Item P3M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: P.3
Agenda Item Summary #2780
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A resolution by the Monroe County Board of County
Commissioners transmitting to the State Land Planning Agency an ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Future Land Use Map from
Residential High (RH) to Mixed Use /Commercial (MC), for property located at 5713 First Avenue,
South Stock Island, mile marker 5, legally described as Block 34, Lots 11, 12, 13, 14, and 15,
McDonald's Plat of Stock Island (Plat Book 1, Page 55), Stock Island, Monroe County, Florida,
having Real Estate #00124700.000000, as proposed by Standard Marine Supply Corp; providing for
inclusion in the Monroe County Comprehensive Plan.
ITEM BACKGROUND: The applicant, Standard Marine Supply Corp., owns a light industrial
building on the subject property currently occupied by an automotive parts and repair store. The
subject property currently has a Future Land Use Map (FLUM) designation of Residential High
(RH) and a Land Use District (LUD) designation of Urban Residential - Mobile Home (URM). The
current use, which has been on the site since at least the 1960s, is nonconforming to the provisions of
the current Comprehensive Plan. The applicant is requesting a change to the FLUM designation in
order to eliminate the nonconformity.
The proposed FLUM amendment implements Strategy 2.2 and Action Item 2.2.1 of the Stock
Island/Key Haven Livable CommuniKeys Plan, which call for the County to resolve land use issues
by identifying and changing the land use designation on parcels of land containing non - conforming
uses and rezone as appropriate.
The proposed FLUM amendment would result in a decrease in residential development potential of -
4.3 dwelling units, an increase in transient unit development potential of +3.6 rooms /spaces, and an
increase in nonresidential development potential of +12,500 square feet.
If the BOCC votes to transmit the proposed Comprehensive Plan FLUM amendment to the State, the
State Land Planning Agency will review the proposed amendment and issue an Objections,
Recommendations and Comments (ORC) Report, addressing any issues with internal consistency,
data and analysis, or consistency with the statutes or the Principles for Guiding Development. Upon
receipt of the ORC report, the BOCC will have 180 days to adopt the amendment, adopt the
amendment with changes or not adopt the amendment.
The applicant is also proposing a corresponding amendment to the Land Use District (Zoning) Map
for the subject property from URM to Mixed Use (MU). The zoning amendment will be brought
before the BOCC for a public hearing at a future meeting. The subject of this public hearing is
transmittal of the proposed FLUM amendment only to the State Land Planning Agency.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 4/12/17 (N6): BOCC continued the public hearing to the May 17, 2017 BOCC meeting in
Key West, FL.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Transmittal Reso- Standard Marine FLUM
Exhibit A to Resolution - Ordinance Standard Marine FLUM
Exhibit A to Ordinance Standard — Marine — FLUM
Staff Report - Standard Marine FLUM - BOCC Trans
Exhibit 1 - LOU 08.08.13
Exhibit 2 - Standard Marine FLUM 11 X 17
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
I to] XTI i X1III i"
Mayte Santamaria
Completed
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Assistant County Administrator Christine Hurley
03/22/2017 12:29 PM
Mayte Santamaria
Completed
Emily Schemper
Completed
Kathy Peters
Completed
Board of County Commissioners
Completed
03/20/2017 12:13 PM
03/20/2017 3:30 PM
03/20/2017 3:45 PM
03/17/2017 1:10 PM
03/17/2017 1:10 PM
Completed
03/26/2017 1:05 PM
03/27/2017 12:06 PM
03/27/2017 12:59 PM
04/12/2017 9:00 AM
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MONROE COUNTY, FLORIDA
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BOARD OF COUNTY COMMISSIONERS
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RESOLUTION NO. -2017
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♦ RESOLUTION BY THE MONROE COUNTY BOARD •
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COUNTY COMMISSIONERS TRANSMITTING • THE
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STATE LAND PLANNING AGENCY AN ORDINANCE BY
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THE MONROE COUNTY BOARD OF COUNTY
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COMMISSIONERS AMENDING THE MONROE COUNTY
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FUTURE LAND USE MAP FROM RESIDENTIAL HIGH (RH)
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TO MIXED USE/COMMERCIAL (MC), FOR PROPERTY
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LOCATED AT 5713 FIRST AVENUE, SOUTH STOCK
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ISLAND, MILE MARKER 5, LEGALLY DESCRIBED AS
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BLOCK 34, LOTS 11, 12, 13, 14, AND 15, MCDONALD'S
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PLAT OF STOCK ISLAND (PLAT BOOK 1, PAGE 55), STOCK
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ISLAND, MONROE COUNTY, FLORIDA, HAVING REAL
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ESTATE #00124700.000000, AS PROPOSED BY STANDARD
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MARINE SUPPLY CORP; PROVIDING FOR SEVERABILITY;
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PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
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PROVIDING FOR TRANSMITTAL TO THE STATE LAND
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PLANNING AGENCY AND THE SECRETARY OF STATE;
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PROVIDING FOR INCLUSION IN THE MONROE COUNTY
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COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
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FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE
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DATE.
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35 WHEREAS, the Monroe County Board of County Commissioners conducted a public
36 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
37 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
38 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
39 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
40 Year 2030 Comprehensive Plan Future Land Use Map as described above; and
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42 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
43 of County Commissioners support the requested Future Land Use Map amendment;
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45 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Resolution No. -2017 Page 1 of 2
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Section 1. The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for adoption of the proposed Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17 day of May, 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner Sylvia Murphy
Lei W L V I 10) k 1 1 I t to) W04*101 91 VNII I I
M- 1-
(SEAL)
Mayor George Neugent
Resolution No. - 2017
Page 2 of 2
Exhibit A to Reso No. -2017
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH
(RH) TO MIXED USE /COMMERCIAL (MC), FOR PROPERTY
LOCATED AT 5713 FIRST AVENUE, SOUTH STOCK ISLAND,
MILE MARKER 5, LEGALLY DESCRIBED AS BLOCK 34, LOTS
11, 12, 13, 14, AND 15, MCDONALD' S PLAT OF STOCK ISLAND
(PLAT BOOK 1, PAGE 55), STOCK ISLAND, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE #00124700.000000, AS
PROPOSED BY STANDARD MARINE SUPPLY CORP;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
MAP; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 11, 2016, Standard Marine Supply Corp submitted an
application requesting to amend the Future Land Use Map (FLUM) of the Monroe County Year
2030 Comprehensive Plan from Residential High (RH) to Mixed Use /Commercial (MC); and
WHEREAS, the subject property is located at 5713 First Avenue, South Stock Island,
Mile Marker 5, legally described as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of
Stock Island (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate
number 00124700.000000; and
WHEREAS, the subject property is currently developed with a lawfully established light
industrial use, including a 9,963 SF auto parts /repair building and associated outdoor storage;
and
WHEREAS, the current FLUM designation of RH does not allow light industrial uses
and therefore the existing use is considered nonconforming to the provisions of the current
Comprehensive Plan; and
Ord. No.- 2017
Page 1 of 4
Exhibit A to Reso No. -2017
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WHEREAS, Standard Marine Supply Corp is requesting a change to the FLUM
designation in order to eliminate the nonconformity for the existing light industrial use; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 13 day of December, 2016;
and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 25
day of January, 2017, for review and recommendation on the proposed Future Land Use Map
amendment; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
1. The proposed FLUM is not anticipated to adversely impact the community character
of the surrounding area; and
2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
adopted Level of Service; and
3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
4. The proposed amendment is consistent with the Stock Island/Key Haven Livable
CommuniKeys Plan; and
5. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statute; and
6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10 -17
recommending to the Monroe County Board of County Commissioners approval of the proposed
amendment; and
WHEREAS, at a regular meeting held on the 17 day of May, 2017, the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment, considered the staff report and provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for
public participation in the planning process; and
WHEREAS, at the May 17, 2017, public hearing, the BOCC adopted Resolution No.
- , transmitting the amendment to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and the County
received its Objections, Recommendations and Comments (ORC) report on ;
and
Ord. No.- 2017
Page 2 of 4
Exhibit A to Reso No. -2017
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WHEREAS, the ORC report
WHEREAS, in response to
and
WHEREAS, at a regularly scheduled meeting on the day of 1 , the
BOCC held a public hearing to consider adoption of the proposed FLUM amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is
amended as follows:
The property located at 5713 First Avenue, South Stock Island, legally described
as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of Stock Island (Plat
Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate
number 00124700.000000 is changed from Residential High (RH) to Mixed
Use /Commercial (MC) as shown on Exhibit A, attached hereto and incorporated
herein.
Section 2. Severability. 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
validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
secretary of the State of Florida but shall not become effective until a notice is issued by the
State Land Planning Agency or Administration Commission finding the amendment in
compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida
Statutes.
Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
Map.
and
the ORC report,
Ord. No.- 2017
Page 3 of 4
Exhibit A to Reso No. -2017
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 201
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M .
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Ord. No.- 2017
Page 4 of 4
Exhibit A to Ordinance# -2017
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of one parcel of land in Stock Island having Real Estate Number 00124700 - 000000
from Residential High (RH) to Mixed Use /Commercial (MC). N
A
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources
From: Emily Schemper, AICP, Comprehensive Planning Manager
Date: March 17, 2017
Subject: REQUEST BY STANDARD MARINE SUPPLY CORP TO AMEND THE FUTURE
LAND USE MAP (FLUM) OF THE MONROE COUNTY YEAR 2030
COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO MIXED
USE /COMMERCIAL (MC) FOR PROPERTY LOCATED AT 5713 FIRST AVENUE,
SOUTH STOCK ISLAND.
Meeting: April 12, 2017 - Continued to May 17, 2017 regular meeting
L REQUEST
On October 11, 2016, Standard Marine Supply Corp (Agent: Trepanier & Associates) submitted an
application requesting to amend the Future Land Use Map (FLUM) of the Monroe County Year
2030 Comprehensive Plan from Residential High (RH) to Mixed Use /Commercial (MC) for property
located at 5713 First Avenue, South Stock Island, having real estate number 00124700.000000.
File # 2016 -177 Page 1 of 11
Existing FLUM Designation
Proposed FLUM Designation
IL BACKGROUND INFORMATION
Site Information
Location: Stock Island,
Address: 5713 First Avenue
Legal Description: Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of Stock Island
(Plat Book 1, Page 55), Stock Island, Monroe County, Florida
Real Estate Number: 00124700.000000
Owner /Applicant: Standard Marine Supply Corp
Agent: Trepanier & Associates
Size of Site: 31,250 SF (0.72 acres)
Land Use District (Zoning): Urban Residential Mobile (URM)
FLUM Designation: Residential High (RH)
Tier Designation: Tier 3
Flood Zones: AE (EL 9)
Existing Use: Light Industrial (Car Quest Auto Parts)
Existing Vegetation/Habitat: Scarified
Community Character of Immediate Vicinity: Adjacent land has FLUM designations of RH
and MC. Adjacent uses include mobile home parks, retail, restaurant, and light industrial uses.
With the adoption of the Comprehensive Plan's FLUM in 1997, the subject parcel was given its
current FLUM designation of Residential High (RH).
The subject parcel has a current Land Use District (Zoning) designation of Urban Residential Mobile
(URM). The property was within a BU -2 (Medium Business) district prior to September 15, 1986
when it was re- designated as Urban Residential - Mobile Home (URM) (the final adoption of the
Zoning map was in 1992). In 1996, Ordinance 009 -1996 amended the zoning designation of
adjacent Lots 1 -10 and 16 -20 on the same block (Block 34) from URM to Urban Residential Mobile
Home — Limited (URM -L). The revised zoning map drawn based on Ordinance 009 -1996 erroneously
included Lots 11 -15 (the subject property) within the new URM -L boundary. There has been
confusion over whether the subject parcel currently has a zoning designation of URM or URM -L.
Based on the legal description provided within the text of Ordinance 009 -1996, Lots 11 -15 were
never officially changed from URM to URM -L, and therefore the subject property has a current
zoning designation of URM.
The subject property is currently developed with a light industrial use, including a 9,963 SF auto
parts /repair building and associated outdoor storage.
The applicant is also requesting a corresponding amendment to the Zoning designation for the
property from URM to Mixed Use (MU). The subject of this staff report is the proposed FLUM
amendment
Lawful Nonconformity
On June 18, 2012, the Planning & Environmental Resources Department issued a Letter of
Development Rights Determination (LDRD) (with an addendum issued on August 13, 2012), which
File # 2016 -177 Page 2 of 11
recognized the existing light industrial use as lawfully established and also determined that the
existing building consists of 9,963 square feet.
The existing light industrial use on the subject parcel is not an allowed use in the RH FLUM
category. Monroe County Comprehensive Plan (MCCP) Policy 101.5.4 states, "the principal purpose
of the Residential High (RH) future land use category is to provide for high- density single - family,
multi - family, and institutional residential development, including mobile homes and manufactured
housing, located near employment centers," and does not refer to light industrial or other
nonresidential uses. Further, per MCCP Policy 101.5.25, the maximum intensity for nonresidential
uses in the RH FLUM is zero (0).
The existing light industrial use is therefore not consistent with the RH FLUM category, as it does
not conform to its purpose or density and intensity standards. As such, it is considered a
nonconforming use to the provisions of the Comprehensive Plan, and as it was lawfully established,
the light industrial use may continue to exist per the nonconformity policies provided under
Objective 101.8.
The applicant is requesting to amend the FLUM designation from RH to MC in order to eliminate
the nonconformity. The proposed FLUM amendment, together with the associated proposed LUD
amendment from URM to MU, will eliminate the nonconformity of the use.
The current Planning & Environmental Resources Department's fee schedule (adopted August 17,
2016 by Resolution #152 -2016) includes a special provision for properties with certain
nonconforming uses. The BOCC first adopted this provision as an amendment to the fee schedule on
April 18, 2012 by Resolution #127 -2012. This resolution amended the Planning & Environmental
Resources Department's fee schedule to waive application fees for property owners applying for a
LUD map and /or FLUM amendment that eliminates a lawfully established nonconforming use
created with the final adoption of the LUD map and /or FLUM, and which does not create an adverse
effect on the community. To be exempt from the FLUM amendment application fee, the property
owner must provide satisfactory evidence that the existing use on the site also existed lawfully in
1997 and was deemed nonconforming by final adoption of the FLUM.
On August 8, 2013, Monroe County Planning staff issued a Letter of Understanding (LOU)
concerning the property (File #2013 -080; Exhibit 1). As detailed in the LOU, staff has found that
there is satisfactory evidence that the existing light industrial use on the site was lawfully
established, and also existed lawfully in 1992 and was deemed nonconforming by final adoption of
the LUD map; and the use existed lawfully on the site in 1997 and was deemed nonconforming by
final adoption of the FLUM.
In the LOU, staff also determined that, if the applicant requests a FLUM and /or LUD designation
that permits the existing light industrial use, the request would qualify for the fee exemption to the
FLUM and /or LUD Amendment. The applicant's request to change the FLUM designation of the
property to MC would permit the existing light industrial use, and the applicant's request to change
the Zoning designation to MU would permit the existing light industrial use; therefore, the requests
qualify for the fee exemption.
File # 2016 -177 Page 3 of 11
Livable CommuniKeys Plan
Comprehensive Plan Policy 101.19.1 states, "Monroe County shall develop, maintain, and update
periodically, as appropriate, with public input, the Livable CommuniKeys Community Master
Plans." These "CommuniKeys Plans" implement a vision that was developed by the local
community.
In 2007, the BOCC adopted Policy 101.19.2(5) which incorporated the Stock Island/Key Haven
Livable CommuniKeys Plan into the Monroe County Comprehensive Plan. Strategy 2.2 of the plan
states, "Review and evaluate the land use designation of lawfully established non - conforming land
uses and structures within the planning area to determine appropriate Land Use District
designation." Action Item 2.2.1 of the plan states, "Promote community character, establish
conformance and resolve land use issues by identifying and changing the land use designation on
parcels of land containing non - conforming uses and rezone as appropriate."
The proposed FLUM amendment and associated Zoning amendment implement this Strategy and
Action Item of the Stock Island/Key Haven Livable CommuniKeys Plan by resolving an existing
lawfully established land use nonconformity within the planning area.
Prior County Review
On December 13, 2016, at a regularly scheduled meeting, the Monroe County Development Review
Committee considered the proposed amendment and provided for public comment.
On January 25, 2017, at a regularly scheduled meeting, the Monroe County Planning Commission
held a public hearing for review and recommendation on the proposed Future Land Use Map
amendment and recommended approval to the BOCC (Resolution P10 -17).
III. AMENDMENT REVIEW
Maximum Allocated Density and Intensity by Future Land Use Map Designation
The table below provides an approximation of the development potential for residential, transient
and commercial development. Section 130- 156(b) of the Land Development Code states: "The
density and intensity provisions set out in this section are intended to be applied cumulatively so that
no development shall exceed the total density limits of this article. For example, if a development
includes both residential and commercial development, the total gross amount of development shall
not exceed the cumulated permitted intensity of the parcel proposed for development."
Existing FLUM
Type
Adopted Standards
Development
Potential
Residential
1 du /platted lot
5.0 du
Residential High (RH)
Allocated Density
(URM /URM -L zoning)
Transient
10 rooms /spaces
7.2 rooms /spaces
0.72 acres
(31,250 sf)
Allocated Density /Acre
/acre
Nonresidential
0 FAR
0 sf
5 platted lots
Maximum Intensity
File # 2016 -177 Page 4 of 11
Proposed FLUM
Type
Adopted Standards
Development
Potential
Residential
1 du /acre
0.7 du
Mixed Use /Commercial (MC)
Allocated Density /Acre
(MU zoning)
Transient
15 rooms /spaces
10.8 rooms /spaces
0.72 acres
Allocated Density /Acre
/acre
(31,250 sf)
Nonresidential
0.40 FAR
12 500 sf
Maximum Intensity
(MU zoning)
Residential: -4.3 du
Net Change in Development
Transient: +3.6 rooms /spaces
Potential Based on FLUM
Nonresidential: +12,500 sf
As shown in the table above, the proposed FLUM amendment would result in a decrease of 4.3
dwelling units in residential development potential, an increase in transient residential development
potential of 3.6 rooms /spaces, and an increase in nonresidential development potential of 12,500 sf.
Monroe County currently does not award ROGO allocations for the development of NEW transient
residential units (e.g., hotel & motel rooms), pursuant to MCCP Policy 101.2.6. For the development
of transient units in unincorporated Monroe County, existing transient units must be transferred from
the same ROGO subarea to a parcel designated as Tier III.
Compliance with Comprehensive Plan Policy 101.4.20
Pursuant to Policy 101.4.20 (discouragement policy) of the Comprehensive Plan, private
applications which propose increases in residential allocated density must comply with the
mitigation requirements of the policy. Based on the above analysis of net change in development
potential, the proposed FLUM amendment would decrease the residential allocated density of the
site, and therefore is not subject to the mitigation requirements of Policy 101.4.20.
Compatibil
0 Species
File # 2016 -177 Page 5 of 11
a. Existing Vegetation/Habitat: Scarified
b. Existing Tier Designation: Tier 3
c. Endangered Species Habitat: zero species focus areas or buffers
d. Existing Use: Light Industrial /auto repair
e. Community Character of Immediate Vicinity: Adjacent uses include mobile home parks,
commercial retail, restaurant, and light industrial uses.
The proposed change in FLUM designation is consistent with the historical use of the subject
property (light industrial) as well as the character of surrounding commercial, light industrial, and
high density residential uses.
Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Traffic Circulation (Comprehensive Plan Policy 301.1.1)
The subject property is located on Stock Island with nearest access to US1 via 2nd Street at
approximate mile marker 5. The 2015 US 1 Arterial Travel Time and Delay Study for Monroe
County indicates levels of serve (LOS) of "B" for Segment 1 (Stock Island, mm 4.0 -5.0), with 1,986
reserve trips. U.S 1 is required to maintain a LOS of "C" in order to support development.
The proposed FLUM amendment would result in a decrease in permanent residential development
potential, an increase in transient residential development potential of 3.6 rooms /spaces and an
increase in nonresidential development potential of 12,500 sf At the time of any development
approval on the site, traffic concurrency will be reviewed and must maintain a LOS of "C" on
Segment 1 of US 1. Therefore, the proposed FLUM amendment is not anticipated to adversely
impact the Traffic Circulation LOS.
Potable Water (Comprehensive Plan Policy 701.1.1)
FKAA's Water Treatment Facility in Florida City has a maximum water treatment design capacity
of 29.8 million gallons per day (MGD). This consists of 23.8 MGD from the Biscayne Aquifer
through the primary conventional water treatment process and 6 MGD from the brackish Floridan
Aquifer through the secondary Reverse Osmosis (RO) treatment plant. There are also two saltwater
Reserve Osmosis (RO) plants, located on Stock Island and Marathon, which are able to produce
potable water under emergency conditions. The RO desalination plants have design capacities of 2.0
and 1.0 MGD of water, respectively. The 2015 projection for annual average daily demand is 17.76
MGD which is well below FKAA's Water Use Permit amount of 23.98 MGD.
Per Policy 701.1.1, the adopted LOS for potable water in Monroe County is 100 gal /capita /day. The
proposed FLUM amendment would result in a decrease in residential development potential, and
therefore is not anticipated to adversely impact the Potable Water LOS.
Solid Waste (Comprehensive Plan Policy 801.1.1)
Monroe County has a contract with Waste Management through September 30, 2024. The contract
authorizes the use of in -state facilities; thereby, providing the County with approximately eight years
of guaranteed capacity for the haul out and disposal of 95,000 tons /year of solid waste not including
yard waste.
File # 2016 -177 Page 6 of 11
The proposed FLUM amendment would result in a decrease in residential development potential,
and therefore no additional solid waste demand. Solid waste for nonresidential development is
handled by private contract. Therefore, the proposed FLUM amendment is not anticipated to
adversely impact the Solid Waste LOS.
Sanitary Sewer Comprehensive Plan Policy 901.1.1
The property is connected to the Key West Resort Utilities sewer system. The proposed FLUM
amendment would result in a decrease in residential development potential, and is not anticipated to
adversely impact the Sanitary Sewer LOS.
A. The proposed amendment is consistent with the following Goals, Objectives and Policies of
the Monroe County Year 2010 Comprehensive Plan. Specifically, it furthers:
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Objective 101.1
Monroe County shall ensure that all development and redevelopment taking place within its
boundaries does not result in a reduction of the level -of- service requirements established and
adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive plan
amendments include an analysis of the availability of facilities and services or demonstrate that the
adopted levels of service can be reasonably met.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.6
The principal purpose of the Mixed Use /Commercial (MC) future land use category is to provide for
the establishment of mixed use commercial land use (zoning) districts where various types of
commercial retail and office may be permitted at intensities which are consistent with the
community character and the natural environment. Employee housing and commercial apartments
are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and
conserve areas of mixed uses, which may include maritime industry, light industrial uses,
commercial fishing, transient and permanent residential, institutional, public, and commercial retail
uses.
This future land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and nonresidential uses may
be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
File # 2016 -177 Page 7 of 11
The County shall continue to take a proactive role in encouraging the preservation and enhancement
of community character and recreational and commercial working waterfronts.
Objective 101.8
Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the land development regulations, zoning districts, Future Land Use
categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
important part of the community character and the County desires to maintain such character and
protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
GOAL 102
Monroe County shall direct future growth to lands which are most suitable for development and
shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach
berm and tropical hardwood hammock).
Stock Island/Key Haven Livable CommuniKeys Master Plan
Strategy 2.2
Review and evaluate the land use designation of lawfully established non - conforming land uses and
structures within the planning area to determine appropriate Land Use District designation.
Action Item 2.2.1
Promote community character, establish conformance and resolve land use issues by identifying and
changing the land use designation on parcels of land containing non - conforming uses and rezone as
appropriate.
B. The proposed amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
the principles for guiding development and any amendments to the principles, the principles shall be
construed as a whole and no specific provision shall be construed or applied in isolation from the
other provisions.
(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical
state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
beaches, wildlife, and their habitat.
(d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound
economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
File # 2016 -177 Page 8 of 11
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
environment, and ensuring that development is compatible with the unique historic character
of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co -op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida
Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of
a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes (F.S.).
Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
enhance present advantages; encourage the most appropriate use of land, water, and resources,
consistent with the public interest; overcome present handicaps; and deal effectively with future
problems that may result from the use and development of land within their jurisdictions. Through
the process of comprehensive planning, it is intended that units of local government can preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
File # 2016 -177 Page 9 of 11
efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
and other requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions
163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal
status set out in this act and that no public or private development shall be permitted except in
conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
conformity with this act.
163.3177(l), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, and
strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
development of the area that reflects community commitments to implement the plan and its
elements. These principles and strategies shall guide future decisions in a consistent manner and
shall contain programs and activities to ensure comprehensive plans are implemented. The sections
of the comprehensive plan containing the principles and strategies, generally provided as goals,
objectives, and policies, shall describe how the local government's programs, activities, and land
development regulations will be initiated, modified, or continued to implement the comprehensive
plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
regulations in the comprehensive plan but rather to require identification of those programs,
activities, and land development regulations that will be part of the strategy for implementing the
comprehensive plan and the principles that describe how the programs, activities, and land
development regulations will be carried out. The plan shall establish meaningful and predictable
standards for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon surveys,
studies, and data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent
with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen and
diversify the community's economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following
analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character
of the undeveloped land, soils, topography, natural resources, and historic resources on site.
File # 2016 -177 Page 10 of 11
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
section.
V. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. If the amendment is transmitted to State
Land Planning Agency, they review the proposal and issue an Objections, Recommendations and
Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt the
amendments, adopt the amendments with changes or not adopt the amendment.
VI. STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment to the Future Land Use Map of the Monroe
County Year 2030 Comprehensive Plan from Residential High (RH) to Mixed Use /Commercial
(MC), as described in this staff report and attached as Exhibit 2, for property located at 5713 First
Avenue, South Stock Island, having real estate number 00124700.000000.
VII. EXHIBITS
1. LOU dated August 8, 2013.
2. Proposed FLUM Map Amendment.
File # 2016 -177 Page 11 of 11
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County of Monroe
Growth Manaaement Divisiov
PDartment
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
BINS 1 I loll I
Danny L. Kolhage, Dist. 1
David Rice, Dist, 4
Sylvia 1. Murphy, Dist. 5
August 8, 2013
Trepanier & Associates, Inc.
Attn: Owen Trepanier
PO Box 2155
Key West, FL 33045
SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE 'STANDARD
MARINE SUPPLY CORP" PROPERTY, LOCATED AT 5713 FIRST
AVENUE, STOCK ISLAND, HAVING REAL ESTATE NUMBER
00124700.000000
Materials presented for review included:
(a) Pre-Application Conference Request Fonn;
(b) Monroe County Property Record Card; and
(c) Monroe County Land Use District Map and Future Land Use Map.
5713 1 o Avenue, Stock Island, Letter of Understanding (File 42013 -080) Page I of 6
Status of Existing Nonconforming Use:
The subject property currently has a LUD designation of Urban Residential Mobile Home
Limited (URM -L) and a FLUM designation of Residential High (RH). It had a BU -2 district
(Medium Business) designation prior to 1986 when it was re- designated as URM (and later
modified to URM -L).
Regarding the development and use of the existing building on the property, the Planning &
Environmental Resources Department issued a letter of development rights determination on
June 18, 2012 (with an addendum issued on August 13, 2012). As stated in the June 18, 2012
letter, Staff previously determined that the existing building consists of 9,963 square feet. The
oldest part of the building was built in 1958 prior to county building permit requirements, with
additions permitted in 1960 (Building Permit #1145) and 1984 (Building Permits #A -11338 and
#A- 12319). All building permits on file for improvements to the building and site since 1960
indicate that the building has been continuously utilized for light industrial use. In addition,
aerial photography supports the continuous existence of outdoor storage adjacent to the building.
5713 1" Avenue, Stock Island, Letter of Understanding (File #2013 -080) Page 2 of 6
Subject Property with Land Use Districts Overlaid (Aerial dated 2012)
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Pursuant to MCC §102-55, all known, lawful nonconforming uses may be registered with the
Planning & Environmental Resources Department. Once discovered and determined to be
lawful, the planning director, or his or her designee, shall add recognized lawful nonconforming
uses to an official registry.
IIIN !I ENRON 1111 1 ;11111 � 11111111gill 1
Based on a review of documentation concerning such businesses, the business as described in the
letter of understanding application and at the pre-application conference is a light industrial use.
It thereby may utilize the subject property under its current URM-L LUD and RH FLUM
designations.
In general, lawful nonconforming uses may continue so long as the nonconformity is not
expanded. Normal maintenance and repair to permit continuation of nonconforming uses
registered in accordance with MCC § 102-5 5 may be performed.
The floor area within the existing building may be used in its entirety for the light industrial use,
which includes storage, and administrative activities associated with the light industrial use. In
addition, limited outdoor storage may exist. Outdoor storage a) may not be located in a required
setback (per MCC §130-186), b) may not include any items that would result in significant
5713 I' Avenue, Stock Island, Letter of Understanding (File #2013-080) Page
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impacts on adjacent uses in terms of noise, hazards and odors (per MCC § 10 1 -1, heavy industrial
use), and may not exceed 9,963 square feet in area (per MCC § 10 1 - 1, heavy industrial use).
Note: This decision is by the Planning & Environmental Resources Department and pertains to
use under the CP and MCC only. The Applicant is advised
o : with the Office of the Fire
Marshal and Building Department to determine the applicability of regulations, and possible
restrictions, outside of the CP and MCC that pertain to the proposed items to be stored as part of
the business, such as the chlorine.
Ili I I I I i III I I I I I I IN I I 11111 gill 1 1111
The Board of County Commissioners passed and adopted a Planning & Environmental
Resources Department's fee schedule (currently Resolution #183-2013). Of relevance to the
subject property and the development thereon, the fee schedule currently includes the following
provision:
5713 1" Avenue, Stock Island, Letter of Understanding (File #2013-080) Page 4 of 6
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For your information, the following FLU M categories and underlying LUD categories would
permit light industrial use:
Mixed Use / Commercial Fishing (MCF) FLU M:
o Commercial Fishing Area (CFA) LUD: MCC §130-77(c)(9) [provided that light
industrial uses are intended to serve the needs of the commercial fishing industry]
5713 1' Avenue, Stock Island, Letter of Understanding (File #2013-080) Page 5 of 6
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E3
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Highway, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
Sincerely yours,
Townsley chw , Senior Director of Planning & Environmental Resources
CC: Joseph Haberman, Planning & Development Review Manager
Mayte Santamatia, Assistant Director of Planning & Envirom Resources
Michael Roberts, Senior Administrator of Environmental Resources
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