental sensitivity of the receiver site, as shown in section 9 . 5-345(a) , must be less than or equal to the sensitivity of the sender site. If a TDR transfer is initiated for a Rockland lot in the URM district the buttonwood lots should be evaluated on an individual basis, since some of the lots contain areas where mangroves are the predominant species. These areas should then be deducted from the total area of the lot and the TDR adjusted accordingly. file/rockland.2/2-25-91 I / o�o� 0 kl �000 -o ispiumpsorwa •_ . -41fry�O .E-''aQ S� 74:10 tiatialionnuo YA tt \ i? � �0 - Gttu-A-;9;ifialit �400101k $ . � �0. ots$ OO�I , tp ,•4‘ � Okos � EAST �_ • 000� NA 44$ ^ Al- Attachment .,te.�t..e B boundary map j MEMORANDUM • To The Planning Commission From: Dianna Stevenson, Biologis Environmental Resources Division Date: February 25, 1991 Re Alternative B boundary map for Rockland Hammock. The purpose of the Alternative B boundary map is to seperate the lots based on environmental factors, or more specifically, to = seperate the buildable lots from the unbuildable lots, as defined by the environmental design criteria in section 9. 5-345. Pursuant to section 9.5-252, vacant lots in Rockland Hammock cannot be developed. By zoning all of the theoretically buildable lots Urban Residential Mobile Home (URM) , the owners will be given an opportunity to recompense their loss by selling the transfer development right associated with the lot. The Alternative B boundary map has included all of the mangrove lots in the Native Area (NA) zoning, as mangrove lots are not buildable, except for docks, piers, utility pilings and walk- ways. Since mangroves are not allocated density, they also have no transfer development right (TDR) value. The following lots are proposed for the NA district: Block 1, Lots 1 - 10 Block 2, Lots 1 - 10 Block 3 , Lots 11 & 12 Block 6, Lot 7 Block 7, Lot 1 Block 8, Lots 41 - 48 All of these lots (32 total) are vacant and are owned by the Navy. • There are 123 lots proposed for inclusion in the Urban Residen- tial Mobile Home district (URM) , of which 59 are privately owned and 64 are owned by the Navy. The lots are as follows: Block 3 , Lots 1 - 10 and 13 - 20 Block 4, Lots 1 - 20 Block 5 , Lots 1 - 10 Block 6 , Lots 1 - 6 B\lock 7 , Lots 2 - 32 Block 8 , Lots 1 - 40 The lots to be included within the Urban Residential Mobile Home district can be classified as either scarified (cleared and filled or cleared and revegetated with exotics) disturbed with salt marsh, or salt marsh and buttonwood. All of these habitat types are theoretically buildable and therefore have TDR value. Even though development is allowed in these habitats, the environ- mental design criteria is very restrictive. For example, the required open space ratio for buttonwood is 85%, allowing for only 15% of the parcel to be developed. The average lot in Rockland Hammock is 7, 500 square feet, which on a buttonwood lot would mean that 1,125 square feet could be developed. Since the = - house, septic and driveway together cannot exceed 1, 125 square feet, it is probably impossible to build a house on a lot, al- though the lot may accomodate a small trailer, septic and drive. • The advantage of zoning all of the buildable lots URM would be that both the private owners and the Navy could possibly receive some benefit through the sale of TDR' s. The URM district is allocated 5. 0 density units per acre. On the average 7,500 square foot lot in Rockland, this would provide the owners with . 86 development rights per lot, although where the TDR' s can be transfered is extremely limited. Since the allocated density of the receiver site must be greater than or equal to the allocated density of the sender site, the TDR's could only be transfered to the following districts: Urban Commercial (UC) Urban Residential (UR) Urban Residential Mobile Home (URM) Light Industry (I ) Maritime Industry (MI ) Military Facilities District (MF) --\....-_,---ri - ATTACHMENT A . l �JI _ ----- CURRENT CURRENT LAND USE DESIGNATION 41.1A-4/0r4— —♦11.Mo.4 ♦----------- — Tf Ylir II N). Ill POVO k, , 1. 0, EAST ROCKLAND KEY N A `os • N. °� NA N Addillit gA off .. " 1131101P1,11"3"44s oo� 0 _. rliiiiii."11110131 O _altitt �e0 II_O` e . ge o _ _- �- �_ �� ©v-- i . v Op o00 0�©0 .�-- a *P'AtVPA O N.MI o., o � oo� o d . a�� oozes 00 00. . o o Oo 1 "1" . 4O O O d.o EAST ROCKLAND KEY .,, . �� oo. o o.�. O o'0 tk O .`` OAlp 0 O 4 , IN .,, 0o N A 0 ,,, O 0 , 0 , �\` 0� , 4 0 o , o U 0 y • MEMORANDUM To Bob Herman, Director, Growth Management _ From: Dianna Stevenson, Biologist Environmental Resources Divzsio Date: December 28 , 1990 Re Rockland Hammock, East Rockland Key Per your request, a site visit was made to the above referenced property. All of the lots with trailers, single family homes, or buisnesses have been cleared and filled and would be considered scarified for environmental purposes. The only environmental restriction that would apply to these lots would be a 20 ' canal setback for lots on Beach Drive and Shore Drive. Although zoned Native Area (NA) , the developed lots in no way reflect the purpose or intent of this land use district. Two undeveloped lots that are still in private ownership, Lots 15 & 16 , Blk 7 , Beach Dr. , are vegetated with mangroves and are correctly zoned Native Area. All other undeveloped wetland lots are owned by the Navy. All other undeveloped lots in private ownership are scarified, and incorrectly zoned Native Area. CC George Garrett Antonia Gerli file/rockland/12-11-90 • •.,"'r' / ..f ,:.E,- Attachment J ^,,, ' _ 1986 Land use district map 1 i ROcKLAND I KEY • die.. .. ter)) i u ` •\ ( N A III /" ...... 1 ,.._ . .. 4.•;s_,,:e...•11•••••• .1 n .I' - i "14 -" ' ....4' - - , _.. • - ' •.x ••-•,i :4..11-4:- • -4.-AT - . 4.1 • . I. ( . Mg11511L'F'.; . _.._...,-IX, 'r.„. .• . ••• ... I -.S. .)1". " •' :. .:•""",-,.. .•• . .„..4 ..k. • - ,. . . •- , :-N. . -- alla v "ll . . •Nlive_ ,. ,i...4•-%- •...r..k . ' •••• ). .- •1 .. 4, 41111,' - • dd.. t 1..1 .P. IA . 14 -4 e- T" ' T • •c --• - .'' =#?.1r, Allp"..411111111111tr l • fr,. ... ..1 : •-• .... , - 1...." . I Ith. 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I ' 6,)1; • ' .• ; •ts• . • 1 .. .• .-.! -.... •,8 fel V - - .... ... • • 01- • -' • - .. • • • `4,,:- - ' ,.'t 4•"'-,r • •- --i.... • .. , ••.' i , • - . ... . ,- •I ' 0 .....• . • . '. -.......5. 1, I;f'.. •s ' ,, . • • q• 4Stt^ .. • • - 1 ,.. •• 4r,.1 , 1.• • .• - s--- :: * • . ....• ...• .- ‘ 4. 4•16, 4 A•• \ . . • • (•• ..1:4; . r _.• • • ••.• • • 1 •• .., _ .. ' ' , e - Ir....\-16" ' . . • .1 •• 4 - ..,- . A . • • ••- .01 - af 4-• , 4k-' . ,.....k. ..•itf - . t . . . , . • • r•Wd • .. , .. • •• vl a., ' - et . . • . .. • .-.4' v-. - ' • .4.• a. .w • ; . - . _ -'VI' — •-. . • 4.• .ir. •: 1 . ii...41, • • ...• •, - _• •.:,,,...__ -, , .•-N. ,,,__ ,: .4.0(.,, • • T',,‘' .•<: '•; ' . ,. . •• •., :?.` - .,,,...--• mp,-. • -•••••" . AP• • • ',... ''•••-`•t ..f''. . • • • ..• % .. . 7 1••• '• ..‘44 • ....* , atb. .. . . v••• 62P .... • . s"i • 4,•• ••• ' " 4 . , . ... ........., .. .• . . . .1 ' .. ••• .. • ,'-i.'ict. . _.' . •••..•-: •. .• • f . * :: - - ' I4• :s4 •-2.4.. otakilapito(7 . ‘ I . ... lb, r' • a •• ii 1- • x e.'2 \ . _-- ; .2,.. . . •• ' ': • • . :., , ....• - - "••••‘;, it.:-* .7'"• --0 ,...-A.., .• •Ci 4' Attachment H . . . , , - 1.- •9- Existing conditions map 4..T.: 1" = 200 1 .• - ' ..k•rsIr4- • • --. 4 a a 1 y BB• 12R A . 1 _ Planning Area 02: Commissioner Swift discussed ( � ; Planning Area 02 and indicated that he would like to see t >i I Scenario A applied with up to four hundred emits and also ..;_- consideration given for destination resort areas. marina 0 areas and a possible shipping port. Consultants recommended - Scenarios A and 0. Motion was made by Consissioeer Swift and seconded by Mayor Sorensen to accept the recommendation - of the Consultants for the application of Scenarios A and 0. •_ .. Including the co:meets of Commissioeer Swift concerning ..;,. `. . destination resorts. marinas. shipping pert. and previsions i- 0 for median income housing. Notion carried unanimemsly. • Mr. Sisson them addressed the Board coecereing the new schedule for the process leading up to adoption of the ;� i:;: . Land Use Plan. Notion was made by Mayor Sorensen and 1•' . - seconded by Commissioner Fabrer to adept the new Schedule of s .4::._. Adoption of Land Use Plan as shown on the attached graph. , 4�,LL•. Motion carried unanimously. .. Planning Area 13: Consultants recommended T'-�, )6.- Scenarios A and 0. Commissioner Swift discussed his con• Y �� corns for nelti•faslly and commercial uses in the area. �F� Notion was made by Commissioner Swift and seconded by Commissioner Fahrer to apply Scenarios A and 0 to Planning Area 03 with the consideration for only two acres of con- . merical. Notion carried inanlsoesly. 1•4% ■. Planning Area 14: Consultants recommended a moil- - - = ficatton of Scenario B with mandatory Transferrable . r �_ Development Rights and possible areas for fishim uses. Notion was made by Commissioner Fabrer and seconded by . :1 Commissioner Swift to accept the recommendation of the A' Consultants. Notion carried unanimously. During ?'.46 discussion. Commissioner Swift discussed possible industrial c., . .. ,'' areas. Notion was made by Commissioner Swift to amend the • notion to include a minimum of fifty acres for an industrial di park. Motion carried unanimously. Planning Area /S: Consultants recommended .Mc Scenarios A and 0 with the use of TOR's in envtronneutally .. r; j"-•' •. sensitive areas and also consideration for the AICUZ zone. '"Fli! Motion was made by Commissioner Swift and seconded by •,:44..;40 Commissioner Harvey to accept the recommendation of the ;: :. Consultants for Planning Area IS. Motion carried unarm• e sously with Co..lssioner Hernandel and Mayor Sorensen being absent from the meeting. ' Planning Area 04: Consultants recommended • , Scenarios A and 0 for Planning Area 0$. Motion was node by Commissioner Harvey and seconded by Commissioner Swift to accept the recommendation of the Consultants for Planning •< Area 06. Motion carried unanimously with Commissioner :-s':. Hernandez and Mayor Sorensen not present. Planning Area 11: Consultants recommended ;; Scenarios A and 0 for Planning Area 01. Commissioner Swift .a .,ti.., discussed the densities and also commercial acreage. He li4.'„ei recommended that the Consultants consider one hundred fifty units and two acres of cosserr•-• - -. Commissioner Fahrer and secon approve the Consultants' reco with a consideration for one acres of commercial. Motion Commissioner Hernando: and Na Planninq Area 1$: C Attachment I , Scenarios A and 0 for Plannin W Minutes of Nov. 16, 1984 • BOCC meeting ii - - -.—. SHARKa •G is r�., c,a (1 K V 4) `,., / `l �./ Li, a «' o .• ' PITT - . 8 G C O A ei le J / ., ' �R•SA �,, % ► _ � 11 I��'"� ':� .•ØJfiJr; ►p, i��' SADDLE KE ,I le.,x KEY ,` li s°° i1Jl!0. It ► : . , �* 0 ., :-,.44. ikiii i o -- - , .). v;� .. AR ~.HOC ;°ram, • t // d irj e 0. . . go, 7401ç ; ./, • 2 a ., "z 11 4 :..."ill -. - rv�x 041) 1- -- a. W.. 'II, Z af 1 , /4144.4 woe �zo o • A ,7 ANiEBIRD Y . 1 ..,.... +� s t, ROCKLAND ,• �7i HARBOR , „ . 1 .(, ,,?r, r�. ...,. KEY 4' .. - - - , /-... ,. , ,° 2 r./i tillih\....‘111011111111 'mod // I,/ / ,I#j ♦ •e�1 .la a 2 9 .. i` ��'�� ® `' 2 7 e : `_[� �1 �ir"'.I 2 6gota / :7 J i 5°` A-.• ,M• ��"�' CI 'E'L• ICAN KE - . 10. 612 _ e.iN a<, 11 _ ' - ...••-: C" .1 ,41?; ''' N . -' U. S' NAVAL ' 1 • / KE IN STATION ,�I' 1 A , °,-*: t. 4... . 4 °�, ( • \ Attachment G r` 'i .74o c 1... :;,;:, --. COMMERCIAL Existing conditions. ��. _ I g co tions map ✓ I i' F i .0.T. , • v' . . . • ... I . .,--- 1725 AC .. \ ti • ; . .i., GOVT.,I, LOT :3 -32.6 AC. i . •lkilt . . .. -A• ionitem I. 1 4 r. 111111-, I me . ... . 1 klitilk 1 11.,1 • .I-. mon railiall151 . . i' .- .• Tit- .. ck alb ,11111k-- : $ - 5 •. .. •;. .:, .4.77' •s• • ii '1...-'; -i-- - - W. . '441tp4 A441441/kir.,..:.04:41* 11;1111111:2 lb' • ilpiA .I.piennes . , 4 k„,„... • 61 i. .1*I P R .0- , tositV le : . - ElliiiViiiiMMIIIP- 111111111 • .• r ..3;..1111. 11111111* Itil .,.. . Alp.- icik-: 0. .---ifrospiR]mpg Jr vo- iiitv: 111$.0.4,..,:41111. IOC, '. .1:;; '-:-..r•- lil .11K-lien 43 MI failill13 )04.r. ' 9. .e • .-fp: _:.:, • Adisi,A. \. 1- /M9 VI igil 11.11 . .1. `• 's i It: Piki6Ht es'Avt,%;#0,0 tv, ;L ..,„ -,, , 70 • „,. ii,vp „,,,, ...,,,,14 epiii,,zippA ,. ., ,I; .:, ,,*7.5,4,A,:>,,delli 4.V:IJ\ Wink'''. .N . ,..i 1.!-" 4 !i, • I I .'.,f '1 ,, '!-•:** :AX:':1".' -''* (5 .11P Ifip tt .., . ;1 :' itki.'', • t• - 16W7. ‘k -1* • 1 -..• . .. . Attachment F • • , . .. • :. •.• •••%'..0 it i.':,,;-:;: 1- •••• -.! ! - : . --Ii. ' t -- b!: • • ' 1 :• • • 1. go . • -Si, . , . i . .. .ik . , • '• •,,.. . ;',.-.., •:. ' '` .:',,,1 -:' • ' .',:,; • i 1, .. . , '1-.‘i;) Pre-1986 zoning map . i;.. • -- Atta i• çernativecdap Pawn 7) EAST ROCKLAND KEY � 'F N A A 0Os N 400\ .��inpusuommaSal11$*$*"40:11� � ii � � v O .eo��..e0 _��o o� Vi o� raiv o �r ����.vvv 0 o av_v . ,01%4 o �,0 ,� A�00 � 0 0 .� O 000 p0o o EAST KEY ol d �0 IA od Ovw 4 ♦ o oN A 00 0 . N AWO' 0c � , ,, \\ 0 , „ 0 '' r it. .. „to.vs, 14101 $,";.$*.14$91:4 111t5'\'.io''*fil4rinistT13 -44$‘$ii.#°4' 4i:t*$t1$:.:$,4:0, i1dote1Ii15r1I 1u2§1 . 1i"A:VA, 0I.04k t40, # 1)40. '' *40 OS EAST :- , A 41:10 N A , , _. c, ,._, A.termat.waboundary map x .,.4 t, a m c) -'., U 43 'n S2 O 4) GI U C 0 ( ZONING § 19-280 ro U N b 1J 11 H L- . 1 i KC �. tNNc U II 1111111■ '{1{ 11 �r `— !cl7c07 ' ccl l`�' VIM MINI - Bell 11N)/ \,_N ��{ram ii /11t - Dell t)13)1 I ' , ' (I71111tfl I/1)1t) 1414 f ,lllllll t11/N11t1lNtcif I - - 411160111 I ova A17t1nova - AldI0c1 7a'':. ; ': • I Q 1t7101A - 1tN11Allltcl \�V.���''` -`���\�` . . 3 111101813M)• 7tt011AmIID `-i`rl 1\ .4� �``��`�` i 131111 \ cc'}`4. ::Ai t.t. :'y;1 - IllttlNa• 1117c11M7 * .:' 44' 4>•t f , ,I (.._ • ',imam') Nil4ki 40 (t/A1 it•c.) Alicia c01■ • ltltt Hltic I \`\� ��. ' V's. w Wila 11M) ILIUM.41111111141 - ltll■NItU (t;M 4-1) t11t.0 Ml - 1t11:N1t11 \`l\\` 7\�� `` ` ..:,•, 11OA11031gt - 1t1U111II1 `'\ . ''. Z .001 `6T swam mean -pllc llltltksh \\" i �`\v�\J\ N. � W 1 z La cc la ^ ^ (12 z H# ¢ 0 E r_ E. _ E en2I.Iw2 NI - -" -- -- -- - -_ -_ - Q- et 4:t J2 � a a _ 1 ii: (-- . 1573 _ I • Attachment B Department of Defense AICUZ zoning map i 1 I I i I I U-.--• FIGURE C ,, \ 9 L r . ,, .„ �. 5 ,IDS. .. .., r'}�- ,61ir'v-11)2.=1:1: * 1-'' .':,,14IVIP .a.''. .A.ef. -...\ :lj- ... - -- -. ,,,, "."-1 1 1 411V ''\.7;/ ''t'era,V.;"."Kir 4'. ' ~ `�/ '2 ..,r r.., +.- . ..t,r , \A.e1l.. •.` fir �. 4r._.TI u1..�L�.. 'j'i ACCIDQR�ofENi •tOOE . '...5• �' 1 n � t��"r . r:2\`,l';�,h ' z rJ � ACCIDENT T ~,$111:..ew),... .'. I. `•K ) ` •A 'AV� ,':�_Q ACCIDEIfT i �� � y WJ•_ V��/�+� Mr aran� 2.1i...!....... );aI IOWpNpP�S1E.Y��_,�y�'O '•ice L__._i moloosc-cms- 11" 'k.. • a ACCIDENT rOTENTIAL ME C •,ti��...5 . MODERATE NOISE-CNN 2 LOW NOM-C1-1 ACCIDENT NI I�ZONE C . ..a.. NO mower POTENTIAL ZONE NNW NOME-CNA S /�N aNO ACCAENT POTENTIAL ZONE N um . MODERATE NOISE-CAIN 2 I.-. AICUZ SOU►WAI y t0 N STATION BOUNDARY Oo 0 1---) ` EAST flttHLwD HEY I A \ . . O ' /007$ A°Q� 00Adr9�e �0o adeg°°° -- •O � eo _� eeo toriPiwo �' °° 0�ooq0o 0 os oQ� aoA �oo 440,00o o°�°`"° : 0 0 ° 0 ` IFo� � o0400 � • There will be no adverse impact on the established community char- acter of Planning Area 4. The composite community character of Planning Area 4, as stated in Volume I of the Comprehensive Plan, is in transition from sub- urban to urban transition. Based on the criteria for determining community character in Volume I of the Comprehensive Plan, Rockland Hammock has a suburban character with respect to land use, design, intensity of buildings, open space, landscaping, social measures, , economic activity and environment. The change to the URM designation would not appreciably change the communi- ty character of Rockland Hammock or of Planning Area 4. rhe existing land uses in Rockland Hammock conform to a character in transition from suburban to urban. Since only ten privately owned lots are unimproved ( five are used for agriculture) and no development is proposed, the proposed map amendment will not change the community character of Planning Area 4. MPROCKL. 05/TXTDR 02/21/91 11 • • • of the Comprehensive Plan as a mobile home subdivision. Several mobile home owners in Rockland Hammock received special use ap- provals in 1973 to place their mobile homes in a single family - residential area. At that time, Monroe County took the position that mobile homes would be entirely phased out of the county. But protests by mobile home owners during public meetings prior - to the adoption of the 1986 Comprehensive Plan, together with a shortage of affordable housing in the county, caused Monroe Coun- ty to change its position on mobile homes. Monroe County has already acknowledged that Rockland Hammock is a mobile home subdi- vision by including it in the Comprehensive Plan' s list of mo- bile. So, a new mobile home area is not being created by the change of Rockland Hammock to URM, instead, a data error is being corrected. The present native designation given Rockland Hammock had the effect of establishing nearly forty nonconforming uses in Rockland Hammock. The URM designation will recognize the proper- ty for what it is - a mobile home subdivision and will make all established residential uses conforming. Businesses and agricul- ture will still be nonconforming. 3 ) New Issues: In recent months, the building department has had to deny several permits for basic improvements and repairs to structures in Rockland Hammock. These denials were made because the building department has no proof that the structures were permitted in the -' first place. Many of the structures date back to the 1960' s and earlier. The applicants cannot receive after-the-fact permits because the native district allows neither mobile homes nor dwell- ings on lots under two acres. Thus, many residents of Rockland Hammock cannot legally improve or repair their homes. The result of this situation is, and will continue to be, illegal construc- tion, substandard construction and living conditions and/or the deterioration of property and thus of the community character. This situation is not in conformance with the policies and objec- tives of the Florida Keys Comprehensive Plan which lists as one objective: To protect, preserve and, where appropriate, improve the community character of the Florida Keys and as one policy: To encourage development that will improve the community character. 4) Impact on Community Character of Planning Area - 10 • IV) FINDING OF FACT AND RECOMMENIDATIONS The planning staff recommends amending the land use map to change the Native designation to Urban Residential - Mobile Home using the bound- aries shown on the alternative B map. Section 9 . 5-511(d) (5) (b) states the Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on the or more of five criteria provided that no adverse commu- nity character change of the planning area results from the change. In the planning staff' s opinion, the ordinance can be passed based on: 1 ) Changed assumptions : Rockland Hammock was zoned NA with the assumption that there would be mandatory TDRs . Mandatory TDRs never became a part of the Comprehensive Plan or the land development regulations and thus the property owner' s rights in this area need to be read- dressed. This amendment will address the changed assumption that mandatory TRDs would be used. 2) Data Errors: Based on the original existing conditions map which shows Rockland Hammock as being disturbed with mixed residential us- es, the planning staff believes that an error in mapping placed Rockland Hammock in the Native Land Use District. The purpose of the Native District is to establish areas that are undisturbed with the exception of existing solid waste facilities, and that because of their sensitive environmental character should be pre- served in their natural state. The lots in Rockland Hammock not included in this map amendment have not been filled and de- serve the Native Land Use designation. Lots interior to the sub- division have been filled. All utilities were in place when the land use maps were approved. A site visit by the county biolo- gist has confirmed that both the developed and the undeveloped lots for which a map change is being requested are disturbed. Thus, these lots do not fit the purpose of the Native District. The appropriate zoning for Rockland Hammock is Native and URM. The disturbed lots in Rockland Hammock fit the purpose of the URM district - "to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate-cost housing in Monroe County. " Rockland Hammock was platted in 1955 and by the time the Comprehensive Plan took ef- fect was established as a residential district of primarily mo- bile homes. Rockland hammock is listed on page 295 in Volume I 9 • TABLE III AICUZ SUBDIVISIONS Subdivision Land use Zone Accident Noise Potential Rating Zone Rockland Hammock NA B2 high Big Coppitt Estates NA B3 & B2 high Boca Chica Ocean Shores SS B3 & B2 high Tamarac Park URM B2 intermedi- ate Tamarac Park Section 2 MF B2 intermedi- ate Caribbean Park SS B3 intermedi- ate Key Haven ( in part) IS B3 intermedi- ate Geiger Mobile Home Park URM B3 intermedi- ate _ Rockland Village IS None Moderate Coppitt Subdivision IS & SC None Moderate Johnsonville IS None Moderate _ Gulf view URM None Moderate Coppit Trailer Park URM None Moderate Porpoise Point IS None Moderate Similar Sound IS None Moderate APZ-A - the most critical accident potential zone B3 - the area which has an identifiable accident potential but less that APZ-A; B2 - the area which is less critical than APZ-B but still may possess potential for accidents; high noise impact, CNR 3 Noise Ratings - High greater than 75 decibels intermediate between 70 and 75 decibels moderate between 65 and 70 decibels low less than 65 decibels source: Monroe County Land Use District Maps and AICUZ map 8 • COMPARISON WITH OTHER AICUZ SUBDIVISIONS Sixteen AICUZ subdivisions are located near Boca Chica Naval Air Sta- tion. Table III shows the Monroe County Land Use Designations and the AICUZ Zones. At the time the Land Use District Maps were approved Big Coppit Es- tates, Tamarac Park, Section 2 and Caribbean Park were all entirely owned by the United States Government. Boca Chica Ocean Shores is partially owned by the government but has many lawfully permitted existing houses. The SS designation allows these to continue and receive normal repairs . Key Haven is entirely privately owned. There does not appear to be a correlation between the AICUZ Zone and the County land use designations. Key Haven, which is in a more dangerous AICUZ zone, has one of the least restrictive land use designations. In the judgement of the planning staff, this designa- tion was given because the section of Key Haven located in the AICUZ Zone was nearly built out at the time the land use maps took effect. Geiger Mobile Home Park is also in a more dangerous AICUZ zone but is zoned URM. 7 • • • TABLE II EXISTING STRUCTURES NOT ON TAX ROLLS: Block Lot Structures Permits Comments 3 10 Mobile Home No elec. hookup 3 18 Residence 3 19 Roofing Business ' 81 security light 3 20 Residence 4 1 Mobile Home 5 8 2 mobile homes 1 elec . hookup 6 4 Mobile home ' 86 area light 6 7 Mobile Home 7 22-24Restaurant Lot 24 shows on the tax rolls as SFR but prior zoning was BU-2 7 29 Mobile Home 7 30 Mobile Home 7 31 Mobile Home ' 90 Mobile Home replacement 8 3 Mobile Home One MH is taxed; One MH is not " source: Monroe County Building Department files and field visits to Rockland Hammock by the planning staff 6 • TABLE I - THE FOLLOWING STRUCTURES ARE LISTED ON THE TAX ROLLS: Block Lot Structure Yr. Built Permits Located 3 9 SFR 1983 ' 89 ATE Building 3 15 SFR 1933 ' 86 electric ' 90 roof & elec. 4 2 SFR 1980 4 5 MH 1959 4 9 MH 1979 ' 81 fence & light 4 12 MH 1958 ' 88 electric 4 13 MH 1972 5 9 MH 1971 5 10 SFR 1958 6 1 MH 1957 ' 85 electric 7 8 MH 1966 ' 81 elec . meter 7 10 MH 1960 ' 90 renovation ' 89 electric 7 25 SFR 1978 ' 89 demolition & deck 7 26 MH 1965 7 28 2 MH 1958 & 1973 7 32 MH 1966 8 2 SFR 1967 MH 1979 8 3 MH 1978 ' 88 electric 8 11#12 MH 1938 ' 88 temporary meter on existing pole 8 22 MH 1972 8 24&25 SFR 1982 ' 89 deck & fill 8 29 SFR 1948 ' 74 100 amp meter 8 34 MH 1965 8 38 MH 1961 ' 72 plumbing 8 39 SFR 1976 ' 84 electric 8 40 MH 1965 source: Monroe County Tax Records and Monroe County Building Department files 5 • Maps, shows Rockland Hammock to be disturbed ( 740) with mixed residential uses See Attachment G) . The existing conditions map at a scale of 1 ' = 200' also shows Rockland Hammock to be disturbed (740) ( See Attachment H) . The planning staff can find no evidence that the Board of County Commissioners specifically discussed the Native Land Use Designation for Rockland Hammock. On November 16, 1984, the BOCC unanimously approved the recommendations of the land use consultants for Planning Area 4 which required man- datory Transferable Development Rights (See Attachment I ) . However, the mechanism of mandatory Transferable Development Rights was subsequently dropped during the preparation of the Land Development Regulations. The Land Use District Map adopted September 15, 1986 places Rockland Hammock in the Native Land Use District ( See Attach- ment J) . III LAND USE ANALYSIS Rockland Hammock is characterized primarily by single family _ - homes and mobile homes. In addition, two businesses and several farms are located in the subdivision. Of the 161 lots, only 41 lots are improved ( see tables I & II ) . Rockland Hammock subdivision is comprised of one hundred six- ty-one lots, Tract A ( 1 . 3 acres) and a park dedicated to the pub- lic . Tract A and the park are on submerged lands. One hundred three lots (64%) and tract A are owned by the Navy; fifty nine lots (36%) are in private ownership. Twenty of the privately owned lots are vacant in Rockland Hammock. However, only ten of these vacant lots are located in the area proposed for the map change. Of those ten, five lots are being used as farms. The biologist has concluded that two of the privately owned lots are comprised entirely of mangroves and the remaining lots are wetlands (See Attached Biologist' s Report) . 4 native and all disturbed and saltmarsh lots will be URM. Although Section 9 . 5-252 prohibits vacant lots from being developed, owners of the saltmarsh/buttonwood lots would have the opportunity to sell the development rights to these lots. With a den- sity of 5 dwellings per acre in the URM district, most vacant lots would have . 9 development rights ( see At- tachment D) . 3 . ) Allow only those lots that are built on to be in- cluded in the URM district and keep all undeveloped lots in the Native district. This will not permit va- cant land owners to transfer TDRs under the URM densi- ty. Each lot would have approximately . 2 development rights. This will also result in a boundary that looks spot zoned ( see Attachment E) . 8) Impact of the Change to the Urban Mobile Home District The planning staff believes that the greatest impact of the change to the URM designation will be the ability of the residents to legally improve their homes and thus improve the community character of Rockland Hammock. The zoning change would directly affect the twenty dwellings for which the building department cannot find proof of initial permit- ting. The URM designation would also allow the replace- ment of mobile homes although requirements need to be ad- dressed on a case by case basis . It would also allow the enlargement and extension of existing homes and mobile homes. No new development would be permitted. 9) History of zoning Prior to 1986, Rockland Hammock was zoned RU-1 (See Attach- ment F) with the exception of three lots (two were zoned BU-2 and one was zoned GU) . The RU-1 designation permitted single family homes but forbad mobile homes. The RU-1 desig- nation intended to provide residential areas which were sin- gle family residential lots of record at the time of passage of the ordinance. The RU-1 designation specifically prohib- ited mobile homes. At the time of the passage of this ordi- nance nearly twenty mobile homes existed in Rockland Hammock subdivision. The 1984 existing conditions map drawn at a scale of 1" _ 600' , which was used as the basis for the Land Use District 3 • 4) Existing Vegetation: Disturbed 5) Community Character of Immediate Vicinity: The immediate vicinity is characterized by military facili- ties, saltmarsh/buttonwood and mangrove habitats. All sur- rounding property is owned by the United States Government. 6) Background Information: All undeveloped lots in Rockland Hammock are in the Air In- stallation Compatible Use Zone (AICUZ) ( see Attachment B) . This is a nationwide program instituted by the Department of Defense to address the issues of public safety and noise exposure near military airfields . Rockland Hammock lies in the B2 zone because the area is exposed to high levels of noise exposure. There is no potential for accidents. New residential development would not be allowed in Rockland Hammock per Section 9 . 5-252 (c) (3 )h(ii ) which states that privately owned property adjacent to the Naval Air Station, Boca Chica, shall be developed in accordance with the map and land use objectives prepared by the U. S . Navy. The land - use objectives matrix, termed Figure B in Section 9 . 5-252c(3 )h, shows that new residential development will be forbidden in any B2 zone ( see Attachment C) . 7) Criteria for selection of Lots For URM Designation: Within the boundary of the Proposed URM district are all privately owned lots that are filled and disturbed. The in- tent of the boundary designation was to include only those lots that are disturbed. At the DRC meeting, the DCA and Florida Fish and Freshwater Game biologists pointed out that some of the lots are saltmarsh/buttonwood and some are man- groves. The planning and environmental resources staff believes that three options exist for determining the boundary of the URM district: 1. ) Leave the boundary as shown; 2 . ) Determine the boundary between the URM and Native districts according to environmental habitats. This would mean that all lots that are mangroves will be 2 MEMORANDUM TO: The Planning Commission FROM: Antonia Gerli , Planner )401 DATE: February 8, 1991 REF: Map Amendment Request - Rockland Hammock PLANNING COMMISSION MEETING MARCH 14, 1991 I REQUEST The Monroe County Board of County Commissioners is request- ing a change of land use designation from NATIVE (NA) to URBAN RESIDENTIAL - MOBILE HOME (URM) for certain lots in the Rockland Hammock Subdivision ( see Attachment A) . Location and Planning Area: • Rockland Hammock Subdivision, Rockland Key Planning Area 4 II BACKGROUND INFORMATION 1) Land Use District: Native Land Use District 2) Legal Description: Block 3 , Lots 1-9 and Lots 12- 20 Block 4, Lots 1-20 Block 5 , Lots 1-10 Block 6, Lots 1-5 Block 7, Lots 8-10 and Lots 22-32 Block 8, Lots 2 , 3 , 11, 12 , 14-24, 26-36, 38-40 Rockland Hammock Subdivision, Rockland Key 3 ) Size of Site: Approximately 14. 5 acres MEMORANDUM To Bob Herman, Director, Growth Management From: Dianna Stevenson, Biologist Environmental Resources Divisio Date: December 28 , 1990 Re Rockland Hammock, East Rockland Key Per your request, a site visit was made to the above referenced property. All of the lots with trailers, single family homes , or buisnesses have been cleared and filled and would be considered scarified for environmental purposes. The only environmental restriction that would apply to these lots would be a 20 ' canal setback for lots on Beach Drive and Shore Drive. Although zoned Native Area (NA) , the developed lots in no way reflect the purpose or intent of this land use district. Two undeveloped lots that are still in private ownership, Lots 15 & 16 , Blk 7 , Beach Dr. , are vegetated with mangroves and are correctly zoned Native Area. All other undeveloped wetland lots are owned by the Navy. All other undeveloped lots in private ownership are scarified, and incorrectly zoned Native Area. CC George Garrett Antonia Gerli file/rockland/12-11-90 a y i 1 T l ll II + I • q 1 \ 4II . y w ti ....'. 44 '.' ") ie' EAST f DOCKLAND KEY �o1° k 0,- ' ATTACHMENT G I EXISTING LAND USE MAP *4. . O' a - owing .00,..,.0,"..... 00,44 volimil,„)L.....,-.. !!! a 1 .77 .-.. -vm 4 .. , .., . . ., _ ciaticitu IN _ 0, _ _ viiortior,_ it*, vorigrairaijijal 6(4 '' * id la 441 76 1 I 3 1 4: 6i1'...4111 - • * 40 4 4 4A . . smuillig OS* 44% 0 Asit , I; w* Val AA,44 ,,,,0 move A _,„coto %. °Gall ...00004 3 I 4,04,„4,... :014 i ixAl &\ v :e. ei.oiio 4- 0 ©0 ;4 to „:41.41111. . IN* 4 EXISTING LAND USES diodlio • O G Government owned lot o V - Vacant privately awned lot •• El: ie: ` O as B - Business use SF- Single family residence 0 MH- Mobile home ( / ATTACHMENT F / Y - - LAND USE DISTRICT MAP 1 ADOPTED SEPT. 15, 1986 • L S L • • U ROK LAN D I x� _ �. N . KEY F . i- .. ::„.:_.•c„....:....;',4,13'. ...' ''''. . . . ' /i l "Pr-N � fr/--------v:r, di .. ,.....-... ,.. .,..„,-- ,..... _ ,_i-� ° —-- y 1 =r BB. 1Zam Planning Area /2: Commissioner Swift discussed i • Planning Area /2 and indicated that he would like to see t '' i Scenario A applied with up to four hundred units and also I % consideration given for destination resort areas. marina °,.,.. areas and a possible shipping port. Consultants recommended . Scenarios A and 0. Motion was made by Commissioner Swift • and seconded by Mayor Sorensen to accept the recommendation • of the Consultants for the application of Scenarios A and 0. including the comments of Commissioner Swift concerning :.ti .. . destination resorts. marinas. shipping pert. and provisions I:1 i _ - for mediae income housing. Motion carried unanimously. ' �'•;; Mr. Slime then addressed the Board concerning the • new schedule for the process leading up to adoption of the Land Use Plan. Notion was made by Mayor Sorensen and I . - seconded by Commissioner fahrer to adopt the new Schedule of - Adoption of Land Use Plan as shown on the attached graph. Motion carried unanimously. 1-y ►lanning Area /3: Consultants recommended -- •' Scenarios A and 0. Commissioner Swift discussed his con- y terns for multi-family and commercial uses in the area. Motion was made by Commissioner Swift and seconded by Commissioner fahrer to apply Scenarios A and 0 to Planning Area 03 with the consideration for only two acres of com- -.:_ ■erical. Motion carried unanimously. Planning Area /4: Consultants recommended a modi- - :� fication of Scenario B with mandatory Transferrable -��- Development Rights and possible areas for fishing uses. • Notion was made by Commissioner fahrer and seconded by Commissioner Swift to accept the recommendation of the Consultants. Motion carried unanimously. Daring discussion. Commissioner Swift discussed possible industrial z - _ ,F„�._ areas. Notion was made by Commissioner Swift to amend the notion to include a minimum of fifty acres for an industrial '- , park. Motion carried unanimously. `mo • ' ►lanning Area /S: Consultants recommended .x++. gi6y_.:,,- Scenarios A and 0 with the use of TOR's in environmentally ..,a; sensitive areas and also consideration for the AICUZ zone. :".' 'a;'"-- Motion was made by Commissioner Swift and seconded by } .•.t.• Commissioner Harvey to accept the recommendation of the Consultants for Planning Area /S. Motion carried weans- 4, mously with Commissioner Hernandez and Mayor Sorensen being _ . absent from the meeting. Planning Area /i: Consultants recommended • Scenarios A and 0 for Planning Area H. Motion was made by . t Commissioner Harvey and seconded by Commissioner Swift to accept the recommendation of the Consultants for Planning ;t Area /6. Motion carried unanimously with Commissioner 'z-i• Hernandez and Mayor Sorensen not present. Planning Area /7: Consultants recommended -�''- Scenarios A and 0 for Planning Area 07. Commissioner Swift a ., discussed the densities and also commercial acreage. He -1$•k...4.1 recommended that the Consultants consider one hundred fifty "> units and two acres of commercial. Notion was mails by mti Commissioner fahrer and second' '---' approve the Consultants' recom with a consideration for one A acres of commercial. Motion c Commissioner Hernandez and Nay Planning Area /8: Co ATTACHMENT E Scenarios A and 0 for Planning MINUTES OF NOV. 16, 1984 _ BOCC MEETING S A il • t• A a,,,, • - 1.' . • ..'‘. . • S" 1. ...' . ...„. • . s, - • A , • •. . • . • VI C". . • 1•••• •• ....401.qiii4 3 lir- .12 fill .... • •.44. • . op-,- 4 14-:;•-nt • .• . • -,-Z, . 3, • . '24 . ...•• da . -tf.,;,•/- - `: - • i)4-- ' 4111.0` , . ,..., •t.. „ • '?*'.*''- ' •?••';',•'•1. -' 4 ••• ,., _ . 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' ?.. .• - ... k •" It S•1 ' ," - • , I .-)j - •, . -41-0 ':k: 1' "'• • . . . . .D . 4 .. • ..eiti:-. ' .. - 30 :. A 1 . . ' - •"--.1 t • . -et • 1110 . . •• • -• ' 4';''''•• 44311-- ••fi 4' • (4 ‘Vt.• 7.' '?,• . .•• 4_1'.•''• ,-•:•• 4.-;•'" .. s...,,_:,•F•,.1a.•‘W•.. • rr.1- _sir .„ ..., • 4‘. -. • ,s ..‹• ,.. -4..• 10" ..•.4 .4: -P.q.,- 101 lit ,',.° ---, . -.. " " ...- •-l'ib 7`../-,: - Olk-.. % - '''• .- ---- .. -: - - ...* .4.... .: • 62,0 . .. . • ' 4 *. .• . " 1 . s ... •• •• .. " t'- ' • 1 . • , 2 .' • .4 . . ' •• -141"...prr•aldli---at. - ''.1P4;111114'. ' \ * 4% . -'5.....01:. t`!.."‘7. • 1 1• •li.4, • 1 .•( ' 4:4420 • ••• .4.•'.' -• kt,*1-• . • - • • • ,i•. - • ,.... ,.1.- ,.•..S....S. • s •4. • • 14' .T-L ...,•. ATTACHMENT D - -- .. 1, EXISTING CONDITIONS MAP 411'n 1"=200' • A- ' ' i ,I .,. • - ' i....iligellifiggllerPl. 4Ic41:- N • G 20\ • f. I'Yo - ; 11 . .. r. SHARK IF' 'r KEY I r� . . r .e-A: ' - rr 11^r 4, , ���8 G /� ;., CO PITT KEY e . ...r: - ........ ... • 5 ,,.. 1., "IC, r :1; I,. Ji 711-pii.'-c--: qr./ 0; r, ii _ `AP:�4 ► I lam, a K E • 1/ it 'j�/ o*� ��,. v titorsd at 141,W,4 •••••••••11111111.- fg I ' Ilk 0.4, FSADDLE Ji :i`.. KEY - R . .� r • S. Ai o �, • 'd►i'l�• .. S/M/L AR SOU, A+r 1.j0.iItirl .ate � `� �% a'' ,' ahr ��.� 2 3 ,r . l��o C.) t42 (:.:1 2 0 1 'III t : - - - •Nt, .0, 0, 74c) , 4 .:1'.. di e' et° -.. 74•.2i. i 40) -J r rll �r0 `s, 140' lit . `Z 4 46 4 . .'V I •!/ V2• ,. . - EAST NiEBIRD Y tEBUA ' r '' :�`', , . '``° b'` Ay ROCKLAND "7i HARBOR � , i .- ,,: , • 17 '� �' KEY ç5:7,;o ;':` o ""• 26 ,� 1 - i sU` 27 ' . ', ,,,•' ��`� 0 PELICAN •E Y ti ID '4'14,;4:-, tE' Q � '' EIGE '1 / "� .4...I•'�,•; .. V• S .NAV. 1 . I K E1 1: �h AIR STATION Al . cui.alsot N.. Ir. &elk. ' _.[ I ATTACHMENT -' "iS: "`..t .r '' 74. .: (J • • ' , 1`-� EXISTING CONDITIONS MAP ,'_ {,I* 7.o a �1 1"=600' COMMERCIAL ,IT. 17.25 AC ....' I I t \ _ GOVT. ,LOT .3 -32.6 AC. :. • • Nies . . •r11*$$4\- • ii . . - - ck 6. . r �� . ' " NO El 0 ..'t,-' 6`0104,4 ' .. 6616 , .. ,... -. ir 11A If* ,� t��y�� ; EVE �� MN �' ACM ltiiii..1i , ii, or ,t.,%,.' ,ci.4 -,dAlr.A., 41,1 4 .0 ette \''' O '').-iM' Pi'It k,:v*.<' a, -.0 L., rm .),. ' 'Ajpi ..0, 000 .....3, ) il , . ,,. .• „.. . To, A.1\10 . , .t , s „.. ., '*1, ',of,' 4 °. ‘‘'''(1-146 IV 1 ;.11 Stifia$0 . , lip . ,,. 1 ., tko .. ..-. ve . !' .> effe, . ,,s4 e_ . , ,,Asvio., ,,.. op. ,; . ..'",,,0:1 ....,.v.•-•<.... - ,,, ,....1.. ,. ..„ . A. „,.4 : 'i, C. '':-`)'t-:. . t'''' $ , ' ,,,ir 3 .1Y La� , / / r• ATTACHMENT B I '. .0 • . f �' �+ • r : • y !.' i\1, PRE_1986 ZONING MAP + • `' ' i• 6.-tr r -�. •• !4 • i )••S t\%6:, /•' •,. �.,i 1 , f• „• ' t. it4 : ` .. • ^� .. t ` l' 1 .,. za ' , , . , , . IL:eir''.... '1 P9V1 i : ATTACHMENT A "" - CURRENT LAND USE DESIGNATION w.w-��- -..nMo.4 --- - _. TIT Vir - Or AI . pomp I'' , EAST ROCKLAND KEY N A t o N A 't� 4 oo-1 i o � o �� o�� oo ■aa.! r9vaa . a!�00 00 o aaaa oo pp�, ..� � . �,. . � vav©a _� o . .00.eo0��a0 a����g© ©©a 0,.- v. per ©©���..__�- -- • 0 0 0 00 0 . �M 0 0 0 0M ©aa ,, 000�. o 0a®a .a V 000 . o �avo � o o �� Viko 01014 ����� .ot,o 00 0 0A00 �� oo +oOW �� of 91' EAST ROCKLAND KEY 0 off• o o.0 �� oo0000 N i .o 0o N A .\ o04 , , 4 , -'" • CS , 00 POND Pc:Di w� .r E0.5! M.CHLwO KEY A .0 *I‘r I 7 da il°2' ��oo�. �Aoo�o0 ooa���9 a_ o . .o d o��e � a i,vilinalir 40:0• 0000 4 0 00 0 I kt °o 040 IIOs * -0 00 oal A�ot ..000a 'A *AOOsrO-4 s 04 4:, O c , _ N, EAST .. _ 00 0 ATT 4,0 0 N A I cl \c „PACH:::: :ROPOSA TO URM C 11111 MPROCKL. 01/TXTDR 01/14/91 10 mobile homes . The native designation had the effect of estab- lishing nearly forty nonconforming uses in Rockland Ham- mock. The URM designation would make all established uses (except agriculture) conforming, including the business uses. 3 ) New Issues: In recent months , the building department has had to deny several permits for basic improvements and repairs to struc- tures in Rockland Hammock. These denials were made because the building department has no proof that the structures were permitted in the first place. Many of the structures date back to the 1960 ' s and earlier . The applicants cannot re- ceive after-the-fact permits because the native district al- lows neither mobile homes nor dwellings on lots under two acres . Thus, many residents of Rockland Hammock cannot legally improve or repair their homes. The result of this situation is, and will continue to be, illegal construction, substandard construction and living conditions and/or the deterioration of property and thus of the community charac- ter . This situation is not in conformance with the policies and objectives of the Florida Keys Comprehensive Plan which lists as one objective: To protect, preserve and, where appropriate, improve the community character of the Florida Keys and as one policy: To encourage development that will improve the community character. 4) There will be no adverse impact on the established community character of Planning Area 4 The composite community character of Planning Area 4 , as stat- ed in Volume I of the Comprehensive Plan, is in transition from suburban to urban transition. Based on the criteria for determining community character in Volume I of the Comprehen- sive Plan, Rockland Hammock has a suburban character with respect to land use, design, intensity of buildings, open space, landscaping, social measures, economic activity and environment. The change to the URM designation would not appreciably change the community character of Rockland Ham- mock or of Planning Area 4. The existing land uses in Rockland Hammock conform to a character in transition from suburban to urban. Since only ten privately owned lots are unimproved (five are used for agriculture) and no development is proposed, the proposed map amendment will not change the _ community character of Planning Area 4 . Any development on - the unimproved lots would need the approval of the Navy. 9 IV) FINDING OF FACT AND RECOMMENDATIONS The planning staff recommends amending the land use map to change the Native designation to Urban Residential - Mobile Home. Section 9 . 5-511(d) (5) (b) states the Board of County Commissioners may consider the adoption of an ordinance enactir:g the proposed change based on the or more of five criteria provided that no adverse community character change of the plannirg area results from the change. In the planning staff' s opinion, the ordinance can be passed based on: 1) Changed assumptions: Rockland Hammock was zoned NA with the assump�ion that there would be mandatory TDRs. This was not followed up on and thus the property owner' s rights need to be readdressed. This amendment will address the changed assumption. 2 ) Data Errors: Based on the original existing conditions map which shows Rockland Hammock as being disturbed with mi:ied residential uses, the planning staff believes that an error in mapping placed Rockland Hammock in the Native Land Use District. The purpose of the Native District is to establish areas that are undisturbed with the exception of existi.g solid waste facilities, and that because of their sensitive environmental character should be preserved in their naturEl state. The lots in Rockland Hammock not included in this, map amendment have not been filled and deserve the Native Laad Use designa- tion. Lots interior to the subdivision have been filled. All utilities were in place when the land use maps were ap- proved. A site visit by the county biologist; has confirmed that both the developed and the undeveloped lots for which a map change is being requested are disturbed. Thus, these lots do not fit the purpose of the Native District. Several subdivisions are in two land use districts. Coral Shores on Little Torch Key is zoned Native and URM; Wind- ward Beach Estates on Little Torch Key and Pine Key Yacht Club Estates on Big Pine Key are zoned Native and Improved Subdivision. The appropriate zoning for Rockland Hammock is Native and URM. The disturbed lots in Rockland Ham- mock fit the purpose of the URM district - "to recognize the existence of established mobile home parks and subdivi- sions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moder- ate-cost housing in Monroe County. " Rockland Hammock was platted in 1955 and by the time the Comprehensive Plan took effect was established as a residential distri':t of primarily 8 TABLE III AICUZ SUBDIVISIONS Subdivision Land use Zone Accident Noise potential Ratina Zone Rockland Hammock NA B2 :iigh Big Coppit Estates NA B3 & B2 :iigh Boca Chica Ocean Shores SS B3 & B2 :iigh Tamarac Park URM B2 _.ntermedi- :tte Tamarac Park Section 2 MF B2 ..ntermedi- tte Caribbean Park SS B3 _ntermedi- ate Key Haven (in part) IS B3 ..ntermedi- :tte Geiger Mobile Home Park URM B3 ..ntermedi- _ .tte Rockland Village IS None iloderate Coppit Subdivision IS & SC None 'Ioderate Johnsonville IS None :Ioderate Gulf view URM None loderate Coppit Trailer Park URM None loderate Porpoise Point IS None .loderate Similar Sound IS None loderate APZ-A - the most critical accident potential zone B3 - the area which has an identifiable accident potential but less that APZ-A; B2 - the area which is less critical than APZ-B bu : still may possess potential for accidents; high noise impact, CNR 3 Noise Ratings - High greater than 75 decibels intermediate between 70 and 75 decibels moderate between 65 and 70 decibels low less than 65 decibels source: Monroe County Land Use District Maps and AICUZ map 7 COMPARISON WITH OTHER AICUZ SUBDIVISIONS Sixteen AICUZ subdivisions are located near Boca Chica Naval Air Station. Table III shows the Monroe County Land Use Designations and the AICUZ Zones. At the time the Land Use District Maps were approved Big Coppit Estates, Tamarac Park, Section 2 and Caribbean Park were all en- tirely owned by the United States Government. Boca Chica Ocean Shores is partially owned by the governmen-: but has many lawfully permitted existing houses . The SS designation allows these to continue and receive normal repairs . Key Haven is en- tirely privately owned. There does not appear to be a correlation bet•aeen the AICUZ Zone and the County land use designations. Key .iaven, which is in a more dangerous AICUZ zone, has one of the least restric- tive land use designations . In the judgement c.f the planning staff, this designation was given because the section of Key Ha- ven located in the AICUZ Zone was nearly built c-it at the time the land use maps took effect. Geiger Mobile Hone Park is also - in a more dangerous AICUZ zone but is zoned URM. • • TABLE II EXISTING STRUCTURES NOT ON TAX ROLLS: Block Lot Structures Permits Comments 3 10 Mobile Home No elec . hookup 3 18 Residence 3 19 Roofing Business ' 81 security light 3 20 Residence 4 1 Mobile Home 5 8 2 mobile homes 1 elegy . hookup 6 4 Mobile home ' 86 area light 6 7 Mobile Home 7 22-24Restaurant Lot 24 shows on the tax rolls as SFR but rrior zoning was BU-2 7 29 Mobile Home 7 30 Mobile Home 7 31 Mobile Home ' 90 Mobile Home replacement 8 3 Mobile Home One M.I is taxed; One M 3 is not " source : Monroe County Building Department files and field visits to Rockland Hammock by the planning staff 5 of these vacant lots are located in the area proposed for the map change. Of those ten, five lots are being usec.. as farms. The biologist has concluded that two of the privately owned lots are comprised entirely of mangroves and the remaining lots are wetlands (See Attached Biologist' s Report) . TABLE I THE FOLLOWING STRUCTURES ARE LISTED ON THE TAX ROLLS : Lot Block Structure Yr. Built Permits Located 3 9 SFR 1983 ' 89 ATF Building 3 15 SFR 1933 ' 86 electric ' 90 roof X elec . 4 2 SFR 1980 4 5 MH 1959 4 9 MH 1979 ' 81 fence & light 4 12 MH 1958 ' 88 electric 4 13 MH 1972 5 9 MH 1971 5 10 SFR 1958 6 1 MH 1957 ' 85 electric 7 8 MH 1966 ' 81 elec . meter 7 10 MH 1960 ' 90 renovation ' 89 electric 7 25 SFR 1978 ' 89 demolition & deck 7 26 MH 1965 7 28 2 MH 1958 & 1973 7 32 MH 1966 8 2 SFR 1967 MH 1979 8 3 MH 1978 ' 88 electric 8 11#12 MH 1938 ' 88 temporary meter on existing pole 8 22 MH 1972 8 24&25 SFR 1982 ' 89 deck Sc fill 8 29 SFR 1948 ' 74 100 amp meter 8 34 MH 1965 8 38 MH 1961 ' 72 plumbing 8 39 SFR 1976 ' 84 electric 8 40 MH 1965 source: Monroe County Tax Records and Monroe County Building Department files 4 The 1984 existing conditions map drawn at a scale of 1" = 600' , which was used as the basis for the Land Use District Maps, shows Rockland Hammock to be disturbed (740) with mixed residential uses See Attachment C) . The existing conditions map at a scale of 1 ' = 200' also shows Rockland Hammock to be disturbed ( 740) (See Attachment D) . The planning staff can find no evidence that the Board of County Commissioners specifically discussed the Native Land Use Designation for Rockland Hammock. On November: 16, 1984, the BOCC unanimously approved the recommendations of the land use consultants for Planning Area 4 which required man- datory Transferable Development Rights ( See Attachment E) . However, the mechanism of mandatory Transferable Development Rights was subsequently dropped during the preparation of the Land Development Regulations . The Land Use District Map adopted September 15, 1986 places Rockland Hammock in the Native Land Use District ( See Attach- ment F) . All undeveloped lots are in the Air Installation Compatible Use Zone (AICUZ) . This is a nationwide program instituted by the Department of Defense to address the issues of public safety and noise exposure near military airfields . Rockland Hammock is located in a zone with no accident potential but with high noise exposure . The AICUZ zone could ;hange with a change in the quantity or type of aircraft used at Boca Chica Naval Air Station. All AICUZ subdivision ; (undevel- oped lots only) were proposed for acquisition an'i condemned under this program. At this time, The United Sta:es Govern- ment owns 84% of the vacant lots in Rockland Hamriock. Many of the privately owned vacant lots are in con-.iguous lot ownership. III LAND USE ANALYSIS Rockland Hammock is characterized primarily by sirgle family homes and mobile homes . In addition, two businesses and several farms are located in the subdivision. Of the 161 to :s, only 41 lots are improved ( see tables I & II ) . Rockland Hammock subdivision is comprised of one hundred six- ty-one lots, Tract A ( 1 . 3 acres) and a park dedicated to the pub- lic . Tract A and the park are on submerged lands. )ne hundred three lots (64%) and tract A are owned by the Navy; fifty nine lots (36%) are in private ownership. Twenty of tho privately owned lots are vacant in Rockland Hammock. However , only ten 3 2 ) Location and Planning Area: Rockland Hammock Subdivision, Rockland Key Planning Area 4 II BACKGROUND INFORMATION 1) Land Use District: Native Land Use District 2 ) Legal Description: Block 3 , Lots 1-9 and Lots 12- 20 Block 4, Lots 1-20 Block 5 , Lots 1-10 Block 6, Lots 1-5 Block 7, Lots 8-10 and Lots 22-32 Block 8, Lots 2, 3 , 11, 12 , 14-24, 26-36, 38-40 Rockland Hammock Subdivision, Rockland Key 3 ) Size of Site: Approximately 14. 5 acres 3 ) Existing Vegetation: Disturbed 4) Community Character of Immediate Vicinity The immediate vicinity is characterized by military facili- ties, saltmarsh/buttonwood and mangrove habitats. All sur- rounding property is owned by the United States Government. 5 ) History of zoning Prior to 1986, Rockland Hammock was zoned RU-1 (See Attach- ment B) with the exception of three lots (two were zoned BU-2 and one was zoned GU) . The RU-1 designation permitted single family homes but forbad mobile homes. The RU-1 desig- nation intended to provide residential areas whici were sin- gle family residential lots of record at the time of passage of the ordinance. The RU-1 designation specifica'ly prohib- ited mobile homes. At the time of the passage of this ordi- nance nearly twenty mobile homes existed in Rockland Hammock subdivision. '2 MEMORANDUM TO: Development Review Committee FROM: Antonia Gerli , Planner DATE: January 4, 1991 REF: Map Amendment Request - Rockland Hammock DRC MEETING January 22, 1991 PREVIOUS RELEVANT DRC ACTION: Yes ; No X Date & Action: I REQUEST 1 ) The Monroe County Board of County Commissioners, is request- ing a change of land use designation from NATIVE (NA) to URBAN RESIDENTIAL - MOBILE HOME (URM) ( see Attachment A) . Criteria for selection of Lots For URM Designation All lots selected for the URM designation are filled and disturbed lots . No wetland lots are included in the URM designation. All privately owned lots that are filled are in the URM designation. Impact of the Change to the Urban Mobile Home District The planning staff believes that the greatest impact of the change to the URM designation will be the ability of the residents to legally improve their homes and thus improve the community character of Rockland Hammock. The zoning change would directly affect the twenty dwellings for which the building department cannot find proof of initial permit- ting. The URM designation would also allow replacement of mobile homes although requirements need to be addressed on a case by case basis and enlargement and extension of existing homes and mobile homes . Ten vacant lots are in private ownership. Property owners would be able to apply for building permits on these lots. Antonia Cerli submitted a report dated January 4 , 1991 , and recommended approval. Director of Roads & Bridges Representative not present DEVELOPMENT REVIEW COORDINATOR Ty Symroski' s comments were: 1 . The proposed map amendment area can be increased after going to the DRC meeting as long as proper notice is given before being heard at the Planning Commission meet- ing, but the Planning Commission and/or the Board of County Commissioners can decrease the area if they desire. 2 . Wants to avoid gerrymandered boundaries. 3 . URM zoning in saltmarsh gives better transferable develop- ment rights (TDR' s) . 4 . Wants to know what the FEMA requirements are. 5. Needs to confirm if AICUZ would deny houses . 6. Wants Walker Moran (property owner) to get copies of permit for his property and encourages him to have his neighbors to do the same. 7 . Wants to know if DCA opposes any lawfully permitted hous- es or mobile homes. PROPERTY OWNER Walker Moran commented that there is a tremendous problem of illegal dumping and the county should block off the roads. RECOMMENDATIONS OF THE DEVELOPMENT REVIEW COMMITTEE The Development Review Committee recommends that the bound- aries be readjusted and compare alternatives of URM, IS, or NA for resultant nonconformities and closest fit with respec- tive purposes. cc: Robert Herman Ty Symroski Applicant Planner Biologist DRC Members Project File MPROCKL. 04/TXTDR,012591 Representative not present Health Rehabilitative Services (HRS) Representative not present Department of Community Affairs (DCA) Randy Cohen' s comments were: 1 . The proposed map amendment may not meet the URM purpose. 2 . The boundary was not part of the 1988 survey. 3 . There are no permitted structures. 4 . The "farms" should be mapped. Larry Olney' s comments were: 1 . The lots are saltmarsh & buttonwood, although some mangroves are present. 2. Improved Subdivision (IS) would be more appropriate. 3 . He suggests the following: delete block 3 , lots 1-9 , but lot 9 has a house and lot 8 is vacant, also lots 11-17 . delete block 8 , lots 30-33 and 36 , lot 35 should be checked for fill. delete block 4, lots 9 and 10 , lot 10 needs to be checked if wetlands or not. Florida Game and Fresh Water Fish Commission Pete Kalla' s comments were: Some wetlands are within the proposed boundary and should not be included in the area. County Biologist Diana Stevenson submitted a report dated December 11, 1990 . Her other comments were: All the navy owned property will not be rezoned. County Planner • M E M O R A N D U M To Lorenzo Aghemo, Planning Department Director From: Lori Hoover . Staff Assistant I --t) /;!'"t--t__ Date: January 24, 1991 Re: Map Amendment Rockland Hammocks DRC Meeting of January 23 , 1991 REQUEST The Monroe County Planning Department is requesting a change of land use from Native (NA) to Urban Residential Mobile Home (URM) for approximately 14. 5 acres. LAND USE DISTRICT Native Area (NA) LEGAL DESCRIPTION Property located on block 3 , lots 1-9 , and lots 12-20 ; block 4 , lots 1-20 ; block 5 , lots 1-10; block 6 , lots 1-5 ; block 7 , lots 8-10 and lots 22-32 ; block 8 , lots 2 , 3 , 11 , 12 , 14-24, 26-36, and 38-40, Rockland Hammock Subdivision, section 28 , township 67S, range 26E, Rockland Key, Monroe County, Florida, approximately MM 9 . PROPERTY OWNER Walker Moran DRC ATTENDEE' S Pete Kalla - Florida Game & Fresh Water Fish Commission Larry Olney - Department of Community Affairs Randy Cohen - Department of Community Affairs Ty Symroski - Development Review Coordinator Antonia Gerli - County Planner Diana Stevenson - County Biologist • AGENCY COMMENTS Florida Department of Transportation (FDOT) Representative not present Florida Department of Environmental Regulations (DER) . erft ca, tilttovi CO DWE FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 November 7 , 1991 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes , this will acknowledge your letters of November 4 , 1991 and certified copies of Monroe County Ordinance Numbers '°aLtM nd 0-14,25; which were filed in this office on November 6 . 1991 . Sincerely, 44.6-. Q1-0kAcS). Liz Cloud, Chief ,r Bureau of Administr1tive Code LC/mb •'V-1A 'A. iNf103 .]OJN014 3 NI3 `A13 E0: Ed Zl AON 1.6. ud0:3Id 'du 03313 SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and 4a&b. ' •�rinLvnu�name e...+e.+ds_nn_* „a,�„...f,�.:,,,�,,,,,,-.,_*„a....d following services (for an extra 's Address �W 3 D ID a c ;r:ti: • I a, — 6/0 oc, mpli id o " ti 3 P` m ad r� w 5 > 8 N • E9 �i Receip t for II ndisedc oc m I � o) 'R NI 8 m " o. o 9S® V Z + a ' _ rn4 7 I I `LI % (-4 ly if requested IjzhLp1 m ¢ 0 o d m S u c 0661 aunt `008E WiOd Sd P 630 477 009 N RECEIPT Certified Mail Receipt SENDER: No Insurance Coverage Provided ` • Complete it6 ® Do not use for International Mail • Complete itd PS Form 3800,June 1990 u SYAY�K.SE (See Reverse) • Print your n: p, v a i3 ur return this cart N all 1 w_m m m v 2 2 t� 'A - p • Attach this; 3 m P. o. R. •^ ,, 8 y('/�//Y/L/I does not erm' ° " '�.. I P i x- y o D, 3 33 a m n m .� o ' • Write"Retu5 o w�' .� 2.m o f? m m Strget&No. • The Return y 'ms ...— `0 12 , co • i `��d �j`r to and thedat (4 w 0) (DZ 11.1 = YY I �7 ,2 (� l� P. '1'St e 8 ZI ode 3. Article I � 4 m °.`f,`.. j N r� CD C Postage $ ,—/ reif ..,302s6/ trill • ii �� %:�, , N 0 7 (D J Certified Fee N t__ G� Special Delivery Fee �� ` ci- iii m Gig .,1 666/// l� ` 1 o-i C L 0d C o o� � Y Restricted Delivery Fee N • Return Re in 5. SlgnatU� r.:0 a ` �• K o¢ M S g ' �� rn to Wh Sue Del d 1 �.vv w• �� rn ©Q l/ .0eb— o .. o d Re �dc{1��ipt ' g to horn, 6. .Signatu�_�/ c DI s2ss of De ery o �t �icli� $4I q( ) ,--•-PS..F•rm 381, ., :,,.:. b-r J *U.S. PO <:_::v•. o c> �' DOMESTIC RETURN RECEIPT co Po trgar or Date^" cl rn 0 _ w pOc''w CIn W�`Op Y, 9 t ' , • couNTY.FyOa afnp IL. 1oUjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL.(305)743-9036 KEY WEST,FLORIDA 33040 TEL.(305)852-9253 TEL. (305)294-4641 November 4, 1991 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. O -5=19-9:1 adopting a Land Use District Map Amendment from Native Area to Urban Residential Mobile Home on property known as Rockland Hammock Subdivision; etc . This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on September 18, 1991. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of . .unty Commissioners By: . / Rosalie L. C : nolly, De/o ty Clerk cc : Department of Community Affairs-Tallahassee Department of Community Affairs-Key West Mayor Wilhelmina Harvey Mayor Pro Tem Jack London Commissioner Earl Cheal Commissioner Douglas Jones Commissioner John Stormont County Attorney Randy Ludacer County Administrator Tom Brown Growth Management Division Director Bob Herman