Loading...
Item A4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 23, 2008 Division: Growth Management Bulk Item: Yes_ No X Department: Planning & Environmental Resource Staff Contact Person: Kathy Grasser, Comprehensive Planner AGENDA ITEM WORDING: A public hearing to consider transmittal of a resolution to the DCA at the request of Seafarer Resort, LLC proposing an ordinance to amend the subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC). ITEM BACKGROUND: The Planning Commission held a public hearing in Marathon on May 6, 2008 and based on the facts presented at the meeting, the Planning Commission recommended approval of the Future Land Use Map amendment application to the Board of County Commissioners. PREVIOUS RELEVANT COMMISSION ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATION: Approval TOTAL COST: N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes APPROVED BY: County Attorney BUDGETED: Yes No NIA SOURCE OF FUNDS: NIA No NSA AMOUNT PER MONTH: NIA Year DOCUMENTATION: Included X OMB / Purchasing Not Required. DISPOSITION: AGENDA ITEM # Risk Management BOCC TRANSMITTAL RESOLUTION Page 2 of 1 a RESOLUTION NO. -2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY SEAFARER RESORT, LLC TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE / COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS ISLAND OF KEY LARGO, PART LOT 10, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00091010.000000. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the future land use designation of the properties described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested future land use map designation change; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 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 proposed Future Land Use Map amendment. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of the second (2nd) set of comprehensive plan amendments for 2008 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes; and Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of 9J-11.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. Page 3 of 10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 23'd day of May, A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY APPRO ED AS OR>41 4 e: Page 4 of 10 BOCC ORDINANCE Page 5 of 10 ORDINANCE NO. -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY SEAFARER RESORT, LLC TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE / COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS ISLAND OF KEY LARGO, PART LOT 10, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00091010.000000. WHEREAS, during a special scheduled public meeting held on May 23, 2008, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by The Craig Company on behalf of Seafarer Resort, LLC, to amend the subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and §9.5-511 of the Monroe County Code; and WHEREAS, the subject property is located at 97684 Overseas Highway, Key Largo, approximate Mile Marker 97.6, and is legally described as ISLAND OF KEY LARGO PT LOTS 10, Monroe County, Florida, having Real Estate Number 00091010.000000; and WHEREAS, in the map amendment application to the Planning & Environmental Resources Department, received April 3, 2008, the Applicant requested that the Future Land Use Map (FLUM) designation of one (1) parcel identified as Real Estate Number 00091010.000000, be amended from Residential Low (RL) to Mixed Use / Commercial (MC); and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact: 1. The proposed Future Land Use Map (FLUM) designation of the subject property is Mixed Use / Commercial (MC). Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Mixed Use / Commercial (MC) land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Page 6 of 10 Employee housing and commercial apartments are also permitted. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non-residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited; and 2. §9.5-511(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and 3. Pursuant to §9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 4. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Conclusions of Law: L The proposed FLUM amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. b. Policy 101.4.2: The principal purpose of the Residential Low land use category is to provide for low -density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. In addition, Monroe County shall adopt Land Development Regulations which allow any other nonresidential use that was listed as a permitted use in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, Page 7 of 10 reestablish and/or substantially improve provided that the use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limit to what the pre-2010 LDR's allowed, whichever is more restricted. c. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states the principal purpose of the Mixed Use / Commercial land use district is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. d. Goal 102 of the Monroe County Year 2010 Comprehensive Plan maintains that Monroe County "shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. Future development would be required to comply with all Monroe County Code, State and Federal environmental regulations. e. Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan directs the County to encourage infill development where existing lands are already substantially developed, served by complete infrastructure facilities and within close proximity to established commercial areas and have few sensitive or significant environmental features. f. Objective 10 1. 11 of the Monroe County Year 2010 Comprehensive Plan, directs future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. g. Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan maintains the overall Level of Service for potable water is 100 gallons per person per day. 2. The map amendment is consistent with the provisions and intent of Chapter 9.5 of the Monroe County Code: a. MCC Section 9.5-511 prohibits any map amendments that would negatively impact community character. b. MCC Section 9.5-511(a) maintains the map amendment is not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions. Page 8 of 10 c. Changing the FLUM designation will not adversely affect natural resources. d. The proposed FLUM amendment may have an insignificant effect on traffic circulation. e. The proposed FLUM amendment may have an insignificant effect on affect solid waste. f. The proposed FLUM amendment may have an insignificant effect on potable water. g. Staff has determined that the proposed map FLUM amendment is consistent with MCC Sec. 9.5-511(d)(5)b: (i) Changed projections, (ii) Changed assumptions (vi) Recognition of a need for additional detail or comprehensiveness. 3. The proposed map amendment shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan as directed by §9.5-511(a) of the Monroe County Code; and 4. The proposed map amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, Planning & Environmental Resources Department Staff has found that all of the required standards are met and recommends approval of the application; and WHEREAS, the Monroe County Planning Commission held a public hearing in Marathon on May b, 2008 and based on the facts presented at the meeting, the Planning Commission recommended approval of the request; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section I. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently designated Residential Low (RL) shall be designated Mixed Use / Commercial (MC) as shown on the attached maps, which are hereby incorporated by reference and attached as Exhibit 1 and 2. Page 9 of 10 Section3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section S. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section b. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 23rd day of May A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor McCoy MONROE COUNTY ATTORNEY APPR EO AEff ORAA ;o Page 10 of 10 Exhibit 1 to Ordinance# -2008 The Monroe County Future Land Use District Map is amended as indicated above. RE 00091010-000000 - Change Future Land Use Map Designation N from Residential Low (RL) to Mixed Use/Commercial (MC). A k•. !� y qpi e g F� 3 i �� m g K41 p rt �v '} t ,'t,J ' ewe' � ` �•y, �' _ :r 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENviRONMENTAL RESOURCES DEPARTMENT We strive to be raring, professional and fair To: Monroe County Board of County Commissioners Through: Townsley Schwab, Acting Director of Environmental. and Planning Resources -or From: Kathy Grasser, Comprehensive Planner/,( Date: May 7, 2008 J Subject: Request for an Amendment to the Future Land Use Map for Seafarer Resort, LLC, Key Largo, Mile Marker 97.6, Real Estate Number 00091010.000000 Meeting Date: May 23, 2008 I REQUEST A request by the Craig Company for Seafarer Resort, LLC., to amend the Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC). �1CtiR � R L, M C SUBJECT PARCEL Existing Future Land Use Map R C, CC' A. Address: 97684 Overseas Highway, Key Largo, Mile Marker 97.6 B. Legal Description: Part Lot 10, Key Largo C. Real Estate Number(s): 00091010.000000 D. Applicant/Petitioner: Craig Company E. Property Owner: Seafarer Resort, LLC. Page 1 of 10 Reviewed by 1 II PROCESS 2 3 Amendments to the FLUM. may be proposed by the Board of County Commissioners 4 (BOCC), the Planning Commission, the Director of Planning, or the owner or other person 5 having a contractual interest in property to be affected by a proposed amendment. The 6 Director of Planning shall review and process map amendment applications as they are 7 received and pass them on to the Development Review Committee and the Planning 8 Commission for recommendation and final approval by the BOCC. 9 10 The Planning Commission and the BOCC shall each hold at least one public hearing on a 11 proposed amendment. The Planning Commission shall review the application, the reports 12 and recommendations of the Department of Planning & Environmental Resources and the 13 Development Review Committee, and the testimony given at the public hearing, and shall 14 submit its recommendations and findings to the BOCC. The BOCC shall consider the report 15 and recommendation of and the testimony given at the public hearings and may either deny 16 the application or adopt a resolution transmitting the proposed amendment. Ordinances are 17 then reviewed by the Florida Department of Community Affairs and returned to the County 18 with objections, rejections and comments to be considered prior to adoption of the ordinance. 19 Then, an adoption hearing is scheduled for the BOCC. 20 21 III RELEVANT PRIOR COUNTY ACTIONS 22 23 This property is not platted. The property was given a Future Land Use Map (FLUM) 24 designation of Residential Low (RL) in 1997 when the FLUM was adopted. 25 26 IV BACKGROUND INFORMATION 27 28 A. Size of Site: 29 RE: # 00091010.000000: 46,174 Ft2 30 B. Tier Designation: Tier III 31 C. Flood Zone: X, AE & VE 32 D. Existing Use: Developed (Seafarer Resort Motel and Dive Center) 33 E. Existing Vegetation / Habitat: Cleared 34 F. Community Character of Immediate Vicinity: Mixed use: Residential and 35 Commercial Retail 36 37 38 39 V REVIEW OF APPLICATION 40 41 A. Consistency of the proposed amendment with the provisions and intent of the Monroe 42 County Year 2010 Comprehensive Plan: 43 44 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan 45 that directly pertain to the proposed amendments include: 46 Page 2 of 10 Reviewed by 1 • 3. 1: Future Land Use 2 3 Goal 10 1: Monroe County shall manage future growth to enhance the quality of life, 4 ensure the safety of County residents and visitors, and protect valuable natural 5 resources. 6 7 Objective 101.4: Monroe County shall regulate future development and 8 redevelopment to maintain the character of the community and protect the natural 9 resources by providing for the compatible distribution of land uses consistent with the 10 designations shown on the Future Land Use Map. 11 12 Policy 101.4.2: The principal purpose of the Residential Law land use category is to 13 provide for low -density residential development in partially developed areas with 14 substantial native vegetation. Low intensity public and low intensity institutional uses 15 are also allowed. In addition, Monroe County shall adopt Land Development 16 Regulations which allow any other nonresidential use that was listed as a permitted 17 use in the Land Development Regulations that were in effect immediately prior to the 18 institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully 19 existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or 20 substantially improve provided that the use is limited in intensity, floor area, density 21 and to the type of use that existed on January 4, 1996 or limit to what the pre-2010 22 LDR's allowed, whichever is more restricted. 23 24 Policy 101.4.5: The principal purpose of the Mixed Use / Commercial land use 25 category is to provide for the establishment of commercial zoning districts where 26 various types of commercial retail and office may be permitted at intensities which 27 are consistent with the community character and the natural environment. Employee 28 housing and commercial apartments are also permitted. 29 30 Staff has determined the proposed map amendment is consistent with the provisions and 31 intent of the Monroe County Year 2010 Comprehensive Plan. 32 33 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of 34 the Monroe County Code, Land Development Regulations: 35 36 In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC has used criteria specified 37 therein for the adoption of an ordinance enacting the proposed change based on one (1) or 38 more of the following factors: 39 40 i. Changed projections (e.g., regarding public service needs) from those on which the 41 text or boundary was based; 42 43 Applicant: No comment. 44 45 Staff The primary purpose of the Mixed Use / Commercial (MC) designation is 46 stated in the Monroe County Year 2010 Comprehensive Plan Policy 101.4.5 "to Page 3 of 10 Reviewed by I provide for the establishment of commercial zoning districts where various types of 2 commercial retail and office may be permitted at intensities which are consistent 3 with the community character and the natural environment." The Seafarer Resort 4 Motel and Dive Center is listed in Table 6 of the Key Largo Livable CommuniKeys 5 Plan (KLLCP) as a "Water Related and Water Dependent Commercial Uses". The 6 Plan also states "water -dependent uses include marinas, commercial fishing, boat 7 launching facilities and beaches." The proposed FLUM amendment to MC will 8 allow this parcel to be developed to the highest and best use according to both the 9 Monroe County Year 2010 Comprehensive Plan and the KLLCP. 10 11 Staff has determined the proposed map amendment is in accordance with MCC 12 Section 9.5-511(d)(5)b(i) Changed Projections. 13 14 ii. Changed assumptions (e.g., regarding demographic trends); 15 16 Applicant: During the community discussion phase of the formulation of the Key 17 Largo Livable CommuniKeys Plan (KLLCP), a future land use map designation of 18 Mixed Use (MU) was supported as conforming to the existing conditions of the 19 developed area. This support is reflected in the letter of understanding issued by 20 Monroe County dated August 23, 2006 attached to the application as an exhibit, 21 which included an interim future land use map product that indicated an overlay of 22 Mixed Use, not the Residential Low (RL), which as since been confirmed, again, by 23 Monroe County. 24 25 As stated in an initial Monroe County Planning Department Staff report dated July 26 10, 2000, the Livable CommuniKeys is the local planning initiative of the Monroe 27 County Planning Commission and the Planning and Environmental Resources 28 Department. Livable CommuniKeys will allow the Planning Department to refocus 29 efforts away from making incremental changes to the Future Land Use map..." 30 Apparently as a result of the community discussion phase, a list was compiled of 31 proposed changes to the FLUM — the Riptide property was included — and the list had 32 yet to be processed by Staff and the KLLCP and accompanying maps were approved 33 by the Board of County Commissioners, and forwarded to DCA. 34 35 Staff 36 The Letter of Understanding and Letter of Development Rights Determination 37 documentation, dated August 23, 2006, were not included in the application packet. 38 The property is on the list of proposed amendments, but no action has been taken. 39 40 Staff has determined that according to the KLLCP, this property was to be considered 41 for a FLUM change. The proposed map amendment is in accordance with MCC 42 Section 9.5-51 l(d)(5)b(ii) Changed assumptions. 43 44 iii. Data errors, including errors in mapping, vegetative types and natural features 45 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan; 46 Page 4 of 10 Reviewed by I Applicant: A FLUM overlay of Residential Low provides no support for the existing 2 uses on property. 3 4 Staff., Staff has determined the proposed map amendment is not in accordance with 5 MCC Section 9.5-511(d)(5)b(iii) Changed errors. 6 7 iv. New issues; 8 9 Staff: None 10 11 v. Recognition of a need for additional detail or comprehensiveness; 12 13 Applicant: Policy 101.4.5 of the Monroe County 2010 Comprehensive Plan states 14 that the principle use of the Mixed Use / Commercial (MC) land use category is to 15 provide for the establishment of commercial zoning districts which are consistent 16 with the community character and natural environment. The draft KLLCP and 17 Objective 10 1. 11 of the Comprehensive Plan also clearly support measures to direct 18 future growth away from environmentally sensitive land and towards established 19 developed areas served by existing public facilities. The subject property is scarified, 20 with 46 transient residential unit entitlements recognized by the Monroe County 21 Planning Department, served with curb cuts directly off the US Highway 1 and 22 surrounded by commercially developed properties. 23 24 Goal One of the Master Plan states that "Existing uses on parcels that were 25 previously down -zoned are generally non -conforming. It is appropriate to re-evaluate 26 these parcels and uses on a case -by -case basis and restore commercial status where 27 appropriate... the character of the entire "block" is reviewed and analyzed when 28 reviewing Land Use Map District change requests — the entire block must be 29 commercial developed to be considered for commercial rezoning," Furthermore, 30 Goal Six of the Master Plan "Encourages the redevelopment and infill development 31 that supports and enhances the tourist based economy of the planning area" and when 32 Goal Six speaks to recognizing water -dependent and water -related commercial uses 33 as a source of economic sustainability — The Seafarer is listed as water related 34 economically enhanced. 35 36 Staff. As stated in Goal One of the KLLCP "due to some interim changes in the Land 37 Use District Map during adoption of the Comprehensive Plan, that map was reviewed 38 for consistency with the FLUM." Requests were received for the county to 39 recommend changes in the land use districts using the criteria found in Goal One 40 including: 41 • Site must comply with minimum district requirements to rezone new 42 designation; 43 • The character of the entire block is reviewed and analyzed when reviewing 44 Land Use Map District changes. The entire block must be commercially 45 developed to be considered for a commercial rezoning. 46 Page 5 of 10 Reviewed by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The applicant is proposing a FLUM change from RL future land use designation to MC future land use designation. The parcels surrounding the subject parcel have FLUM designations of RH, RL and MC. This change will allow the parcel to better conform to neighboring sites. Staff has determined the proposed amendment is in accordance with MCC Section 9.5-511(d)(5)b(v) Recognition of a need for additional detail or comprehensiveness. vi. Data updates: Staff: None Staff has determined the proposed FLUM amendment is consistent with the following provisions and intent of Sec. 9.5-511(d)(5)b of the Monroe County Code, Land Development Regulations: (i) Changed projections, (ii) Changed assumptions and (vi) Recognition of a need for additional detail or comprehensiveness. C. Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern: (a) To establish a land use management system that protects the natural environment of the Florida Keys. Staff finds the proposed FLUM amendment consistent. (b) To establish a land use management system that conserves and promotes the community character of the Florida Keys. Staff finds the proposed FLUM amendment consistent. (c) To establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services. Staff finds the proposed FLUM amendment consistent. (d) To provide for affordable housing in close proximity to places of employment in the Florida Keys. Unknown. (e) To establish a land use management system that promotes and supports a diverse and sound economic base. Staff finds the proposed FLUM amendment consistent. Page 6 of 10 Reviewed by. I 2 (f) To protect the constitutional rights of property owners to own, use, and dispose of 3 their real property. 4 5 Staff finds the proposed FLUM amendment consistent. 6 7 (g) To promote coordination and efficiency among governmental agencies with 8 permitting jurisdiction over land use activities in the Florida Keys. 9 10 Staff finds the proposed FLUM amendment consistent. 11 12 D. Goals, Strategies and Action Items from the Key Largo Master Plan that directly pertain to 13 the proposed FL UM amendment: 14 15 Goal One of the KLLCP states "To direct growth to lands that are most suitable for 16 development and encourage preservation of environmental sensitive lands." 17 18 Goal One, Strategy 1.3 states "continue to utilize the Land Use District Map and 19 supporting FLUM to regulate land use type, density and intensity on individual parcels 20 within the planning area." 21 22 Action Item 1.3.1 states to "continue to use the FLUM and Land Use District 23 Maps to regulate development of individual parcels with respect to density, 24 intensity, bulk regulations, and all other land development regulation." 25 26 Goal Seven of the KLLCP states "recognize water -dependent and water -related 27 commercial uses as an important source of economic sustainability within the planning 28 area." 29 30 The KLLCP also maintains "Water -dependent uses include marinas, commercial fishing, 31 boat launching facilities and beaches (Table 6)." The Seafarer Resort and Dive Center is 32 listed in Table 6 of the KLLCP. 33 34 Action Item 7.1.9 states "Water -related, water -dependent and commercial 35 businesses enhanced by their location on the water are of vital economic and 36 cultural importance to Key Largo and are to be protected and enhanced through 37 amendment of the Land Development Regulations including the development and 38 adoption of flexible design standards aimed at retaining traditional waterfront 39 businesses to promote function, water access and over -water views. Flexibility in 40 nonconforming uses/structure standards, setbacks, parking, buffers, landscaping 41 and other bulk regulations may be adopted to retain waterfront character and 42 function while providing for basic safety, stormwater handling, flood protection 43 and other concerns." 44 45 Staff has determined the proposed map amendment is consistent with Goal One (1) 46 and Goal Seven (7) of the Key Largo Livable CommuniKeys Plan (KLLCP). Page 7 of 10 Reviewed by 2 E. Impact on Community Character: 3 4 Applicant: "In no event shall an amendment be approved which will result in an adverse 5 community change of the planning area in which the proposed development is located." 6 7 The proposed FLUM change will not result in an adverse community change of the 8 planning area in which the proposed development is located; conversely, it will serve to 9 augment a cohesive overlay of the existing uses in the immediate area, and clearly is being 10 requested to achieve conformance with the goals and objectives of the Key Largo 11 Community Master Plan. 12 13 Staff: §9.5-51 l(a) of the Monroe County Code maintains that map amendments are not 14 intended to permit a change in community character, as analyzed in Monroe County Year 15 2010 Comprehensive Plan. Staff has determined the proposed FLUM designation of MC 16 will not change community character based on the following analysis. 17 18 (a) Local Use Compatibility 19 The adjacent subject parcels have FLUM designations of RH and MC. This 20 change will allow the parcel to better conform to the neighboring sites. 21 22 Staff has determined the proposed FLUM designation of MC is compatible with 23 the surrounding land uses. 24 25 (b) Density and Intensity 26 The subject property is 47,174 ft in size. 27 28 Currently, the FLUM of RL support 0.25 — 0.50 market rate dwelling units per 29 acre, a maximum net density per buildable acre of five (5) dwelling units and has 30 a floor area ratio from 0.20 to 0.25. 31 32 The proposed FLUM amendment of MC supports up to six (6) dwelling units per 33 acre and a maximum net density of eighteen (18) dwelling units per buildable 34 acre with a commercial floor area ratio of 0.10 to 0.45 and up to fifteen (15) 35 rooms per acre and up to 25 rooms per buildable acre. This is consistent with the 36 surrounding community character. 37 38 (c) Local Traffic and Parking 39 Local roads are already in place and have been well maintained. Adverse impacts 40 on the existing road conditions are not expected to change if the FLUM 41 designation changes from Residential Low (RL) to Mixed use r Commercial 42 (MC). 43 44 (d) Effects on Natural Resources 45 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall 46 direct future growth to lands which are intrinsically most suitable for development Page 8 of 10 Reviewed by I and shall encourage conservation and protection of environmentally sensitive 2 lands. Future development would be required to comply with all Monroe County 3 Code, State and Federal environmental regulations. 4 5 The property is in between two developed lots. Because the subject property 6 consists of cleared developed lots, no additional clearing is anticipated for the 7 proposed development. Effects on natural resources are not anticipated. 8 9 (e) Effects on Public Facilities 10 Objective 10 1. 11 of the Monroe County Year 2010 Comprehensive Plan requires 11 the County to direct future growth away from environmentally sensitive land and 12 towards established development areas served by existing public facilities. The 13 proposed FLUM amendment will not affect Objective 101.11 and will encourage 14 commercial development to remain on disturbed lands rather than encroaching on 15 environmentally sensitive area. 16 17 (1) Traffic Circulation 18 U.S. Highway No. 1 is required to maintain a level of service (LOS) of "C" in 19 order to support additional development. The 2007 U. S. 1 Arterial Travel Time 20 and Delay Study for Monroe County indicates a LOS of "A" from Ocean 21 Boulevard to Atlantic Boulevard (MM 91.5 to MM 99.5). 22 23 (g) Solid Waste 24 Monroe County has a solid waste haul out contract with Waste Management Inc., 25 which authorizes the use of in -state facilities through September 20, 2016, thereby 26 providing the County with approximately ten (10) years of guaranteed capacity. 27 The proposed FLUM amendment may affect solid waste, but not significantly. 28 29 (h) Potable Water 30 In 2002, South Florida Water Management District approved an increase in 31 Florida Keys Aqueduct Authority's Water Use Permit. Monroe County's Public 32 Facilities Capacity Assessment Report indicates there are over 100 gallons of 33 water available per person per day. The 100 gallons per person per day standard 34 is commonly accepted as appropriate and is reflected in Policy 701.1.1 of the 35 Monroe County Year 2010 Comprehensive Plan. The proposed FLUM 36 amendment may affect potable water, but not significantly. 37 38 (i) Stormwater 39 The subject property, although in Tier 111, is scarified and has been developed. 40 MCC Section 9.5-293 requires that all developments retain sormwater on site 41 following Best Management Practices (BMP's). 42 43 6) Effects on Redevelopment/Infill Potential: 44 Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan directs 45 the County to encourage infill development where existing lands are already 46 substantially developed, served by complete infrastructure facilities and within Page 9 of 10 Reviewed by _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 close proximity to established commercial areas and have few sensitive or significant environmental features. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will encourage infill development to remain on already existing developed land. VI FINDINGS OF FACT 1. The subject parcel is already cleared and developed. 2. The subject parcel was given the FLUM designation of RL in 1997 when the FLUM was adopted. The RL designation is consistent with the current land use district of SR. 3. Parcels adjacent to the subject parcel have FLUM designations of RH and MC. 4. Changing the FLUM designation from RL to MC will not constitute a change in community character. 5. Changing the FLUM designation to MC is compatible with the surrounding land uses. 6. The proposed FLUM designation to MC will not be affected by the working waterfront IDO. VII CONCLUSIONS OF LAW 1. Based on the above analysis and findings of fact, the proposed change from RH to MC is consistent with the Monroe County Year 2010 Comprehensive Plan, the Principles for Guiding Development, the current Monroe County Code and the KLLCP. VIII RECOMMENDATION Staff recommends approval. Page 10 of 10 Reviewed by