Loading...
Item T5vffi�y01011[ Meeting Date: November 17, 2015 Department: Planning & Environmental Resources Bulb. Item. Yes No X Staff Contact Person/Phone #: Mayte Santa naria 289 2562 AGENDA ITEMWORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners Amending the Monroe County Land Use District (Zoning) Map from Industrial (I) and Commercial Fishing Area (CFA) to Mixed Use (MU) for property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number 00120940.000100, and from Industrial (I) to Commercial 2 (C2) for property located at approximate mile marker 9, described as four parcels of land in Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County Florida, having Real Estate Numbers 00122080.000000, 00122081.000200, 00122010.000000 and 00121990.000000; as proposed by Rockland Operations, LLC and Rockland Commercial Center, Inc. (Quasi. -Judicial Proceeding) ITEM BACKGROUND: The applicant has applied for a corresponding Future Land Use Map (PLUM) amendment for the subject parcels from MCF and I to COMMand MC. The BOCC transmitted the draft ordinance for the proposed FLUM amendment to the Florida Department of Economic Opportunity (DEO), which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC) Report, received by the County on 3/23/2015. The ORC report identified one objection regarding increased potential residential development on the Big Coppitt portion of the property, and pointed out that although the applicant claims the proposed FLUM amendment will provide some relief to the affordable housing shortage currently faced by the County, there is no guarantee the site will be used for affordable housing. In response to the ORC, the applicant has prepared a revised proposal for the FLUM amendment based on the ORC report, additional data and analysis, and the requirements of Florida law. The revised proposal requests the same FLUM amendment from MCF and I to MC and COMM, but also includes a. Comprehensive Plan text amendment, to be adopted simultaneously to respond to the ORC objection, establishing a subarea policy for the Big Coppitt portion of the property restricting any residential use on the subject property to only affordable housing. Staff has also recommended including the following restrictions to the proposed subarea policy: restricting any residential use on the subject property to affordable housing only (with a minimum mix of at least 30%Q median, at least 30% low, and at least 30% very low income categories); eliminating all potential for market rate permanent residential and/or transient uses on the site; prohibiting new mnarinas; prohibiting dredging; prohibiting light industrial uses; prohibiting residential buildings in the 70-74 DNL (Day -Night Average Sound Level) noise contour; and requiring sound attenuation for any habitable buildings located within the 70-74 and 65-69 DNL (Day -Night Average Sound Level) noise contours. The proposed FLUM amendment and subarea policy are also scheduled to be considered by the BOCC for adoption at the November 17, 2015 meeting. The proposed Zoning map amendment is necessary to be consistent with the proposed FLUM amendment. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. PREVIOUS RELEVANT BOCC ACTION: On December 1.0, 2014, at a regularly scheduled meeting, the Board of County Commissioners (BOCC) adopted Resolution #375-2014, transmitting to the state land planning agency an ordinance amending the FLUM for the subject property from MCF and I to COMM and MC. CONTRACT/AGREEMENT CHANGES: N/A TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County A,tty-� OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM 30 WHEREAS, on January 12, 2015, Rockland Operations, LLC and Rockland 31 Commercial Center, Inc. submitted a letter requesting to update and process an application 32 submitted on May 18, 2012.for a Land Use District (Zoning) map amendment from. Industrial (1) 33 and Commercial Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5) 34 parcels located on Rockland Key and Big Coppitt Key, having real estate numbers 35 00122080.000000, 00122081.000200, 00122010.000000, 00121990.000000, and 36 0012.0940.000100; and 37 38 WHEREAS, the applicant has submitted an application for a corresponding Future Land 39 Use Map (FLUM) amendment for the subject parcels from Mixed Use/Commercial Fishing 40 (MCF) and Industrial (I) to Mixed Use/Commercial (MC) and Commercial (COMM) and which 41 also includes a Comprehensive Plan text amendment, to be adopted simultaneously, establishing 42 a subarea policy for the Big Coppitt portion of the property restricting any residential use on the 43 subject property to only affordable housing. Staff has also recommended including the following 44 restrictions to the proposed subarea policy: restricting any residential use on the subject property 45 to affordable housing only (with a minimum mix of at least 30% median, at least 30% low, and 46 at least 30% very low income categories); eliminating all potential for market rate permanent n I residential and/or transient uses on the site; prohibiting new marinas; prohibiting dredging; 2 prohibiting light industrial uses; prohibiting residential buildings in the 70-74 DIAL (Day -blight 3 Average Sound Level) noise contour; and requiring sound attenuation for any habitable buildings 4 located within the 70-74 and 65-69 DNL (Day -bight Average Sound Level) noise contours; and 5 6 WHEREAS, the Monroe County Development Review Committee considered the 7 proposed Land Use District (Zoning) map amendment at a regularly scheduled meeting held on 8 the 251n day of August, 2015; and 9 10 WHEREAS, the Monroe County Planning Commission held a public hearing on the 301" 11 day of September, 2015, for review and recommendation on the proposed Land Use District 12 (Zoning) map amendment; and 13 14 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P31-15 15 recommending adoption of the proposed amendment; and 16 17 WHEREAS, at a regularly scheduled meeting on 17t" day of November, 2015, the 18 BOCC held a public hearing to consider adoption of the proposed Land Use District (Zoning) 1.9 map amendment; and 20 21 WHEREAS, based upon the documentation submitted and information provided in the 22 accompanying staff report, the BGCC makes the following Findings of Fact; 23 1. Prior to the 1986 adoption of the County's current land development regulations and 24 their associated land use district maps, the subject parcels were within GU (General 25 Use) and BU-2 (Medium Business Use) zoning districts; and 26 2. In 1986,.a series of zoning reaps, entitled the Land Use District Map, were adopted 27 for all areas of the unincorporated county. On sheets 563 and 564 of the Land Use 28 District Map, the subject parcels are within Commercial Fishing Area (CFA) and 29 Industrial (1) Land Use Districts; and 30 3. Map amendments to the Monroe County Land Use District Map shall not be 31 inconsistent with the provisions and intent of the Monroe County Comprehensive 32 Plan; and 33 4. Monroe County Code (MCC) §1.02-158 states that map amendments are not intended 34 to relieve particular hardships, nor to confer special privileges or rights on any 35 person, nor to permit an adverse change in community character, analyzed in the 36 Monroe County Comprehensive Plan, but only to make necessary adjustments in light 37 of changed conditions or incorrect assumptions or determinations as determined by 38 the findings of the BGCC; and 39 5. MCC § 102-158(d)(5)(b) provides that one or more of the following criteria must be 40 met for a map amendment: 41 a. Changed projections (e.g., regarding public service needs) from those on which 42 the text or boundary was based; 43 b. Changed assumptions (e.g., regarding demographic trends); 44 c. Data errors, including errors in mapping, vegetative types and natural features 45 described in volume I of the plan [the Comprehensive Plan]; 2 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 d. New issues; e. Recognition of a need for additional detail or comprehensiveness; or f. Data updates; 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 documentation submitted and information provided in the accompanying staff report, the Board makes the fallowing Conclusions of Law: The proposed reap amendment is consistent with the provisions of the Monroe County Code: a. As required by MCC §102-158, the leap amendment does not relieve particular hardships, nor confer special privileges or rights on any person, nor permit an adverse change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; b. As required by MCC § 102-158(d)(5)b., the map amendment is needed due to changed assumptions 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 Mixed Use (MU) and Commercial 2 (C2) Land Use (Zoning) Districts correspond with the Future Land Use Map designations of Mixed Use/Commercial (MC) and Commercial (COMM), and are consistent with the respective density and intensity standards as set forth in Policy 101.4.22; b. The Mixed Use (MU) and Commercial 2 (C2) Land Use (Zoning) Districts are consistent with the purposes of the Mixed Use/Commercial (MC) and Commercial (COMM) Future Land Use Map designations, as set forth in Policies 101.4.5 and 101.4,21; and 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; `" tt R 1; Ulm " W1< , 1 , 1 1 " 1 ; Section 1.. The Monroe County Land Use District (Zoning) map is hereby amended as follows: The property described as four parcels of land on Rockland Key, having Real Estate Numbers 00122080-000000, 00122081-000200, 00122010-000000, and 00121990-000000 is changed from Industrial (1) to Commercial 2 (C2), and a parcel of land on Big Coppitt Key, having real estate number 00120940-000000 is changed from Commercial Fishing Area (CFA) and Industrial (I) to Mixed Use (MU), as shown on Exhibit 1, attached hereto and incorporated herein. 91 I The Land Use (Zoning) District map amendment is contingent on adoption and 2 effectiveness of the corresponding FLUM amendment, including the proposed 3 Comprehensive Plan text amendment establishing subarea Policy 107.1.6 to 4 provide limitations on development and specific restrictions. 5 6 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 7 provision of this ordinance is held invalid, the remainder of this ordinance shall 8 not be affected by such validity. 9 10 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 11 conflict with this ordinance are hereby repealed to the extent of said conflict. 12 13 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 14 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 15 16 Section 5. Piling. This ordinance shall be filed in the Office of the Secretary of the State of 17 Florida but shall not become effective until approved by the Florida State Land 18 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 19 120 of the Florida Statutes. 20 21 Section f. Inclusion on the Monroe Coun!y Code's Official Land Use District Map. The 22 provisions of this Ordinance shall be included and incorporated on to the Official 23 Land Use District Map of Monroe County. 24 25 Section 7. Effective Date. This ordinance shall become effective as provided by law and 26 stated above. 27 28 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 29 Florida, at a regular meeting held on the day of , 2015. 30 31 Mayor Danny L. Kolhage 32 Mayor Pro Tein Heather Carruthers 33 Commissioner George Neugent 34 Commissioner David Rice 35 Commissioner Sylvia Murphy 36 37 BOARD OF COUNTY COMMISSIONERS 38 OF MONROE COUNTY, FLORIDA 39 40 BY 41 Mayor Danny L. Kolhae 42 (SEAL) 43 44 ATTEST: AMY HEAVILIN, CLERK 45 MONROE COUNTY ATTORNEY AND VED AS . FORM.: 46 '-7 47 DEPUTY CLERK STEVEN T. WILLIAMS ASSISTANT C/1UNTY ATTORNEY 4 Date t ! -xhibit 1 to Ordinance# -2015- 00120940-000100 CFA & I to MU ELI&NTF LN, The Moniroe ♦ Land Use Map is amended as indicated above. ProposaL Land Use change of five parcels of land on Rockland Key having Real Estate Numbers: 00120940-000100, 00122080-000000, 00122081-000200, 00122010-000000 and 00121990-000000 from industrial (1) and Commercial Fishing Area (CFA) to Commercial (C2) and Mixed Use (MU). C MEN I���°{Sl�� PS�� i I����� s� r, MEMORANDUM ONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT We strive to be caring, professional and fain To. Monroe County Board of County Commissioners Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources From: Emily Schemper, AICP, Comprehensive Planning Manager Date: October 23, 2015 COMMERCIALSubject: REQUEST BY ROCKLAND OPERATIONS, LLC AND ROCKLAND D THE LAND USE DISTRICT (LUD) MAP OF ODEVELOPMENT COD FROM INDUSTRIAL COMMERCIAL AREA COMMERCIAL 2 (C2) AND MIX! FOR PARCELS LOCATED ON ROCKLAND KEY AND BIG COPPITT KEY (FILE #2012-069). Meeting: November 17, 2015 I. REQUEST On January 12, 2015,.Rockland Operations, LLC and Rockland Commercial Center, Inc. submitted a letter requesting to update and process an application submitted on May 18, 2012, requesting to amend the Land Use (Zoning) District (LUD) Map of the Monroe County Land Development Code from Industrial (I) and Commercial Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5) parcels located on Rockland Key and Big Coppitt Key, having real estate numbers 00122080.000000, 00122081.000200, 00122010,000000, 00121990.000000, and 00120940.000100, to correspond with the Future Land Use Map (FLUM) amendment application transmitted by the Board of County Commissioners to the ,State of Florida Department of Economic Opportunity on December 1.0, 2014 (see Exhibit 1). File # 2012-069 Page 1 of 12 Site Information Location: MM 9-9.5, Rockland/Big Coppitt Keys, Gulf of Mexico Side Description: Parcels of land within Sections 21, Township 67 South, Range 26 East, Rockland Key and Big Coppitt Key. Real Estate Numbers: 00122080.000000, 00122081.000200, 001.22010.000000, 00121990.000000 (Rockland Key) and 00120940,000100 (Big Coppitt Key) Owner/Applicant: Rockland Operations, LLC and Rockland Commercial Center, Inc. Agents: Barton Smith and Bryan Hawks of Smith Oropeza Hawks Size of Site: 44.42 acres upland (1,925,787 SF) Land Use Districts (Zoning): CFA & I (see Exhibit 2) FLUM Designation.: Mixed Use / Commercial Fishing (MCF) & Industrial (1) TierDesignation: majority Tier III; small portion (half acre) Tier I Flood Zones: AE - EL 10; VE - EL 12; VE - EL 14; VE - EL 1.6 Existing use: Light industrial and vacant land. Existing Vegetation/Habitat: Scarified Community Character of Immediate Vicinity: Adjacent land currently has zoning designations of Industrial (I), Improved Subdivision (IS), Urban Residential -Mobile Home (URM), and Commercial Fishing Area (CFA). The surrounding area includes a mix of uses, including but not limited to: commercial, office, heavy and light industrial, storage, warehouse, residential housing and commercial fishing uses. File # 2012-069 Page 2 of 12 The Big Coppitt portion of the subject property (RE# 00120940.000100) currently has LUD (Zoning) designations of Commercial Fishing Area (CFA) and Industrial (1), and FLU designations of Mixed Use/Commercial Fishing (MCF) and Industrial (1). The Rockland Key portion of the subject property (RE#s 00122080.000000, 00122081.000200, 00122010.000000, and 00121990.000000), currently has a LUD designation of Industrial (1) and a FLUM designation of Industrial (I). The Big Coppitt portion of the subject property was within a GU (General Use) district prior to 1986 when it was re -designated as CFA and I (the final adoption of the LUD map was in 1992). With the adoption of the Comprehensive P'lan's FLUM in 1997, the Big Coppitt portion of the subject property was given its current FLUM designations of MCF and 1. The Rockland Key portion of the subject property was within GU (General. Use) and BU-2 (Medium Business Use) districts prior to 1986 when it was re -designated as I (the final adoption of the LUD map was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997, the Rockland Key portion of the subject property was given its current FLUM designation of 1. According to the boundary survey provided by the applicant, the total upland area of the subject property is 44.42 acres (1,925,787 SF); 14.83 acres comprise the Big Coppitt portion of the property, and 29.59 acres comprise the Rockland Key portion of the property. Property Real Property Current Proposed Current Land Area Owner(s)) Estate Location FLUM FLUM Zoning Tier (upland acres Number (Key) per survey) Rockland Operations, 00120940 Big Coppitt I MC I Tier III 14.83 LLC 000100 & MCF &CIA Subtotal: Big Coppitt portion of property 14.83 acres Rockland 00122010 Conn ercial -000000 Rockland I Comm I Ties- III 3.18 Center Inc. Rockland 00121990 3.05 Conttnrcial -000000 Rockland I Comm I Tier III Center Inc. Rockland 00 0 Tier III Operations, Rockland I Comm I & 18.87 LLCC 000 _000000 Tier I Rockland Operations, 00I22081 -000200 Rockland I Comm I Tier III 4.49 LLC Subtotal: Rockland Key portion of property 29.59 acres Total Upland Acreage 44.42 acres File # 2012-069 Page 3 of 12, At its regularly scheduled meeting on August 25, 2015, the Monroe County Development Review Committee reviewed and discussed the proposed LUD map amendment and recommended approval, as memorialized in Resolution DRC 08-15. At its regularly scheduled meeting on September 30, 2015, the Monroe County Planning Commission held a public hearing for review and consideration of the proposed LUD map amendment and recommended approval, as memorialized in Resolution P31-15 (Exhibit 3). The applicant has also applied for a corresponding FLUM amendment for the subject property (File #2012-068 & 2015-114 — see Exhibit 4), which has been reviewed by the Monroe County Development Review Committee, Planning Commission, and Board of County Commissioners (BOCC) (transmittal hearing only). On December 10, 2014, at a regularly scheduled meeting, the BOCC adopted Resolution #375-2014, transmitting to the state land planning agency an ordinance amending the FLUM for the subject property from MCF and I to Mixed Use/Commercial (MC) and Commercial (COMM). Existing FLUM Designation Proposed FLUM Resignation, as transmitted The draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO), which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC) report, received by the County on March 23, 2015. The ORC report identified one objection regarding increased potential residential development on the Big Coppitt portion of the property, and pointed out that although the applicant claims the proposed FLUM amendment will provide some relief to the affordable housing shortage currently faced by the County, there is no guarantee the site will be used for affordable housing. Specifically, the ORC report stated (bold formatting added); The applicant makes the argument that housing in Monroe county is in short supply, the cost of that housing is too high and therefore, this amendment adds to the available affordable housing by re -designating 14.83 acres to mixed use which can accommodate a multifamily affordable housing development project of significant size. However there is File # 2012-069 Page 4 of 12 nothing in the amendment which provides assurance that any future residential development on this property will he for affordable housing. The ORC report recommended that the BOCC either not adopt the amendment, or revise the amendment to allow uses other than residential uses. Normally, the County has 180 days from the date of receipt of the ORC to adopt the FLUM amendment, adopt the FLUM amendment with changes or not adopt the FLUM amendment. The 180 day deadline for action by the County would be September 19, 2015; however, the County has requested an extension to this deadline from DEO (as requested by the applicant). The new deadline for County action is March 15, 2016. In response to the {SRC, the applicant has prepared a revised proposal for the FLUM amendment based on the ORC report; additional data and analysis, including excerpts from the Monroe County Year 2030 Technical Document (Exhibit 4), the County's 2015 Workforce Housing Stakeholder Assessment Report (Exhibit 5), Ivey West's Affordable Housing White Paper dated September 14, 2015 (Exhibit 6), and the requirements of Florida law. The revised proposal requests the same FLUM amendment from MCF and I to MC and COMM, but also includes a Comprehensive Plan text amendment, to be adopted simultaneously to respond to the (SRC objection, establishing a subarea policy for the Big Coppitt portion of the property restricting any residential use on the subject property to only affordable housing. Staff has also recommended including the following restrictions to the proposed subarea policy: restricting any residential use on the subject property to affordable housing only (with a minimum mix of at least 30% median, at least 30% low, and at least 30% very low income categories); eliminating all. potential for market rate permanent residential and/or transient uses on the site; prohibiting new marinas; prohibiting dredging; prohibiting light industrial uses; prohibiting residential buildings in the 70-74 DNL (Day -Night Average Sound Level) noise contour; and requiring sound attenuation for any habitable buildings located within the 70-74 and 65-69 DNL (Day -Night Average Sound Level) noise contours. The draft policy language, reads: and -Specific Development in the Big Coppitt Mixed Use Area 1 shall be subject to regulations ai3olicable to the Mixed Use/Commercial (MC) Future Land Use Designation as well as an additional restriction set out below: 1. Residential units developed on the Big Coppitt Mixed Use Area I shall be restricted to affordable housing only (with a minimum mix of at least 30% median at least 30% low, and at least 30% very low income categories) and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe County Code of nrrlinnnrPQ 2. There shall be no market rate or transient residential units. 3. There shall be no new marinas. 4. There shall be no dredging. 5. There shall be no light industrial uses. 6. All habitable buildings located within the 65-69 DNL (Day -Night Average Sound Level noise contour pursuant to the 2013 Navy Environmental Impact Statement File # 2012-069 Page 5 of 12 shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 25 decibels. 7. No residential buildings shall be located within the 70-74 DNL. 8. All habitable buildings located within the 70-74 DNL noise contour pursuant to the 2013 Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 30 decibels. The Big Coppitt Mixed Use Area 1 with Real Estate No. 00120940-000100 iLapproximately 14.8 acres of vacant land and is legally described as: [LEGAL DESCRIPTION TO FOLLOW]. The revised FLUM amendment, including the proposed Comprehensive Plan text amendment establishing the subarea policy (see Exhibit 4), is tentatively scheduled to be considered for adoption by the BOCC at their regularly scheduled meeting on November 17, 2015. The proposed LUD map amendment (see Exhibit 5), which is the subject of this staff report, is necessary to be consistent with the proposed FLUM amendment. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. A. Maximum Allocated Density and Intensity Big Coppitt portion of property Existing LUD Commercial Fishing Type Residential Allocated Density Adopted Standards 3 du/acre Development Potential 7.5 du Area (CFA) Residential Max Net Density 12 du/buildable acre 24 du 2.50 acres Transient Allocated Density 0 rooms/spaces/acre 0 rooms/spaces (108,900 SF) Nonresidential Maximum Intensity Residential Allocated Density 0.40 FAR 1 du 43,560 SF 12.3 du Industrial (I) Residential Max Net Density 2 du/buildable acre 19.7 du 12.33 acres Transient Allocated Density 0 rooms/spaces/acre 0 rooms/spaces (537,094 SF) Nonresidential Maximum Intensity 0.40 FAR 214,837 SF Existing Big Coppitt Residential Allocated Density 19.8 du Subtotal Residential Max Net Density 43.7 du 14.83 acres Transient Allocated Density 0 roams/spaces (645,994 SF) Nonresidential Maximum Intensity 258,397 SF Proposed LUD Type Adopted Standards Development Potential Residential Allocated Density I du/acre 14.8 du* Mixed Use (MU) Residential Max Net Density 18 du/buildable acre 213.6 du* 14.83 acres (645,994 SF) 'Transient Allocated Density 10 rooms/spaces/acre 148.3 roams/spaces` Nonresidential Maximum Intensity 0.40 FAR 258,397 SF File 4 2012-069 Page 6 of 12 Rockland Key portion of property Existing LUD Type Adapted Standards Development Potential Residential Allocated Density 1 du/acre 29.6 du Industrial (1) Residential Max Net Density 2 du/buildable acre 47.3 du 29.59 acres Transient Allocated Density 0 rooms/spaces/acre 0 roams/spaces (1,288,940 SF) Nonresidential Maximum Intensity 0.40 FAR 515,76 SF Proposed LUD Type Adopted Standards Development Potential Commercial 2 Residential Allocated Density 0 du/acre a du (C2) Residential Max Net Density 0 du/buildable acre 0 du 29.59 acres Transient Allocated Density 0 rooms/spaces/acre 0 rooms/spaces (1,288,94(1 SF) Nonresidential Maximum Intensity 1 0.50 FAR 644,470 SF Total SiteDevelopment Potential Existing LUD Residential Allocated Density 49.4 du Total Residential Max Net Density 91 du 44.42 acres Transient Allocated Density 0 rooms/spaces (1,925,787 SF) Nonresidential Maximum Intensity 773,973 SF Proposed LUD Residential Allocated Density 14.8 du* Total Residential Max Net Density 213.6 du* 44.42 acres Transient Allocated Density 148.3 rooms/spaces" (1,925,787 SF) Nonresidential Maximum Intensity 902,867 SF Net Change in Total Site Total Site with Proposed Subarea Policy Development Residential: (-34.6) du`* Residential: (--34.6) du* Potential Residential (max net): +122.b dui Affordable Residential (max net): +122.6 dui` Total Site Transient- Transient: +148.3 rooms/spaces Transient- no change' Nonresidential: +128,894 SF Nonresidential: +128,894 SF Big Coppitt portion- CFA and I to MU Big Coppitt portion: CFA and I to MU Residential: (-5) du* with Proposed Subarea policy Affordable Residential (max net): +169.9 du" Residential: (-5) du" Net Change in Transient: +148.;3 roorns/spaced` Affordable Residential (max net): +I69.9 du' Development Nonresidential; no change Transient: no change"; Potential based on Nonresidential: no change Key Rockland Key portion: I to C2 Residential: (-29.6) du Residential (max net): (473) du Transient: no chancre Nonresidential: +128,894 SF *Based on the. proposed Comprehensive Plan text amendment which will accompany the corresponding FLUM amendment, a subarea policy for the Big Coppitt portion of the property will restrict any residential use on the subject property to only affordable housing in the very low, low, and median income categories; eliminate all potential for market rate: permanent residential and/or transient uses on the site; prohibit new marinas; prohibit dredging; prohibit light industrial uses; prohibit residential buildin-s in the 70-74 DNL (Day -Night Average Sound Level) noise contour, and require sound attenuation for any habitable buildings located within the 70-74 and 65-69 DNL (Day -Night Average Sound Level) noise contours. File 4 2012-069 Page 7 of 12 The table above provides an approximation of the existing and proposed development potential for residential, transient, and nonresidential development. Section 130-156(b) of the Land Development Code states: The density and intensity provisions set out in this section are intended to be applied cumulatively so that no development shall exceed the total density limits of this article. For example, if a development includes loth residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development. As shown in the table above, the proposed LUD map amendment would result in a decrease in allocated residential development of 34.6 dwelling units; an increase in overall potential affordable residential development (using max net density) of 122.6 dwelling units, an increase in overall potential transient unit development of 148.3 rooms/spaces; and an increase in overall potential nonresidential development of 128,894 square feet. Based on the proposed Comprehensive Flan subarea policy, which would eliminate all potential for market rate permanent residential and/or transient uses on the site, the actual decrease in potential permanent market rate residential development would be 49.4 dwelling units, and the actual change in potential transient units would be no change — potential would remain at zero (0) transient units. Parcels surrounding the subject property currently have LUD designations of Industrial, Commercial Fishing Area, Improved Subdivision, Urban Residential Mobile Home, and Native Area {across US1). Land uses surrounding the subject property include residential to the east, and a mixture of light/heavy industrial and vacant land to the west and southwest. Land. across US 1 to the south is vacant wetlands.. Almost the entire site has a tier designation of Tier III. A small portion (half an acre) on Rockland Key has a tier designation of Tier 1. The majority of the site is scarified, consisting of pea -rack, gravel, borrow pits, and some grassy areas. The portion of the site proposed for MU zoning, which would potentially allow affordable housing residential development, is adjacent to an existing residential area within a URM district. The proposed LUD map amendment is not anticipated to have an adverse effect on the community character of the area. C. Effects on Public Facilities Traffic Circulation (Policy 301.1.1) According to the 2015 US.1 Arterial Travel Time and Delay Study, at the present time, US 1 is operating overall at a Level of Service (LOS) C. In the Lower Keys Area, the segments from the area of the request to Key West are operating at a LOS B or better and the segments from the area of the request to Big Fine Key are operating at a LOS C or better. The request is located in the area of Segments 2 and 3, which are operating at levels of service A and. B respectively. File # 2012-069 Page 8 o1' 12 Segment 2 Boca Chica (4-L/D) Key Haven Blvd. to Rockland Dr. (5,167 Reserve Trips) --- LQS A ® Segment 3 Big Coppitt (2-L/U) Rockland Dr. to Baca Chica R. (1,292 Reserve Trips) — LOS B As part of the corresponding FLUM amendment application, the applicant submitted a trip generation analysis. URS (County consultant) reviewed the analysis and confirmed that the proposed FLUM amendment would result in a trip generation reduction of 7,933 trips per day (attached as Exhibit 6). Therefore, the proposed map amendment is not anticipated to negatively impact the traffic LOS. Traffic analysis for specific development proposals will be reviewed as part of the development approval process. Potable Water (Policy _701.1.1) FKAA's dater Treatment Facility in Florida City has a maximum water treatment design capacity of 29.8 million gallons per day (MGD). This consists of 23.8 MGD from the Biscayne Aquifer through the primary conventional water treatment process and 6 MGD from the brackish Floridan Aquifer through the secondary Reverse Osmosis (RG) treatment plant. There are also two saltwater Reserve Osmosis (RD) plants, located on Stock Island and Marathon, which are able to produce potable water under emergency conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The 2012 projection for annual average daily demand is 17.62 MGD which is well below FKAA's Water Use Permit amount of 23.98 MGD. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for nonresidential potable water is 0.35 gallons per square foot per day. The proposed LUD reap amendment increases the site's maximum nonresidential development potential by 128,894 SF, which would increase potential potable water demand by 45,112 gallons per day. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for residential potable water is 66.5 gallons per capita per day. The proposed LUD map amendment would increase the potential affordable residential development by 122 dwelling units, which would increase potential potable water demand by 18,173 gallons per day if developed to its maximum affordable residential potential. Currently there is sufficient capacity for such an increase. Solid Waste (Policy 801.1.1) Monroe County has a contract with Waste Management through September 30, 2024. The contract authorizes the use of in -state facilities; thereby, providing the County with approximately ten years of guaranteed capacity for the haul out and disposal of 95,000 tons/year of solid waste not including yard waste. Under the proposed LUD categories, the net increase in potential affordable residential units on the site is 122 dwelling units. Currently there is sufficient capacity for such an increase. nonresidential solid waste is handled by private contract. Sanitary Sewer (Policy 901.1.1) The property will be served by the Big Coppitt Wastewater Treatment Plant. The Big Coppitt Wastewater Treatment Plant has a design capacity of 0.323 MGD. The current average daily Pile # 2012-069 Page 9 of 12 flow is 0.130 MGD and therefore the plant has sufficient capacity for the increase in development potential associated with the proposed map amendment. A Consistency with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers: Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101. : Monroe County 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. Policy 101.4.5 The principal purpose of the Mixed Use/ Commercial land use category is to provide for the establishment of commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This 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. The County shall continue to tape a proactive role in encouraging the maintenance and enhancement of community character and recreational and commercial working waterfronts. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply; and 3. maximum net residential density shall be zero. Policy 101..21. The principal purpose of the Commercial (COMM) future land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail; highway -oriented sales and services; commercial recreation; light industrial; public, institutional and office uses may be permitted at intensities which are consistent with the community character and the natural environment. The commercial zoning districts established within this category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or permanent residential development. File, # 2012-069 Page 10 of 1.2 In order to protect environmentally sensitive lands, the following development controls shall apply to all Tier I lands within this land use category:. 1. only low intensity commercial uses shall be allowed; and 2. a maximum floor area ratio of 0.15 shall apply. Policy 101.4.22 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 AllocatedDensity rb) Maximum Density {aY Maximum Intensity And Corresponding Zoning (per acre) (per buildable acre) (floor area ratio) Commercial (COMM) 0 du N/A 0,15-0.50 (C1 and C2 zoning) 0 rooms/spaces NIA Mixed Use/Commercial (MC)`'] {3} 0.10-0.45 (SC, UC, DR, RV, MU and 1-6 du 2 -18 du (SC, UC, DR.. RV, and MI zoning) 5-15 rooms/spaces 10-25 rooms/spaces MU zoning) 1 du (MI zoning) 2 du (MI zoning) 0.30-0.60 (MI zoning) F. Consistency with the provisions and intent of the Monroe County Cade Land Development Code In accordance with MCC §102-158(d)(5), the BQCC 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; /A 2. Changed assumptions (e.g., regarding demographic trends); The proposed LUD map amendment is necessary to be consistent with the proposed FLUM amendment from I and MCF to MC and COMM. The applicant is proposing a FLUM amendment and subarea policy to allow and restrict the development of residential uses to only affordable housing on the Big Coppitt portion of the property (the Commercial FLUM category proposed for the Rockland Key portion of the site has no residential development potential). The applicant has stated they are proposing the map amendments and subarea policy to address the shortage of affordable housing the County is experiencing. 3. Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; N/A File # 2012-069 Page 1 1 of 12 4. New issues; The Monroe County Development Review Committee, Planning Commission, and Board of County Commissioners have recommended and transmitted to the State a FLUM amendment for the subject parcels. The proposed PLUM amendment changes the PLUM designation on the site from Mixed Use/Commercial Fishing and Industrial to Mixed Use/Commercial and Commercial. The proposed LUD map amendment is necessary to be consistent with the proposed FLUM amendment. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. 5. Recognition of a need for additional detail or comprehensiveness; or N/A. 6. Data updates; N/A Staff recommends approval of the proposed amendment to the Land Use District Map of the Monroe County Land Development Cade from Industrial (1) and Commercial Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5) parcels located on Rockland Ivey and Big Coppitt Key, having real estate numbers 00122080.000000, 00122081.000200, 00122010.000000, 001.21990.000000, and 00120940.000100, contingent on adoption and effectiveness of the corresponding PLUM amendment, including the proposed Comprehensive Plan text amendment establishing a subarea policy which would restrict any residential use on the subject property to only affordable housing in the very low, low, and median income categories; eliminate all potential for market rate permanent residential and/or transient uses on the site; prohibit new marinas; prohibit dredging-, prohibit light industrial uses; prohibit residential buildings in the 70-74 DNL (Day -Night Average Sound Level) noise contour; and require sound attenuation for any habitable buildings located within the 70-74 and 65-69 DNL (Day -Night Average Sound Level) noise contours. 1. BDCC Resolution #375-2014. 2. Official Land Use District Map, Sheets 563 and 564. 3. Planning Commission Resolution P31-15. 4. Corresponding Proposed FLUM amendment and Subarea Policy. 5. Proposed LUD map amendment. 6. Trip generation analysis (as submitted with FLUM amendment). File: # 2012-069 rage 12 of 12 �,. a a R• ll �F �; a E N b, II I1 1 I I I I 1 1 1 I iR II s� 1I111 WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other Reviewing. Agencies as defined in Sec. 163.3184(i)(c ), F.S., for review and comment on a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above, and WHEREAS, the Monroe County Planning Commission and the Monroe County Board. of County Commissioners support the transmittal of the requested future land use map amendment; NOW THERFORE, BE RESOLVED BY THE BOARD; OF COMMISSIONERSOF MONROEFLORIDA: P. I of 2 1 2 Section 1: The Board of County Commissioners does hereby adopt the recommendation of 3 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, 4 for review of the proposed text amendment. 5 6 Section 2. The Monroe County staff is given authority to prepare and submit the required 7 transmittal letter and supporting documents for the proposed amendment in 8 accordance with the requirements of Section 163.3184(4), Florida Statutes, 9 10 Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this 11 resolution to the Director of Planning. 12 1 14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 15 Florida, at a regular meeting held on the 1 Oth day of December, 2014, 16 17 Mayor Danny L. Kolhage 18 Mayor Pro Tern Heather Carruthers \4 (G 19 Commissioner George Neugent ns 20 Commissioner David Rice f-c- 21 Commissioner Sylvia Murphy A(L2- 22 23 BOARD OF COUNTY COMMISSIONERS OF CAN OE COUNTY, FLORIDA 24 25 BY 26 Mayor Danny L. Kolhage 27 3 34 Deputy Clerk 35 36 R 2 of 2 31 32 33 WHEREAS, Rockland Operations, LLC and Rockland Commercial Center, Inc. 34 submitted an application for a Future Land Use Map amendment from Industrial (1) to 35 Commercial (COMM) and from Mixed Use/Commercial Fishing (MCF) and Industrial (1) to 36 Mixed Use/Commercial (MC); and 37 38 WHEREAS, the Monroe County Development Review Committee considered the 39 proposed amendment at a regularly scheduled meeting held on the 29th day of April, 2014; and 40 41 WHEREAS, the Monroe County Planning Commission held a public hearing, on the 27 1h 42 day of August, 2014, for review and recommendation on the proposed Future Land Use Map 43 amendment; and 44 45 WHEREAS, the Monroe County Planning Commission made the following findings of 46 fact and conclusions of law- 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 M 31 -32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; and 2 The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service; and 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute; and 5. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute, WHEREAS, the Monroe County Planning Commission passed Resolution No. P39-14 recommending transmittal of the proposed amendment,-, and WHEREAS, at a regular meeting held on the I 01h day of December, 2014, the Monroe County Board of County Commissioners, held a public hearing to consider the transmittal of the proposed amendment, considered the staff report and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and WHEREAS, at the December 10, 2014, public hearing, the BOCC voted to transmit the amendment to the State Land Planning Agency; and WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections, Recommendations and Comments (ORC) Report on 2015, which did not identify any issues with the proposed amendment; and WHEREAS, the ORC report states and as a response to the ORC Report, Monroe County NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ON OE COUNTY, FLORIDA: Section 1, The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is hereby amended as follows: The property described as four parcels of land on Rockland Key, having Real Estate Numbers 00122080-000000, 00122081-000200, 00122010-000000, and 00121990-000000 from Industrial (1) to Commercial (COMM), and a parcel of land on Big Coppitt Key, having real estate number 00120940-000000 from Mixed Use/Commercial Fishing (MCF) and Industrial (1) to Mixed N 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 Exhibit A Use/Commercial (MC), as shown on Exhibit 1; which is attached hereto and incorporated herein, Section 2. Seve ratilLty If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable challenges have been resolved. Section 6. Inclusion in the Comprehensive Plan. The Future Land Use Map amendment shall be incorporated in the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board Of County Commissioners of Monroe County, Florida, at a regular meeting held on the _ day of _, 2015, (SEAL) ATTEST: AMY HEAVILIN, CLERK Mayor Danny L. Kolhage Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy M 3 Mayor Danny L, Kolhage o ! , .. -2014 xd, The Monroe County Future and Use Map is amended as indicated above. Proposal: Future Land Use change of five parcels of land on Big Coppitt Key having Real Estate Numbers: 00120940-000100, 00122080-000000, 00122081-000200, 00122010-000000 and 00121990-000000 from Industrial (1) toCommercial (COMM) and Mixed Use/Commercial (MC). of WI r mot` The Area Depicted On This miap MaY Be Subject To The AICUI Overlay MONROE COUNTY. FLORIDA LAND USE DISTRICT MAP MATCH TO 552 I 0 ---------------------------------------- I mi"Amov m: 0 -J I - .,rtavn L�r4 NA RCCKL,WD XhY 7 IV ATL Tjl' MATCH TO -164 55, n,OFtF lWl— m MF MORROW COUNTY, FLORIDA, LAND USE DISTRICT MAP I MATCH TO 553 MATCH To 5W a1-0 —PL 2 3 4 5 6 MONROE COUNTY, FLORIDA 7 PLANNING COMMISSION RESOLUTION NO. P I-15 8 9 A RESOLUTION BY THE MONROE COUNTY PLANNING 10 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE 11 BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND 13 USE DISTRICT (ZONING) NEAP FROM INDUSTRIAL (I) AND 14 COMMERCIAL FISHING AREA (CFA) TO MIXED USE (MU), FOR 15 PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9, 16 DESCRIBED AS A PARCEL OF LAND IN SECTION 21, TOWNSHIP 17 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, MONROE is COUNTY, FLORIDA, HAVING REAL ESTATE NUMBED. 19 00 120940.000 100, AND FROM INDUSTRIAL (1) TO COMMERCIAL 2 20 (C2) FOR PROPERTY LOCATED AT APPROXIMATE MILE 21 MARKER 9, DESCRIBED AS FOUR PARCELS OF LAND IN 22 SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND 23 KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE 24 NUMBERS 00122080.000000, 00122081.000200, 00122010.000000 25 AND 00121990.000000, AS PROPOSED BY ROCKLAND 26 OPERATIONS, LLC AND ROCKLAND COMMERCIAL CENTER, 27 INC., PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 2.8 OF CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL 29 TO THE STATE LAND PLANNING AGENCY AND THE 30 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE 31 LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN 32 EFFECTIVE DATE. 33 34 35 WHEREAS, on January 12, 2015, Rockland Operations, LLC and Rockland 36 Commercial Center, Inc. submitted a letter requesting to update and process an application 37 submitted on May 18, 2012 for a Land Use District (Zoning) map amendment from Industrial (1) 38 and Commercial Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5) 39 parcels located on Rockland Key and Big Coppitt Key, having real estate numbers 40 00122080.000000, 00122081-000200. 00122010.000000, 00121 90.000000, and 41 00120940.0001.00; and 42 43 WHEREAS, the Munroe County Development Review Committee considered the 44 proposed Land Use District (Zoning) map amendment at a regularly scheduled meeting held on 45 the 251h day of August, 201.5, and 46 12esnlnlion #P31-15 File #2012-069 Pa-e l of 4 I WHEREAS, the Monroe County Planning Commission held a public hearing on the 30"' 2 day of September, 2015, for review and recommendation on the proposed Land Use District 3 (Zoning) map amendment; and 4 5 WHEREAS, the Planning Commission was presented with the following documents and 6 other information relevant to the request, which by reference are hereby incorporated as part of 7 the record of said hearing: l 8 9 1. Request for a Land Use District (LUD) Map Amendment application, received by the 10 Planning & Environmental Resources Department on May 18, 2012 (File #2012- 11 069); and 12 2. Letter from the applicant received by the Planning & Environmental Resources 13 Department on January 12, 2015, requesting to update and process the application; 14 and 15 3. Staff report prepared by Emily Schemper, Comprehensive Planning Manager, dated 16 September 21, 2015; and 17 4. Sworn testimony of Monroe County Planning & Environmental Resources 18 Department staff-, and 19 5. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 20 Planning Commission Counsel; and 21 6, Sworn testimony of the applicant; and 22 23 WHEREAS, based upon the information and documentation submitted, the Planning 24 Commission makes the followino, Findings of Fact: 25 26 1. Prior to the 1986 adoption of the County's current land development regulations and 27 their associated land use district maps, the subject parcels were within GU (General 28 Use) and BU-2 (Medium Business Use) zoning districts-, and 29 1 In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted 30 for all areas of the unincorporated county. On sheets 563 and 564 of the Land Use 31 District Map, the subject parcels are within Commercial Fishing Area (CFA) and 32 Industrial (1) Land Use Districts; and 33 3. The applicant has submitted an application for a corresponding Future Land Use Map C� 34 (FLUM) amendment for the subject parcels from Mixed Use/Commercial Fishing 35 (MCF) and Industrial (1) to Mixed Use/Cornniercial (MC) and Commercial (COMM) 36 and creating a Comprehensive Plan subarea policy which would eliminate all 37 potential for market rate permanent residential and/or transient uses on the site; and 38 4. Map amendments to the Monroe County Land Use District Map shall not be 39 inconsistent with the provisions and intent of the Monroe County Comprehensive 40 Plan; and 41 5. Monroe County Code (MCC) § 102-158 states that map amendments are not intended 42 to relieve particular hardships, nor to confer special privileges or rights on any Resolution #P31-15 File #2012-069 Page 2 of'4 I person, nor to permit art adverse change in community character, analyzed in the 2 Monroe County Comprehensive Plan, but only to make necessary adjustments in light 3 of changed conditions or incorrect assumptions or determinations as determined by 4 the findings of the BOCC; and 5 6. MCC §102-158(d)(5)(b) provides that one or more of the following criteria must be 6 met for a map amendment: 7 a. Changed projections (e.g., regarding public service needs) from those on which 9 the text or boundary was based; 9 b. Changed assumptions (e.g., regarding demographic trends); 10 c, Data errors, including errors in mapping, vegetative types and natural features 11 described in volume I of the plan [the Comprehensive Plan]; 12 d. New issues; 13 e. Recognition of a need for additional detail or comprehensiveness; or 14 f. Data updates; and 15 16 7. Map amendments to the Monroe County Land Use District Map shall not be 17 inconsistent with the Principles for Guiding Development in the Florida Key,", Area of 18 Critical State Concern; and 19 20 WHEREAS, based upon the information and documentation submitted, the Planning 21 Commission makes the following Conclusions of Law: 22 23 1. The proposed map amendment is consistent with the provisions of the Monroe 24 County Code: 25 26 a. As required by MCC §102-158, the map amendment does not relieve particular 27 hardships, nor confer special privileges or rights on any person, nor permit an 28 adverse change in community character, as analyzed in the Monroe County Year 29 2010 Comprehensive Plan; 30 b, As required by MCC §102-158(d)(5)b., the map amendment is needed due to 31 changed assumptions and new issues; and 32 33 2 The proposed map amendment is consistent with the provisions and intent of the 34 Monroe County Year 2010 Comprehensive Plan: 35 36 a. The Mixed Use (MU) and Commercial 2 (C2) Land Use (Zoning) Districts 37 correspond with the Future Land Use Map designations of Mixed 38 Use/Commercial (MC) and Commercial (COMM), and are consistent with the 39 respective density and intensity standards as set forth in Policy 101.4.22-, 40 b. The Mixed Use (MU) and Commercial 2 (C2) Land Use (Zoning) Districts are 41 consistent with the purposes of the Mixed Use/Commercial (MC) and 42 Commercial (COMM) Future Land Use Map designations, as set forth in Policies 43 101.4.5 and 101.4.21', and 44 45 3. The proposed map amendment is not inconsistent with the Principles for Guiding 46 Development in the Florida Keys Area of Critical State Concern; Resolution #P31-15 File #2012-069 Pa.-O 3 of 4 23 24 25 26 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF Or OE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to recommend approval to the Board of County Commissioners of the proposed amendment to the Land Use District Map of the Monroe County Land Development Code from Industrial (1) and Commercial, Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5) parcels located on Rockland Key and Big Coppitt Key, having real estate numbers 00122080.000000, 00122081.000200, 00122010.000000, 00121990.000000, and 00120940.000100, contingent on adoption and effectiveness of the corresponding PLUM amendment, including the proposed Comprehensive Plan text amendment establishing a subarea policy which would eliminate all potential for market rate permanent residential and/or transient uses on the site. PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, Florida. at a regular meeting held on the 30"' day of September, 2015. Denise Werlina, Chair 1� Yes _Yes® William Wiatt, Commissioner _'Yes_ BethRamsey-Vickrey, Commissioner —Yes® Elizabeth Lustbur-. Commissioner —Absent Ron Miller, Commissioner —Yes PLANNING COMMISSIOMNOFM NRIOE COUNTY, FLORIDA By Denise Werling, Chair Signed this 59,111 —2_ day of /Vo .2-0 1 _t> Monroe County Alarming Date; Resolution #P31-15 File 42012-069 Attorney NOV - 2' 2015 Page 4 of 4 Exhibit 4 m Correspondinq Proposed FLUM Amendment m; Growth Management Division We strive to be caring, professional, and fair. The Monroe County Future Land Use District is proposed to be amended as indicated above and briefly described as: Key: E-11l �d key Mile Marker: 9 Map Amendment #: Acreage: Total: 79.6 Land Use District Map #: ssa a ssa Uplard: 46.1 Ordinance No.: Date of Adoption: Proposal: Ful— da d uae manse of —,e — f— I—t-I ni aid Mixed UselCommercial Fishing I,MCF) to CommeraleI (COMM) ana Mlxad Use/CommerGal (mG Property Description: RE Nu mbate. 00120940000100, J 0012208d000000. 0012208i 000200 00122010-OOOJOO,antl ]0 t21990 000000 J - Proposed Comprehensive Plan Subarea Policy to accompany proposed FLUM amendment Policy 107.1.6 _Big ogRitt Mixed Use Area 1 -To Provide Limitations on Development and Specific Restrictions Development in the Big.Coppitt Mixed Use Area I shall be subject to regulations applicable to the Mixed Use/Commercial MC Future Land Use Designation as well as an additional restriction set out below: 1_. Residential units developed on the Big Coppitt Mixed Use Area 1 shall be restricted to affordable housingonly (with a minimum mix of at least 30% median, at least 30% low, and at least 30% very low income categories) and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe Count Code of Ordinances. 2. There shall be no market rate or transient residential units. 3. There shall be no new marinas. 4. There shall be no dredging. 5. There shall be no light industrial uses. 6. All habitable buildings located within the 65-69 DNL (Day Night Average Sound Level) noise contour pursuant to the 2013 Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 25 decibels. 7. No residential buildings shall be located within the 70-74 DNL. 8. All habitable buildings located within the 70-74 DNL noise contour pursuant to the 2013 Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 30 decibels. The Big Coppitt Mixed Use Area 1, with Real Estate No 00120940-000100 is approximately 14.8 acres of vacant land and is levy described as: PARCEL"A" A parcel of land as described in Official Records Book 1884 Page 1226 of the Public Records of Monroe County, Florida being apart of Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe Count Florida and run thence South a distance of 390 feet-, thence run Nest for a distance of 300 feet thence run North for a distance of 1004.13 feet-, thence run East for a distance of 300 feet to a point-, thence run South for a distance of 61.4.1.3 feet back to the POINT OF BEGINNING. PARCEL „B„ A parcel of land as described in Official Records Book 1884 Page 1226 of the Public Records of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida. described as follows: BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County Florida and run thence East a distance of 185 feet to a point; thence South 45 degrees, 00 minutes, 00 seconds West a distance of 70.71 feet to a point; thence West a distance of 135 feet to apoint; thence at right angles North 50.0 feet to the said southwest corner of said Block 9 and the POINT OF BEGINNING. PARCEL "C" A Marcel of land as described in Official Records Book 2237 Page 2259 of the Public Records of Monroe County, Florida being a tart of Government Lot 1, Section 21, Township 67 South Range 26 East on Big Coppitt,Key,Monroe County, Florida described as follows: COMMENCE at the southwest corner of Block 9 of "GULFREST PARK Plat No. 2"according to the,,,,plat.. thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida and run thence North for a distance of 614.13 feet to the POINT OF BEGINNING of the,.parcel of land herein being described; thence run West for a distance of 300 feet to a point; thence run North for a distance of 1063 feet, more or less to a of t on the north boundary line of T.I.I.F. Deed #24002, thence run East along the said north boundary line of said T.I.I.F. Deed #24002 for a distance of 100 feet to the north boundary line of said Government Lot 1; thence run Southeasterly along the north boundary line of said Government Lot I for a distance of 233 feet more or less to the northwest corner of the said Block 9• thence run South along the west boundary line of the said Block 9 for a distance of 942.78 feet back to the POINT OF BEGINNING. TOGETHER WITH:. A parcel of land lying adjacent to the lands described in T.I.I.F. Deed #24002 on the Gulf of Mexico in Government Lot 1, Section 21, Township 67 South, Range 26 East, on Big Coppitt Key,Monroe County,Florida said parcel being more particularly described by metes and bounds as follows: COMMENCE at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Record: of Monroe Count Florida and run thence North and along the westerly boundary line of the. said Block 9 for a distance of 614.13 feet: thence run West for a distance of 300.00 feet; thence run North for a distance of 1062.78 feet to a point on the north boundary line of T.I.I.F. Deed #24002 as described in Official Records Boob 346 at Page 580, of the said Public Records, said point being the POINT OF BEGINNING, thence run West and along the north line of said T.I.I.F. Deed #24002 for a distance of 1331.95 feet; thence run North for a distance of 186 feet more or less to a point on the wvaterard boundary line as of July 1 1975, thence meander said waterward boundary the following twenty-four (24) courses: N 88°53'56" E, for a distance of 39.47 feet; N 65°36'56" E a distance of 71.66 feet S 88° 16'S7" E for a distance of 75.93 feet; N 77'38' 10" E a distance of 44,29 feet; S 76" 11'41" E for a distance of 76.54 feet N 88°33'56" E a distance of 82.11 feet; N 85°40'47" E for a distance of 103.42 feet; S 75°35'07" E a distance of 43.33 feet; N 77'23' 10" E for a distance of 41.16 feet; S 84°42'40" E a distance of 110.45 feet; S 87°26'54" E for a distance of 85.16 feet; S 79°07'09r" E for a distance of 28.70 feet-, N 79°46'31 °° E for a distance of 73.24 feet-, S 77°57"45" E for a distance of 41.56 feet; N 77° 13'36" E for a distance of 53.90 feet-, S 84°23'12" E for a distance of 121.58 feet., N 80°09'47" E for a distance of 54.28 feet; S 82°09'00" E for a distance of 63.88 feet; S 79°34'01" E for a distance of 42.16 feet; N 86° 10'05" E for a distance of 98.91 feet N 88°42' 12" E for a distance of 49.04 feet; S 82'4737" E for a distance of 59.12 feet; S 84' 16'22" E for a distance of 85.04 feet; S 47°39'01 E for a distance of 15.58 feet to a point, said point being the Point of Terminus of the Waterward boundary line as of July 1 1975; thence S 29°03'59" E and leaving the said Waterward boundary line as of July 1 1975 for a distance of 197.97 feet to a point, said point being 200.00 feet East of the POINT OF BEGINNING of the said T.I.I.F. Deed #24002; thence run West and along the North line of said TILE Deed #24002 and Easterly extension thereof for a distance of 300.00 feet back to the POINT OF BEGINNING. ALSO DESCRIBED AS: (Description to incorporate current Mean High Water Line as located on May 16 2013) A parcel of land being a part of Government Lot 1, Section 2J. Township 67 South, Range 26 East on Big Coppitt Icy, Monroe County, Florida described as follows: BEGINNING at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida; thence S 89°46'50" W along the south line of said Block 9 and its easterly extension being the south right-of-way line of Puerta Drive said bearing referenced to the North American Datum of 1983 (NAD 83), of the Florida State Plane Coordinate System East Zone with all subsequent bearings referenced thereto a distance of 185.00 feet thence S 4501.3'01" W 70.71 feet; thence N 89°46'50" W 135.00 feet; thence S 00°13'10" W.340.00 feet; thence N 89°46'50" W 300.00 feet thence N 00° 13'10" E 2067.13 feet to the north line of the Trustees of the Internal Improvement Trust Fund (T.LI.T.F.) Deed Number 24002; thence N 89°46'50" W along said north line, 1331.95 feet; thence N 00°13'10" E, 199.38 feet to the Mean High Water Line of the Gulf of Mexico, being coincident with the boundary of the State of Florida sovereign lands as located on May 16, 2013, having an elevation of (-) 0.1 feet of the North American Vertical Darum of 1988.NAVD 88 thence meandering.along said Mean High Water Line for the following forty-three courses and distances: S 75°10'03" E, 17.09 feet; thence N 78"39'05" E 68.25 feet; thence N 89°30' 17" E 15.01 feet; thence N 75° 15' 14" E 51.14 feet; thence S 86°12'34" E 48.68 feet; thence N 86°18'20" E 42.61 feet; thence S 78°03"36" E 20.90 feet; thence N 82°55'14" E 20.68 feet; thence S 79°58'18" E 26.68 feet; thence N 82001°16" E 34.71 feet; thence S 88°07°27" E 19.05 feet; thence S 81°24'47" E 18.37 feet; thence N 83019'58" E 37.65 feet thence N 88°17'12" E 46.14 feet; thence N 37°19'14" E 3.92 feet; thence S 82 12' 13" E 41.59 feet; thence N 81 ° 17'41" E 29.36 feet thence S 72°56'29" E 14.22 feet, thence N 85°48'46" E, 48.07 feet- thence S 89°00'58" E 37.88 feet; thence S 74®00'33" E 20.67 feet thence S 88'24'32" E 37.19 feet; thence S 84°06'55" E 54.34 feet; thence N 48°34'35" E 8.07 feet• thence S 63°55'33" E 23.21 feet; thence N 85°06'05" E 80.97 feet, thence S 87°42'46" E, 28.25 feet; thence S 87°37'50" E 46.30 feet; thence N 62°58'49" E 26.73 feet; thence S 84°54'29" E 51.82 feet; thence S 74Q52'34" E 59.48 feet thence N 58°22'57" E 39.76 feet thence S 70°02'44" E 30.75 feet; thence S 89°09'25" E 36.47 feet; thence S 81004'00" E 76.75 feet; thence S 55°35'02" E 9.83 feet; thence N 87°43'55" E 100.88 feet thence N 79°34'18" E 60.39 feet-, thence S 30'05'11" E 16.62 feet; thence N 88°49"49" E 23.02 feet, thence S 86°06'33" E 23.01 feet thence N 84446'41" E 25.37 feet; thence S 72°52'03" E 47.43 feet; thence S 28°54'25" E departing said Mean High Water Line, 2214.32 feet; thence N 89°46'50" W along the easterly extension of said T.I.I.T. . Deed Number 24002 a distance of 200.00 feet to the Point of Beginning of said Deed, said point also being on the north line of Government Lot 1; thence S 58°46'14" E along said north line, 233.35 feet to the northwest corner of said Bloch 9, thence S 00' 13' 10" W along the west line of said Block 9, a distance of 1556.91 feet to the POINT OF BEGINNING. Said lands lying and being in Government Lot 1 Section 21 Township 67 South Range 26 East on Big Coppitt Key,Monroe County,Florida containing 952,363 square feet 21.86 acres more or less. Exhibit 5 _ Proposed LUD MapAmendme Growth Management Division We strive to be caring , professional, and fair. The Monroe County Land Use District is proposed to be amended as indicated above and briefly described as: Key: Rakland Key Mile Marker: s Map Amendment #: Acreage: sz Land Use District Map #: 554 Ordinance No.: Date of Adoption: Proposal: Lantl Use l tl-Comnerclal FlsFlnc afive to Cmmcr-1 (C2)t Mpiaree Us. usVlal (I) antl Area (CGA) ( MIUn) Property Description: ooizasao-oomoo o- ®.. .. o .,.. oo�zzoeo-0000ao 00122081-000200 ooizzom-o1o110 Oot21990-OOOe00 ® o ---o 0 o ®o ® C� ' ' Exhibit 6 - FLUM Amendment Trip Generation Analysis To: Barton W. Snith, Esq. Smith Oropeza, P.L, From: Karl Peterson, P.E. Date: August 11, 2014 Subject: Rockland FLUM — Rockland Key, Florida Trip Generation Analysis Pursuant to our teleconference on Monday, July 28, 2014 we have conducted the additional trip generation analyses for the various permitted uses and land use categories, The results of these analyses are summarized below and on the following pages. Parcel Information: MCF to MC 2.50 acres I to MC 12.33 acres I to Comm 29.59 acres Total 44.42 acres or 1,934,935 square feet Trip Generation: ITE Trip Generation Manual (9* Edition) All daily 1H19 calculations are based upon average rates as, requested by the County's trqf ,fic engineering consultant. Trip Differential: Based upon the foregoing trip generation analyses, the i-naxii-nurn trip generation potential associated with the existing land use categories is 1 84,367 vehicle trips per day. The maximum trip generation associated with the proposed land use categories is 76,434 vehicle trips per day. The result of the proposed land use plan arnendment is a trip generation reduction of 7,933 vehicle trips per day. 8400 North University Drive, Suite 309, Tamarac, Florida 33321 T'el: (954) 560-7103 Fax: (954) 582-0989 industrial (light) 43,560.00 304 Industrial (heavy) 43,560.00 65 Marinas (acres) 2.58 52 Commercial Fishing (acres) 2.50 17 Manufacturing 43,560.00 166 Commercial Retail 43,560.00 1,860 Residential (DU) 2 13 Public Elementary School 43,560.00 672 *Hidd|e1r.High School 43,560.00 600 Jr./[ommunityCmOmge 43'560.00 1,197 Church 4356000 397 Day Care Center 43�,56000 3,226 Cemetery (acres) 2.5O 12 Library 43,560.00 2,450 Hospital 43,560.00 576 industrial (light) 65,340.00 455 Commercial Fishing (acms) 2.50 17 Manufacturing 65,340.00 250 Office 65,340.00 721 Commercial Retail 65,340.00 2'790 Residential (DU) 2 13 Pu6iic(Go»t Office) 65,340.00 I'824 Elementary School 65,34000 1,008 Midd|e/Jr.High School 85,340.00 900 Jr./[ummunbyCo|ege 65,340.00 1'796 Church Day Care Center 65,,34000 4,839 Cemetery (acres) 2.50 12 Library 65,340.00 3'675 Hospital 6534000 864 Parcel Trip Differential: +1,613 daily vehicle trips 161 Industrial (light) 322,256.88 2,246 Industrial (heavy) 322,256.88 483 Commercial Fishing (acres) 12-33 86 Manufacturing 322,256.88 1,231 Office 322,25&88 3,554 Commercial Retail (max of 6,880 5,000 sf per parcel) 161,128.44 Residential (DU) 12 80 Public (Gout Office) 322,256.88 8,9197 Elementary School 322,256.88 4,972 Middle/Jr. High School 322,256.88 4,441 Jr./Community College 322,256.89 8'859 Church 322,256.88 2,936 Day Care Center 322,256,88 23,866 Cemetery (acres) 12.33 58 Library 322,256.88 18,124 Hospital 322,256.88 4,260 Industrial (fight) 322,256.88 2,246 Commercial Fishing (acres) 1233 86 Manufacturing 322,256.88 1,231 office 322,256.88 3,554 Commercial Retail 322,256.88 13,760 Residential (DU) 12 80 Public (Gout Office) 322,256.88 8,997 Elementary School 322,256.88 4,972 Middle/Jr. High School 322,256.88 4,441 Jr./Community College 322,256.88 8,859 Church 322,256.88 2,936 Day Care Center 322,256.88 23,866 Cemetery (acres) 12.33 58 Library 322,256.88 18,124 Hospital 322,256.88 4,260 Parcel Trip Differential: 0 daily vehicle trips tj industrial (light) 773,364.24 5,390 Industrial (heavy) 773,364.24 1,160 Commercial Fishing (acres) 29.59 206 Manufacturing 773,364.24 2,954 Office 773,364.24 8,530 Commercial Retail (max of 5,000 sf per parcel) 386,682.12 16,511 Residential (DU) 29 193 Public (Gout Office) 773,364.24 21,592 Instit�#��atr`al. Elementary School 773,364.24 11,933 Middle/Jr. High School 773,364.24 10,657 Jr./Community College 773,364.24 21,260 Church 773,364.24 7,045 [day Care Center 773,364.24 57,275 Cemetery (acres) 29.59 140 Library 773,364.24 43,494 Hospital 773,364.24 10,224 Industrial (light) 644,470.20 4,492 Office 644,470. 20 7,109 Commercial Retail 644,470.20 27,519 Residential (DU) 0 0 Public (Gout Office) 644,470.20 17,994 Ii�sal Elementary School 644,470,20 9,944 Middle/Jr. High School 644,470.20 8,881 Jr./Community College 644,470.20 17,71.6 Church 644,470.20 5,871 Day Care Center -' 644,470.20 47,729 Cemetery (acres) 29.59 140 Library 644,470.20 36,245 Hospital 644,470.20 8,520 Parcel Trip Differential: -9,546 daily vehicle trips. in From: Arheta John «ohm.arheta@ursoom> Sent: Tuesday August lIJOl42:42Pk4 To: Koconis-Ed cc: Santamada'K4ayte;Smi1h-Pathcia; Haberman -Joe Subject: RE: Revised Trip Generation Hello Ed, Yes, I concur with your statement below regarding the impact of the maximum FAR application in the trip generation, The trip generation analysis indicates a maximum potential trip generation reduction of 7,933 vehicle trips per day. Thank you, John Arheta,P.E.IPTUE Senior Traffic Engineer/Transportation PUanner URS Corporation Southern 7800CmnQ/ess Avenue, Suite 2U0 Boca Raton, FL334Q7'l35O Office:561.gg4.6500 Direct: 561.862.1I13 Fax:56l.994.6524 From: Koconis'Ed Sent: Tuesday, August 12,2O149:58AN To: Arhet*,John Cc:Santanmaha-MoyAe; Smith -Patricia; Haberman -Joe Subject: FVV:Revised Trip Generation Please see attached. The differences from the previous August 5hversinm is that in this version the maximum FAR is used for all uses. The conclusion isthat the same uses are the maximum trip generators. only the last page which has 2939 acres going from the Industrial FUUK4 category to the Commercial FLUkA category has a change that affects the total trips. That being that the Commercial FLUM now correctly calculates the trip generation from a 0.50 FAR rather thamO.40 FAR previously, which results in the trip change from a '19'091 daily trips to -9,546 daily trips for this FLUM change and an overall change in trip generation from -17,478 daily trips to -7,933 daily trips inclusive of the entire application. Please confirm your agreement with the analysis. Thank you, We Ed Kocmmis, AICP Growth Management Permit Manager 102050 Overseas Highway Key Largo, FL 53837 Office:505453.8727 2-amnablim-1 TAME Sent: Monday, August 11, 2014 2:46 PM To: Koconis-Ed Subject: Revised Trip Generation 0 See attached. We should be good to go correct? Barton W. Smith, Esq. SMITH OROPEZA, P.L. 138 - 142 Simonton Street Key West, Florida 33040 Tel: 305-296-7227 Fax: 30S-296-8448 vvw-%,v.srnitho.ropeza,com Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Please note: This law firm may be deemed a "debt collector IT under the Fair Debt Collection Practices Act. Any and all information obtained during and from communications may be used for the purpose of collecting debt. This e-mail and any attachments contain URS Corporation confidential information that may be proprietary or privileged. It you receive this message in error or are not the intended recipient. you should not retain, distribute. disclose or use any of this information and you should destroy the e-mail and any attachments w copies,