Item R2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending the Land Use District (Zoning)
Map by establishing the boundaries of a new overlay district, entitled the Rockland Key Commercial Retail Center
Overlay District, on property having a legal description of parcels of land in Part of Government Lot 7, Section 21,
Township 67 South, Range 26 East and having real estate (RE) numbers 00122070.000200, 00122070.000201,
00122070.000400, 00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300, 00122080.000303 and
00122080.000304.
ITEM BACKGROUND:
A private applicant is proposing this Ordinance to create an overlay district on the land use district (zoning) map. The
applicant is also proposing a text amendment to establish the new overlay district, the Rockland Key Commercial Retail
Center Overlay District, with the regulations to be set forth in a new MCC Sec. 130-131 (which will be considered on
April 17, 2013 at the second of two public hearings).
As proposed, the overlay district would be available for property owners on Rockland Key, which, at this time, is
predominately within an Industrial (I) district. Affected properties would maintain their underlying existing land use
(zoning) district designations. An overlay district is an area where certain additional or different requirements are
superimposed upon an underlying land use (zoning) district. Requirements of, and regulations related to, the base or
underlying district may or may not be altered. The purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the community.
This item was reviewed by the DRC on November 13, 2012. At the meeting, staff and the Committee suggested several
revisions to the initial draft of a related text amendment submitted with the application. No comments were made in
relation to the boundary of the proposed overlay.
This item was reviewed by the Planning Commission on November 28, 2012. At the meeting, staff and the Commission
suggested several revisions to the initial draft of a related text amendment submitted with the application. No comments
were made in relation to the boundary of the proposed overlay.
PREVIOUS RELEVANT BOCC ACTION:
January 16, 2013 — BOCC held the first of two public hearings on the companion text amendment.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Staff recommends approval if the related text amendment application is approved.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty x
_ SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required__
DISPOSITION: AGENDA ITEM #
F T'- r
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: April 2, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING AN AMENDMENT TO THE LAND USE
DISTRICT MAP TO ESTABLISH THE BOUNDARIES OF THE ROCKLAND
KEY COMMERCIAL RETAIL CENTER OVERLAY DISTRICT, AS DESCRIBED
IN SECTION 130-131 OF THE MONROE COUNTY CODE, FOR PROPERTY
LEGALLY DESCRIBED AS PARCELS OF LAND IN PART OF GOVERNMENT
LOT 7, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND
KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS
00122070.000200, 00122070.000201, 00122070.000400, 00122070.000500,
00122070.000600, 00122080.000200, 00122080.000300, 00122080.000303 AND
00122080.000304.
Meeting: April 17, 2013
2 I REQUEST
3
4 A private applicant, represented by Trepanier & Associates, Inc., is proposing amendments to the
5 Monroe County Official Land Use District Map. The amendment would establish the boundaries
6 of a new overlay district: the Rockland Key Commercial Retail Center Overlay District. The
7 regulations associated with the overlay district would be set forth in a new section of the Land
8 Development Code, MCC §130-131.
9
10 Affected properties would maintain their underlying existing land use (zoning) district
11 designations.
12
13 An overlay district is an area where certain additional requirements are superimposed upon an
14 underlying land use (zoning) district. Requirements of, and regulations related to, the base or
15 underlying district may or may not be altered. The purpose of the proposed overlay district is to
16 address special land use circumstances of Rockland Key and the Lower Keys related to the
17 commercial retail needs of the community.
18
18 Location:
21 Address: Overseas Highway (US 1), Rockland Key, mile marker 9 (Gulf of Mexico side of
33 US 1)
Page 1 of 6 (File #2012-142) Rockland Overlay Map Amendment April 17, 2013 Public Hearing
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Legal Description: Parcels of Land in Part of Government Lot 7, Section 21, Township 67
South, Range 26 East (metes and bounds, see File #2012-142)
Real Estate (RE) Numbers: 00122070.000200, 00122070.000201, 00122070.000400,
00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300,
00122080.000303 and 00122080.000304
Applicant:
Owners: Several - see File #2012-142.
Agent: Trepanier & Associates, Inc.
II RELEVANT PRIOR COUNTY ACTIONS:
In 1986, as part of a county -wide rezoning, the land use district designation of the subject
property was amended to Industrial (I).
In 1997, the subject property was given a Future Land Use Map (FLUM) designation of
Industrial (I) with the adoption of the future land use maps.
This item was reviewed by the Development Review Committee on November 13, 2012. At the
meeting, staff and the Committee suggested several revisions to the initial draft of a related text
Page 2 of 6 (File #2012-142) Rockland Overlay Map Amendment April 17, 2013 Public Hearing
I amendment submitted with the application. No comments were made in relation to the boundary
2 of the proposed overlay.
3
4 This item was reviewed by the Planning Commission on November 28, 2012. At the meeting,
5 staff and the Commission suggested several revisions to the initial draft of a related text
6 amendment submitted with the application. No comments were made in relation to the boundary
7 of the proposed overlay.
8
9 Note: The applicant submitted an additional request for a text amendment to establish the overlay
10 district within the Land Development Code. The text amendment application (Planning
11 Department File #2011-094) is being reviewed concurrently with this map amendment
12 application. Any approval of this map amendment is contingent on the BOCC first approving
13 the text amendment to create the overlay district.
14
15 III BACKGROUND INFORMATION
16
17 A. Size of Site: approx. 33 acres
18 B. Land Use (Zoning) District: Industrial (I)
19 C. Future Land Use Map (FLUM) Designation: Industrial (I)
20 D. Tier Designation: Tier 3
21 E. Flood Zone: Predominately AE — EL 10 with areas of VE- EL 12 and VE — EL 14 along the
22 shoreline
23 F. Existing Use: Light and Heavy Industrial
24 G. Existing Vegetation / Habitat: Predominately scarified, developed land
25 H. Community Character of Immediate Vicinity: Mixed Use: Light, Heavy Industrial and
26 Public
27 I. Other: Within Military Installation Area of Impact (MIAI) boundary
28
29 IV REVIEW OF APPLICATION
30
31 Criteria:
32
33 In order to be approved, a map amendment must be consistent with the provisions of §102-
34 158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those on which
35 the text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3.
36 Data errors, including errors in mapping, vegetative types and natural features described in
37 volume I of the plan; 4. New issues; 5. Recognition of a need for additional detail or
38 comprehensiveness; or 6. Data updates.
39
40 While MCC §102-158(d)(5)(b) provides criteria for map amendments, the County must also
41 ensure that proposed amendments further the objectives, policies, land uses, densities/intensities
42 and level of service standards in the comprehensive plan. As a designated Area of Critical State
43 Concern (ACSC), pursuant to Sections 380.05 and 380.0552, F.S., the County's land
44 development regulations must be consistent with Principles for Guiding Development (PGD).
45 The County must balance all the PGDs and ensure that land development regulations are
46 consistent with and implement the comprehensive plan.
Page 3 of 6 (File #2012-142) Rockland Overlay Map Amendment April 17, 2013 Public Hearing
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Analysis:
An overlay district is an area where certain additional requirements are superimposed upon an
underlying land use (zoning) district. The underlying land use district designation of Industrial
(I) and the FLUM designation of Industrial (I) shall remain in effect.
Note: Additional data and analysis is provided in the staff report for the text amendment
application that establishes the overlay district. The text amendment application (Planning
Department File #2011-094) is being reviewed concurrently with this map amendment
application.
A. Consistency of the proposed amendment with the provisions and intent of the Monroe County
Comprehensive Plan:
Staff has determined that the proposed map amendment is not inconsistent with the
provisions and intent of the Year 2010 Comprehensive Plan.
The applicant is not proposing an amendment to the FLUM designation of Industrial (I).
Policies from the 2010 Comprehensive Plan that directly pertain to the proposed amendment
include:
Policy 101.4.7: The principal purpose of the Industrial land use category is to provide for the
development of industrial, manufacturing, and warehouse and distribution uses. Other
commercial, public, residential, and commercial fishing -related uses are also allowed.
Policy 101.4.21: Monroe County hereby adopts the following density and intensity standards
for the future land use categories, which are shown on the Future Land Use Map and
described in Policies 101.4.1 - 101.4.17:
Future Land Use Densities and Intensities
Future Land Use Category
And Corresponding Zoning
Allocated Density
(per acre)
Maximum Net
Density
(per buildable acre
Maximum
Intensity
floor area ratio
Industrial (I)
I and MI zoning)
1 du
0 rooms/spaces
2 du
N/A
0.25-0.60
B. Consistency of the proposed amendment with the provisions and intent of the Monroe County
Code, Land Development Code:
In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text
or boundary was based:
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The applicant has asserted that there are changed projections related to the public service
needs of residents of the Lower Keys. Additional data and analysis is provided in the
staff report for the text amendment application that establishes the overlay district. The
text amendment application (Planning Department File #2011-094) is being reviewed
concurrently with this map amendment application.
2. Changed assumptions (e.g., regarding demographic trends):
Staff has not identified any changed assumptions that would necessitate the establishment
of the proposed overlay district.
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume 1 of the Year 2010 Comprehensive Plan:
Staff has not identified any data errors that would necessitate the establishment of the
proposed overlay district.
4. New issues:
If the corresponding text amendment creating the overlay district is approved, its
application to specific properties would be a new issue. Additional data and analysis is
provided in the staff report for the text amendment application that establishes the
overlay district. The text amendment application (Planning Department File #2011-094)
is being reviewed concurrently with this map amendment application.
5. Recognition of a need for additional detail or comprehensiveness:
Staff has not identified any recognition of a need for additional detail or
comprehensiveness that would necessitate the establishment of the proposed overlay
district.
6. Data updates:
Staff has not identified any data updates that would necessitate the establishment of the
proposed overlay district.
Impact on Community Character:
MCC §102-158 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 the Year 2010 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions.
As the uses and land use intensities for the overlay district are consistent with the subject
property's future land use map category of Industrial (I), application of the proposed overlay
Page 5 of 6 (File #2012-142) Rockland Overlay Map Amendment April 17, 2013 Public Hearing
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district on the subject property would not adversely impact community character as
envisioned by the comprehensive plan.
Consistency of the proposed amendment with the Principles for Guiding Development
The proposed amendment would not be inconsistent with any of the principles for guiding
development.
V RECOMMENDATION
Staff recommends that the Board of County Commissioners amend the Land Use District Map
with staff s recommended changes in the associated text amendment application.
Page 6 of 6 (File #2012-142) Rockland Overlay Map Amendment April 17, 2013 Public Hearing
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN AMENDMENT
TO THE LAND USE DISTRICT MAP TO ESTABLISH THE
BOUNDARIES OF THE ROCKLAND KEY COMMERCIAL
RETAIL CENTER OVERLAY DISTRICT, AS DESCRIBED IN
SECTION 130-131 OF THE MONROE COUNTY CODE, FOR
PROPERTY LEGALLY DESCRIBED AS PARCELS OF LAND IN
PART OF GOVERNMENT LOT 7, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, ROCKLAND KEY, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS
00122070.0002009 00122070.0002019 00122070.0004009
00122070.0005009 00122070.0006009 00122080.0002009
00122080.0003009 00122080.000303 AND 00122080.000304;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
AMENDMENT TO THE LAND USE DISTRICT MAP;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Trepanier & Associates, Inc., on behalf of several property owners, filed an
application for an amendment to the Monroe County Land Use District Map to establish the
boundaries of a new overlay district, the Rockland Key Commercial Retail Center Overlay
District; and
WHEREAS, the subject property is located along a northern segment of the Overseas Highway
(US 1) on Rockland Key, approximate Mile Marker 9, and is legally described as parcels of land
in part of Government Lot 7, Section 21, Township 67 South, Range 26 East, Monroe County,
Florida, having real estate numbers 00122070.000200, 00122070.000201, 00122070.000400,
00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300, 00122080.000303
and 00122080.000304; and
Page 1 of 5
WHEREAS, through a separate text amendment process, the land development regulations
associated with the overlay district are set forth in a new section of the Monroe County Code
(MCC), Section 130-131; and
WHEREAS, this map amendment application is contingent on approval and codification of the
associated text amendment application which establishes the Rockland Key Commercial Retail
Overlay District and its accompanying regulations within the Monroe County Code; and
WHEREAS, the purpose of the overlay district is to address special land use circumstances of
Rockland Key and the Lower Keys related to the commercial retail needs of the community; and
WHEREAS, affected properties would maintain their underlying existing land use (zoning)
district designations; and
WHEREAS, during a regularly scheduled meeting held on November 13, 2012, the Monroe
County Development Review Committee reviewed the ordinance and the Chair recommended
denial to the Board of County Commissioners unless revisions were carried out as discussed at
the Development Review Committee meeting; and
WHEREAS, during a regularly scheduled public hearing held on November 28, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, based upon the information and documentation submitted, the Board makes the
following Findings of Fact:
1. In 1986, as part of a county -wide rezoning, the land use district designation of the majority of
the subject property was amended to Industrial (I). A small portion of the subject property
along the western boundary was amended to Native Area (NA);
2. In 1997, a majority of the subject property was given a Future Land Use Map (FLUM)
designation of Industrial (I) with the final adoption of the future land use maps. A small
portion of the subject property along the western boundary was designation Residential
Conservation (RC);
3. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the provisions and intent of the Monroe County Comprehensive Plan;
4. MCC Sec. 102-158 states 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 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions; and
5. MCC Sec. 102-158(d)(5)(b) of the Monroe County Code provides that one or more of the
following criteria must be met for a map amendment:
Page 2 of 5
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan;
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness;
f. Data updates;
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
6. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
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 Board makes the
following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts shall not
be affected by this application;
b. The Rockland Key Commercial Retail Center Overlay District is consistent with the
purposes of the Industrial (I) and Native Area (NA) Land Use Districts, as set forth in
MCC Sec. 130-33 and Sec. 130-39;
c. The Rockland Key Commercial Retail Center Overlay District is consistent with the
densities and intensities of the Industrial (I) and Native Area (NA) Land Use Districts, as
set forth in §130-57, §130-62 and §130-64 of the Monroe County Code;
d. As required by §102-158 of the Monroe County Code, the proposed map amendment
does 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;
e. The proposed map amendment sets forth additional detail and a more comprehensive
policy framework for the uses and regulations of the mapped sub -area and meets the
criteria in MCC Sec. 102-158(d)(5)b.5;
f. The proposed map amendment recognizes the change in assumptions regarding
demographic trends and community needs;
2. The proposed map amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
correspond, respectively, to the Future Land Use Map (FLUM) designations of Industrial
(I) and Residential Conservation (RC) as set forth in Policy 101.4.21 of the Monroe
County Year 2010 Comprehensive Plan;
Page 3 of 5
b. The Rockland Key Commercial Retail Center Overlay District is consistent with the
purposes of the Industrial (I) and Residential Conservation (RC) Future Land Use Map
(FLUM) designations, as set forth in Policies 101.4.7 and 101.4.1 of the Monroe County
Year 2010 Comprehensive Plan;
c. The Rockland Key Commercial Retail Center Overlay District is consistent with the
densities and intensities of the Industrial (I) and Residential Conservation (RC) Future
Land Use Map (FLUM) designations, as set forth in Policy 101.4.21 of the Monroe
County Year 2010 Comprehensive Plan;
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1.
The Board specifically adopts the fmdings of fact and conclusions of law stated above.
Section 2.
The previously described property shall be designated as the Rockland Key Commercial Retail
Center Overlay District as shown on the attached map, which is hereby incorporated by reference
and attached as Exhibit 1.
Section 3. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 4. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or county law, rule code or regulation, the more restrictive shall
apply.
Section 5. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 6. Filing.
Page 4 of 5
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
Land Planning Agency or Administration Commission approving the ordinance, and if the final
order is challenged, until the challenge to the order is resolved pursuant to Chapter 120 of the
Florida Statutes.
Section 7. Inclusion on the Monroe County Code's Official Land Use District Man.
The provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 8. Application.
This ordinance applies to any relevant application submitted after the effective date.
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of .92013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
I:
By
Deputy Clerk Mayor George Neugent
Page 5 of 5
MONROE ,aNTY ATTORNEY
PR V AS TO FORM
Date: 2
Rockland Key Overlay District
Proposal: Monroe County Landuse District overly covering
nine parcels on Rockland Key (34.8 acres)
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC 21-12
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
DENIAL OF THE REQUEST BY TREPANIER & ASSOCIATES
INC. FOR AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO THE LAND USE DISTRICT MAP TO
ESTABLISH THE BOUNDARIES OF THE ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT, AS
DESCRIBED IN SECTION 130-131 OF THE MONROE
COUNTY CODE, FOR PROPERTY LEGALLY DESCRIBED
AS PARCELS OF LAND IN PART OF GOVERNMENT LOT 7,
SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST,
ROCKLAND KEY, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS 00122070.000200,
00122070.000201, 00122070.000400, 00122070.000500,
00122070.000600, 00122080.000200, 00122080.000300,
00122080.000303 AND 00122080.000304.
WHEREAS, during a scheduled meeting held on November 13, 2012, the Development
Review Committee (DRC) of Monroe County conducted a review and consideration of a request
filed by Trepanier & Associates, Inc., on behalf of several property owners, for an amendment to
the Monroe County Land Use District Map to establish the boundaries of a new overlay district,
the Rockland Key Commercial Retail Center Overlay District; and
WHEREAS, the subject property is located along a northern segment of the Overseas
Highway (US 1) on Rockland Key, approximate Mile Marker 9, and is legally described as
parcels of land in part of Government Lot 7, Section 21, Township 67 South, Range 26 East,
Monroe County, Florida, having real estate numbers 00122070.000200, 00122070.000201,
00122070.000400, 00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300,
00122080.000303 and 00122080.000304; and
Resolution # DRC 21-12
File #2012-142 Page 1 of 2
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
1. As drafted by the applicant and presented to the DRC , the proposed text amendments
are not consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
2. As drafted by the applicant and presented to the DRC, The proposed text amendments
are not consistent with the provisions and intent of the Monroe County Code; and
3. The proposed text amendments are not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, staff recommended that the Land Use District Map not be amended as
requested by the applicant unless the applicant incorporates staffs recommended changes in an
associated text amendment application (Planning Department File #2011-094). At the DRC
meeting, the applicant agreed to consider staffs recommended changes.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the November 13, 2012 meeting supports the Chair's decision to
recommend denial to the Planning Commission and Board of County Commissioners unless
revisions are carried out as discussed at the eeting.
Date a. z7•rZ�-
owns e , D elopment Review Committee Chair and
Senior i6irectef of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my hgnd and official seal in the County and State last aforesaid this day of
2012.
NO Y P IC, STATE
•w� MAM TEZAM
Nowy Poft - sb fo of RN
• My Comm. 00n Mqr Is. 2016
CR 0 ffion # EE ifNw
�� Io�dN Thogb NMlowtl � ANe.
Resolution # DRC 21-12
File #2012-142
Page 2 of 2
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P48-12
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY TREPANIER & ASSOCIATES INC. FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO THE LAND USE DISTRICT MAP TO
ESTABLISH THE BOUNDARIES OF THE ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT, AS
DESCRIBED IN SECTION 130-131 OF THE MONROE
COUNTY CODE, FOR PROPERTY LEGALLY DESCRIBED
AS PARCELS OF LAND IN PART OF GOVERNMENT LOT 7,
SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST,
ROCKLAND KEY, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS 00122070.000200,
00122070.000201, 00122070.000400, 00122070.000500,
00122070.000600, 00122080.000200, 00122080.000300,
00122080.000303 AND 00122080.000304.
WHEREAS, during a regularly scheduled public meeting held on November 28, 2012,
the Monroe County Planning Commission conducted a review and consideration of a request
filed by Trepanier & Associates, Inc., on behalf of several property owners, for an amendment to
the Monroe County Land Use District Map to establish the boundaries of a new overlay district,
the Rockland Key Commercial Retail Center Overlay District; and
WHEREAS, the subject property is located along a northern segment of the Overseas
Highway (US 1) on Rockland Key, approximate Mile Marker 9, and is legally described as
parcels of land in part of Government Lot 7, Section 21, Township 67 South, Range 26 East,
Monroe County, Florida, having real estate numbers 00122070.000200, 00122070.000201,
00122070.000400, 00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300,
00122080.000303 and 00122080.000304; and
WHEREAS, this map amendment application is contingent on approval of an associated
text amendment application (Planning Department File #2011-094) which establishes the
Rockland Key Commercial Retail Overlay District and its accompanying regulations within the
Monroe County Code; and
Resolution #P48-12
File #2012-142 Page 1 of 1
WHEREAS, the land development regulations associated with the overlay district would
be set forth in a new section of the Monroe County Code, § 130-131; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district. The purpose of the proposed
overlay district is to address special land use circumstances of Rockland Key and the Lower
Keys related to the commercial retail needs of the community; and
WHEREAS, affected properties would maintain their underlying existing land use
(zoning) district designations; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Request for a Land Use District (LUD) Map Amendment application, received by the
Planning & Environmental Resources Department on October 22, 2012 (File #2012-
142); and
2. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated November 21, 2012; and
3. Draft Ordinance; and
4. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff, and
5. Testimony of the applicant; and
6. Testimony of the general public; and
7. Advice and counsel of Susan Grimsley and Steve Williams, Assistant County
Attorneys, and John Wolfe, Planning Commission Counsel; and
WHEREAS, during a scheduled meeting held on November 13, 2012, the Monroe
County Development Review Committee reviewed the ordinance and the Chair recommended
denial to the Board of County Commissioners unless revisions are carried out as discussed at the
meeting; and
WHEREAS, Planning & Environmental Resources Department staff recommended that
the Land Use District Map not be amended as requested by the applicant unless the applicant
incorporates staff's recommended changes in an associated text amendment application
(Planning Department File #2011-094); and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. In 1986, as part of a county -wide rezoning, the land use district designation of the
majority of the subject property was amended to Industrial (I). A small portion of the
subject property along the western boundary was amended to Native Area (NA); and
Resolution #P48-12
File #2012-142 Page 2 of 2
2. In 1997, a majority the subject property was given a Future Land Use Map (FLUM)
designation of Industrial (1) with the final adoption of the future land use maps. A
small portion of the, subject property along the western boundary was designation
Residential Conservation (RC); and
3. Map amendments to the Monroe County Land Use District Map shall not be
inconsistent with the provisions and intent of the Monroe County Comprehensive
Plan; and
4. §102-158 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 Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions; and
5. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
6. Map amendments to the Monroe County Land Use District Map shall not be
inconsistent 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:
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
shall not be affected by this application; and
b. As an overlay district and currently drafted in the corresponding text amendment
application, the Rockland Key Commercial Retail Center Overlay District is
consistent with the purposes of the Industrial (I) and Native Area (NA) Land Use
Districts, as set forth in § 130-33 and § 130-39 of the Monroe County Code; and
Resolution 048-12
File #2012-142 Page 3 of 3
C. As an overlay district and currently drafted in the corresponding text amendment
application, the Rockland Key Commercial Retail Center Overlay District is
consistent with the densities and intensities of the Industrial (1) and Native Area
(NA) Land Use Districts, as set forth in § 130-57, § 130-62 and § 130-64 of the
Monroe County Code; and
d. As required by §102-158 of the Monroe County Code, 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; and
e. The proposed map amendment meets three of the factors set forth in § 102-
158(dx5)b. of the Monroe County Code: Changed projections (e.g., regarding
public service needs) from those on which the text or boundary was based,
Changed assumptions (e.g., regarding demographic trends) and new issues; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
correspond, respectively, to the Future Land Use Map (FLUM) designations of
Industrial (I) and Residential Conservation (RC) as set forth in Policy 101.4.21 of
the Monroe County Year 2010 Comprehensive Plan; and
b. As an overlay district and currently drafted in the corresponding text amendment
application, the Rockland Key Commercial Retail Center Overlay District is
consistent with the purposes of the Industrial (I) and Residential Conservation
(RC) Future Land Use Map (FLUM) designations, as set forth in Policies 101.4.7
and 101.4.1 of the Monroe County Year 2010 Comprehensive Plan; and
c. As an overlay district and currently drafted in the corresponding text amendment
application, the Rockland Key Commercial Retail Center Overlay District is
consistent with the densities and intensities of the Industrial (I) and Residential
Conservation (RC) Future Land Use Map (FLUM) designations, as set forth in
Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, this map amendment application is contingent on approval of an associated
text amendment application (Planning Department File #2011-094) which establishes the
Rockland Key Commercial Retail Overlay District and its accompanying regulations within the
Monroe County Code. In the event the text amendment application is not approved, the
recommendation related to this map amendment application shall be considered null and void;
and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners the
application to establish the boundaries of the Rockland Key Commercial Retail Center Overlay
Resolution 048-12
File #2012-142 Page 4 of 4
District, as shown in Exhibit 1 attached hereto and incorporated herein, for property legally
described as parcels of land in part of Government Lot 7, Section 21, Township 67 South, Range
26 East, Rockland Key, Monroe County, Florida, having real estate numbers 00122070.000200,
00122070.000201, 00122070.000400, 00122070.000500, 00122070.000600, 00122080.000200,
00122080.000300, 00122080.000303 and 00122080.000304.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 28th of November, 2012.
Chair Werling YES
Vice -Chair Wall YES
Commissioner Hale YES
Commissioner Lustberg NO
Commissioner Wiatt YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY z z 'I'L � Zo' /'-'a".
Denise Werling, Chair
Signed this q4A,_ - day of 3 u a 205.
'tO A R OU Y l4'f� RNE'Vf fFILED WRH THE
Date:
JAN-92013
AGENCY CLERK
Resolution #P48-12
File #2012-142 Page 5 of 5
Exhibit 1 • Proposed Boundary for the Rockland Key Commercial Retail Center Overlay District
T
E
PROPOSED ROCKLAND KEY
COMMERCIAL RETAIL CENTER
OVERLAY DISTRICT
NA
t
NA
Resolution 048-12
File #2012-142 Page 6 of 6