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Item P1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17. 2001 Division: Growth Management Bulk Item: Yes No -K- Department: Planning AGENDA ITEM WORDING: Second public hearing to consider a request by Toppino's, Inc. to amend the Future Land Use Map from Industrial (I) to Residential High (RH) and to amend the Land Use District Map from Industrial (I) to Urban Residential (DR). ITEM BACKGROUND: On June 19,2001 the Development Review Committee recommended denial of both items to the Planning Commission. On July 11, 2001, the Planning Commission recommended approval of both items to the Board of County Commissioners. On September 6, 2001, staff was made aware of additional information not previously available in the Monroe County Land Development Regulations. This information prohibits any residential development on the proposed development site. See attached memorandum of September 28. 2001. PREVIOUS REVELANT BOCC ACTION: Transmittal Approval September 5, 2001. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Denial TOTAL COST: N/A BUDGETED~ Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes NI A No AMOUNT PER MONTH NI A Year APPROVED BY: County Atty. X- Risk Management NI A DIVISION DIRECTOR APPROVAL: ,AICP DOCUMENTATION: Included X To Follow_ Not Required_ AGENDA ITEM # ~/ DISPOSITION: Revised 2/27/01 W:\Planning\ Working Folders\Gross-Fred\Toppino\Agenda Summary No.2.doc MEMORANDUM September 28, 2001 TO: Monroe County Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning SUBJECT: Second Public Hearing to consider request by Toppino's Inc. to amend the Future Land Use Map from Industrial (I) to Residential High (RH) and to amend the Land Use District Map from I~dustrial (I) to Urban Residential (UR). Subsequent to the public hearing of September 5, 2001, the Department of the Navy advised the Florida Department of Community Affairs (letter of September 6, 2001 attached) that the Monroe County Land Development Regulations (LDR) Sec. 9.5-252 (h) required the planning staff to review any proposed development for consistency with the Air Installation Compatible Use Zone Study (AICUZ). The AICUZ had produced an overlay map which identified air traffic patterns at the Naval Air Station on Boca Chica Key and recommended land uses which would be appropriate for land beneath the air traffic patterns. Restrictions for Military Airports were adopted as Sec. 9.5-252 (h) of our Land Development Regulations. However. both the Map and Land Use Objectives Matrix were inadvertently omitted from the LDR's. The Map and Land Use Matrix expressly prohibit any residential development. The AICUZ map and related land use matrix are attached. The site of the proposed amendment is within the area of the AICUZ map designated CNR3 which does not permit Residential development. It permits only Industrial and limited Commercial development. The AICUZ map was created in 1978. Staff has contacted the Naval Air Station and requested information on any changes in their operation or equipment which during the past 23 years may have resulted in a relaxation of the current restrictions on residential development (Letter of September 19, 2001 attached). However, as of this date and with the prevailing information, staff must continue to recommend denial of the application. TOPPINO'S INC. FUTURE LAND USE MAP AMENDMENT AND LAND USE DISTRICT (ZONING) MAP AMENDMENT CONTENTS · Advisory Memorandum for Second Public Hearing · Itinerery of previous actions · Draft FLUM Ordinance (Approval) · Draft FLUM Ordinance (Denial) · Draft Rezoning Ordinance (Approval) · Draft Rezoning Ordinance (Denial) · Staff Report BOARD OF COUNTY COMMISSIONERS KEY WEST HARVEY GOVERNMENT CENTER OCTOBER 17, 2001 09/07/2001 12:10 3052932542 NAFKWPWDENG P""Gt:: C::' - I.'~i DEPARTMENTOFTHENAVY NAVAL AIR STATION PO BOX 9001 KEY WEST FL 33040.9001 11000 Ser 1884/0478 6 Sept 01 Ms. Rebecca Jetton Department of community Affairs 2796 Overseas Highway Suite 212 Marathon, FL 33050 Dear Madam: This letter is in response to a newspaper article on the front page of the Key West Citizen dated September 6, 2001(copy attached). This article reported that the County of Monroe has approved a zoning change from "industrialtl to "residential" for an area of Rockland Key. It is apparent that this approval was made without considering the input of the United states Navy and the incompatibility of high density residential development with our aircraft operations over this area. We are currently reviewing the Land Development Regulations for Monroe County Florida, specifically section 9.5-252(h) and our Air Installation Compatible Use Zone Study (AICUZ) and request that our Station be given the opportunity to review this zoning change and comment on the possible impact. Our point of contact regarding this matter is Birch Ohlinger, Facilities Planning Branch Manager at (305)293-3143. Sincere1y, ~~- L. S. COTTON Captain, U.S. Navy Commanding Officer Enclosure: 1. Key West Citizen Newspaper Article ,"\'-~' "", . \.", ........ ,,\' .. """, ....-:,. ...... """ - ... .:1~'-- . --V'/ a& ......' ...- ..- -~ \ h. ~'" ~ Z ;~ Z .;3 . - - .. _J :t ('J L" c:. 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IV.. 16 County of Monroe Growth Manastement Division 2798 Overseas Highway Suite 400 Marathon, Borida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County ~oners Mayor George Neugent, Dist. 2 Mayor Pro Tern Nora Williams, Dist. 4 Comm. Charles "Sonny" McCoy, Dist. 3 Comm. Murray Nelson, Dist. 5 Comm. Dixie Spehar, Dist. 1 September 19,2001 Commanding Officer Attention: 01 PO Box 9001 Naval Air Station Key West, FL 33040 Dear Sir: The Monroe County Planning Department is presently reviewing a proposal to change the zoning designation of an area on Rockland Key from Industrial to Residential in order to permit the development of 85 Units of Affordable Housing. As a part of that review, Sec.9.5-252 of the Monroe County Land Development Regulations requires the proposed development to be in accordance with the map prepared by the U.S. Navy in conjunction with the United States Navy's Air Installation Compatible Use Zone Study (AICUZ). Both the AICUZ and the Map were created in February 1977. Since that time, we are not aware of any modifications or amendments that may have been made. It is important that we know if, during the past 24 years, air operations, noise levels, flight paths, or other modem improvements have occurred which would affect the boundaries of the composite noise rating (CNR) zones and accident potential zones (APZ). Such changes could possibly affect the existing development proposal as well as other development opportunities that may be in the early planning stages. I would appreciate it if your staff could review this issue and advise us of any relevant changes that could help us in our future planning. Thank you for your assistance in this matter. Sincerely, K. Marlene Conaway Director, Planning & Environmental Resources TOPPINO'S INC. FUTURE LAND USE MAP AMENDMENT AND LAND USE DISTRICT (ZONING) MAP AMENDMENT SECOND PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS KEY WEST HARVEY GOVERNMENT CENTER OCTOBER 17,2001 PROPOSED FUTERE LAND USE AMENDMENT INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) & PROPOSED ZONING AMENDMENT INDUSTRIAL (I) TO URBAN RESIDENTIAL (UR) This map amendment proposes to change the Future Land Use Map designation from Industrial (I) to Residential High (RH) and change the Land Use (Zoning) Map from Industrial (I) to Urban Residential (UR) for property located on part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, Mile Marker 9.5. The real estate number is 00121980.000600. FUTURE LAND USE RECOMMENDATIONS DRC Denial June 19, 2001 Resolution #D17-01 PC Approval July 11, 2001 Resolution # P47-01 ZONING RECOMMENDATIONS DRC Denial June 19, 2001 Resolution #D17-01 PC Approval July 11, 2001 Resolution #P48-01 DRAFT FLUM ORDINANCE AND MAP EXHIBIT 1 APPROVAL ORDINANCE NO. -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST OF TOPPINO'S, INC.TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) FOR PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5, HAVING REAL ESTATE NUMBER 00121980.000600. WHEREAS, the Monroe County Board of County Commissioners, during public meetings held on September 5, 2001, and on October 17, 2001 conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map (FLUM) from Industrial (I) to Residential High (RH) for property located on East Rockland Key and further described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having real estate number 00121980.000600; and WHEREAS, the Monroe County Planning Commission recommended approval of this future land use map amendment from Industrial (I) to Residential High (RH) as indicated in Resolution P47-01; and WHEREAS, THE Monroe County Planning Commission held a public hearing on July 11, 2001 and recommended approval; and WHEREAS, the Monroe County Board of County Commissioners made the following 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, specifically changed assumptions and new issues. 2. The application from the applicant to change the Future Land Use Map from Industrial to Residential High (RH). Page 1 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc 3. The staff report prepared by K. Marlene Conaway, Director of Planning, dated August 20, 2001. 4. The applicant would utilize the provisions of Chapter 163.3187(1)(c) of the Florida Statutes to facilitate the rezoning process which states that "any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to the statutory limits on the frequency of consideration of amendments to the local comprehensive plan". Furthermore, Chapter 163.3187(1)(c)(1)(e) states that "the property subject to the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing meeting the criteria of Chapter 420.0004(3) of the Florida Statutes, and is located within an area of critical state concern designated by Chapter 380.05(1). Such amendment is not subject to the density limitations of sub-paragraph (f), and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located". 5. The map amendment will provide a location for the construction of much needed affordable housing in the lower Keys, and is consistent with and furthers affordable housing Goal 601 objectives and policies of the Monroe County Year 2010 Comprehensive Plan. 6. The pre-1986 zoning of the subject property was General Use (GU) which allowed one residential unit per acre. 7. During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 8. Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 9. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use district boundaries, categorizing the FLUM for the subject property Industrial (I). 10. On August 15, 2000 a pre-application conference between the applicant and Planning Department staff was held to discuss specifics concerning the development potential of the subject property. Construction of an eighty-five (85) unit affordable housing project was the topic of discussion. It was Page 2 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc determined that amendments to the Land Use District (Zoning) Map would be required from Industrial (I) to Urban Residential (UR) and the Future Land Use Map (FLUM) from Industrial (I) to Residential High (RH) and that Conditional Use approval would also be required with a Residential High (RH) land use designation. 11. The proposed map amendment seeks to change the existing Future Land Use Map designation from Industrial (I) to Residential High (RH). 12. Section 9.5-511 prohibits any map amendments, which would negatively impact community character. 13. The subject property is bordered by the following Future Land Use Map (FLUM) designations: Residential Medium to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the FLUM designation of its property from Mixed Use/Commercial (MC) to Industrial (I). 14. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential (UR). 15. 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. 16. The 2001 Public Facilities Assessment Report and the listed programs on storm water and wastewater indicate that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102 since the habitat for the subject property was found to be already disturbed and scarified. Therefore, no negative impacts on the natural resources of the subject property are anticipated. 19. The proposed amendment marginally supports Goal 102 since it changes the development potential of the subject property. The requested change would increase the density while decreasing the maximum intensity. Page 3 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc 20) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. WHEREAS, the Monroe County Board of County Commissioners made the following Conclusions of Law: 1) The amendment meets the criteria outlined in Section 9.5-511(d)(4) b.iL and iv. of the Monroe County Land Development Regulations in that it will not negatively impact the character of immediate area. 2) The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2001 Public Facilities Capacity Assessment Report. 3) The proposed land use change is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan in that it would not negatively impact the community's character. 4) The proposed map amendment is consistent with Policy 301.2.2 of the Monroe County Year 2010 Comprehensive Plan which states " Monroe County shall not permit new development, which, in combination with all other developments, would significantly degrade the LOS below adopted LOS standards" . 5) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. The CNR3 designation implies only high noise levels. The zone has no accident potential. It may be possible to employ noise mitigation measures such as double or triple glazing of windows to ameliorate the problem. However, the Land Development Regulations would have to be changed before residential development may be permitted. 6) The proposed map amendment is consistent with and supports affordable housing Goal 601 objectives and policies of the Monroe County Year 2010 Comprehensive Plan which states "Monroe County shall adopt programs and policies to encourage housing of various types, sizes, and price ranges to meet the demands of current and future residents"; NOW THEREFORE Page 4 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property which is currently designated Industrial (I) shall be designated Residential High (RH) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163. Page 5 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc PASSED AND ADOPTED BY THE County Commissioners of Monroe County, Florida, at a public meeting held on the day of , A.D., 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (S EAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK Page 60f6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc Atiantic Ocean ~= Ito RH The Monroe County Year 2010 Comprehensive Plan Future N Land Use Map is m:QPOsed to be amended as indicated above and briefly described as: Chanae Part of Gov. Lot 5 of Sec. 21. Two 67 S. Rae 26 E.. East Rockland Kev .Monroe County. Florida from I to RH Pursuant to Effective Date: I Director of Planning and Environmental Resources Amendment #: 00152 Date Map #: 8 EXHIBIT 1 DRAFT FLUM ORDINANCE AND MAP EXHIBIT 1 DENIAL ORDINANCE NO. -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DENYING THE REQUEST OF TOPPINO'S, INC.TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) FOR PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5, HAVING REAL ESTATE NUMBER 00121980.000600. WHEREAS, the Monroe County Board of County Commissioners, during public meetings held on September 5, 2001, and on October 17, 2001 conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map (FLUM) from Industrial (I) to Residential High (RH) for property located on East Rockland Key and further described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having real estate number 00121980.000600; and WHEREAS, the Monroe County Planning Commission recommended approval of this future land use map amendment from Industrial (I) to Residential High (RH) as indicated in Resolution P47-01; and WHEREAS, THE Monroe County Planning Commission held a public hearing on July 11, 2001 and recommended approval; and WHEREAS, the Monroe County Board of County Commissioners made the following 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, specifically changed assumptions and new issues. 2. The application from the applicant to change the Future Land Use Map from Industrial to Residential High (RH). Page 10f6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc 3. The staff report prepared by K. Marlene Conaway, Director of Planning, dated August 20, 2001. 4. The applicant would utilize the provisions of Chapter 163.3187(1)(c) of the Florida Statutes to facilitate the rezoning process which states that "any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to the statutory limits on the frequency of consideration of amendments to the local comprehensive plan". Furthermore, Chapter 163.3187(1)(c)(1)(e) states that "the property subject to the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing meeting the criteria of Chapter 420.0004(3) of the Florida Statutes, and is located within an area of critical state concern designated by Chapter 380.05(1). Such amendment is not subject to the density limitations of sub-paragraph (f), and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located". 5. The map amendment will provide a location for the construction of much needed affordable housing in the lower Keys, and is consistent with and furthers affordable housing Goal 601 objectives and poliCies of the Monroe County Year 2010 Comprehensive Plan. 6. The pre-1986 zoning of the subject property was General Use (GU) which allowed one residential unit per acre. 7. During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 8. Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 9. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use district boundaries, categorizing the FLUM for the subject property Industrial (I). 10. On August 15, 2000 a pre-application conference between the applicant and Planning Department staff was held to discuss specifics concerning the development potential of the subject property. Construction of an eighty-five (85) unit affordable housing project was the topic of discussion. It was Page 2 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc determined that amendments to the Land Use District (Zoning) Map would be required from Industrial (I) to Urban Residential (UR) and the Future Land Use Map (FLUM) from Industrial (1) to Residential High (RH) and that Conditional Use approval would also be required with a Residential High (RH) land use designation. 11. The proposed map amendment seeks to change the existing Future Land Use Map designation from Industrial (I) to Residential High (RH). 12. Section 9.5-511 prohibits any map amendments, which would negatively impact community character. 13. The subject property is bordered by the following Future Land Use Map (FLUM) designations: Residential Medium to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the FLUM designation of its property from Mixed Use/Commercial (MC) to Industrial (1). 14. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential (UR). 15. 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. 16. The 2001 Public Facilities Assessment Report and the listed programs on storm water and wastewater indicate that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102 since the habitat for the subject property was found to be already disturbed and scarified. Therefore, no negative impacts on the natural resources of the subject property are anticipated. 19. The proposed amendment marginally supports Goal 102 since it changes the development potential of the subject property. The requested change would increase the density while decreasing the maximum intensity. Page 3 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc 20) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. WHEREAS, the Monroe County Board of County Commissioners made the following Conclusions of Law: 1) The amendment meets the criteria outlined in Section 9.5-511(d)(4) b.iL and iv. of the Monroe County Land Development Regulations in that it will not negatively impact the character of immediate area. 2) The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2001 Public Facilities Capacity Assessment Report. 3) The proposed land use change is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan in that it would not negatively impact the community's character. 4) The proposed map amendment is consistent with Policy 301.2.2 of the Monroe County Year 2010 Comprehensive Plan which states " Monroe County shall not permit new development, which, in combination with all other developments, would significantly degrade the LOS below adopted LOS standards" . 5) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. 6) The proposed map amendment is consistent with and supports affordable housing Goal 601 objectives and poliCies of the Monroe County Year 2010 Comprehensive Plan which states "Monroe County shall adopt programs and policies to encourage housing of various types, sizes, and price ranges to meet the demands of current and future residents"; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Page 4 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc fluID ord.doc Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property which is currently designated Industrial (I) shall be designated Residential High (RH) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163. Page 5 of6 W: \Planning\ Working F 0 Iders\Gross- Fred\ T oppino \hocc flum ord.doc PASSED AND ADOPTED BY THE County Commissioners of Monroe County, Florida, at a public meeting held on the day of , A.D., 2001. Mayor George Neugent Mayor Pro Tern Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK Page 6 of6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc Atiantic Ocean ~= Ito RH The Monroe County Year 2010 Comprehensive Plan Future N Land Use Map is RrQPosed to be amended as indicated above and briefly described as: Chanae Part of Gov. Lot 5 of Sec. 21. Two 67 S. Rae 26 E.. East Rockland Key .Monroe County. Florida from I to RH Pursuant to Effective Date: # Director of Planning and Environmental Resources Amendment #: 00152 Date Map #: 8 EXHIBIT 1 ORDINANCE NO. 2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY TOPPINO'S INC. TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM INDUSTRIAL (I) TO URBAN RESIDENTIAL (UR) FOR PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5, HAVING REAL ESTATE NUMBER 00121980.000600. WHEREAS, the Monroe County Board of County Commissioners, during public meetings held on September 5, 2001, and on October 17, 2001 conducted a review and consideration of a request filed by the applicant to amend the Land Use District Map (zoning) from Industrial (I) to Urban Residential (UR) for property located on East Rockland Key and further described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having real estate number 00121980.000600; and WHEREAS, the Planning Commission recommended approval of this future land use map amendment from Industrial (I) to Urban Residential (UR) as indicated in Resolution P48-01; and WHEREAS, the Planning Commission held a public hearing on July 11, 2001 and recommended approval of the request; and WHEREAS, the Monroe County Board of County Commissioners made the following Findings of Fact: 1. Section 9.5-511(d)(5)b. of the Monroe County Land Use Regulations allows the Planning Commission to consider adopting an ordinance to enact map changes under one or more of the six listed conditions, specifically changed assumptions and new issues. Page 1 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 2. The map amendment will provide a location for the construction of much needed affordable housing in the lower Keys. There are few parcels in the Lower Keys of sufficient size and appropriately zoned for multifamily affordable housing. The subject property is also appropriate for such residential development due to its lack of environmentally sensitive lands, as contemplated by Goal 102. 3. On August 15, 2000 a pre-application conference between the applicant and Planning Department staff was held to discuss construction of an affordable housing project. It was determined that amendments to the Land Use District (Zoning) Map would be required from Industrial (I) to Urban Residential (UR). 4. The pre-1986 zoning of the subject property was General Use (GU) which allowed one residential unit per acre. 5. During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 6. Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 7. The proposed map amendment seeks to change the existing Land Use (Zoning) Map designation from Industrial (I) to Urban Residential (UR). 8. The subject property is bordered by the following Land Use District designations: Improved Subdivision to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the designation of its property to Industrial (I). 9. Section 9.5-204 of the Land Development Regulations states that the purpose of the Urban Residential (UR) zoning designation is to provide areas appropriate for high-density residential uses designed and intended for persons gainfully employed in the Florida Keys and to create areas to provide for vacation rental use of detached dwellings, duplexes and multi- family dwellings. This district should be established at or near employment centers. 10. The Residential High (RH) Future Land Use category corresponds with the land use zoning category of Urban Residential (UR). The maximum net density for the UR district is twenty-five units per acre where all units are designated as affordable housing. Page 2 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 11. Objective 101.11 of the Comprehensive 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. Therefore, the provision and availability of public facilities will be reviewed during the site review process. 12. Section 9.5-511 provides that the Board of County Commissioners may make a change to the land use map if one or more factors are present. The proposed amendment establishes changed assumptions about the need and appropriateness of the site for industrial use and because of new issues; the county-wide need for affordable housing. 13. Section 9.5-511 prohibits any map amendments, which would negatively impact community character. The area is adjacent to an existing residential community and therefore would not negatively impact the existing community character. 14. Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The subject property does not contain our environmentally sensitive lands and therefore is suitable for future growth as contemplated by Goal 102. 15. The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. WHEREAS, the Monroe County Board of County Commissioners made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5- 511(d)(4) b.ii. and iv. of the Monroe County Land Development Regulations and will not negatively impact the community character of immediate area. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report. Page 3 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 3. The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. The CNR3 designation implies only high noise levels. The zone has no accident potential. It may be possible to employ noise mitigation measures such as double or triple glazing of windows to ameliorate the problem. However, the Land Development Regulations would have to be changed before residential development may be permitted. 4. The proposed land use change would not negatively impact the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section l.This Board specifically adopts the Findings of Fact and Conclusions of Law stated above. Section 2. The previously described property, which is currently designated Industrial (I) shall be designated Urban Residential (UR) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Land Use (ZOning) Map of 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 affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review pursuant to Chapter 163, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Page 4 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a public meeting held on the day of A.D., 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK Page 5 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc ",'" ",'" , " " , ~' I ,,' I " ,"'" " " ...' ... ,- " -' -- -- -- -- -- -- ..-............- ---- ~ . I I I I I I I I I I I I I I I I I I I I I I I I I ~ ~ POND L______. The Monroe County Land Use Map is proposed to be N amended as indicated above and briefly described as: Chanae Part Gov. Lot 5. Sec. 21. Two. 01 S.. Rae. 26 E.. Rockland Kev. RE. #00121980.00000oo. Aooroximate Mile Marker: 9.3+ from Industrial (I) to Urban Residential (UR) Date: Amendment #: 01-152 Sheet #: 554 EXHIBIT 1 DRAFT REZONING ORDINANCE AND MAP EXHIBIT 1 DENIAL ORDINANCE NO. 2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DENYING THE REQUEST BY TOPPINO'S INC. TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM INDUSTRIAL (I) TO URBAN RESIDENTIAL (UR) FOR PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5, HAVING REAL ESTATE NUMBER 00121980.000600. WHEREAS, the Monroe County Board of County Commissioners, during public meetings held on September 5, 2001, and on October 17, 2001 conducted a review and consideration of a request filed by the applicant to amend the Land Use District Map (zoning) from Industrial (I) to Urban Residential (UR) for property located on East Rockland Key and further described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having real estate number 00121980.000600; and WHEREAS, the Planning Commission recommended approval of this future land use map amendment from Industrial (I) to Urban Residential (UR) as indicated in Resolution P48-01; and WHEREAS, the Planning Commission held a public hearing on July 11, 2001 and recommended approval of the request; and WHEREAS, the Monroe County Board of County Commissioners made the following Findings of Fact: 1. Section 9.5-511(d)(5)b. of the Monroe County Land Use Regulations allows the Planning Commission to consider adopting an ordinance to enact map changes under one or more of the six listed conditions, specifically changed assumptions and new issues. Page 1 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 2. The map amendment will provide a location for the construction of much needed affordable housing in the lower Keys. There are few parcels in the Lower Keys of sufficient size and appropriately zoned for multifamily affordable housing. The subject property is also appropriate for such residential development due to its lack of environmentally sensitive lands, as contemplated by Goal 102. 3. On August 15, 2000 a pre-application conference between the applicant and Planning Department staff was held to discuss construction of an affordable housing project. It was determined that amendments to the Land Use District (Zoning) Map would be required from Industrial (I) to Urban Residential (UR). 4. The pre-1986 zoning of the subject property was General Use (GU) which allowed one residential unit per acre. 5. During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 6. Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 7. The proposed map amendment seeks to change the existing Land Use (Zoning) Map designation from Industrial (I) to Urban Residential (UR). 8. The subject property is bordered by the following Land Use District designations: Improved Subdivision to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the designation of its property to Industrial (I). 9. Section 9.5-204 of the Land Development Regulations states that the purpose of the Urban Residential (UR) zoning designation is to provide areas appropriate for high-density residential uses designed and intended for persons gainfully employed in the Florida Keys and to create areas to provide for vacation rental use of detached dwellings, duplexes and multi- family dwellings. This district should be established at or near employment centers. 10. The Residential High (RH) Future Land Use category corresponds with the land use zoning category of Urban Residential (UR). The maximum net density for the UR district is twenty-five units per acre where all units are designated as affordable housing. Page 20[5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 11. Objective 101.11 of the Comprehensive 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. Therefore, the provision and availability of public facilities will be reviewed during the site review process. 12. Section 9.5-511 provides that the Board of County Commissioners may make a change to the land use map if one or more factors are present. The proposed amendment establishes changed assumptions about the need and appropriateness of the site for industrial use and because of new issues; the county-wide need for affordable housing. 13. Section 9.5-511 prohibits any map amendments, which would negatively impact community character. The area is adjacent to an existing residential community and therefore would not negatively impact the existing community character. 14. Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The subject property does not contain our environmentally sensitive lands and therefore is suitable for future growth as contemplated by Goal 102. 15. The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. WHEREAS, the Monroe County Board of County Commissioners made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5- 511(d)(4) b.ii. and iv. of the Monroe County Land Development Regulations and will not negatively impact the community character of immediate area. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report. Page 3 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 3. The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. 4. The proposed land use change would not negatively impact the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1.This Board specifically adopts the Findings of Fact and Conclusions of Law stated above. Section 2. The previously described property, which is currently designated Industrial (I) shall be designated Urban Residential (UR) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Land Use (ZOning) Map of 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 affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review pursuant to Chapter 163, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. Page 4 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a public meeting held on the day of A.D., 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK Page 5 of5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc I'OND . I I I I I I I I I I I I I I I I I I I I I I I I I ~ POND L_____. ,,' " " " " ,-" I " I " ," ,," , ,- -- -- -- -- -- -- -- -- -- ................. --- --- The Monroe County Land Use Map is proposed to be N amended as indicated above and briefly described as: Chanae Part Gov. Lot 5. Sec. 21. Two. 0/ S.. Rae. 26 E.. Rockland Key. RE. # 00121980.00000oo. Aooroximate Mile Marker: 9.3:t from Industrial (I) to Urban ResKjential (UR) Date: Amendment #: 01-152 Sheet #: 554 EXHIBIT 1 MEMORANDUM TO: The Monroe County Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning RE: Toppino's Inc. Land Use District (Zoning) and Future Land Use Map (FLUM) Amendments DATE: August 20, 2001 (revised September 28, 2001) MEETING DATE: October 28,2001 EXISTING FUTURE LAND USE DESIGNATION: Industrial (I) REQUESTED FUTURE LAND USE DESIGNATION: Residential High (RR) EXISTING ZONING: Industrial (I) REQUESTED ZONING: Urban Residential (UR) PROPERTY OWNER: Toppino's, Inc. AGENT: Adele V. Stones, Stones & Cardenas PROPOSED USE OF THE PROPERTY: Affordable Housing Development PROPERTY INFORMATION Key: Mile Marker: Size: Rockland 9.5 288,742 square feet or 6.63 acres Location Detail & Brief Property Description: The property is located on East Rockland Key and is further described as a part of Govemment Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, Mile Marker 9.5. The real estate number is 00121980-000600. Page 1 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc Existing Use: The site proposed for rezoning is part of a larger industrial parcel that has continuously served a variety of heavy industrial uses. It abuts a quarry operation and is presently used as a site for heavy equipment storage, and the storage of road and electrical materials. It has also served as a solid waste transfer facility. Existing Habitat: The property is considered disturbed for environmental permitting purposes. The East Side of the property supports a row of mature Australian Pines. There are a few salt marsh species growing adjacent to the burrow pit, however, there are no hydric soils or hydric indicators present. Therefore, the property is not considered wetlands pursuant to Section 62-340.300(2), Florida Administrative Code (F AC). The majority of the property is barren dredge material. Land Use & Habitat on the 1985 Existing Conditions Aerials: The land use is vacant with a large burrow pit and the habitat is disturbed. ZONING AND LAND USE HISTORY Pre-1986 Zoning/Map Changes or Boundary Considerations Since 1986: Prior to 1986, the entire property was zoned General Use (GU). The GU/General Use District was established as an interim land classification pending action to rezone the property to a residential, business or industrial designation. The minimum required lot size was one (1) acre. Permitted uses included: 1) Single family dwellings with their customary accessory uses, 2) Agricultural uses, 3) Clubs, including country, golf, gun and fish clubs or similar enterprises and ranges, 4) Athletic fields and stadiums, 5) Power plants and substations, water pumping stations, television and radio transmission towers, 6) Fishing camps, 7) Churches [two (2) acres] and, 8) Horses: Horses may be kept only in a GU zone, on a minimum of one acre. Considerations During the 1986 and 2010 Comprehensive Planning Processes: The changes made to zoning during the 1986 Comprehensive Plan process were derived from information contained on the 1985 Existing Conditions Map. Planning Department records show no site specific considerations of this property during the 1986 planning process. During the 2010 Comprehensive Plan and future land use map process, the Board of County Commissioners directed the Planning Department to prepare future land use maps which were consistent with the existing land use designations or zoning maps. However, there is no indication of any site specific considerations of this property during the 2010 Comprehensive Plan process. Page 2 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report _doc ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.S-S11(d)(S)(b) and Chanter 163. Florida Statutes): Changed Projections: N/ A Changed Assumptions: During the background studies for the Monroe County Year 2010 Comprehensive Plan, it was estimated that only three (3) acres of five hundred twenty-seven (527) acres ofland zoned Industrial (I) was vacant. The property currently proposed for rezoning would have been considered developed as a rock and gravel operation. The industrial use of the area has changed since the adjacent pit is not being quarried. The high cost of housing in the Keys caused by the limited supply and huge demand has created a need for the development of affordable housing. Current housing stock or the limited private development is not meeting the housing needs of the large service industry population. Data Errors: N/ A New Issues: See Assumptions above Need for Additional Detail and Comprehensiveness: N/A Data Updates: N/A IMPACT & POLICY ANALYSIS: Comparison of Development Potential for the Current and Proposed Land Uses: 1) Current Land Development Regulations (LDRs) The current Future Land Use Map (FLUM) designation for the section of the subject property under consideration is Industrial (I). The Monroe County Year 2010 Comprehensive Plan, Policy Document, Policy 101.4.7 states that "the principal purpose of the Industrial land use category is to provide for the development of industrial, manufacturing, and warehouse and distribution centers. Other commercial, public, residential and commercial fishing-related uses are also permitted. To the north and west, the existing FLUM is Industrial (I). To the south lies the Key West Brewery property which is currently seeking to amend a split Industrial (I) and Mixed Use Commercial (MC) FLUM designation to Industrial (I). On the east is a small residential area with a Residential Medium (RM) classification. The existing zoning for the subject property under consideration is Industrial (I). Current permitted uses include restaurants, offices, manufacturing, commercial apartments, Page 3 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc commercial fishing, institutional, light industrial, public buildings, accessory uses and assorted wireless communications facilities. hnmediately adjacent to the proposed project area, the existing zoning is as follows: to the north and west is Industrial (I), to the east Improved Subdivision (IS). To the south is the Key West Brewery property, which is presently seeking to eliminate a split-zoning situation, Sub Urban Commercial (SC) and Industrial (n, by designating the entire parcel Industrial (n. As required, the existing land use (zoning) districts are currently consistent with the Future Land Use Map (FLUM). 2) Potential Land Uses With the Proposed Future Land Use Map (FLUM) and Zoning Map Amendments The proposed Future Land Use Map (FLUM) and Land Use District (Zoning) Map amendments from Industrial (n to Residential High (RR) and Urban Residential (UR) would change the use of the subject parcel to one generally residential in nature. Permitted uses would include detached residential dwellings, public buildings and uses, home occupations, accessory uses, vacation rental use and attached wireless communications facilities. Minor conditional uses would include attached residential dwelling units, institutional and institutional-residential uses and parks/community parks. Major conditional uses would include marinas, time share estates and stealth wireless communications facilities. This rezoning request is being made specifically to permit the increase of density to twenty- five (25) dwelling units per acre for affordable housing in the Urban Residential (DR) District. This request is consistent with and furthers Goal 601 of the Monroe County Year 2010 Comprehensive Plan which states" Monroe County shall adopt programs and policies to facilitate (development of) adequate and affordable housing. . .". Compatibility with Adjacent Land Uses and Effects on Community Character: The proposed amendments to the Future Land Use Map and the zoning map would have a substantial negative impact on adjacent land uses and community character. The subject parcel is currently undeveloped and almost totally surrounded by appropriately zoned industrial uses. The single exception is Rockland Village, a small community of approximately 59 single-family homes directly to the east of the site. The construction of high-density housing would overwhelm and directly impact this small residential neighborhood. The increase in the density at the site would be substantial. The small, single-family neighborhood (59 homes) is clearly an anomaly and is not representative the overall character of the community. This proposed zoning request is inconsistent with and does not further Goal 601 of the Monroe County Year 2010 Comprehensive Plan where the appropriateness of siting affordable housing is concerned. Policy 601.1.8 states that ".... Sites shall be assessed according to the following guidelines: .... 4) Proximity to employment and retail centers. Sites within five miles of employment and retail centers Page 4 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc shall be preferred". The nearest centers for employment and necessary daily convenience shopping for residents at this proposed site are almost twice the recommended limits. The existing community character can best be described as non-residential. There is no public transportation from the proposed site to employment or retail centers. Traffic would increase dramatically throughout the neighborhood and legitimate safety concerns will arise relative to entering and exiting the subject area via Calle Uno to and from U.S. 1. If the Industrial designation were to remain on this site, any permitted development would require a Class "D" Buffer between the newly permitted use and the small 59 home community of Rockland Village. This Buffer is significant in that it would provide an attractive 20 to 35 foot area of densely planted trees and shrubs. , The Land Development Regulations prohibit any map amendments that would negatively impact community character. The Monroe County Year 2010 Comprehensive Plan calls for the County to maintain community character and protect natural resources through a distribution of land uses consistent with the Future Land Use Map. The proposed change in designation would be inconsistent with the existing character of the area. Effects on Natural Resources: There should be no effect on natural resources. Effects on Public Facilities: Generally, the proposed amendment could affect the level of service of Monroe County's public facilities in several ways. Traffic: Eighty-five (85) two-bedroom units would significantly increase the amount of traffic in the immediate neighborhood and along U.S. 1 in both directions. A traffic study will be required prior to conditional use approval of the proposed development. The Monroe County traffic consultant, Mr. Raj Shanmugan of URS Corporation, was requested to undertake a preliminary evaluation of traffic impact relative to the proposed project. His report, dated April 11, 2001, is attached and specific pertinent information from that report is quoted. 1. Dailv Trip Generation & Impact.. . According to the ITE 6th Edition Land Use #230, the following formulas were applied to generate trips for the site: Weekday: Ln(T) = 0.850 Ln (X) + 2.564 = 567 trips/day Saturday: T = 3.615 (X) + 427.925 + 735 trips/day Sunday: T = 3.132 (X) + 357.258 = 623 trips/day Weighted Average = 599 trips/day Page 5 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc The proposed development is likely to generate trips that are attracted to local employment and business centers such as Key West, Marathon and Miami. Any trips to and from Marathon or Miami have to travel across Big Pine Key on U.S. 1, which has been found to have inadequate capacity. According to the Monroe County Year 2010 Comprehensive Plan, Policy 301.2.2, " Monroe County shall not permit new development that, in combination with all other developments, would significantly degrade the LOS to below accepted LOS standards". 2. Traffic Ooerations and Site Access P.M. Peak Hour of Adjacent Street Traffic: Ln(T) = 0.827 Ln (X) + 0.309 = 54 trips (67% in/33% out) The traffic consultant states, " Should the applicant proceed with the proposed amendment, the intersection of US 1 at Calle Uno must be demonstrated to operate adequately and safely." This demonstration of traffic adequacy is required before any Conditional Use or Site Plan proposal can be approved. The consultant further states, "It should be noted that the above mentioned intersection is located at the end of a merge lane. Vehicles along US 1 travel at high speeds near this intersection. In addition, the proximity of Rockland Channel Bridge complicates the operational and safety issue further, by introducing potential sight visibility constraints due to the bridge structure and the roadway geometry." "Access to the site currently exists via Calle Uno, which intersects with U.S. 1 approximately at MM 9.5. U.S. 1, in the vicinity of the Calle Uno intersection, reduces from a four lane divided highway to a two lane undivided roadway. This intersection is located at the end of a merge lane in the northbound direction. Vehicles along U.S. 1 travel at high speeds at this intersection." In conclusion, Mr. Shanmugan stated that" the intersection of U.S. 1 and Calle Uno must be demonstrated by the applicant to operate adequately and safely. Although there is no quantifying means to identify how many new trips it would take to make this an unsafe intersection, every new trip through this intersection increases the potential for a crash. Some traditional mitigating measures, such as lengthening the merge lane may not be feasible, even if they were permitted." The conditional use approval of this site may not be granted unless access and concurrency concerns can be adequately addressed. Solid Waste Facilities: County policy requires that sufficient capacity be available at a solid waste disposal site to accommodate all existing and approved development for a period of at least three years from the projected date of completion of the proposed development or use. According to the Public Facilities Report, Monroe County has capacity to meet the existing waste stream for the next fifteen (15) to sixteen (16) years. Page 6 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report _doc Potable Water Facilities: County regulations require that the county ensure that at the time a development permit is issued, adequate potable water facilities are available to support the development. The residential level of service standard, according to policy, is 66.50 gallons/capita/day. Therefore, the equivalent residential unit requirements would be at least 149.00 gallons per day (2.24 average persons per household x 66.50 gallons/capita/day). The Florida Keys Aqueduct Authority (FKAA) would determine if existing or projected capacities in the area would meet the long-range potable water needs of the proposed development. Stormwater: Sealed engineering drawings for stormwater management must be submitted and approved by the County Engineer should the proposed development proceed to the permitting stage. Wastewater: A new on-site wastewater treatment system must be constructed. Effects on Redevelopment and Infill Potential: Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically more suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The proposed land use change is in keeping with Goal 102 as the subject property is disturbed and scarified. FINDINGS OF FACT: 1) Section 9.5-511(d)(5) b. of the Monroe County Land Use Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2) This amendment, initiated by the applicant, is intended to amend the Future Land Use Map and the Land Use District Map from Industrial to land use districts that permit the construction of affordable housing. The applicant would utilize the provisions of Chapter 163.3187(1)(c) of the Florida Statutes to facilitate the rezoning process which states that, "any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to the statutory limits on the frequency of consideration of amendments to the local comprehensive plan". Furthermore, Chapter 163.3187 (1 )( c)( 1 )( e) states that, "the property subj ect to the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing meeting the criteria of Chapter 420.0004(3) of the Florida Statutes, and is located within an area of critical state concern designated by Chapter 380.05(1). Such amendment is not subject to the density limitations of sub-paragraph (t), and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located". Page 7 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc 3) There is a recognized need for affordable housing throughout Monroe County. This map amendment will provide a location for the construction of needed affordable housing in the lower Keys. 4) During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 5) Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 6) The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use district boundaries, categorizing the FLUM for the subject property Industrial (D. 7) The applicant has proposed construction of an eighty-five (85) unit affordable housing project. 8) The proposed map amendment seeks to change the existing Future Land Use Map designation from Industrial (I) to Residential High (RH) and the current zoning designation from Industrial (I) to Urban Residential (DR). 9) Section 9.5-511 prohibits any map amendments, which would negatively impact community character. 10) The subject property is bordered by the following zoning designations: Improved Subdivision (IS) to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the zoning designation of its property from Sub Urban Commercial (SC) to Industrial (I). 11) The subject property is bordered by the following Future Land Use Map (FLUM) designations: Residential Medium to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the FLUM designation of its property from Mixed Use/Commercial (MC) to Industrial). Section 9.5-204 of the Land Development Regulations states that the purpose of the Urban Residential (UR) zoning designation is to provide areas appropriate for high-density residential uses designed and intended for persons gainfully employed in the Florida Keys and to create areas to provide for vacation rental use of detached dwellings, duplexes and multi-family dwellings. This district should be established at or near employment centers. 12) Section 9.5-233 of the Land Development Regulations indicates that the Urban Residential (UR) zoning district permits detached residential dwelling units as of right and attached residential dwelling units with minor conditional use approval. 13) The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential (UR). Page 8 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc 14) Objective 101.11 states that Monroe County shall direct future growth towards established development areas served by existing public facilities. 15) The 2001 Public Facilities Assessment Report and the listed programs on stormwater and wastewater indicate that there are no significant concerns regarding impacts on public facilities. 16) Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 17) Concerns have been raised that the traffic from the proposed project would generate operational and safety concerns/problems on US #1. This issue will be further reviewed and may limit the proposed housing project during the development review process. 18) The proposed map amendment supports Goal 102 as the habitat for the subject property was found to be already disturbed and scarified. Therefore, no negative impacts on the natural resources ofthe subject property are anticipated. 19) The proposed amendment marginally supports Goal 102 since it changes the development potential of the subject property. The requested change would increase the density while decreasing the maximum intensity. 20) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNRJ that specifically prohibits any residential development. CONCLUSIONS: 1) The amendment does not meet the criteria outlined in Section 9.5-511(d)(4) b.ii. and iv. of the Monroe County Land Development Regulations and will negatively impact the character of immediate area. 2) The proposed land use change would negatively impact the community's character, which is not consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan. 3) The proposed plan supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan, and will have no any significant impact on the natural environment. Page 9 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc 4) In a report dated April 11, 2001, Mr. Raj Shanmugan, the Monroe County traffic consultant, noted operational and safety issues relative to the proposed project including speed and visibility concerns at the intersection of Calle Uno and US #1. Additionally, potential LOS problems were indicated. 5) The proposed plan generally supports Goal 601 of the Monroe County Year 2010 Comprehensive Plan in that it provides affordable housing to Monroe County. It does not follow the guidelines in Policy 601.1.8 that preferred sites should be within 5 miles of employment and retail centers. 6) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study, AICUZ, identifies the area proposed to be rezoned for residential uses as an area within the designation CNRJ that specifically prohibits any residential development. RECOMMENDATION: The staff of the Planning Department understands the need for affordable housing in Monroe County. However, Section 9.5-252 (h) Restrictions for military Airports specifically prohibits any residential development and therefore the proposed location is not appropriate. Additionally, the location is remote and ensures the fact that residents will require additional vehicles, make additional trips for work, shopping, childcare, and entertainment. The lack of public transportation, of play areas within safe walking distance for children, of nearby competitively priced retail shopping are all disincentives for housing at the proposed location. The negative impacts associated with their proximity to industrial uses are significant. The addition of eighty-five dwelling units will overwhelm the streets and open areas of the small adjacent 59-home community. The increase in traffic at the intersection of Calle Uno and the Overseas Highway will be dramatic and potentially not able to be resolved due to its location and geometry. Therefore, Based on the findings of fact and conclusions above, the Planning Department recommended DENIAL of the proposed Future Land Use Map (FLUM) amendment from Industrial (I) to Residential High (RH) and the proposed Land Use District (Zoning) Map amendment from Industrial (I) to Urban Residential (UR). The Planning Commission, while agreeing with some of the issues mentioned above, believed that the need for affordable housing far outweighed those concerns and therefore, based on the findings of fact and conclusions above, the Monroe County Planning Commission recommends APPROVAL of the proposed Future Land Use Map (FLUM) amendment from Industrial (I) to Residential High (RH) and the proposed Land Use District (Zoning) Map amendment from Industrial (I) to Urban Residential (UR). Page 10 of 10 W:\Planning\Working Folders\Gross-Fred\Toppino\Copy of Staff Report .doc