Item Q05 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17 , 2013 Division: Growth Management
Bulk Item: Yes No X_ Department: Planning & Environmental Resources
Staff Contact Person: Christine Hurley, 289-2517
AGENDA ITEM WORDING: A public hearing to approve an ordinance by the Monroe County Board
of County Commissioners amending the Land Use District (Zoning) Map of the Monroe County Land
Development Code from Improved Subdivision (IS) to Mixed Use (MU) for property located at 10498
Overseas Highway, Mile Maker 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 (Quasi-judicial 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 Land Use District (LUD) map designation of Improved Subdivision (IS). The current regulations
pertaining to permitted uses do not allow a commercial retail use and the existing commercial use is
considered nonconforming to the provisions of the Land Development Code and the Comprehensive
Plan. The applicant is requesting to amend the LUD designation for the existing commercial use from
Improved Subdivision (IS) to Mixed Use (MU). The proposed LUD amendment, together with the
associated FLUM amendment (RM to MC) will eliminate the nonconformity of the use. The LUD
amendment becomes effective contingent upon the approval of the associated FLUM amendment from
Residential Medium (RM)to Mixed Use/Commercial (MC).
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.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
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 Attorney X OMB /Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
1 a�
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7 ORDINANCE - 2013
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE LAND USE DISTRICT (ZONING) MAP
11 OF THE MONROE COUNTY LAND DEVELOPMENT CODE FROM
12 IMPROVED SUBDIVISION (IS) TO MIXED USE (MU) FOR PROPERTY
13 LOCATED AT 10498 OVERSEAS HIGHWAY, MILE MARKER 104, KEY
14 LARGO, LOTS 1-5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA
15 VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE COUNTY,
16 FLORIDA, HAVING REAL ESTATE NUMBERS 00511220-000000, 00511220-
17 000100, AND 00511220-000101; PROVIDING FOR SEVERABILITY;
18 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING
19 WITH THE OFFICE OF SECRETARY OF STATE; PROVIDING FOR
20 INCLUSION IN THE MONROE COUNTY OFFICIAL LAND USE DISTRICT
21 MAP; PROVIDING FOR A CONTINGENCY; PROVIDING FOR AN
22 EFFECTIVE DATE.
23
24
25 WHEREAS,the property owner, John C. and Wendy A. Moore filed an application on July 3, 2012,
26 to amend the Land Use District(Zoning)Map designation from Improved Subdivision(IS)to Mixed
27 Use(MU)in accordance with §102-158 of the Monroe County Code (MCC); and
28
29 WHEREAS, the subject property is located at 10498 Overseas Highway, Mile Marker 104 in Key
30 Largo and is legally described as Lots 1-5, Block 4, Revised Amended Plat of Riviera Village,
31 PB2/P80 of the Public Records of Monroe County, Florida, having real estate numbers 00511220-
32 000000, 00511220-000100, and 00511220-000101; and
33
34 WHEREAS, during a regularly scheduled meeting held on October 30, 2012, the Monroe County
35 Development Review Committee reviewed this ordinance and recommended approval to the
36 Board of County Commissioners in Resolution#DRC 22-12; and
37
38 WHEREAS, during a regularly scheduled public hearing held on November 28, 2012,the Monroe
39 County Planning Commission reviewed this ordinance and recommended approval to the Board of
40 County Commissioners in Resolution#P49-12; and
41
42 WHEREAS, based upon the evidence presented and documentation submitted, the Board makes
43 the following Findings of Fact:
44
45 1. In 1986, as part of a county-wide rezoning, the land use district designation of the subject
46 property was amended to Improved Subdivision(IS).
47
1.
48 2. With the 1997 adoption of the Future Land Use Map, the subject property was given a
49 designation of Residential Medium (RM).
50
51 3. MCC Sec. 102-158 states that map amendments are not intended to relieve particular
52 hardships, nor to confer special privileges or rights on any person, nor to permit a change in
53 community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan, but
54 only to make necessary adjustments in light of changed conditions.
55
56 4. MCC Sec. 102-158(d)(5)(b) provides the following factors for consideration, one or more or
57 which must be met for a map amendment:
58
59 a. Changed projections (e.g., regarding public service needs) from those on which the
60 text or boundary was based; and/or
61 b. Changed assumptions (e.g., regarding demographic trends); and/or
62 c. Data errors, including errors in mapping, vegetative types and natural features
63 described in volume I of the plan; and/or
64 d. New issues; and/or
65 e. Recognition of a need for additional detail or comprehensiveness; and/or
66 f. Data updates; and/or
67 g. For FLUM changes, the principles for guiding development as defined in the
68 Florida Statutes relating to changes to the comprehensive plan.
69
70 5. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with
71 the provisions and intent of the Monroe County Comprehensive Plan.
72
73 6. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with
74 the Principles for Guiding Development in the Florida Keys Area of Critical State Concern.
75
76 and
77
78 WHEREAS, based upon the information and documentation submitted, the Board of County
79 Commissioners makes the following Conclusions of Law:
80
81 1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
82
83 a. The existing use of the property is consistent with the purpose of the Mixed Use (MU)
84 district, as set forth in §13 0-3 8 of the Monroe County Code; and
85 b. The existing use of the property is permitted as a permitted use in the Mixed Use (MU)
86 district, as set forth in §13 0-8 8 of the Monroe County Code; and
87 c. As required by §102-158 of the Monroe County Code, the proposed map amendment shall
88 not relieve particular hardships, nor confer special privileges or rights on any person, nor
89 permit a change in community character, as analyzed in the Monroe County Year 2010
90 Comprehensive Plan; and
91 d. The proposed map amendment meets one of the factors set forth in §102-158(d)(5)(b) of
92 the Monroe County Code: 1) Data errors; The subject property was constructed as a
93 commercial use within the BU-2 zoning district that was in effect at the time of
94 construction. A nonconforming use was created with the adoption of the FLUM and when
95 the subject property was rezoned by the County from BU to IS. Amending the LUD Map
96 designation from IS to MU for the subject property will eliminate the nonconforming use.
97
98 and
99
100 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
101 County Year 2010 Comprehensive Plan:
102
103 a. The existing use of the property is consistent with the purpose of the Mixed Use/
104 Commercial (MC) Future Land Use Map (FLUM) designation, as set forth in Policy
105 101.4.5; and
106 b. The Mixed Use (MU) district designation corresponds to the Future Land Use Map
107 (FLUM)designation of Mixed Use/Commercial (MC), as set forth in Policy 101.4.21.
108
109 and
110
Ill 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development
112 for the Florida Keys Area of Critical State Concern.
113
114 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
115 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
116
117 Section 1. Findings
118
119 The Board specifically adopts the findings of fact and conclusions of law stated above.
120
121 Section 2. Property Designation
122
123 The previously described property, which is currently designated as Improved Subdivision(IS) on
124 the land use district (zoning) map shall be designated Mixed Use (MU) as shown on the attached
125 map, which is hereby incorporated by reference and attached as Exhibit 1.
126
127 Section 3. Amendment of Land Use District Map
128
129 The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2
130 above.
131
132 Section 4. Severability.
133
134 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
135 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
136 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
137 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
138 involved in the controversy in which such judgment or decree shall be rendered.
139
140
141
3
142 Section 5. Conflicting Provisions.
143 In the case of direct conflict between any provision of this ordinance and a portion or provision of
144 any appropriate federal, state, or county law, rule code or regulation, the more restrictive shall
145 apply.
146
147 Section 6. Transmittal.
148
149 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
150 Sec. 380.05 (6), F.S. Sec. 380.0552(9) and F.S. Sec. 380.07.
151
152 Section 7. Filing.
153
154 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
155 become effective until the contingency in Section 8 is satisfied and a final approval is issued
156 according to F.S. 380.05(6) or F.S. 380.07 by the Florida State Land Planning Agency or
157 Administration Commission approving the ordinance, and if the ordinance is challenged, until the
158 challenge to the ordinance is resolved.
159
160 Section 8. Contingency
161
162 This ordinance is contingent upon the adoption and transmittal of the ordinance amending the
163 Future Land Use Map designation of the subject property from Residential Medium (RM) to
164 Mixed Use/Commerical (MC) and the approval of the change by the State Land Planning Agency
165 pursuant to Chapters 163 and 380 of the Florida Statutes.
166
167 Section 9. Effective Date.
168
169 This ordinance shall become effective as provided by law and stated above.
170
171 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
172 a regular meeting held on the 17th day of September,2013.
173
174 Mayor George Neugent
175 Mayor Pro Tem Heather Carruthers
176 Commissioner Danny Kolhage
177 Commissioner Sylvia Murphy
178 Commissioner David Rice
179
180 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
181
182 Attest: Amy Heavilin, Clerk
183
184
185 By By
186 Deputy Clerk Mayor George Neugent
MON E OlJdJ7Y ATTORNEY
P R ED AS TO F 'RM
4 Date:
Exhibit 1 to Ordinance# -2013
TARPON AVE
0 1220-000100
-AOE11220-0�OL01 IS to
MARLIN AVE
0 5'1 12201000060,
POMPANO DR
0
BONIT AVE
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of three parcels of land in Key Largo having Real Estate Numbers
00511220-000100,00511220-000000 and 00511220-000101 from Improved Subdivision(IS)to N
Mixed Use(MU).
2
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Christine Hurley, Director, Growth Management Division
11 Mayte Santamaria, Assistant Director, Planning and Environmental Resources
12
13 From: Mitchell N Harvey, AICP, Comprehensive Planning Manager
14
15 Date: August 22,2013
16
17 Subject: A REQUEST BY JOHN C. AND WENDY MOORE TO AMEND THE LAND
18 USE DISTRICT MAP OF THE MONROE COUNTY LAND DEVELOPMENT
19 CODE FROM IMPROVED SUBDISIVION (IS) TO MIXED USE (MU) FOR
20 PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, MILE MARKER
21 104, KEY LARGO
22
23 Meeting: September 17,2013
24
25 I REQUEST
26
27 The applicant, John C. and Wendy A. Moore, is requesting to amend the Land Use District
28 (LUD) designation for the existing commercial use from Improved Subdivision (IS) to Mixed
29 Use (MU)., for property located at 10498 Overseas Highway, Key Largo, having real estate
30 numbers 00511220-000000, 00511220-000100, and 00511220-000101.
31
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32 FERR�.,,�RR',
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File #2012-098 Page 1 of 10
1
2 II BACKGROUND INFORMATION
3
4 A. Size of Site: 0.34 acres
5 B. Land Use District: IS
6 C. FLUM Designation: RM
7 D. Tier Designation: III
8 E. Flood Zone: X
9 F. Existing Use: Commercial
10 G. Existing Vegetation/Habitat: Developed land
11 H. Community Character of Immediate Vicinity: Adjacent land use consists of IS
12 district uses, with a private day care business located on the abutting parcel.
13
14 Location: Key Largo, MM 104
15 Address: 10498 Overseas Highway, Key Largo, FL
16 Legal Description: Lots 1-5, Block 4, Revised Amended Plat of Riviera Village, PB2/P80
17 of the Public Records of Monroe County, Florida
18 Real Estate Numbers: 00511220-000000, 00511220-000100, AND 00511220-000101
19 Applicant: John C. & Wendy A. Moore
20
21
22 III RELEVANT PRIOR COUNTY ACTIONS
23
24 The property was within the BU-2 district (Medium Business)prior to 1986 when the property
25 was re-designated IS (Improved Subdivision). After 1986, all subsequent permits indicate that
26 the building was being utilized for commercial retail use.
27
28 The applicant presently owns a pet boarding and grooming business in an existing 960 square
29 foot building located at 10498 Overseas Highway. The subject property currently has a Future
30 Land Use Map (FLUM) designation of Residential Medium (RM) and a Land Use District
31 designation of Improved Subdivision (IS). The current regulations pertaining to permitted uses
32 do not allow a commercial retail use and the us is considered nonconforming to the provisions
33 of the code and the comprehensive plan. The applicant is requesting to amend the FLUM
34 designation for the existing commercial use from Residential Medium (RM) to Mixed Use
35 Commercial (MC). The proposed FLUM amendment, together with the associated LUD
36 amendment(IS to MU)will eliminate the nonconformity to the use.
37
38 Monroe County Resolution No. 127-2012, approved on April 18, 2012, allows the applicant to
39 apply for a LUD and/or FLUM designations that would eliminate the nonconforming use
40 created with the adoption of the existing designations and not create an adverse effect on the
41 community. The property owner must provide satisfactory evidence that the existing use on the
42 site also existed lawfully in 1992 and was deemed nonconforming by final adoption of the
43 LUD map and/or the existing use on the site existing lawfully in 1997 and was deemed
44 nonconforming by final adoption of the FLUM to be exempt from the FLUM amendment
45 application fee.
46
47 On June 4, 2012, Monroe County Planning staff prepared an addendum to a Letter of
48 Understanding, issued on June 27, 2003, which determined that the existing use existed
File #2012-098 Page 2 of 10
I lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff
2 has also determined that the existing use existed lawfully in 1997 and was deemed
3 nonconforming by the final adoption of the FLUM. Staff concluded that he proposed FLUM
4 category of MC and proposed LUD designations of MU or SC would eliminate the
5 nonconformity of use.
6
7 Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of
8 Community Master Plans. These "CommuniKeys Plans" implement a vision that was
9 developed by the local community. In 2006, the Monroe County Board of County
10 Commissioners adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
11 CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan. Action Item 1.3.2
12 states: Revise the FLUM and Land Use District Maps to resolve non-conformities in the
13 planning area where appropriate. The proposed FLUM and associated LUP amendment
14 implements this Action Item of the adopted Key Largo CommuniKeys
15
16 On October 30, 2012, the Monroe County Development Review Committee considered the
17 proposed amendment at a regularly scheduled meeting.
18
19 On November 28, 2012, the Monroe County Planning Commission voted 5-0 to recommend
20 approval of the proposed amendment to the Board of County Commissioners.
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File #2012-098 Page 3 of 10
1
2 IV REVIEW OF APPLICATION
3
4 A. DENSITY AND INTENSITY
5
Development potential
Existing LUD Type Adopted Standards based upon allocated
.densi!y
Residential I du/lot 5 units
Improved Allocated Density/Acre
Subdivision Residential N/A N/A
(IS) Max Net/Buildable Acre
Transient 0 rooms/spaces 0 rooms/spaces
Total A ,
le: 034, Allocated Density/Acre
acres Transient N/A N/A
0.27 net acres Max Net/Buildable Acre
5 lots Nonresidential 0 sf 0 sf
Maximum Intensity
Development potential
Proposed LUD Type Adopted Standards based upon allocated
density
Residential 1 0
Allocated DensjtX/Acre
Mixed Use Residential
12 3
(MU) Max Net/Buildable Acre
Transient 10 3
Allocated Densi!y/Acre
Total sliIe: 01,11,,1134 - Transient
acres Max Net/Buildable Acre 15 4
0 27 iiel acres,
5 lots Non Residential
Low Intensity 0.35 5,193 sf
Medium Intensity 0.25 3,710 sf
Hi Intensi 0.15 2,226 sf
6
7 Net Change: Residential (Allocated): -5 units
8 Residential (Max Net): +3 units
9 Transient(Allocated): +3 rooms/spaces*
10 Transient(Max Net): +4 rooms/spaces*
11 Non Residential: +5,193 square feet
12
13
14 The above table provides an approximation of the development potential for residential,
15 transient and commercial development. Section 130-156 of the Land Development Code
16 states: "The density and intensity provisions set out in this section are intended to be
File #2012-098 Page 4 of 10
1 applied cumulatively so that no development shall exceed the total density limits of this
2 article. For example, if a development includes both residential and commercial
3 development, the total gross amount of development shall not exceed the cumulated
4 permitted intensity of the parcel proposed for development."
5
6 There are no existing residential uses within the subject property. Any new residential use
7 must follow the Rate of Growth Ordinance (ROGO) permit process. An existing affordable
8 residential use may also be transferred to the subject property from a sender site that is
9 located within the Upper Keys subarea.
10
11 *Monroe County does not award ROGO allocations for the development of NEW transient
12 residential units (e.g., hotel & motel rooms), pursuant to Policy 101.2.6. For the
13 development of transient units in unincorporated Monroe County, existing transient units
14 must be transferred from the same ROGO subarea to a parcel designated as Tier III or Tier
15 III-A which does not propose the clearing of any portion of an upland native habitat patch
16 of one acre or greater in area.
17
18 COMPATIBILITY WITH THE SURROUNDING AREA
19
20 A. Existing Vegetation/Habitat: Developed land
21 B. Existing Tier Designation: III
22 C. Number of Listed Endangered or Threatened Species: None
23 D. Existing Use: Commercial
24 E. Community Character of Immediate Vicinity: Adjacent land uses consist of a day
25 care center to the south, residential uses to the north and west, with U.S. 1 right-of-
26 way to the east.
27
28 The proposed LUD is not anticipated to adversely impact the community character of
29 the surrounding area.
30
31 B. EFFECTS ON PUBLIC FACILITIES
32
33 Traffic Circulation(Comprehensive Plan Policy 301.1.1
34
35 The subject property is located on U.S. 1 in Key Largo. The property is only accessible by
36 U.S. 1. The 2011 URS Arterial Travel Time and Delay Study for Monroe County indicated
37 a LOS of A in Key Largo (MM 99.5 to MM 106.0). U.S 1 is required to maintain a level
38 of serve (LOS) of"C"in order to support development.
39
40 The proposed LUD is not anticipated to adversely impact the Traffic Circulation
41 LOS.
42
43 Potable Water(Comprehensive Plan Policy 701.1.1)
44
45 In March 2008, South Florida Water Management District (SFWMD) approved the
46 FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne
47 and Floridian Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons
48 (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG with a limited annual
File #2012-098 Page 5 of 10
1 withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79 MGD and an average dry
2 season(December 1"-April 30t') of 17.0 MGD.
3
4 The Residential LOS is 66.5 gallons/capita/day. The Non-Residential LOS is 0.35 gallons
5 /sq.ft./day. The overall level of service for potable water is 132 gallons per capita/per/day.
6
7 Maximum Residential: 3 DU X 2.24 (people per household) = 6; 6 X 66.5 gallons per
8 capita per day= 399 gallons per day
9
10 Maximum Non-Residential: 0.35 X 5,193 sq.ft.= 1,817.5 gallons per day
11
12 TOTAL: 399+ 1,817.5 =2,216.5 gallons/day
13
14 The proposed LUD is not anticipated to adversely impact the Potable Water LOS.
15
16 Solid Waste (Comprehensive Plan Policy 801.1.1)
17
18 Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44
19 pounds per capita per day or 12.2 pounds per day per equivalent residential unit (ERU) and
20 establishes a haul out capacity of 95,000 tons per year or 42,668 ERUs. The Comprehensive
21 plan requires sufficient capacity be available at a solid waste disposal site to accommodate all
22 existing and approved development for a period of three years from the projected date of
23 completion of the proposed development of use. Monroe County has a solid waste haul out
24 contract with Waste Management LLC, which authorizes the use of in-state facilities
25 through September 20, 2016, thereby providing the County with approximately four years
26 of guaranteed capacity.
27
28 Maximum Residential = 3 DUs X 2.24 (people per household) = 6; 6 X 5.44 pounds per
29 capita per day=32.6 pounds per day
30
31 The proposed LUD is not anticipated to adversely impact the Solid Waste LOS.
32
33 Sanitary Sewer(Comprehensive Plan Policy 901.1.1
34
35 The subject property is presently connected to the Key Largo Wastewater Treatment
36 District central sewer system. The level of service (LOS) for residential and nonresidential
37 flow is 145 gallons per day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater
38 Master Plan 2000).
39
40 Maximum Residential= 3 X 145 =435 gallons per day
41
42 The proposed LUD is not anticipated to adversely impact the Sanitary Sewer LOS.
43
44 Drainage (Comprehensive Plan Policy 1001.1.1)
45
46 All projects shall be designed so that the discharges will meet Florida State Water Quality Standards
47 as set forth in Chapters 17-25 and 17-302, F.A.C, incorporated herein by reference. In addition, all
48 projects shall include an additional 50%of the water quality treatment specified below,which shall be
File #2012-098 Page 6 of 10
I calculated by multiplying the volumes obtained in Section(a)by a factor of 1.5 ,Retention/Detention
2 Criteria(SFWMD Water Quality Criteria 3.2.2.2):
3
4 a) Retention and/or detention in the overall system, including swales, lakes,
5 canals, greenways, etc., shall be provided for one of the three following
6 criteria or equivalent combinations thereof:
7
8 (1) Wet detention volume shall be provided for the first inch of runoff
9 from the developed project,or the total runoff of 2.5 inches times the
10 percentage of imperviousness,whichever is greater.
11
12 (2) Dry detention volume shall be provided equal to 75 percent of the
13 above amount computed for wet detention.
14
15 (3) Retention volume shall be provided equal to 50 percent of the above
16 amounts computed for wet detention.
17
18 b) Infill residential development within improved residential areas or
19 subdivisions existing prior to the adoption of this comprehensive plan must
20 ensure that its post-development stormwater run-off will not contribute
21 pollutants which will cause the runoff from the entire improved area or
22 subdivision to degrade receiving waxer bodies and their water quality as
23 stated above.
24
25 c) New Development and Redevelopment projects which are exempt from the
26 South Florida Water Management District permitting process shall also meet
27 the requirements of Chapter 40-4 and 40E-40,F.A.C.
28
29 The proposed LUD is not anticipated to adversely impact the Drainage LOS.
30
31 Recreation and Open Space (Comprehensive Plan Policy 1201.1.1)
32
33 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy
34 1201.1.1, for resourced-based and activity-based recreation and open space of 0.82 acres of
35 per 1,000 persons (functional population). If development occurs at 3 residential dwelling
36 units and 2.24 per capita, there would be an additional 8 people located on this property.
37
38 The proposed LUD is not anticipated to adversely impact Parks and Recreation/Open
39 Space LOS.
40
41 C. CONSISTENCY OF THE PROPOSED AMENDMENT WITH THE PROVISIONS AND
42 INTENT OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
43
44 The proposed amendment is generally consistent with the following Goals, Objectives
45 and Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, it
46 furthers:
47
File #2012-098 Page 7 of 10
I Goal 101: Monroe County shall manage future growth to enhance the quality of life,
2 ensure the safety of County residents and visitors, and protect valuable natural resources.
3
4 Policy 101.112: Monroe County shall adopt level of service (LOS) standards for the following
5 public facility types required by Chapter 9J-5, F.A.C: roads, sanitary sewer, solid waste, drainage,
6 potable water, parks and recreation, and paratransit. The LOS standards are established in the
7 following sections of the Comprehensive Plan:
8
9 1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
10
11 2. The LOS for potable water is established in Potable Water Policy 701.1.1;
12
13 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
14
15 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
16
17 5. The LOS for drainage is established in Drainage Policy 1001.1.1;and
18
19 6. The LOS for parks and recreation is established in Recreation and Open Space
20 Policy 1201.1.1
21
22 Objective 101A Monroe County shall regulate future development and redevelopment to
23 maintain the character of the community and protect the natural resources by providing for
24 the compatible distribution of land uses consistent with the designations shown on the
25 Future Land Use Map.
26
27 Policy 101.4.5:The principal purpose of the Mixed Use/Commercial land use category is to provide
28 for the establishment of commercial zoning districts where various types of commercial retail and
29 office may be permitted at intensities which are consistent with the community character and the
30 natural environment.
31
32 Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are
33 inconsistent with the applicable provisions of the land development regulations and the Future Land
34 Use Map, and structures which are inconsistent with applicable codes and land development
35 regulations.
36
37 Objective 101.11: Monroe County shall implement measures to direct future growth away from
38 environmentally sensitive land and towards established development areas served by existing public
39 facilities.
40
41 Objective 101.20:Monroe County shall address local community needs while balancing the needs of
42 all Monroe County communities. These efforts shall focus on the human crafted environment and
43 shall be undertaken through the Livable CommuniKeys Planning Program.
44
45 Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive
46 Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following
47 Community Master Plans have been completed in accordance with the principles outlined in this
48 section and adopted by the Board of County Commissioners:
File #2012-098 Page 8 of 10
1
2 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
3 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in
4 the Comprehensive Plan and the term Action Item is equivalent to the term Policy;the meanings and
5 requirements for implementation are synonymous.
6
7 D. CONSISTENCY WITH THE KEY LARGO LIVABLE COMMUNIKEYS PLAN.-
8
9 The proposed amendment is consistent with the following Key Largo Livable
10 CommuniKeys Plan Action Item:
11
12 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve
13 nonconformities in the planning area where appropriate.
14
15
16 E CONSISTENCY OF THE PROPOSED AMENDMENT WITH THE PROVISIONS AND
17 INTENT OF THE MONROE COUNTY CODE, LAND DEVELOPMENT CODE:
18
19 In accordance with MCC§ 102-158(d)(5), the BOCC may consider the adoption of an
20 ordinance enacting the proposed change based on one or more of the following factors:
21
22 1. Changed projections (e.g., regarding public service needs)from those on which the text
23 of boundary was based;
24 NA
25
26 2. Changed assumptions (e.g., regarding demographic trends);
27 NA
28
29 3. Data errors, including errors in mapping, vegetative types and natural features
30 described in Volume 1 of the plan;
31
32 The subject property was constructed as a commercial use within the BU-2 zoning
33 districted that was in effect at the time of construction. A nonconforming use was created
34 with the adoption of the FLUM and when the subject property was rezoned by the County
35 from BU to IS. Amending the LUD Map designation from IS to MU for the subject
36 property will eliminate the nonconforming use.
37
38 4.New issues;
39 NA
40
41 5. Recognition of a need for additional detail or comprehensiveness; or
42 NA
43
44 6. Data updates.
45 NA
46
47 The proposed LUD is consistent with the purpose of the MU district.
48
File #2012-098 Page 9 of 10
I F. IMPACT ON COMMUNITY CHARACTER:
2
3 The subject property is presently located along the US 1 right-of way and is an existing
4 commercial use It is not anticipated that the future development of the site will impact the
5 existing character of the adjacent area.
6
7 Section 130-38, Monroe County Code states: The purpose of the MU district is to
8 establish or conserve areas of mixed uses, including commercial fishing, resorts,
9 residential, institutional and commercial uses, and preserve these as areas representative of
10 the character, economy and cultural history of the Florida Keys.
11 The proposed LUD is consistent with the purpose of the MU district.
12
13 V RECOMMENDATION
14
15 Staff recommends that the LUD Map be amended from IS to MU for the subject property,
16 contingent upon the adoption and following the effective date of the concurrent FLUM
17 amendment from RM to MC.
18
19 VI EXHIBITS
20
21 1. June 4, 2012 Addendum to a Letter of Understanding issued on June 27, 2003
22 concerning a pet grooming and boarding facility located at 104980 Overseas Highway,
23 Key Largo
24 2. Monroe County Resolution No. 127-2012
25 3. Proposed LUD Map
File #2012-098 Page 10 of 10
Exhibit 1
County of Monroe
Growth Management Division
Ftanniaa&Eaviroameota Resources hoard of Coaoty Commission rs
Mayor David Rice,Dist.4
279E overseas Highway,Suite 410 Mayor Pro Tam Kim Wigington,Disc.1
Liarathota,FL 33050 Heather Carruthers;Dist.3
`loiax (305)289-2500 George Neugeot,Dist.2
FAX: (305)2MZ536 Sylvia).Murphy,Dist 5
We Wive to be carlag,professional and 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
MARKER104,9, HAVING REAL ESTATE NUMBERS 00511220.000000,
00511220.000100 AND 00511220.000101
,W.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,
00511210.000000, 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 now real estate
❑umbers, 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 June 27,2003,
.unended 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:
There shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official [Land Use District
Addendum to June 27,2003 Letter of Understanding ?1te 1 of 4
(LUD)l 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)
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.
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 (RM ), 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
re-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 40245 was issued to relocate a ground-mounted sign. In the
permit file, the business is identified as"R&R Marine Inc.",a commercial retail use.
In 1982, Building Permit 4C1I551 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 4
After 1986, all subsequent permits indicate that the building was being utilized for
commercial retail use.
The 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 lawtir) nonconforming use.
Resolution #127-2012 requires the property owner to provide satisfactory evidence that the
existing use on the site also existed lawfaily 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 (#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 Bill 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 has 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 tees. 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
ipplication).
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
zt3erwards.
� P P
Addendum to June 27,2003 tatter 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 effect. 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)
f:alendar 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 ,
an,Planning&Development Review Manager
for
Fownsley Schwab,
Senior Director of Planning&Environmental Resources
CC: Mayte Santamaria,Assistant Director of Planning
lddendurn to June 27.2003 Letter of Understanding Pige 4 of 4
SOW U0/404A 1.4:yJ JU;J4U40LrJJ4
2798 Ova-3c,:fthway 4 Sp4m,DU Im
SWAM 4400 Mayor ft mn muff"tfdxm,Dismd 5
&ttradtaa,Ffoxi& Gaaw xCasamt Dwict 2
Vd=(M) Cbzdw'SoaW WACay,DEurirt 3
FAX, (SOS)269.2535 DvW P.Rice,Ciskid4
r z', -30 •�
tihf]r.JoWe Moore
178
o,FL 3M7
s LAW of U A Yr Pet Gfft=JU9 WId V"Ird"
Revised d Awmaded Fkt®f k4,JQft 1-5,M911 M20W i 9
9ikYddGK4YEAr9& XUP91. . I iisi0.a. .
06511230.000000
Dcar W.Moo",
This later is waddress issuea tha mwe ins Meeting that WaS held on Iwo 12,2003,in the Pl=Wtion Key
Planning D
Atmndees of dris meeting wwc John Moore ed to as Nhe apphowel and Jeff Shtncard,
Sanior Pl r 'to as Division).
ftms discussed at ft mce=&and fardw staff reseacb boo indicaW that the foHowing stawamts apply
to this project
1. Zhs site is congxmW of five(5)lot% of which three(3)are vwm zod am(2)bave an exixdng
strum"(963 square feet)that is curready opwWing as Larg+v Coin'
2. The FMAA Flood Map(Panel#0844G)sham all of the property to be in the`X'flood m
3. Thee current Men me County Land Use D dnct M,p indicates the pavd is Wcated m the ftMved
Subdivision(IS)Sand use dhMict,which allows residential ums"as of right". ' g low of
the pmperty as a Wandromm is not'penaitted under the curamt `1S' zoning. Under
rcguladons,tba use would be a]dowed to contamc opawhon as has beca the can for a mwdw of
years, but would be caasW&rad naacon*rming. Seetkm 9.5-143 of the Manym County LAnd
rkw1oprr at Regulations addressees noncoaformidp a>E stated below:
• ReloaQtiotr: A=ucturc in winch a nonconforming use is WAted mxy not be moved unl
use dortafta conforms to the limitations of tote muing.
• Change in Use:A nonconforming use shall not be changod mica the new un coafm=to the
proAPislonc of the xvunag.
• F,xtoolow. Noncoattbrtmng uses shad,noc be extcadad,enlargcd,or occupy additional NrA
Qads t of 2
Jul Vol 4044 1L.YJ JU:JY:JtUUJl
�s.�.iMY,. -•K7G VLIVL
'Me applicant stated that he has no intention of relocating or mdeveloping the sa udure. He also
tatrd his unda rstmndmg that she structum tmwj not be extended, enjwV d, or occupy additional
':and. R was conveyed to the applicant that the addition of outside kennels or peat fat:dw animals,
or a modification of tlw Mwtum to,allow such provisions gotta the inside would constitute a
zioladon of this clause. ?,'hs appliesait agreed to ftm intetprecatims and stated that the services
provided would be conducted only within the strueture itself. Yhs applicant's inteationa arc to
crave approximately 10 indoor"pens'for dogs and a separate room for a reception and gromming
'Ima. A "eathocW was also shown to be located in this portion of tba gtracture. It is staffs
understanding that this was not iuteaded as a brothel,but as an area far felim to board. Staff does
not view individual dog-wafldng on do outside preen set a violation of the above crittria
(occupying additiont lauds).
With that said, this proposal becomes a question of whether or not this is a cbmV of use. Staff
does not baHcm this to be the cane since a change of use must involve a gne&W intensity of use far
the new proposal. It is ataft's opinion tame dw in tcasity wil}be less for a bmmiA that it is fbr the
,�Xisttng laurrdtomat.
4. 31s existing building ctntttttly has sevarrai ton-, a parking areas ftt have been sufficient for
the currant busmew at this location. Per Monroe County Code(MCC)partdng requirenacab,three
(3)padIng spaces per 1,000 aSquara fvct of floor area is a'equired for the proposed use. Any future
use of the site would be required to provide ors(1)handicapped space wfth appropriate sirprage
and striping.The area in front of the st ucttrta already has a flat,paved surface with tmobstructed
access into the building
5. Any rcqumw for dsigrsage, or chs g= to the existing signage would be handled through a sepatift
application and review. Any applicable regulations with Sections" 404 through 95-405 of the
Monroe County Land Developvmt Regulations would have to be adhered to if changes in signp
are petitioned.
PurmuLm to Section 9.543 of the Monroe Co rrdy Code,you are to rely upon the represewbxtiolis set forth in
phis letter of understanding as accurate wider tlu r4gutationa c Teady in effect. However, the Plaanin&
Department acknowledges that all items required as part of the application for development approval may
jot have been addressed at the Jute 12, 2003 meeting, and consequently reserves the right for additional
delmunent comment
We trust that this infonrtation is of assistance. If you have any questions regarding the coatenrt of this
cart',or if tare maybe able to fwm Ar assist; with yam project;please ftel fro tocontact our of eat.
(305)289-2500.
SinPff�,y,
imothy Mc
Division D' Grog Management
Cc: Marlette Conaway,Director of Planning and Enviromner t d);sources
Enm fEgA Property Appraiser
eff Strnsamni,Senior Flattest
Ictry Buckley,Flamer
Niko Rtisinger,Biologist
?age 2 of 2
Exhibit 2
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 NONCONFORMITIES 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
Pagel 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
COMNIISSIONERS OF MONROE COUNTY FLORIDA:
Section 1.
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
BeneficialUse............................................................... $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............................ $8,484.00
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.W
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
Road Abandonment.........................................................$1,533.00
ROGO Application.........................................................$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 18tbday of Apri1 ,2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
OUNTY BOARD OF COUNTY COMMISSIONERS
23 �
L.KOLHAGE, CLERK
By
°• Clerk Mayor David Rice
94
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