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Item Q04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2013 Division: Growth Management Bulk Item: Yes No X Staff Contact Person: Christine Hurley, 289-2517 AGENDA ITEM WORDING: A public hearing to adopt an ordinance by the Monroe County Board of County Commissioners amending the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Residential Medium (RM) to Mixed Use/Commercial (MC) for property located at 10498 Overseas Highway, Mile Marker 104, Key Largo, Lots 1-5, Block 4, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate numbers 00511220-000000, 00511220-000100, and 00511220-000101 (Legislative Proceeding). ITEM BACKGOUND: The applicant presently owns a pet boarding and grooming business in an existing 960 square foot building located at 10498 Overseas Highway. The subject property currently has a Future Land Use Map (FLUM) designation of RM and a Land Use District designation of Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow a commercial retail use and the use is considered nonconforming to the provisions of the code and the comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing commercial use from RM to MC. The proposed FLUM amendment, together with the associated LUD amendment(IS to MU)will eliminate the nonconformity of the use. On July 2, 2013, the Florida Department of Economic Opportunity (DEO) issued its Objections, Recommendations, and Comments (ORC) report. The ORC report stated that"the amendment is inconsistent with Policy 101.4.20 of the Monroe County Comprehensive Plan which states,in part"In order to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the reduction of overall county density and intensity." In response to the ORC Report, the County coordinated with DEO to clarify that the amendment application was submitted to Monroe County on July 3, 2012. Policy 101.4.20 was adopted by the BOCC on September 21, 2012 (Ordinance 028-2012) and found in compliance by DEO on November 20, 2012. Policy 101.4.20 states it applies only to applications received after the effective date of the ordinance; therefore the discouragement policy does not apply to this amendment. After discussions with DEO, an email was received on July 10, 2013 which stated that if, in the adoption phase, data is included that indicates the application was received prior to the adoption of Policy 101.4.20,then DEO will not render a non-compliance finding. PREVIOUS RELEVANT COMMISSION ACTION: Monroe County Resolution No. 127-2012, approved on April 18, 2012,allows an applicant to apply for a LUD and/or FLUM designations that would eliminate the nonconforming use created with the adoption of the existing designations and not create an adverse effect on the community,provided the existing use existed lawfully in 1992 and 1997. On September 21, 2012, the BOCC adopted Ordinance 028-2012 amending the Comprehensive Plan to include Policy 101.4.20 discouraging private applications for FLUM changes which increase allowable density/intensity. On April 18, 2013, the BOCC approved Resolution No.132-2013 to transmit this proposed FLUM amendment to the State Land Planning Agency. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# 1 „ 3 r 4 5 6 7 ORDINANCE - 2013 8 9 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF 13 THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM 14 RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) 15 FOR PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, MILE 16 MARKER 104,KEY LARGO, LOTS 1-5,BLOCK 4, REVISED AMENDED 17 PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF 18 MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 19 00511220-000000, 00511220-000100, AND 00511220-000101; PROVIDING 20 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 21 INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL 22 TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE 23 FILING WITH THE SECRETARY OF STATE AND FOR AN 24 EFFECTIVE DATE. 25 26 27 WHEREAS, an application was filed by John C. and Wendy A. Moore on July 3, 2012, to 28 amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed 29 Use/Commercial (MC) for property legally described as Lots 1-5, Block 4, Revised Amended Plat 30 of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate 31 numbers 00511220-000000, 00511220-000100, and 00511220-000101; and 32 33 WHEREAS, the Monroe County Development Review Committee considered the proposed 34 amendment at a regularly scheduled meeting held on the 30''day of October, 2012; and 35 36 WHEREAS, at a regularly scheduled meeting held on the 28t' day of November, 2012, the 37 Monroe County Planning Commission held a public hearing for the purpose of considering the 38 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to 39 the Monroe County Year 2010 Comprehensive Plan; and 40 41 WHEREAS,the Monroe County Planning Commission made the following findings: 42 43 1. The proposed FLUM is not anticipated to adversely impact the community character of the 44 surrounding area; 45 46 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan 47 adopted Level of Service (LOS); 48 49 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the 50 Monroe County Year 2010 Comprehensive Plan; 51 52 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan; 53 54 5. The amendment is consistent with the Principles for Guiding Development for the Florida 55 Keys Area, Section 380.0552(7), Florida Statute (F.S.); and 56 57 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.). 58 59 WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe County 60 Board of County Commissioners held a public hearing and approved Resolution No. 132-2013 to 61 transmit the proposed amendment to the State Land Planning Agency; and 62 63 WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land Use 64 Map was reviewed by the State Land Planning Agency which issued an Objections, 65 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that"the 66 amendment is inconsistent with Policy 101.4.20 of the Monroe County Comprehensive Plan which 67 states, in part "In order to implement the Florida Keys Carrying Capacity Study, Monroe County 68 shall promote the reduction of overall county density and intensity."; and 69 70 WHEREAS, this amendment application was submitted to Monroe County on July 3, 2012. 71 Policy 101.4.20 was adopted by the BOCC on September 21, 2012 (Ordinance 028-2012) and found 72 in compliance by DEO on November 20, 2012 (the effective date of the amendment, therefore the 73 discouragement policy does not apply to this amendment; and 74 75 WHEREAS, the State Land Planning Agency stated that if, in the adoption phase, data is 76 included that indicates the application was received prior to the adoption of Policy 101.4.20, then 77 FDEO will not render a non-compliance finding. 78 79 WHEREAS, the County has provided the data with the staff report that indicates the 80 application was received prior to the effective date of Policy 101.4.20. 81 82 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 83 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 84 85 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is 86 amended as follows: 87 88 The property legally described as Lots 1-5, Block 4, Revised Amended Plat of 89 Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, 90 having real estate numbers 00511220-000000, 00511220-000100, and 2 91 00511220-000101 is changed from Residential Medium (RM) to Mixed 92 Use/Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated 93 herein. 94 95 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 96 provision of this ordinance is held invalid, the remainder of this ordinance shall 97 not be affected by such validity. 98 99 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 100 conflict with this ordinance are hereby repealed to the extent of said conflict. 101 102 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to 103 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 104 Statutes. 105 106 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 107 Secretary of the State of Florida but shall not become effective until a notice is 108 issued by the State Land Planning Agency or Administration Commission 109 finding the amendment in compliance with Chapter 163 and challenge periods 110 have expired. 111 112 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 113 at a regular meeting held on the 17th day of September, 2013. 114 115 Mayor George Neugent 116 Mayor Pro Tem Heather Carruthers 117 Commissioner David Rice 118 Commissioner Sylvia Murphy 119 Commissioner Danny Kolhage 120 121 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 122 BY 123 Mayor George Neugent 124 125 (SEAL) �M �PRO E j�qs h7'CC3F'�NF 126 ATTEST: Amy Heavilin, Clerk � �4,y7'0 f date:,,,,., . . a. 127 128 Deputy Clerk 129 130 3 Exhibit 1 to Ordinance# -2013 TARPON AVE RM -to MC MARLIN AVE - 00511220-000100 _T0511 220-000000. 00511220-00010 DOLPHIN RD C.7 0 POMPANO DI;oMPANO DR The Monroe County Future Land Use Map is amended as indicated above. N Future Land Use Map Amendment of three parcels from Residential Medium (RM)to MixedUse/Commercial (MC): RE Numbers: 00511220-000000, 00511220-000100, and 00511220-000101 2 a11 'lllll 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 We strive to be caring,professional and fair 8 9 To: Monroe County Board of County Commissioners 10 11 Through: Christine Hurley, Director, Growth Management Division 12 Maytd Santamaria, Assistant Director, Planning and Environmental Resources 13 14 From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager 15 16 Date: August 26, 2013 17 18 Subject: REQUEST BY JOHN C. AND WENDY A. MOORE TO AMEND THE 19 FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 20 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO 21 MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 10498 22 OVERSEAS HIGHWAY, MILE MARKER 104, KEY LARGO 23 24 Meeting: September 17, 2013 25 26 I. REQUEST 27 28 On July 3,2012,John C. and Wendy A. Moore submitted an application requesting to amend the Future Land 29 Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential Medium(RM)to 30 Mixed Use/Commercial(MC)for property located at 10498 Overseas Highway,Key Largo, having real estate 31 numbers 00511220-000000, 00511220-000100, and 00511220-000101. 32 ' 1 �� I V imulii III t ir. rir,u/k 33 r File #2012-097 Page I of 13 34 II. BACKGROUND INFORMATION 35 36 The subject property was within the BU-2 district (Medium Business) prior to 1986 when the 37 property was re-designated IS (Improved Subdivision). After 1986, all subsequent permits indicate 38 that the existing building was being utilized for commercial retail use. 39 40 The applicant presently owns a pet boarding and grooming business in an existing 960 square foot 41 building located at 10498 Overseas Highway. The subject property currently has a Future Land Use 42 Map (FLUM) designation of Residential Medium (RM) and a Land Use District designation of 43 Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow a 44 commercial retail use and the use is considered nonconforming to the provisions of the code and the 45 comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing 46 commercial use from Residential Medium (RM) to Mixed Use Commercial (MC). The proposed 47 FLUM amendment, together with the associated LUD amendment (IS to MU) will eliminate the 48 nonconformity to the use. 49 50 Monroe County Resolution No. 127-2012, approved on April 18, 2012, allows an applicant to apply 51 for a LUD and/or FLUM designations that would eliminate the nonconforming use created with the 52 adoption of the existing designations and not create an adverse effect on the community. The 53 property owner must provide satisfactory evidence that the existing use on the site also existed 54 lawfully in 1992 and was deemed nonconforming by final adoption of the LUD map and/or the 55 existing use on the site existing lawfully in 1997 and was deemed nonconforming by final adoption 56 of the FLUM to be exempt from the FLUM amendment application fee. 57 58 On June 4, 2012, Monroe County Planning staff prepared an addendum to a Letter of Understanding, 59 issued on June 27, 2003, which determined that the existing use existed lawfully in 1992 and was 60 deemed nonconforming by the final adoption of the LUD map. Staff has also determined that the 61 existing use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the 62 FLUM. Staff concluded that he proposed FLUM category of MC and proposed LUD designations of 63 MU or SC would eliminate the nonconformity of use. 64 65 Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of Community 66 Master Plans. These "CommuniKeys Plans" implement a vision that was developed by the local 67 community. In 2006, the Monroe County Board of County Commissioners adopted Policy 68 101.20.2(5) which incorporated the Key Largo Livable CommuniKeys Plan into the Monroe County 69 2010 Comprehensive Plan. Action Item 1.3.2 states: Revise the FLUM and Land Use District Maps 70 to resolve non-conformities in the planning area where appropriate. The proposed FLUM and 71 associated LUP amendment implements this Action Item of the adopted Key Largo CommuniKeys 72 Plan. 73 74 On October 30, 2012, the Monroe County Development Review Committee considered the proposed 75 amendment at a regularly scheduled meeting. 76 77 On November 28, 2012, the Monroe County Planning Commission voted 5-0 to recommend approval 78 of the proposed amendment to the Board of County Commissioners. 79 80 File #2012-097 Page 2 of 13 81 On April 18, 2013, the Monroe County Board of County Commissioners approved Resolution 82 No.132-2013 to transmit the proposed FLUM amendment to the State Land Planning Agency. 83 84 ORC Report and Response 85 86 On July 2, 2013, the Florida Department of Economic Opportunity submitted its Objections, 87 Recommendations, and Comments (ORC) report. The ORC report stated that "the amendment is 88 inconsistent with Policy 101.4.20 of the Monroe County comprehensive Plan which states, in part "In 89 order to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the 90 reduction of overall county density and intensity." 91 92 In response to the ORC Report, the County coordinated with DEO to clarify that the amendment 93 application was submitted to Monroe County on July 3, 2012. Policy 101.4.20 was adopted by the 94 BOCC on September 21, 2012 (Ordinance 028-2012) and found in compliance by DEO on November 95 20, 2012. Policy 101.4.20 states it applies only to applications received after the effective date of the 96 ordinance; therefore the discouragement policy does not apply to this amendment. After discussions 97 with DEO, an email was received on July 10, 2013 which stated that if, in the adoption phase, data is 98 included that indicates the application was received prior to the adoption of Policy 101.4.20,then DEO 99 will not render a non-compliance finding. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 File #2012-097 Page 3 of 13 129 IV. AMENDMENT REVIEW 130 131 DENSITY AND INTENSITY ANALYSIS (COMPREHENSIVE PLAN POLICY 101.4.21) 132 Existing FLUM Type Adopted Standards Development potential based upon density Residential 1 du/lot 5 units Allocated Density/Acre RM Residential N/A N/A FLUM Max Net/Buildable Acre Transient 0 rooms/spaces 0 rooms/spaces o� tal site: 0.34 aches Allocated Density/Acre 0.27 net access 5 lots Transient N/A N/A Max Net/Buildable Acre Nonresidential 0 FAR 0 sf Maximum Intensity Proposed FL Type Adopted Standards Development potential based upon density Residential 1-6 du/ac 2 units Allocated Density/Acre Mixed Use/ Residential Commercial Max Net/Buildable Acre 2-18 du/ac 0-4 units FLUM Transient Allocated Density/Acre 5-15 rooms/spaces 1-5 rooms/spaces 0°ct0��07 �104 10-25 rooms/spaces 4 acres Transient 2-6 0 kitsc es Max Net/Buildable Acre paces room/spaces Non Residential 0.10-0.45 FAR 1,484—6,678 sf Maximum Intensity 133 134 Net Change: Residential (Allocated): -3 units 135 Residential (Max Net): +4 units 136 Transient(Allocated): +5 rooms/spaces* 137 Transient(Max Net): +6 rooms/spaces* 138 Non Residential: +6,678 square feet 139 140 141 The above table provides an approximation of the development potential for residential,transient 142 and commercial development. Section 130-156 of the Land Development Code states: "The 143 density and intensity provisions set out in this section are intended to be applied cumulatively so 144 that no development shall exceed the total density limits of this article. For example, if a 145 development includes both residential and commercial development, the total gross amount of File #2012-097 Page 4 of 13 146 development shall not exceed the cumulated permitted intensity of the parcel proposed for 147 development." 148 149 There are no existing residential uses within the subject property. Any new residential use must 150 compete in the Rate of Growth Ordinance (ROGO) permit process. An existing affordable 151 residential use may also be transferred to the subject property from a sender site that is located 152 within the Upper Keys subarea. 153 154 *Monroe County does not award ROGO allocations for the development of NEW transient 155 residential units (e.g., hotel & motel rooms), pursuant to Policy 101.2.6. For the development of 156 transient units in unincorporated Monroe County, existing transient units must be transferred 157 from the same ROGO subarea to a parcel designated as Tier III or Tier III-A which does not 158 propose the clearing of any portion of an upland native habitat patch of one acre or greater in 159 area. 160 161 COMPATIBILITY WITH THE SURROUNDING AREA 162 163 A. Existing Vegetation/Habitat: Developed land 164 B. Existing Tier Designation: III 165 C. Number of Listed Endangered or Threatened Species: None 166 D. Existing Use: Commercial 167 E. Community Character of Immediate Vicinity: Adjacent land uses consist of a day care 168 center to the south, residential uses to the north and west, with U.S. 1 right-of-way to the 169 east. 170 171 The proposed FLUM is not anticipated to adversely impact the community character of the 172 surrounding area. 173 174 175 CONCURRENCY ANALYSIS (Comprehensive Plan Policy 101.1.1) 176 177 Traffic Circulation(Comprehensive Plan Policy 301.1.1) 178 179 The subject property is located on U.S. 1 in Key Largo. The property is only accessible by U.S. 180 1. The 2012 URS Arterial Travel Time and Delay Study for Monroe County indicated a LOS of 181 A in Key Largo (MM 99.5 to MM 106.0). U.S 1 is required to maintain a level of serve (LOS) 182 of"C" in order to support development. 183 184 The proposed FLUM is not anticipated to adversely impact the Traffic Circulation LOS. 185 186 Potable Water(Comprehensive Plan Policy 701.1.1 187 188 In March 2008, South Florida Water Management District (SFWMD) approved the FKAA's 189 modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Floridian 190 Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98 191 MGD and a maximum monthly allocation of 809 MG with a limited annual withdrawal from the File #2012-097 Page 5 of 13 192 Biscayne Aquifer of 6,492 MG or 17.79 MGD and an average dry season (December I"-April 193 30'') of 17.0 MGD. 194 195 The Residential LOS is 66.5 gallons/capita/day. The Non-Residential LOS is 0.35 gallons 196 /sq.ft./day. The overall level of service for potable water is 132 gallons per capita/per/day. 197 198 Maximum Residential: 4 DU X 2.24 (people per household) = 8; 8 X 66.5 gallons per capita per 199 day= 532 gallons per day 200 201 Maximum Non-Residential: 0.35 X 6,678 sq.ft.=2,337.3 r4allons per day 202 203 TOTAL: 532 +2,337.3 =2,869.3 gallons/day 204 205 The proposed FLUM is not anticipated to adversely impact the Potable Water LOS. 206 207 Solid Waste(Comprehensive Plan Policy 801.1.1) 208 209 Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44 pounds 210 per capita per day or 12.2 pounds per day per equivalent residential unit (ERU) and establishes a 211 haul out capacity of 95,000 tons per year or 42,668 ERUs. The Comprehensive plan requires 212 sufficient capacity be available at a solid waste disposal site to accommodate all existing and 213 approved development for a period of three years from the projected date of completion of the 214 proposed development of use. Monroe County has a solid waste haul out contract with Waste 215 Management LLC, which authorizes the use of in-state facilities through September 20, 2016, 216 thereby providing the County with approximately three years of guaranteed capacity. 217 218 Maximum Residential = 4 DUs X 2.24 (people per household) = 8; 8 X 5.44 pounds per capita 219 per day=43 pounds per day 220 221 The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS. 222 223 Sanitary Sewer Comprehensive Plan Policy 901.1.1 224 225 The subject property is presently connected to the Key Largo Wastewater Treatment District 226 central sewer system. The level of service (LOS) for residential and nonresidential flow is 145 227 gallons per day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan 228 2000). 229 230 Maximum Residential=4 X 145 = 580 gallons per day 231 232 The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS. 233 234 Drainage (Comprehensive Plan Policy 1001.1.1) 235 236 All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set 237 forth in Chapters 17-25 and 17-302,EA.C,incorporated herein by reference. In addition, all projects shall 238 include an additional 50% of the water quality treatment specified below, which shall be calculated by File #2012-097 Page 6 of 13 239 multiplying the volumes obtained in Section(a)by a factor of 1.5 ,Retention/Detention Criteria(SFWMD 240 Water Quality Criteria 3.2.2.2): 241 242 a) Retention and/or detention in the overall system, including swales, lakes, canals, 243 greenways, etc., shall be provided for one of the three following criteria or 244 equivalent combinations thereof: 245 246 (1) Wet detention volume shall be provided for the first inch of runoff from the 247 developed project, or the total runoff of 2.5 inches times the percentage of 248 imperviousness,whichever is greater. 249 250 (2) Dry detention volume shall be provided equal to 75 percent of the above 251 amount computed for wet detention. 252 253 (3) Retention volume shall be provided equal to 50 percent of the above 254 amounts computed for wet detention. 255 256 b) Infill residential development within improved residential areas or subdivisions 257 existing prior to the adoption of this comprehensive plan must ensure that its post- 25 8 development stormwater run-off will not contribute pollutants which will cause the 259 runoff from the entire improved area or subdivision to degrade receiving water 260 bodies and their water quality as stated above. 261 262 c) New Development and Redevelopment projects which are exempt from the South 263 Florida Water Management District permitting process shall also meet the 264 requirements of Chapter 40-4 and 40E-40,F.A.C. 265 266 The proposed FLUM is not anticipated to adversely impact the Drainage LOS. 267 268 Recreation and Open Space (Comprehensive Plan Policy 1201.1.1) 269 270 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy 271 1201.1.1, for resourced-based and activity-based recreation and open space of 0.82 acres of per 272 1,000 persons (functional population). If development occurs at 3 residential dwelling units and 273 2.24 per capita, there would be an additional 6 people located on this property. 274 275 The proposed FLUM is not anticipated to adversely impact Parks and Recreation/Open 276 Space LOS. 277 278 279 280 281 282 283 284 285 File #2012-097 Page 7 of 13 286 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, 287 THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES,AND 288 PRINCIPLES FOR GUIDING DEVELOPMENT 289 290 A. The proposed amendment is generally consistent with the following Goals, Objectives and 291 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, it furthers: 292 293 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 294 safety of County residents and visitors, and protect valuable natural resources. 295 296 Policy 101.112: Monroe County shall adopt level of service (LOS) standards for the following public 297 facility types required by Chapter 9J-5, EA.C: roads, sanitary sewer, solid waste, drainage, potable water, 298 parks and recreation, and paratransit The LOS standards are established in the following sections of the 299 Comprehensive Plan: 300 301 1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1; 302 303 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 304 305 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 306 307 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 308 309 5. The LOS for drainage is established in Drainage Policy 1001.1.1;and 310 311 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 312 1201.1.1 313 314 Objective 101.4: Monroe County shall regulate future development and redevelopment to 315 maintain the character of the community and protect the natural resources by providing for the 316 compatible distribution of land uses consistent with the designations shown on the Future Land 317 Use Map. 318 319 Policy 101.4.5:The principal purpose of the Mixed Use/Commercial land use category is to provide for the 320 establishment of commercial zoning districts where various types of commercial retail and office may be 321 permitted at intensities which are consistent with the community character and the natural environment 322 323 Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are inconsistent 324 with the applicable provisions of the land development regulations and the Future Land Use Map, and 325 structures which are inconsistent with applicable codes and land development regulations. 326 327 Objective 101.11: Monroe County shall implement measures to direct fixture growth away from 328 environmentally sensitive land and towards established development areas served by existing public 329 facilities. 330 331 Objective 101.20: Monroe County shall address local community needs while balancing the needs of all 332 Monroe County communities. These efforts shall focus on the human crafted environment and shall be 333 undertaken through the Livable CommuniKeys Planning Program. File #2012-097 Page 8 of 13 334 335 Policy 101.20.2:The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as 336 a part of the plan and be implemented as part of the Comprehensive Plan. The following Community 337 Master Plans have been completed in accordance with the principles outlined in this section and adopted by 338 the Board of County Commissioners: 339 340 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010 341 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the 342 Comprehensive Plan and the term Action Item is equivalent to the term Policy, the meanings and 343 requirements for implementation are synonymous. 344 345 B. The proposed amendment is consistent with the following Key Largo Livable 346 CommuniKeys Plan Action Item: 347 348 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in 349 the planning area where appropriate. 350 351 C. The proposed amendment is consistent with the Principles for Guiding Development for the 352 Florida Keys Area, Section 380.0552(7), Florida Statutes. 353 354 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 355 with the principles for guiding development and any amendments to the principles, the principles 356 shall be construed as a whole and no specific provision shall be construed or applied in isolation 357 from the other provisions. 358 359 (a) Strengthening local government capabilities for managing land use and development so that 360 local government is able to achieve these objectives without continuing the area of critical 361 state concern designation. 362 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, 363 seagrass beds, wetlands, fish and wildlife, and their habitat. 364 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 365 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and 366 beaches, wildlife, and their habitat. 367 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 368 economic development. 369 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 370 Keys. 371 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 372 environment, and ensuring that development is compatible with the unique historic character 373 of the Florida Keys. 374 (g) Protecting the historical heritage of the Florida Keys. 375 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 376 proposed major public investments, including: 377 378 1. The Florida Keys Aqueduct and water supply facilities; 379 2. Sewage collection,treatment, and disposal facilities; 380 3. Solid waste treatment, collection, and disposal facilities; 381 4. Key West Naval Air Station and other military facilities; File #2012-097 Page 9 of 13 382 5. Transportation facilities; 383 6. Federal parks, wildlife refuges, and marine sanctuaries; 384 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 385 properties; 386 8. City electric service and the Florida Keys Electric Co-op; and 387 9. Other utilities, as appropriate. 388 389 (i) Protecting and improving water quality by providing for the construction, operation, 390 maintenance, and replacement of stormwater management facilities; central sewage 391 collection; treatment and disposal facilities; and the installation and proper operation and 392 maintenance of onsite sewage treatment and disposal systems. 393 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 394 operation of wastewater management facilities that meet the requirements of ss. 395 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 396 central wastewater treatment facilities through permit allocation systems. 397 (k) Limiting the adverse impacts of public investments on the environmental resources of the 398 Florida Keys. 399 (1) Making available adequate affordable housing for all sectors of the population of the Florida 400 Keys. 401 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of 402 a natural or manmade disaster and for a postdisaster reconstruction plan. 403 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 404 maintaining the Florida Keys as a unique Florida resource. 405 406 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the 407 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 408 409 C. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.). 410 Specifically,the amendment furthers: 411 412 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve 413 and enhance present advantages; encourage the most appropriate use of land, water, and 414 resources, consistent with the public interest; overcome present handicaps; and deal 415 effectively with future problems that may result from the use and development of land within 416 their jurisdictions. Through the process of comprehensive planning, it is intended that units 417 of local government can preserve, promote, protect, and improve the public health, safety, 418 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 419 general welfare; facilitate the adequate and efficient provision of transportation, water, 420 sewerage, schools, parks, recreational facilities, housing, and other requirements and 421 services; and conserve, develop, utilize, and protect natural resources within their 422 jurisdictions 423 424 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the 425 legal status set out in this act and that no public or private development shall be permitted 426 except in conformity with comprehensive plans, or elements or portions thereof, prepared 427 and adopted in conformity with this act. 428 File #2012-097 Page 10 of 13 429 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, 430 and strategies for the orderly and balanced future economic, social, physical, environmental, 431 and fiscal development of the area that reflects community commitments to implement the 432 plan and its elements. These principles and strategies shall guide future decisions in a 433 consistent manner and shall contain programs and activities to ensure comprehensive plans 434 are implemented. The sections of the comprehensive plan containing the principles and 435 strategies, generally provided as goals, objectives, and policies, shall describe how the local 436 government's programs, activities, and land development regulations will be initiated, 437 modified, or continued to implement the comprehensive plan in a consistent manner. It is not 438 the intent of this part to require the inclusion of implementing regulations in the 439 comprehensive plan but rather to require identification of those programs, activities, and land 440 development regulations that will be part of the strategy for implementing the comprehensive 441 plan and the principles that describe how the programs, activities, and land development 442 regulations will be carried out. The plan shall establish meaningful and predictable standards 443 for the use and development of land and provide meaningful guidelines for the content of 444 more detailed land development and use regulations. 445 446 163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon 447 surveys, studies, and data regarding the area, as applicable, including: 448 a. The amount of land required to accommodate anticipated growth. 449 b. The projected permanent and seasonal population of the area. 450 c. The character of undeveloped land. 451 d. The availability of water supplies,public facilities, and services. 452 e. The need for redevelopment, including the renewal of blighted areas and the elimination of 453 nonconforming uses which are inconsistent with the character of the community. 454 f. The compatibility of uses on lands adjacent to or closely proximate to military installations. 455 g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and 456 consistent with s. 333.02. 457 h. The discouragement of urban sprawl. 458 i. The need for job creation, capital investment, and economic development that will 459 strengthen and diversify the community's economy. 460 j. The need to modify land uses and development patterns within antiquated subdivisions. 461 462 163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following 463 analyses: 464 a. An analysis of the availability of facilities and services. 465 b. An analysis of the suitability of the plan amendment for its proposed use considering the 466 character of the undeveloped land, soils, topography, natural resources, and historic 467 resources on site. 468 c. An analysis of the minimum amount of land needed to achieve the goals and requirements 469 of this section. 470 471 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be 472 consistent with the adopted comprehensive plan, or element or portion thereof, and any land 473 development regulations existing at the time of adoption which are not consistent with the 474 adopted comprehensive plan, or element or portion thereof, shall be amended so as to be 475 consistent. If a local government allows an existing land development regulation which is 476 inconsistent with the most recently adopted comprehensive plan, or element or portion File #2012-097 Page 11 of 13 477 thereof, to remain in effect, the local government shall adopt a schedule for bringing the land 478 development regulation into conformity with the provisions of the most recently adopted 479 comprehensive plan, or element or portion thereof. During the interim period when the 480 provisions of the most recently adopted comprehensive plan, or element or portion thereof, 481 and the land development regulations are inconsistent, the provisions of the most recently 482 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in 483 regard to an application for a development order. 484 485 163.3194(3)(a), F.S. —A development order or land development regulation shall be consistent 486 with the comprehensive plan if the land uses, densities or intensities, and other aspects of 487 development permitted by such order or regulation are compatible with and further the 488 objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it 489 meets all other criteria enumerated by the local government. 490 491 163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements 492 thereof shall be implemented, in part, by the adoption and enforcement of appropriate local 493 regulations on the development of lands and waters within an area. It is the intent of this act 494 that the adoption and enforcement by a governing body of regulations for the development of 495 land or the adoption and enforcement by a governing body of a land development code for an 496 area shall be based on, be related to, and be a means of implementation for an adopted 497 comprehensive plan as required by this act 498 499 VI. PROCESS 500 501 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 502 Planning Commission, the Director of Planning, or the owner or other person having a contractual 503 interest in property to be affected by a proposed amendment. The Director of Planning shall review 504 and process applications as they are received and pass them onto the Development Review 505 Committee and the Planning Commission. 506 507 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 508 review the application, the reports and recommendations of the Department of Planning & 509 Environmental Resources and the Development Review Committee and the testimony given at the 510 public hearing. The Planning Commission shall submit its recommendations and findings to the 511 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 512 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff 513 recommendation, and the testimony given at the public hearing. The BOCC may or may not 514 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State 515 Land Planning Agency, which then reviews the proposal and issues an Objections, 516 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 517 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 518 amendment. 519 520 VII. STAFF RECOMMENDATION 521 522 Staff recommends approval. 523 524 File #2012-097 Page 12 of 13 525 VIII. EXHIBITS 526 527 1. Application dated July 2, 2012 528 2. June 4, 2012 Addendum to a Letter of Understanding issued on June 27, 2003 concerning a 529 pet grooming and boarding facility located at 104980 Overseas Highway, Key Largo 530 3. Monroe County Resolution No. 127-2012 531 4. Proposed FLUM Map 532 5. Monroe County Resolution No. 132-2013 533 6. FDEO ORC Letter Dated 7/2/13 534 7. FDEO Email Dated 7/10/13 535 File #2012-097 Page 13 of 13 Exhibit 1 REQUEST FOR FUTURE LAND USE MAP(FLU" RECEIVED JUL - 3 2012 OOE CO.PLANNING DEPT MONROE COUNTY wift the Monroe County Code by to Staff scheduledprior to the ken being A,mendment to Future Land Use Map Application Feet. .00 In addidon to the above applicationfees, the ollo ' fe also apply to each appikadon: Advertising Surrounding Property Owner Notification:$3.00 for each property owner required to be noticed Tecimlogy Date 7/ a / Month Day Yew Property Owner: A&W(' ): Name AddressMailing Daytime Phone Daytinic - 1 i EmailAddress Legal attachlegal descriptionon separate ) t er- i Bock 1 l! S x s Street Address I A Pop i of 4 t t 2009 FutureREQUEST FOR FUTURE LAND USE MAp(FLInW) AMENDMENT"PLICATION Current ): Proposed Future s (8): Current Land Use District (a): (s): Total Land AreaExisting Use oft (If the pmpaty is developed,pleasee of the propedy, includinge number and type of any residential units and the amount and type o Y commmicial.development): In accordance ordinancetheadoption of an proposed change based on one or a of dx factors Plem describe how one or more of the following factors (attach additional sheets if ): 1) fe (� Publics )from those 00 which e text or boundary w : ) Changed assumptions(e, regarding demographic ): mapping,3) Data erroM including errors In vegetative types and natural features described in vohuw ! of the Phu: Pa of ge Last Revised: April 2 AMENDMENT REQUEST FOR FUTURE LAND USE MAP(FLUM) 4) New issues: 5) Recognition f a need for additional detail or c 6) Data updates: In no event shall an amendment be approvede communlity change of the planning area el is locaft& Plem describe bow the FLUM amendment would not result in an adverse community c (attach ): Has a previous FLUM application been submitted for thiss a within the past two yean? Yes Date: No All of the followingt be submitted in order ve a complete application submittal: (?lean check as you attachitem to the a i o ) Complete Future Land Use Map (unaltered );and Correctfee(check or money order to Monroe Cow3ty Planning&Enviromnental Resources);and ownershipProof of ( ;and Current ) County Property Appraiser;and Location map from Monroe County Property Appraiser;and Coy of Future Land Use Map(please request fium.the Planning&FAvironmental Department prior to application l);and Coy e Planning Department prior to application submittal); Photograph($)of site from adjacent (s); Page 3 of 4 Last Revised: April 2009 REQUEST FOR FUTURE LAND USE MAP(FLUM) 300 foot radius map from AMENDMENT APPLICATION County property P Lid of surrounding property owners from 300 foot radius map Typed e mad address nuffing labels of ail property owgen Within a 300 foot radius of the property( (2) ). lbs list should compiled rolls ofthe Monroe County Property APP8ser- In the event that o c0ndOnguium development is within the 300 foot radiu%each unit owner must be included, 13 Signed and Seated Boundary Survey,prepared ®1 EbyFloridar— (1 ) (at a should of all exating areas utility •all bodies of water on the site Ed adjacent to the site;total acreage marked with vegetativeland use district;and total acreage shown with t). If applicable,Me following most be submitted in order to haves C01001M ApPlIcation submittaft Notarized Agent Autborization Letter(note:authorization is n s)of the adject Any other Monroe County documents includingUndentsudins pertaining to the proposed Future Land Use Map amendment If deemed necessary to complete a fan reviewof the al)PUtsd0u,the planning&Environmental Depart=W reserves the right request I certify that I am familiar with lion contained in this application,and that to the best of my knowledge such 'on is true,complete and accurate. h Signature Date: 1 1 , Sworn before me this fday ofLOW (��✓ W CMWISSW Offam (�L MF EMS:JUN 30.2014 � Notary c Bow WV*III to WAM MY Commission ftires Please or deliver the complete application package to: Monroe County Plan=9 Marathon Governmiza Center 2798 Overseas Highway,Suite Marathon,FL 33050. Page 4of Last 2009 Exhibit County of Monroe Growth Management Division Ftanalm&EnAronmsetal Resourna 39ard of cavoly CoMmisstoe.rs 2Eoartmlat Mayor David Rica Dist.4 2798 Overseas Highway,Suite 410 Mayor Pro Tam Kim Wigington,Dist.1 Marathoe,FL 33050 HeatherCanuthem Dist 3 Voice: (305)284.2500 Gto,ya NeugeaL Dist.2 FAX: (305)289-2536 Sylvia).Murphy,Dist 5 We Awye to be cerise,prefesrlonal end fair June 4,2012 John Moore 104980 Overseas Highway Key Largo,33037 SUBJECT: ADDENDUM TO LETTER OF UNDERSTANDING ISSUED ON JUNE 27, 2003 CONCERNING A PET GROOMING AND BOARDING FACILITY, LOCATED AT 104980 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 104.9, HAVING REAL ESTATE NUMBERS 00511220.000000, 00511220.000100 AND 00511220.000101 tW,Moore, Pursuant to §110-3 of the Monroe County Code(MCC), this document shall constitute a Letter of Understanding(LOU). On June 12, 2003,a Pre-Application Conference regarding the above- referenced property was held at the office. of the Monroe County Planning & Environmental Resources Department on Plantation Key. A letter of understanding was issued afterwards on June 27,2003. Mote: The June 27, 2003 was for the following real estate numbers: 00511200.000000, 1)0511210.000000, 00511220.000000 and 00511230.000000. Real estate numbers 00511200.000000, 00511210.000000, and 00511230.000000 were combined with 00511220.000000 for the 2009 tax roll per the property owner's request. Two new real estate numbers, 0051 1220.000100 and 00511220.000101, was split out from 00511220.000000 for the 2010 tax roll per the property owner's request. The Board of County Commissioners passed and adopted Resolution #127-2012 on April 18, 2012. This resolution,adopted after the issuance of the letter of understanding on Jane 27,2003, arnended the Planning & Environmental Resources Department's fee schedule. Of relevance to your property and the development thereon, the amended fee schedule included the following new provision: T-here shall be no application or other fees, except advertising and noticing fees, for property owners who apply for a reap amendment to the official [Land Use District Addendum to June 27,2003 Letter of Understanding ?2ge i of (LUD)] map and/or the official (Future Land Use Map (FLUM)], if the property owner can provide satisfactory evidence that a currently existing use on the site that also existed lawfully in 1992 was deemed nonconforming by final adoption of the LUD map and/or a currently existing use on the site that also existed lawfully on the site in 1997 was deemed nonconforming by final adoption of the FLUM. To qualify for the fee exemption, the applicant must apply for a LUD and/or FLUM designation(s) that would eliminate the non-conforming use created with adoption of the existing designation(s) znd not create an adverse impact to the community. Prior to submittal of a map ,unendment application, the applicant must provide the evidence supporting the change and application for a fee exemption with the proposed LUD mapIFLUM designations to the Monroe County Planning & Environmental Resources Department as part of an ,pplication for a Letter of Understanding. Following a review, the Director of Planning &Environmental Resources shall determine if the information and evidence is sufficient, and whether the proposed LUD map and/or FLUM designations are acceptable for the fee waiver, and approve or deny the fee exemption request. This fee waiver Letter of Understanding shall not obligate the staff to recommend approval or denial of the proposed LUD or FLUM Category. You have requested that the Senior Director of Planning&Environmental Resources render such a decision in relation to the subject property and allow you to submit FLUM and LUD amendment applications without the required application fees. The property has a FLUM designation of Residential Medium (R.M), a LUD designation of Improved Subdivision(IS),and a tier designation of Tier 3. You have requested a FLUM designation of Mixed Use / Commercial (MC) and a LUD designation of either Suburban Commercial(SC)or Mixed Use(MU). The property was within a BU-2 district(Medium Business)prior to 1986 when the property was �e-designated IS. Regarding the development and use of the existing building on the property: There is no building permit on file for the existing building. According to the Monroe County Property Appraiser's records, it was constructed in 1960. In 1977, Building Permit #C3245 was issued to relocate a ground-mounted sign. In the permit file,the business is identified as"R&R Marine fno.",a commercial retail use. I n 1982, Building Permit #C11551 was issued for new electric installation. On the permit,the business is identified as"Upper Keys Coin Laundry',a commercial retail use. In 1986, Building Permit #20794 was issued for the re-roofing of the existing building. On the permit, the business is identified as a"coin laundry",a commercial retail use. Addendum to June 27,2003 Letter of Understanding Page 2 of After 1986, all subsequent permits indicate that the building was being utilized for commercial retail use. Me current regulations pertaining to permitted uses in the IS district do not allow a commercial retail building. Furthermore, Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan, which describes permitted uses in the RM FLUM category, does not state that commercial retail uses are allowed. Therefore, the existing commercial retail use is nonconforming to the current provisions of the Monroe County Code and Comprehensive Plan. However, as the building and its commercial retail use were approved and permitted prior to 1986, the existing use is considered a lawtW nonconforming use. Resolution #127-2012 requires the property owner to provide satisfactory evidence that the existing use on the site also existed lawfully in 1992 and was deemed nonconforming by final adoption of the LUD map and/or the existing use on the site existed lawfully in 1997 and was deemed nonconforming by final adoption of the FLUM. Following a review, Staff has determined that the existing use existed lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff has also determined that the existing use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the FLUM. Resolution 1#127-2012 requires the applicant to apply for a LUD and/or FLUM designation(s) that would eliminate the non-conforming use created with adoption of the existing designation(s) and not create an adverse impact to the community. Following a review, Staff has determined that the proposed FLUM category of MC and proposed LUD designations of SC or MU would eliminate the nonconformity to use. Therefore, the proposed designations are acceptable; however prior to application submittal, you must decide on whether to pursue an amendment to SC or MU. Staff cannot make this decision. In addition, please be aware that Stag'is not obligated to recommend approval of the proposed LUD or FLUM designations. Staff is required to review the application on its merit and determine upon a full review that there shall not be an adverse impact to the community and is consistent with the provisions of the Comprehensive Plan and Monroe County Code. In conclusion, Staff bas determined that your proposal qualifies for fee exemptions to the "Comprehensive Plan, Future Land Use Map(FLUM)Amendment"of$5,531.00 and the"Land Use District Map, Amendment—Nonresidential" fee of$4,929.00. You may submit a FLUM -unendment and/or LUD amendment application without the submittal of the aforementioned application fees. However, you are responsible for all other requirements, including the fees for Advertising ($245.00 per application) and noticing ($3.00 per each surrounding property per application). In addition, please note that you are eligible for these fee waivers so long as such waivers are permitted by the fee schedule. If the fee schedule is amended to remove such a provision in the future, you may not be eligible to submit the application without such required application fees afterwards. Addendum to June 27,2003 letter of Understanding Page 3 of 4 Pursuant to MCC §110-3, you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in erect. This letter does not provide any vesting to the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the project will be required to be consistent with all regulations and policies at the time of development approval. The Department acknowledges that all items required as a part of the application for development approval may not have been addressed at the meeting, and consequently reserves the right for additional comment. 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. Si s an,Planning&Development Review Manager for Townsley Schwab, Senior Director of Planning&Environmental Resources CC: Mayte Santamaria,Assistant Director of Planning ,lddcndum to June 27,2003 Letter of Understanding Paige 4 of 4 OW 001 404< il.:-#a 3V'-;4L)40 rU4 at CMItz waym Obde sbd ur,DU t sutler mom�o Ten ? 5 vofct:(300)269.2500 CWts'90OW MACOY,DLOW. 3 FAX- (SOB)269-2536 Qarid P. i $78 Sm=ftland Road X07 LAMOI FL 3M7 of UndersWdIOV A JFrqosed Pet ra awrised and Anwaded Plat of r 4,Uft 1-5,MRf Miarkw 104.9 8tt 's: .*311200.NOM M11210-000M 00511230.NMft ,tk t)tl►S11 Dear Mr.Moore, This lem is to-a issues that mmse in a meeting that was held an Jum 12,2003,in the Plantaton Key Flaming DqmtwnL Ammidees of this meeting wwo John Moore to as "the applicant'l and]off Sbmcatd, Senior Plenum(hareafter r 'to as the Growth MMpment Division). Rem discussexi at the mee=&and flirther staff resumb box indicated that the followmg stamucals apply *.D this project 1. The site it composed of$ve(5)ions, of which dxm(3) as vacm and om(2)have an existing s (963 square fat)that is currendy bpasting a Lcrgv Coin 2. 'hie FOAA Flood Map(Panel#0 shows all of the property to be in the`X' flood zone. 3. The cwraitMonroe Calmly land Use District MAp indicates the parcel is Wased im dw improved Subdivision(IS)land use dWrict,which allows residential uses"as of rigW. IU existing pas of the propcM as a lawdromm is not'panitted mxkr the cumat 'lS` Under tha cunvat rqWadoes,Was use would be allowed to canimuc operstioa as has been the cue for a mmxba of yesM but would be comidwed a 9.5-143 of the Mcwm County Land Tkvelopment RegWations ad&esses nmconfornoides as swed below: • Re! ! A stmoure in which a nomodoming use is WAW may not be moved unless the um dwreaft conforns to the limitations of the • rig`in Use:A nanconfon3aing use shall not be chngod.unless the new use cocfb=to the pro`isions of the • E'xt : Noncoafbnmng uses shad-not be extended,enlarged,or occupy additional land. Pass t of 2 Vol LV.&L L4.YJ �b:JM:J1U�lu.l •rj may, _w]c f Lf uL 'Me zpplicaat stated that he has no n-gUmtion of relocating or redeveloping dw muctare. He also wrd his uudau ndiug that the strttctmm mttyy not be extended, enlarged, or occupy additional land. R was conveyed to the appUcant that the addition of outside kennels of pew for the animals, or a modification of &* stratum tit allow such provisions &eta the inside would constitute a 7iolation of this clarets. The arpplicW agreed to ruse interpretations and stated that the services provided would be conduoted only within the straahue itself. The applicant's inteurtiom are to ;lave approximately 10 indoor"pens'for dogs and a separate room fbr a reception and groaning Ura. A "caft use" was also shown to be located in diU portion of the maure. It is staffs understanding that this was not izttentded as a brothel,but as an area for felines to board. Staffdoas not view individual dog-walking on dw outside premises a violation of the abovaetaoed criteria (occupying additions!ittoda). '.Vitt that aa4 this propoW beaotm a question of whetftrr or not this is a ebangs of use. Staff does not believe this to be the case since a change of use nnW involve a gream late Wty of t=far the new proposal. It is sr WS opinion that the lntmsity well be,Iesa for a 1Qaur*zl that it is fbr rite �xasttag laundromat. 4. -- existing b ming cu rrez*has several non-striped Pa*kmg areas that lave been sufficient for the c>neat business at this location. Per Monroe County Code(MCC)panting requiremsab,three (3)parktrtg spaces Per 1,000 squm foot of hoot area is required for the proposed use. Any fuduti use of the site would be required to provide ant(I)huAcapped space with,appropdale siow and striping.The area in front of tha stsuchtse already has a flat,paved surface with unobstructed access into the building. 5. Any rrguests fix stgnage, or chafes to the existing signage would be handled through a separate application and review. Arty applicable regulations within Sections 95-404 through 9.5-405 of the Monroe Cotmty Laud Development Regulations would have to be adhered to if changes m stWOV are petitioned Pursvam to Section 9.5-43 of the Monroe CourAty Codo,you are to rely upon the represemtatione set:forth in obis letter of understanding as acoumbe under the regulations curet ntly in effect However, the planning Department aclmowledgm that all itett6s required as part of tha application fair development approval may of have been addressed at the hate M M3 meeting, and consequently reserves the right for additional deparamnt conm at We trust that this iafortnaticm is of assistacm. If you have any questions regarding the content of this :emw,or if we may be able to further assist Sou with your project,please feel free to contact our office at. (305)289-2500. Sinyr�ly, imothy Division G lbiauagemeat Cc: Medea Conaway,Director of Pluming and Enviromnental Resumes Ervin fitgga,Fropeny Apprwa w off Strmcard,Senior Flow Jerry Buckley,Planner Niko Reisinger,Biologist ?age 2 of 2 Exhibit 3 MONROE COUNTY,FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 127 -2012 A RESOLUTION AMENDING RESOLUTION 169-2011, THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE; TO GENERALIZE THE TITLE OF THE FEE FOR APPLICATIONS FOR EXTENSIONS OF TIME AUTHORIZED BY STATE LEGISLATION; TO EXEMPT MAP AMENDMENT FEES FOR PROPERTY OWNERS WHO APPLY TO AMEND THEIR PROPERTIES' LAND USE DISTRICT AND/OR FUTURE LAND USE MAP DESIGNATIONS TO DESIGNATIONS THAT WOULD ELIMINATE NONCONFORMI TIES TO USES THAT WERE CREATED WHEN THE PROPERTIES WERE REZONED BY THE COUNTY IN 1992 AND/OR PROVIDED A FUTURE LAND USE MAP DESIGNATION IN 1997 UNDER CERTAIN CONDITIONS; PROVIDING FOR A FEE FOR A LETTER OF UNDERSTANDING FOR MAP AMENDMENT FEE WAIVERS;AND TO REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH. WHEREAS, the Monroe County Board of County Commissioners wishes to provide the citizens of the County with the best possible service in the most cost effective and reasonable manner, and WHEREAS, the Board finds that it would be in the best interests of the general public to charge the true cost for such services,thereby placing the burden of such costs directly upon those parties deriving the benefit from such services;and WHEREAS, the updated fee schedule prepared by the Growth Management Director for providing these services includes the estimated direct costs and reasonable indirect costs associated with the review and processing of planning and development approval applications and site plans, on-site biological reviews, administrative appeals, preparation of official documentation verifying existing development rights and other processes and services; and Planning&Environmental Resources Department Fee Schedule Page 1 of 7 WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate the county for resources needed in excess of the fee estimates included in the base fees; and WHEREAS, applicants for development review should pay the cost of the review,rather than those funds coming from other sources;and WHEREAS, the Board of County Commissioners wishes to amend fees to compensate for resources expended in applications for private development approvals; and WHEREAS, The Florida State Legislature is considering legislation which allows for extensions of time for some development orders for which the fee is currently $250.00,based on previous Senate and House bills;and WHEREAS,in 1992, a revised series of zoning maps was approved(also known as the Land Use District(LUD)maps) for all areas of the unincorporated county. These maps depicted boundary determinations carried out between 1986 and 1988, depicted parcel lines and were drawn at a more usable scale. Although signed in 1988, the LUD's did not receive final approval until 1992. The Monroe County Land Development Regulations, portions of which are adopted by Rule 28-20.021, F.A.C., and portions of which are approved by the Department of Community Affairs in Chapter 9J-14, F.A.C., were amended effective August 12, 1992. The Land Use District Map was revised to reflect the changes in this rule. The LUD maps remain the official zoning maps of Monroe County; and WHEREAS, in 1993, Monroe County adopted a set of Future Land Use Maps (FLUM) pursuant to a joint stipulated settlement agreement and Sec. 163.3184 Florida Statutes. The Ordinance #016-1993 memorialized the approval. This map series was dated 1997. The 1997 FLUM remains the official future land use maps of Monroe County; and WHEREAS, since the adoption of the LUD maps and FLUM, the County has discovered that several parcels with existing, lawful uses were assigned land use district and future land use categories that deemed those uses nonconforming. In these instances, the County created nonconformities to use without studying of the existing uses and the impact of deeming those uses nonconforming. A remedy to existing property owners would be to allow those property owners to apply for map amendments to designations that would eliminate the nonconformities created by the County and not by the property owner without the payment of a fee; and WHEREAS, the County wishes to clarify that fees will be changed to private applicants for traffic studies required or requested for not only map amendments,but for text amendments submitted by private applicants;and Planning&Environmental Resources Department Fee Schedule Page 2 of 7 WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on April 18,2012; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY FLORIDA: S._ Pursuant to Section 102-19(9),the following schedule of fees to be charged by the Growth Management Division for its services, including but not limited to the filing of land development permit applications, land development approvals, land development orders, and appeal applications, and requests for technical services or official letters attesting to development rights recognized by the County shall be implemented: Administrative Appeals........................................................$1,500.00 Administrative Relief.......................................................$1,011.00 Alcoholic Beverage Special Use Permit.................................$1,264.00 Appeal ROGO or NROGO to BOCC.................................... $816.00 Beneficial Use............................................................... $4,490.00 Biological Site Visit(per visit)............................................$280.00 Biologist Fee(Miscellaneous-per hour)..................................$60.00 Boundary Determination................................................... $1,201.00 Comprehensive Plan,Text Amendment.................................. $5,531.00 Comprehensive Plan,Future Land Use Map(FLUM)Amendment. $5,531.00 Conditional Use,Major,New/Amendment..............................$10,014.00 Conditional Use,Minor,New/Amendment............................ $8,494.00 Conditional Use,Minor,Transfer Development Rights(TDR)........$1,239.00 Conditional Use,Minor,Transfer Nonresidential Floor Area(TRE)$1,944.00 Conditional Use,Minor,Transfer ROGO Exemption(TRE)..........$1,740.00 Conditional Use,Minor/Major,Minor Deviation...................... $1,768.00 Conditional Use,Minor/Major,Major Deviation....................... $3,500.00 Conditional Use,Minor/Major,Time Extension....................... $986.00 Department of Administrative Hearings(DOAH)Appeals............$816.00 Development Agreement...................................................$12,900.00 Development of Regional Impact(DRI)................................. $28,876.00 Dock Length Variance......................................................$1,026.00 Front Yard Setback Waiver,Administrative............................$1,248.00 Front Yard Setback Waiver,Planning Commission....................$1,608.00 Grant of Conservation Easement..........................................$269.00 Habitat Evaluation Index(per hour)......................................$60.00 Home Occupation Special Use Permit................................... $498.00 Inclusionary Housing Exemption.........................................$900.00 Land Development Code,Text Amendment........................... $5,041.00 Land Use District Map,Amendment—Nonresidential................. $4,929.00 Land Use District Map,Amendment—Residential.......................$4,131.00 Planning&Environmental Resources Department Fee Schedule Page 3 of 7 Letter of Current Site Conditions..........................................$936.00 Letter of Development Rights Determination...........................$2,209.00 Letter of ROGO Exemption................................................$215.00 Letter of Understanding for LUD Map/FLUM Fee waiver ...........$250.00 NROGO Application.......................................................$774.00 Planning Fee(Miscellaneous-per hour)...................................$50.00 Parking Agreement..........................................................$1,013.00 Planning Site Visit..........................................................$129.00 Platting, 5 lots or less.......................................................$4,017.00 Platting, 6 lots or more......................................................$4,613.00 Pre-application with Letter of Understanding...........................$689.00 Pre-application with No Letter of Understanding..................... $296.00 Public Assembly Permit....................................................$149.00 Dog in Restaurant Permit...................................................$150.00 Research,permits and records(per hour)................................$50.00 RoadAbandonment.........................................................$1,533.00 ROODApplication.........................................................$748.00 ROGO Lot/Parcel Dedication Letter.....................................$236.00 Legislative Time Extension for Development Orders/Permits....... $250.00 Special Certificate of Appropriateness....................................$200.00 Tier Map Amendment—Other than IS/URM Platted Lot............. $4,131.00 Tier Map Amendment IS/URM Platted Lot Only.................... $1,600.00 Vacation Rental Permit(Initial)............................................$493.00 Vacation Rental(Renewal)................................................$100.00 Vacation Rental Manager License........................................$106.00 Variance,Planning Commission,Signage...............................$1,076.00 Variance,Planning Commission,Other than Signage..................$1,608.00 Variance,Administrative...................................................$1,248.00 Vested Rights Determination..............................................$2,248.00 Wetlands Delineation (per hour).......................................... $60.00 Growth Management applications may be subject to the following additional fees, requirements or applicability: 1. For any application that requires a public hearing(s) and/or surrounding property owner notification, advertising and/or notice fees; $245 for newspaper advertisement and$3 per property owner notice. 2. There shall be no application or other fees, except advertising and noticing fees, for affordable housing projects, except that all applicable fees shall be charged for applications for all development approvals required for any development under Sec. 130-161.1 of the Monroe County Code and for applications for variances to setback, landscaping and/or off-street parking regulations associated with an affordable housing development. Planning&Environmental Resources Department Fee Schedule Page 4 of 7 3. There shall be no application fees, except advertising and noticing fees, for property owners who apply for a map amendment to the official LUD map and/or the official FLUM, if the property owner can provide satisfactory evidence that a currently existing use on the site that also existed lawfully in 1992 was deemed nonconforming by final adoption of the LUD map and/or a currently existing use on the site that also existed lawfully on the site in 1997 was deemed nonconforming by final adoption of the FLUM. To qualify for the fee exemption, the applicant must apply for a LUD and/or FLUM designation(s) that would eliminate the non-conforming use created with adoption of the existing designation(s) and not create an adverse impact to the community. Prior to submittal of a map amendment application,the applicant must provide the evidence supporting the change and application for a fee exemption with the proposed LUD map/FLUM designations to the Monroe County Planning & Environmental Resources Department as part of an application for a Letter of Understanding. Following a review,the Director of Planning & Environmental Resources shall determine if the information and evidence is sufficient, and whether the proposed LUD map and/or FLUM designations are acceptable for the fee waiver, and approve or deny the fee exemption request. This fee waiver Letter of Understanding shall not obligate the staff to recommend approval or denial of the proposed LUD or FLUM Category. 4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses of any hearing officer. The County is currently charged$144.00 per hour by Department of Administrative Hearings (DOAH). If the fee charged to the County is increased, the charge will change proportionately. An estimated amount of one-half of the hearing officer costs as determined by the County Attorney shall be deposited by the applicant along with the application fee, and shall be returned to the applicant if unused. 5. Base fees listed above include a minimum of (when applicable) two internal staff meetings with applicants; one Development Review Committee meeting, one Planning Commission public hearing; and one Board of County Commission public hearing. If this minimum number of meetings/hearings is exceeded, the following fees shall be charged and paid prior to the private development application proceeding through public hearings: a. Additional internal staff meeting with applicant $500.00 b. Additional Development Review Committee public hearing$600.00 c. Additional Planning Commission public hearing $700.00 d. Additional Board of County Commissioners public hearing$850.00 The Director of Growth Management or designee shall assure these additional fees are paid prior to hearing scheduling. These fees apply to all applications filed after September 15,2010. Planning&Environmental Resources Department Fee Schedule Page 5 of 7 6. Applicants for Administrative Appeal, who prevail based on County error, as found by the Planning Commission, shall have the entire application fee refunded. 7. Concerning the application fees to amend the tier maps, the lesser application fee of $1,600.00 is only available for applications to amend the tier designation of a single URM or IS platted lot. It may not be used to amend the designation of more than one parcel. 8. Applicants for any processes listed above that are required to provide transportation studies related to their development impacts shall be required to deposit a fee of$5,000 into an escrow account to cover the cost of experts hired by the Growth Management Division to review the transportation and other related studies submitted by the applicant as part of the development review process or any text amendment submitted by a private applicant. Any unused funds deposited by the applicant will be returned upon permit approval. Monroe County shall obtain an estimate from the consultant they intend to hire to review the transportation study for accuracy and methodology and if the cost for the review on behalf of Monroe County is higher than the $5000, applicant shall remit the estimated amount. Any unused funds deposited by the applicant will be returned upon permit approval. Section 2. Any other fees schedules or provisions of the Monroe County Code inconsistent herewith are hereby repealed. Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of this Resolution to the Division of Growth Management. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) Planning&Environmental Resources Department Fee Schedule Page 6 of 7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18thday of April ,2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yrs Commissioner George Neugent Yes OUNTY BOARD OF COUNTY COMNIISSIONERS 23 L. KOLHAGE, CLERK By Clerk Mayor David Rice y4 �r Uj C` C') MONR E UNTY ATTORNEY O 1 — R EDASTOF t_ - p st - � • t_:d Planning&Environmental Resources Department Fee Schedule Page 7 of 7 �f � .g r I /ii r/1 i%ii 1 m M l V RR I f, o 8$ n c g n, Exhibit 5 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO.132,2a13 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 FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY,KEY LARGO,LOTS 1-5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00511220-000000, 00511220-000100, AND 00511220- 000101. P p� t WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and comment of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above;and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested text amendment; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance for adoption of the R proposed future land use map amendment. Section 2. The Monroe County staff is given authority to prepare and submit the required E 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. P. 1 of 2 i PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a regular meeting held on the 18th day of April,2013. Mayor George Neugent Yes Mayor Pro Tem Heather Carruthers Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes Commissioner Danny Kolhage Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA a BY r[• •t.�•• Mayor George Neugent (SEAL) A 'iEST:Amy Heavilin, Clerk Deputy Clerk MONA E CO ATTORNEY' APP VE A5 0 FOP' Date: G � � A. N p _ rr-1 V c.+ P.2 of 2 Exhibit 6 J Rick Scott . GOVERNOR DE,"z`" esse Panuccio _ EXECUTIVE DIRECTOR FLORIDA DEPARTMENTo9' ECONOMIC OPPORTUNnY July 2, 2013 The Honourable George Neugent Mayor, Monroe County Board of County Commissioners 25 Ships Way Big Pine Key, Florida 33043 Dear Mayor Nuegent: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for Monroe County(Amendment No. 13-2 ACSC), which was received and determined complete on May 3, 2013. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.),for compliance with Chapter 163, Part 11, F.S. Review comments received by the Department from the appropriate reviewing agencies are also enclosed. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. We have identified three objections and have included recommendations regarding measures that can be taken to address the objections. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of the Department of Economic Opportunity report,the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. f"lorida Departmcnt of Economic Opportunity Caldwell Building 107) . Madison Street "Tallahassee, F1,32399 866.F)r,%.2345 850.245.7105 8509213223 Fax www tloridaio s or. www.twittcr nrrn/F7 DHQ www.faccbnok.cum!1'1l)FC� Mayor George Neugent July 2, 2413 Page 2of2 If you have any questions related to this review, please contact Robin Branda at (850) 717-8495, or by email at Robin.Branda@deo.myflorida.com. Sincerely, Q6 'tt William B. Killiworth Director, Division of Community Development W BK/rsb Enclosures: Objections, Recommendations, and Comments Report Procedures for Adoption Agency Comments cc: Christine Hurley, Growth Management Director Mr. lames F. Murley, Executive Director,South Florida Regional Planning Council OBJECTIONS,RECOMMENDATIONS,AND COMMENTS REPORT FOR MONROE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 13-2,ACSC) 1. Consistency with Chapter 163, Part II, and Chapter 380, Part 1 Objection 1: Amendment 134-2013 represents a 49.40 acre site located within Tier III on Stock Island within the Military Installation Area of Influence. Monroe County has proposed a land use change for a combination of 18 lots from Industrial to Mixed Use Commercial. If adopted, the intensity of development of a maximum of 1,291,118 square feet of retail would remain the same while the density could increase from the present allowance of 49 residential dwelling units to a proposed density of 481 transient rooms/spaces, according to the data and analysis submitted with the proposal. Approximately 80%of the site is located within the 65 to 69 noise contour with about 20% being in the 70 to 74 contour of the 2007 Noise Study conducted by the Naval Air Station—Key West(NAS-KW) (Figure 4-3). In a letter regarding this amendment, the NAS-KW requested that transient and residential uses not be allowed in areas located within the 65 Day-Night Average Sound Level(DNL) and higher (as proposed in the amendment), and strongly objects to residential and transient uses in the 70 to 74 DNL. Further, in the May 2,2011 "Department of Defense Instruction"manual with regard to its Air Installation Compatibility Use Zones (AICUZ), the following notes occur with regard to transient and residential development within noise zones: a. Although local conditions regarding the need for housing may require residential uses in these zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these zones. Existing residential development is considered a pre-existing,non-conforming land use. b. Where the community determines that these uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction(NLR) of at Ieast 25 decibels (dB) in DNL 65- 69 and 30 dB in DNL 70-74 should be incorporated into building codes and be considered in individual approvals; for transient housing, an NLR of at least 35 dB should be incorporated in DNL 75-79. c. Normal permanent construction can be expected to provide an NLR of 20 dB, thus the reduction requirements are often stated as 5, 10, or 15 dB over standard construction and normally assume mechanical ventilation, upgraded sound transmission class ratings in windows and doors, and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations. d. NLR criteria will not eliminate outdoor noise problems. However,building location, site planning, design, and use of berm and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces. The County has not demonstrated that there are no viable alternative development options and that there is a need for the proposed increase in development density at this site. Additionally, the NAS-KW states that the Navy is utilizing the 2007 AICUZ and that the more recent Environmental Impact Statement(EIS)noise contours are in draft form and therefore not acceptable at this time. The recent EIS study depicts the parcel as being within a lower noise contour, one in which the transient development would be acceptable with noise attenuation and landscaped berm on the outside of the property. For the reasons cited above, the Department objects to the proposal because the change will exacerbate the incompatibility issues that already exist. The proposed change is also inconsistent with the Principles for Guiding Development that require that proposed amendments must be consistent with protection of the value of public investments in the Florida Keys,including Naval Air Station- Key West. Authority: Section 163.3175(l), 163.3177(I)(02; 163.3177(4); 163.3177(6)(a)f; and 380.0552(7)(a) and (h)4., Florida Statutes(F.S). Recommendation: The Department of Economic Opportunity recommends that the County coordinate with the NAS-KW in addressing the issues of noise contour compatibility. The noise concerns should be addressed and mitigation measures to modify noise impacts may be developed through coordination among the two government entities. Data and analysis should be submitted indicating that there are no viable alternative development options and that there is a need for the proposed increase in development density at this site. Alternatively, the County may wish to delete the 481 rooms/spaces from the amendment and retain/create a Commercial or Industrial designation. The applicant may consider delaying adoption of the proposed amendment until the 2012 EIS DNL Map is adopted by the military, and provide noise attenuation and outside landscaped berms, as requested by the Department of the Navy. Objection 2: Amendment 132-2013 represents a 0.34 acre site located in Key Largo and proposes a change from Residential Medium(RM) to Mixed Use/Commercial (MC). The site is Iocated in a suburban area and has a Tier III designation. The data and analysis submitted with amendment indicates that, if adopted, the Iand use change could increase densities and intensities of development by a total of four maximum net dwelling units, five allocated transient rooms/spaces, six maximum net transient rooms/spaces, and 6,678 square feet of non-residential development. Amendment 133-2013 represents a 0.31 acre site located in a suburban and commercial area of Key Largo and is within a Tier III designation. According to the data and analysis submitted with the proposal, the site is presently partially developed with a commercial establishment. The County seeks to change the land use designation from RIM to MC. If the change is adopted, densities and intensities of development could increase by a total of four maximum net dwelling units, four transient allocated rooms/spaces, and six transient net rooms/spaces, and 6,067 square feet of non-residential uses. Amendments 132-2013 and 133-2013 are inconsistent with Policy 101.4.20 of the Monroe County Comprehensive plan which states, in part,"In order to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the reduction of overall County density and intensity..." Moreover, the FLUM amendments have not included the needs analysis required by the comprehensive plan in response to the Administration Commission's Work Tasks as outlined in the Commission's 30-day Report (28-20.140(5)(a)9.,Florida Administrative Code. Both the policy and Work Plan were designed to discourage increases in density and intensity of development relative to hurricane evacuation and wildlife preservation. The proposed increase in residential density on these sites only serve to exacerbate the hurricane evacuation clearance time and increases the subsequent exposure to takings claims. Authority: Section 163.3177(4); 380.0552(7) (a), F.S., and Chapter 28-20.140(5)(a)9, Florida Administrative Code(F.A.C.) Recommendation The County should not adopt the amendments as submitted. In order to reduce the densities of development on the proposed FLUM,the County should change the residential land uses to Commercial designations instead of the MC proposals,thereby disallowing further density increases. SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4),Florida Statutes May 2011 NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF) to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council;Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county(municipal amendments only);the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only);and the Department of Education (amendments relating to public schools); and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER:Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package,including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s)has been submitted to all parties that provided timely comments to the local government; Name, title, address,telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: Effective:June 2, 2011 (Updated March 11, 201-3) 1. _ In the case of text amendments, changes should be shown in strike-through/underline format; In the case of future land use map amendment, an adopted future land use map, in color format,clearly depicting the parcel, its existing future land use designation,and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the Department of Economic Opportunity posts a notice of intent determing that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance,this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body,if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. Effective:June 2,201?.(Updated March 11.2013) DEPARTMENT OF THE NAVY'' NAVAL AIR STATION PO BOX owl KEY WEST PC.3304n9pOi Ser NO2/ 396 31 May 13 Mr. Ray Eubanks, Administrator Plan Review and Processing Florida Department of Economic Opportunity 107 E. Madison Street Tallahassee, FL 32399 SUBJECT: MONROE COUNTY 13-2ACSC COMMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT This letter is prepared in response to Proposed Amendment 13-1 to the Monroe County Year 2010 Comprehensive Plan Naval Air Station Key West is in objection to Resolution 133- 2013, transmitting an ordinance amending the Future Land Use Map from Industrial (I) to Mixed Use/Commercial (MC) for 18 parcels located on South Stock Island. Our comments to the Monroe County Board of County Commissioners (BOCC) are forwarded as enclosure (1) , and address our concerns. Specifically, Naval Air Station Key West requests that transient and residential uses not be allowed in areas located within 65 DNL and higher, as proposed in the amendment. We look forward to working with Monroe County and the Florida Department of Economic Opportunity on this mission-critical issue. If you have any questions or require additional information, please contact my Business Manager, Mr. Ronald Demes. He can be reached at (305) 293-2488 or via e-mail: ron.demesenavy.mil, or Community Planning and Liaison Officer, Ms. Ashley Monnier at (305) 293-2633 or via e-mail: ashley.monnierOnavv mil, Sincerely, P. A. FERE Capt -�n., U.S. Navy Commanding Officer Enclosure: 1. NASKW Comments Special Meeting 4-18-13 2. May 6, 2013 DEO Memorandum Cagy to: Rebecca Jetton, Administrator Areas of Critical State Concern Christine Hurley, Director, Monroe County Growth Management Division Naval Air Station Key West Comments Monroe County Board of County Commissioners Special Meeting April 18,2013 Agenda Item B.3. A public hearing to consider a resolution to transmit to the State Land Planning Agency a proposed ordinance by the Monroe County Board of County Commissioners amending the Future Land Use Map from Industrial (1)to Mixed Use/Commercial(MC)for 18 parcels on Stock Island,having real estate numbers 00123660-000000, 00123720- 000400,00123760-000200,00123720-000100,00123720-000200,00123730-000100, 00123740-000000, 00123770-000000,00127290-000000, 00127380-000000,00127250- 000000, 00127280-000000,00123600-M100,00123600-000102,00123600-000101, 00123590-000000,00I23570-000000,and 00123540-000000, located on South Stock Island. Naval Air Station Key West (NASKW) has reviewed the proposed Future Land Use Map amendment modifying 18 parcels on Stock Island from Industrial to Mixed Use/Commercial. Issues that have been discussed on record at Development Review Committee and Planning Commission meetings are summarized as follows, and remain to be critical issues for your consideration at this transmittal hearing; (I.)The Navy uses the 2007 Air Installations Compatible Use Zones(AICUZ)noise contours as the basis for this analysis. The proposed Environmental Impact Statement(EIS) noise contours are draft; not yet accepted, and therefore should not be used as a bs f as or analysis. (2.) The Navy interprets residential and transient residential use proposals within high noise zones to be incompatible development, based on the 2007 AICUZ, Table 6-2 Suggested Land Compatibility in Noise Zones (Exhibit 6 of the BOCC transmittal package). Specifically, Housing Units and Transient lodging within the 65 DNL are respectively Iisted as not being compatible(Nt=No with Exceptions).The superscript of 1 states: a Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in 70-74. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these Zones. b. Inhere the community determines that these uses must be allowed measures to achieve and outdoor to indoor Noise Level Reduction(NLR)of at least 25 dB in DNL 65-b9 and NLR of 30 dB in DNL 70-74 should be incorporated into building codes and be in individual approvals; for transient housmg.a NLR of at least 3S dB should be incorporated in DNL 75-79. c, Normal permanent construction can be expected to provide a NLR of 20 d$, thus the reduction requirements are often stated as 5, 10, or 15 dB over standard construction and normally assume mechanical ventilation, upgraded Sound Transmission Class (ST C) ratings in windows and doors and closed windows year round. Additional"consideration should be given to modifying NLR levels based on peak noise levels or vibrations- Enclosure (1) d NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces. (3.)Chapter 380.0552 (7) of the Florida Statutes requires any amendments to Florida Keys area comprehensive plans to be consistent with the principles for guiding development, inclusive of provisions for protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major investments, including Key West Naval Air Station and other military facilities. It is the position of NASKW that the Future Land Use Map amendment, as proposed, is not consistent with this provision. (4.)Chapter 163.3177 (6) (a) 2. of the Florida Statutes provides that future land use plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including the compatibility of uses on lands adjacent to or closely proximate to military installations. It is the position of NASKW that the Future Land Use Map amendment,as proposed, does not include adequate provisions regarding compatibility of uses on lands adjacent to or closely proximate to military installations. NASKW requests that transient and residential use entitlements not be allowed within areas located in 65 DNL or higher. It is also important to consider the noise impacts f r exterior uses, as well as the impracticality of noise attenuation for uses, such as vessels. NASKW looks o forward to continuing this dialogue to resolve this extremely important issue, critical to mission sustainability. 2 Enclosure (1� OFFICE OF THE COMMISSIONER THE CAPITOL (850)6�7-7700 400 SOUTH MONROE STREET TALLAHAMEE,FLORIDA 32399-0800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM May 31,2013 VIA EMAIL(santamaria-mayte@monroecounty-fl.gov) VIA EMAIL(DCPExternalAgencyComments@dca.state.fl.us) Monroe County Growth Management Division Florida Department of Economic Opportunity Attn: Mayte Santamaria State Land Planning Agency 2798 Overseas Highway Suite#400 Attn: Ray Eubanks Marathon,Florida 33050 2555 Shumard Oak Blvd. Tallahassee,Florida 32311 Re: DACS Docket#—20130502-235 Monroe County Resolution 132-2013, 133-2013 Submission dated April 6,2013 Dear Ms.Santamaria: The Florida Department of Agriculture and Consumer Services(the "Department")received the above- referenced proposed comprehensive plan amendment on May 2,2013 and has reviewed it pursuant to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural,aquacultural,or forestry resources in Florida if the proposed amendment(s)are adopted. Based on our review of your county's submission,the Department has no comment on the proposal. If we may be of further assistance, please do not hesitate to contact me at 850-410-2287. Sincerely, lir- Reid Cunningham Senior Management Analyst Office of Policy and Budget cc: Florida Department of Economic Opportunity (SLPA#: Monroe County 13-2 ACSC) T-800-HELPFLA Fl a. www.FreshFromF]orida.com Florida Department o,f'Transportation RICK O 1000 NW 111 Avenue ANANTH"PRASAD,P.E. GOVERNOR Miami, Florida 33172-5800 SECRETARY May 28, 2013 /` 0111 Ray Eubanks, Plan Processing Administrator Department of Economic Opportunity Community Planning and Development 107 East Madison Street Caldwell Building, MSC 180 Tallahassee, Florida 32399 Subject: Comments for the Proposed Comprehensive Plan Amendment, Monroe County#13-2ACSC Dear Mr. Eubanks: The Florida Department of Transportation, District Six, completed a review of the Proposed Comprehensive Pian Amendment, Monroe County #13-2ACSC. The District has reviewed the amendment package per Chapter 163 Florlde Statutes and has found no impacts to transportation resources and facilities of state importance. Please contact Ken Jeffries at 305-470-5445 if you have any questions concerning our response. Sincerely, Phil Steinmiller District Planning Manager Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6 Aileen Boucle, AICP, Florida Department of Transportation, District 6 Mayte Santarnaria, Monroe County www,dot.state.ff.us South Florida F�egional Planning Council MEMORANDUM AGENDA ITEM AILD DATE: JUNE 3,2013 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: LOCAL GOVERNMENT COMPRlRiENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT CONSENT AGENDA Pursuant to Section 163.3184, Florida Statutes, Count review of amendments to local government comprehensive plans is limited to 1)adverse effects on regional resources and facilities identified in the Strategic Regional Policy Punt for South Florida (SRPP) and 2) extraprisdkttonal impacts that would be mconsistent with the comprehensive plan of any affected local government within the Region. A written report containing an evaluation of these impacts,pursuant to Section 163.3184,Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Staff analysis confirms that the proposed and/or adopted amendments identified in the Table below are generally consistent with and supportive of the Goals and Policies of the SRPP.Attached are the separate amendment review forms that will be sent to the local government and State Land Planning Agency. Exhibit A, attached,is a general location map of those amendments listed below that includes a Future Land Use Map amendment. Miami-Dade County, v #13-2ESR N/A 1 N/A April 2,2013 12-0 Monroe Couxtty #73-2ACSC N/A 2 N/A April 18,2013 5-0 Parkland N/A-- -FN/A L3 March s e2013 nt #13-lESR Consistent March 6,2013 3-0 Recommendation Find the proposed and adopted plan amendments from the local governments of Miami-Dade County, Monroe County and Parkland generally consistent with the Strategic Regional Policy Ptah for South .Florida- Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. 3440 Hollywood Boulevard,Suite 140,Hollywood,Florida 33021 Broward(954)985-4416,State(800)985.4416 FAX(91M)985-4417,e-mail:sfadmin@sftpc.com,website:www.s€rpc.com Exhibit A Future lurid Use p(FLUK Amendments for the June 3,2013 Council Meeting 'General location Map 7. ='�wk c. �tW of i u V r r r.. Attachment 2 FLORIDA REGIONAL COUNCILS ASSOCIATION LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 02 South Florida.Regional Planning Council Agenda Item and Date: M.D;June 3,2013. Local Government Amendment Number: Monroe County proposed#13-2ACSC Date Comments due to State Land Planning Agency: June 2,2013. Date Mailed to Local Government and State Land Planning Agency: Prior to June 2,2013,with final Council Action on June 3,2013. Pursuant to Section 163.3284, Florida Statutes, Council review of amendments to local government comprehensive plans is limited to adverse effects on regional resources and friciIities identified in the Strategic Regional Policy Plan for South Florida (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. A written report containing an evaluation of these impacts,pursuant to Section 163.3184,Florida Statutes,is to be provided to the local government and the state land planning agency within 30 calendar days of receipt of the amendment. DESCRIPTION OF AMENDMENT The proposed amendment package contains three amendments to the County's Future Land Use Map described below. County Amendment Resolution 132?-2013(Riviera Village,Key Largo) This map amendment would change approximately 0.34 acres (three parcels) of land from Residential Medium to Mixed Use/Commercial,at 10498 Overseas Highway,near Mile Marker 105 in Key Largo. The property is developed land with a Tier III designation,no endangered or threatened species,and home to a 960-square foot pet boarding and grooming business dating as far back as 1997- No residential uses are within the subject property. Adjacent land uses consist of vacant to the north,residential to the south and east, and commercial to the west The intent of the amendment is to eliminate the nonconformity to the existing use. County Amendment Resolution 133-2013(Rock Harbor Estates,Key Largo) This map amendment would change an approximately 0.97-acre parcel from Residential Medium to Mixed Use/Commercial located at 98175 Overseas Highway,near Mile Marker 98, in Key Largo. The property is developed land with a Tier III designation,no endangered or threatened species,and home to a veterinary clinic/animal hospital in an existing two-story 3,695-square foot building The property has been used as retail and commercial dating back as far as 1977. No residential uses are within the subject property. Adjacent land uses consist of a day care center to the south, residential to the north and west, and U.S. 1 right-of-way to the east The intent of the amendment is to eliminate the nonconformity to the existing use. County Amendment Resolution 134-2013(South Stock Island) This snap amendment would change the land use designations for 18 parcels of land(total of 51.5 acres)from Industrial to Mixed Use/Commercial located near Mile Marker 5 on.South Stock Island. All the properties are developed land with a Tier III designation and no endangered or threatened species. The surrounding areas include a mix of uses from commercial, office, industrial, service and repair, storage, warehouse, restaurants, residential, public utility, commercial fishing and recreation. The proposed cumulative development potential would be 49 residential units, 481 transient units, or 1.3 million square feet of non- residential use. The change would not affect residential or non-residential uses but allow for transient units. Upon inquiry,County staff informed that any transient units would have to be purchased from the existing Pool of transient units from other areas of the Keys. In late 2012, the Monroe County Board of County Commissioners adopted Ordinance 032-2012, amending the Comprehensive Plan to assign Maritime Industries (NII)Zoning District to the Mixed Use/Commercial Future Land Use Map category, including provisions to preserve and promote working waterfront uses. If the proposed change were adopted,all properties would be subject to said provisions,such as maintaining a Minimum of 35% of the upland area for waterfront and wafter dependent uses and limiting residential units to commercial apartments or employee housing. Council staff has not identified adverse effects to regional resources and facilities or extrajurisdictional impacts that would result from the map amendments. I. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN. Not Applicable. 2. EXTRA)URISDICTIONAL HvWACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION. Not Applicable. Exhibit Harve—Mitch From: Santamaria-Mayte Sent: Wednesday,July 10, 2013 2:05 PM Harvey-Mitch; Hurley-Christine Subject: FW: comp plan ORC FYI From: Jetton, Rebecca [mailto:Rebecca.Jetton@deo.myFlorida.com] Sent: Wednesday, July 10, 2013 2:03 PM To: Santamaria-Mayte Cc: Branda, Robin S Subject: comp plan ORC I IOIo N4aCy'I'ea "C���ph(�I��I IIImPP�11a,a�°�r(,Js (�o (�PPL11��;e two ,i k'kp e �.'i��lip��apf�.��I°pppI flolpp)(IIC�,�fyy� �ipi&�,a�pi�ly����i�,c:ilIP!�,u 1,12 (0,'1 1 avl(�g 1,3,1.201 1 In Key La)tg o, ?,Ate I;,: `s t—'J ti Jbj eMa 16 on i')a�;et-J 9i,n the IDS ( re@P;e�� lift I'esk,Je fil6;,fl(,Jen�llt�eP:' A,11°hilt Ifffflf��:�"*��lflga,d"a,e psl��g���fio,se(,J all en(,Jrrieikl;"Ate dkJ not saEr e ;,My(,Ja t;,) t,'6,aI.t11e two I')ropo6 ;e(,J ak�k�kdl9 r��ffi9Gt"''iu were re(fl1 ie(,,i by the f;4:)unty pror to the (,;,)t P'i 6"f Yh;e andoI')tf (,J MC'&I"'kroe County I)6:'albc to aaifi`;ca"Rur age (,'J ?f/P?ufifl:Sil1fl41"I", , In our (,ll:Icl.fssbn vAt1t 1 you reg ;,)rallifg i'f(°,)ted f C`fa t lg, In you ;,)doli1bn pf6iafse, yoti w1II lnf,elu.ide d,'a,!'i (,J;') ;'), ia"ve aiOIf not reru''Je aC ikon,4 6JlllpkaCl k4 e fi u',fin ,' 1.h"arfl('you Roi'')ln 1dla.)ndak Rebecca Jetton (850)717-8494 (850)766-7822 (cell) This email communication may contain confidential information protected from � �� disclosure by privacy laws and is intended for the use of the individual named above.If the reader of this message is not the intended recipient,this is notice to you that any dissemination,distribution or copying of this communication or any attachment to it may be a violation of federal and state privacy laws.If you have received this email in error,please notify the sender immediately by return email and delete this message.Please note that Florida has a broad public records law,and that all correspondence to me via email may be subject to disclosure.Under Florida law email addresses are public records. 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