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Item P2l T.1 R null Meeting Date: February 10, 2016 Department: Planning & Environmental. Resources Bulk Item: Yes No X Staff Contact Person/Phone #; Maytd Santamaria 289-2562 AGENDA ITEM WORDING: : 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 Ivey, Monroe County, Florida, having Real Estate Number 00120940.000100, and from Industrial (1) 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 (FLUM) amendment for the subject parcels from MCF and I to COMM and MC. The BOCC transmitted the draft ordinance: for the proposed FLUM amendment to the Florida Department of Economic Opportunity (DEC)), 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 objections 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 CRC, the applicant 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, the County's 2015 Workforce Housing Stakeholder Assessment Report, Key West's Affordable Housing White Paper dated September 14, 2015, and the requirements of Florida law. The revised proposal requested the same FLUM amendment from MCF and I to MC and COMM, but also included 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 had 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 minu-num rnix 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 proposed FLUM amendment and subarea policy were scheduled to be considered by the BOCC for adoption at the November 17, 2015 meeting. The public hearing on November 17, 2015 for above described FLUM and subarea policy was continued to the February 10, 2016 BOCC meeting because the applicant did not agree with the staff recommendation on the mix of affordable housing income categories (mix of at Least 30% median, at least 30% low, and at least 30% very low income categories). On January 1.1, 2016, the applicant provided a revised subarea proposal (included in staff report and draft ordinance) indicating an alternative for the mix of affordable housing income categories (5% median, 20% low and very low combined and 75% moderate income categories) and included other amendments in an effort to address concerns from the surrounding community members. The applicant also held a community meeting on January 14, 2016 to offer information on the proposal and hear the surrounding community's concerns/input. Staff attended the community meeting to listen to the public input. Based upon the applicant's concern of obtaining financing to develop an affordable housing project with a majority of the units as the lower income categories and the surrounding community members expressed concern with having a large composition of the lower income categories adjacent to their neighborhood, staff recommends a few edits to the applicant's proposal. Staff recommends, in an effort to provide for the existing workforce, an increase of the proposed median income category (highest income group of the lower income groups) to provide for a little more mix in affordable housing income categories. The suggestion would result in a mix of 10% median, 20% low and very low combined and 70% moderate income categories. 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 10, 2014, at a regularly scheduled meeting, the Board of County Commissioners (BOCC) adopted Resolution 4375-2014, transmitting to the state land planning agency an ordinance amending the FLUM for the subject property from MCF and I to COMM and MC. On November 17, 2015, at a regularly scheduled meeting, the Board of County Commissioners continued the public hearing for the proposed zoning amendment from CFA and 1 to COMM and MU (and the corresponding FLUM & subarea policy) to February 10, 2016. CONTRACT/AGREEMENT RECOMMENDATIONS:STAFF Approval INDIRECTTOTAL COST: r BUDGETED: ,rW a D1 114 phill,ai .a k COST 1 W ♦ SOURCE O FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County A.tty o OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required_ Wr r 2 3 4n 5 6 ORDINANCE NO. -2016 7 8 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 9 COMMISSIONERS AMENDING; THE MONROE COUNTY LAND USE 10 DISTRICT (ZONING) MAP FROM INDUSTRIAL (I) AN 11 COMMERCIAL FISHING AREA (CFA) TO MIXED USE (MU), FOR 12 PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9, 13 DESCRIBED AS A PARCEL OF LAND IN SECTION 21, TOWNSHIP 67 14 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, MONROE COUNTY, 15 FLORIDA, LAYING REAL ESTATE NUMBER 001200.000, AND 16 FROM NDUST IAL (I) TO COMMERCIAL 2 (C2) FOR PROPERTY 17 LOCATED AT APPROXIMATE MILE MARKER 9, DESCRIBED A 18 FOUR PARCELS OF LAND IN SECTION 21, TOWNSHIP 67 SOUTH, 1.9 RANGE 26 EAST, ROCKLAND KEY, MONROE COUNTY, FLORIDA, 20 HAVING REAL ESTATE NUMBERS 001.2200.000000, 0012201.00200, 21 00122010.000000 AND 00121990.000000, AS PROPOSED BY ROCKLAND 22 OPERATIONS, LLC AND ROCKLAND COMMERCIAL CENTER, INC.; 23 PROVIDING FOR SEVE - A ILITY; PROVIDING FOR REPEAL OF 24 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 25 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 26 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE 27 DISTRICT (ZONING) AP; PROVIDING FOR AN EFFECTIVE DATE. 28 29 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 (I) 33 and Commercial Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5) 34 parcels located on Rockland Ivey and Big Coppitt Ivey, having real estate numbers 35 00122080.000000, 00122081,000200, 00122010.000000, 00121990,000000, and 36 00120940.0001.00; 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 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 DNL (Day -Night 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 -Night Average Sound Level) noise contours; and 5 6 WHEREAS, at a regularly scheduled meeting on 17Ch day of November, 2015, the 7 BOCC continued the public hearing to consider adoption of the proposed FLUM amendment and 8 subarea policy because the applicant did not agree with staff recommendation on the mix of 9 affordable housing income categories (mix of at least 30% median, at least 30% love, and at least 10 30% very low income categories); and 1] 12 WHEREAS, On January 11, 2016, the applicant provided a revised subarea proposal 13 indicating an alternative for the mix of affordable housing income categories and included other 14 amendments in an effort to address concerns from the surrounding community members; and 1.5 16 WHEREAS, based upon the applicant's concern of obtaining financing to develop an 17 affordable housing project with a majority of the units as the lower income categories and the 18 surrounding community members expressed concern with having a large composition of the 19 lower income categories adjacent to their neighborhood, staff recommends in effort to provide 20 for the existing workforce, an increase of the proposed median income category (highest income 21 group of the lower income groups) to provide for a little more mix in affordable housing income 22 categories. The suggestion would result in a mix of 10% median, 20% low and very low 23 combined and 70% moderate income categories; and 24 25 WHEREAS, the Monroe County Development Review Committee considered the 26 proposed Land Use District (Zoning) reap amendment at a regularly scheduled meeting held on 27 the 25Ih day of August, 2015; and 28 29 WHEREAS, the Monroe County Planning Commission held a public hearing on the 301h 30 day of September, 2015, for review and recommendation on the proposed Land Use District 31 (Zoning) map amendment; and 32 33 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P31-15 34 recommending adoption of the proposed amendment; and 35 36 WHEREAS, at a regularly scheduled meeting on 17"' day of November, 2015, the 37 BOCC continued a public hearing to consider adoption of the proposed Land Use District 38 (Zoning) map amendment; and 39 40 WHEREAS, at a regularly scheduled meeting on l0`h day of February, 2016, the BOCC 41 held a public hearing to consider adoption of the proposed Land Use District (Zoning) map 42 amendment; and 43 44 WHEREAS, based upon the documentation submitted and information provided in the 45 accompanying staff report, the BOCC makes the following Findings of Fact: 2 I 1. Prior to the 1986 adoption of the County's current land development regulations and 2 their associated land use district maps, the subject parcels were within GU (General 3 Use) and BU-2 (Medium Business Use) zoning districts; and 4 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted 5 for all areas of the unincorporated county. On sheets 563 and 564 of the Land Use 6 District Map, the subject parcels are within Commercial Fishing Area (CFA) and 7 Industrial (1) Land Use Districts; and 8 3. Map amendments to the Monroe County Land Use District Map shall not be 9 inconsistent with the provisions and intent of the Monroe County Comprehensive 10 Plan; and 11 4. Monroe County Code (MCC) § 102-1.58 states that map amendments are not intended 1.2 to relieve particular hardships, nor to confer special privileges or rights on any 1.3 person, nor to permit an adverse change in community character, analyzed in the 14 Monroe County Comprehensive Plan, but only to make necessary adjustments in light 15 of changed conditions or incorrect assumptions or determinations as determined by 16 the findings of the BQCC; and 17 5. MCC §102-158(d)(5)(b) provides that one or more of the following criteria must be 18 met for a map amendment: 19 a. Changed projections (e.g., regarding public service needs) from those on which 20 the text or boundary was based; 21 b. Changed assumptions (e.g., regarding demographic trends); 22 c. Data errors, including errors in mapping, vegetative types and natural features 23 described in volume I of the plan [the Comprehensive Plan]; 24 d. New issues; 25 e. recognition of a need for additional detail or comprehensiveness; or 26 f. Data updates; and 27 28 6. Map amendments to the Monroe County Land Use District Map shall not be 29 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 30 Critical State Concern; and 31 32 WHEREAS, based upon the documentation submitted and information provided in the 33 accompanying staff report, the Board mares the following Conclusions of Law: 34 35 1. The proposed reap amendment is consistent with the provisions of the Monroe 36 County Code:. 37 a. As required by MCC § 102-158, the map amendment does not relieve particular 38 hardships, nor confer special privileges or rights on any person, nor permit an 39 adverse change in community character, as analyzed in the Monroe County Year 40 2010 Comprehensive Plan; 41 b. As required by MCC §102-158(d)(5)b., the map amendment is needed due to 42 changed assumptions and new issues; and 43 44 2. The proposed map amendment is consistent with the provisions and intent of the 45 Monroe County Year 2010 Comprehensive Plan: 3 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 47 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 Mate Concern; COMMISSIONERSNOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY rtCOUNTY,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 (I) 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. The Land Use (Zoning) District map amendment is contingent on adoption and effectiveness of the corresponding FLUM amendment, including the proposed Comprehensive Plan text amendment establishing subarea Policy 107.1.6 to provide limitations on development and specific restrictions. Section 2. Severability. 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 to the Florida State Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). Section S. Filing.. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until approved by the Florida State Land Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes. Section 6. Inclusion on the Monroe County Codes Official Land Use District Map. The provisions of this Ordinance shall be included and incorporated on to the Official Land Use District Map of Monroe County. 4 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 Section 7. 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 , 2016. (SEAL) ATTEST: AMV HEAVILIN, CLERK. Mayor Heather Carruther Mayor ,Pro Tent s George Neugent Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy Mayor Heather Carruthers ragg r 4- �,f 5 nxhibit 1 to- Ordinance# -2016 ft" CFA & I to MU . ...... . . . UUNA LN -'-,V/ET47ANA-LN TiRTX'DR 001220801-000000 I to C2 F AVE G, AVE SHCRE AVE SV 00122081-000200 I to t2 A 00122010-0006,00 Ito C2- 0,0121990-000000 I to C2 The Monroe County Land Use Map is amend as indicated above. I 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). PLANNINGMONROE COUNTY ENVIRONMENTAL RESOURCEs DEPARTMENT Westrive to r;..x caring, professionalandfair To: Monroe County Board of County Commissioners From: Mayt6 Santamaria, Senior Director of planning & Environmental Resources Date: January 25, 2016 Subject: REQUEST BY ROCKLAND OPERATIONS, LLC AND ROCKLAN COMMERCIAL INC.• AMEND THE LAND USE DISTRIC (LUD) MAP OF THE NROE COUNTY LAND DEVELOPMENT COD r INDUSTRIAL #AND COMMEFISHING RCIAL • r COMMERCIAL FOR FIVE PARCE LOCATED ON ROCKLAND KEY AND BIG COPPITT KEY • • Meeting: February 10, 2016 — continued from 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 Cade 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 0012094.0.000100 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 10, 2014 (see Exhibit 1). Pile # 2012-069 Page 1 of 14 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, 00122010.000000, 00121990.000000 (Rockland Key) and 001.20940.000100 (Big Coppitt Key) Owner/Applicant: Dockland 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 (I) Tier Designation: majority Tier III; small portion (half acre) Tier I Flood Zones: AE - EL 10; VE - EL 12; VE - EL 14; VE - EL 16 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 14 The Big Coppitt portion of the subject property (RE# 00120940.000100) currently has LUD (Zoning) designations of Commercial Fishing Area (CFA) and Industrial (I), and FLUM 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 (I) and a FLUM designation of Industrial (1). 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 Plan's FLUM in 1997, the Big Coppitt portion of the subject property was given its current FLUM designations of MCF and I. 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 I. According to the boundary survey provided by the applicant, the total upland area of the subject property is 44.42 acres (1,925,787 F); 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)s) Estate Location FLUM FLUM Zoning Tier (upland acres Number (Key) per: survey) Dockland 00120940 I I Operations, -0001.00 Big Coppitt &. MCF MC Tier 111 & CFA 14.83 LLC Subtotal: Big Coppitt portion of property 14.83 acres Dockland 00122010 Commercial _000000 Dockland I Comm I Tier 111 3.18 Center Inc. Dockland 00121990 3.05 Commercial _000000 Dockland 1 Comm I Tier III Center Inc. Dockland 00122080 Tier III Operations, -000000 Rockland I Comm I & 18.87 LLC Tier I Dockland 00122081 Operations, -000200 Rockland I COMM I Tier 111 4.49 LLC Subtotal: Rockland Key portion of property 29.59 acres Total. Upland Acreage 44.42 acres File # 2012-069 Page 3 of 14 i M •',. 1 At its regularly scheduled meeting on August 25, 2015, the Monroe County Development Review Committee reviewed and discussed the proposed LUD snap 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 PLUM amendment for the subject property (File #2012-06 & 2015-11.4-- 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). Existin- FLUM resignation Proposed FLUM Designation, 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 objections 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 snakes the argument that housing in Monroe county is in short supply, the coast 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 accoininodate a multi family affordable housing development project of significant size. However, there is File # 2012-069 Page 4 of 14 nothing in the amendment which provides assurance that any future residential development on this property will be 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 ORC, the applicant 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), Key Nest's Affordable Housing White Raper dated September 14, 2015 (Exhibit 6), and the requirements of Florida law. The revised proposal requested the same FLUM amendment from MCF and I to MC and COMM, but also included a Comprehensive Flan text amendment, to be adopted simultaneously to respond to the ORC objections, 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 had 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 minirnum 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 -Might 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 text amendment to the Monroe County Year 2010 Comprehensive flan, as presented at the November 17, 2015 public hearing reads. and Specific Restrictions Development in the Big Coppitt Mixed Use Area 1 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 housing only with a minimum mix of at least 30% median, at least 30%d 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 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. File # 2012-069 Page 5 of 14 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 legally described as:.... [LEGAL DESCRIPTION TO FOLLOW]. The public hearing on November 17, 2015 for this item was continued to the February 10, 2016 BOCC meeting because the applicant did not agree with staff recommendation on the mix of affordable housing income categories (mix of at least 30% median, at least 30% low, and at least 30% very low income categories). On January 11, 2016, the applicant provided a revised subarea proposal indicating an alternative for the mix of affordable housing income categories and included other amendments in an effort to address concerns from the surrounding community members (revised draft provided below and attached as Exhibit 11). Applicant recommendation: i Restrictionsand Specific Development in the Bi- Coppitt Mixed Use Area 1 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 Co itt Mixed Use Area 1 shall be restricted to affordable housing only (with a minimum mix of at least 5% median, and at least a 20% combination of low, �� at least 30%—,very low income categories) and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe County Code of Ordinances. 2. There shall be no nonresidential uses. Accessory uses to the residential development, such as a club house or recreational activities are per itteda 3. There shall be no market rate or transient residential units. Ll. There 4. . There shall be no dredginc,, y e sha.. be nolightdu,:m uses. 5 £—All habitable buildings located within the 65-69 DNL (Day -Night Average Soured Level) noise contour pursuant to the 2013 Navy Environmental In-lpact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 25 decibels. 6.-7-. No residential buildings shall be located within the 70-74 DNL. File 4 2012-069 Page 6 of 14 1 i i N `M i i f M 1 EWIMM _1'. • - ��.+.a.a ��ss.a '.s sr...ii:.a�:r5�sria.ria: r.'t � s:�,.�Q.c'..a�..�. The Big, Coppitt Mixed Use Areal with Real Estate No. 0012040-0001.00 is approximately 14.8 acres of vacant land and is legally described as:.... Additionally, the applicant held a community meeting on January 1.4, 2016 to offer information on the proposal and hear the surrounding community's concerns/input. Staff attended the community meeting to listen to the public input. Based upon the applicant's concern of obtaining financing to develop an affordable housing project with a majority of the units as the lower income categories and the surrounding community members expressed concern with having a large composition of the lower income categories adjacent to their neighborhood, staff recommends a few edits to the applicant's proposal. Staff recommends, in an effort to provide for the existing workforce, an increase of the proposed median income category (highest income group of the lower income groups) to provide for a little more mix in affordable housing income categories. The suggestion would result in a mix of 10% median, 20% low and very low combined and 70% moderate income categories. Staff also recommends maintaining provision #8 of the subarea policy to ensure the proposal is consistent with the Navy Air Installation Compatibility Use Zones ("AICUZ") Land -Use Compatibility Recommendations. Staff recommendation: and Specific Restrictions Development in the Big Coppitt Mixed Use Area I shall be sublect to regulations applicable to the Mixed Use/Commercial (MC) 'utule 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 10% median- and at least a 3020% combination of low} and at least 240 very low incorn categories} and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe County Code of Ordinances. 2. There shall be no nonresidential uses. Accessory uses to the residential development. such as a club house or recreational facilities are permitted. 3. There shall be no market rate or transient residential units. .5-Therc shall be no dredging. 5. There shall be -no., i .1 dustr-la. Uses File # 2012-069 Page 7 of 14 5.6—. A,ll habitable buildings located within the 6 -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 Deduction of at least 25 decibels. 6.-7-. No residential buildings shall be located within the 70-74 DNL. 7. Any development located within the Big Copl2itt Mixed Use Area 1 shall not utilize erta Drive for ingress and egress. 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 Teal Estate No. 00120940-000100 is approximately 14.8 acres of vacant land and is legally described as:.... All three options for the proposed subarea policy are included in the ordinance for the BOCC's consideration, direction and decision on the proposed amendment. The revised FLLM 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 BCCC at their regularly scheduled meeting on February 10, 2016. 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 163.31.94 and 1.63.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. AllocatedA. Maximum Density Big Coppitt portion of property Existing 1,11_TD Type Adopted Standards Development Potential Commercial Fishing Residential Allocated Density 3 dulacre 7.5 du Area (CFA) Residential Max Net Density 12 dulbuildable acre 24 du 2.50 acres Transient. Allocated Density 0 rooms/spaces/acre 0 roorns/spaces (108,900 SF) Nonresidential Maximum Intensity 0.40 FAR 43,560 SF Industrial (1) Residential Allocated Density Residential Max Net Density 1 du 2 du/buildable acre 1.2.3 du 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 Subtotal Residential Allocated Density residential Max. Net Density 19.8 du 43.7 du 14.83 acres Transient Allocated Density 4 rooms/spaces (645,994 SF) Nonresidential: Maximum Intensity 258,397 SF File # 2012 069 Page 8 of 14 Proposed LUD Type Adopted Standards Development Potential Residential Allocated Density I du/acre 0 market ratell* Mixed Use (MU) Residential Max Net Density 18 du/buildable acre 213.6 du* 14.83 acres Transient Allocated Density 10 rooms/spaces/acre (645,994 SF) 0 transient ** 259,397-W Nonresidential Maximum I 0.40 FAR 0ntensity W" Rockland Key portion of property Existing LUD Type Adopted Standards Development Potential Residential Allocated Density I 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 rooms/spaces (1,288,940 SF) Nonresidential Maximum Intensity 0.40 FAR 515,576 SF Proposed LUD Type Adopted Standards Development Potential Commercial 2 Residential Allocated Density 0 du/acre 0 du (C2) Residential Max Net Density 0 du/buildable acre 0 du 29.59 acres Transient Allocated Density 0 room s/spaces/acre 0 rooms/spaces (1,288,940 SF) Nonresidential Maximum Intensity 0.50 FAR 644,470 SF Total Site Development 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 Residential Allocated Density 14.8 du* Proposed LUD 0 inarket rate Total Residential Max Net Density 213.6 du* 44.42 acres Transient Allocated Density 4483-roomskpaees* 0 transient ** (1,925,787 SIT) "ZS67-SF Nonresidential Maximum Intensity 644,470 SF*11 Net Change in Total Site Total Site with Proposed Subarea Policy Development Market Rate Residential: (-34.6) du* Market Rate Residential: k-34-.6)-du* 0 du Potential Affordable Residential (max net): +122.6 du* A f fordable Residential (max net): +122.6 du* Total Site Transient: +148.3 rooms/spaces Transient: no-ehaiW* 0 du �'* Nonresidential: +128,894 SF Nonresidential: +1284,04-(429,503) SF *Based on the proposed Comprehensive Plan text amendment which will accompany the corresponding FLUM amendment, a subarea policy for the Big COppiLt 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 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. **Applicant's proposed revision to the subarea policy eliminates all potential for nonresidential uses, market rate and transient residential uses. File -# 2012-069 Page 9 of 14 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 Cade 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 both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity cif the parcel proposed for development. As shown in the table above, the proposed LUD map amendment in zero density for market rate residential development; an increase in overall potential residential development (under max net density for affordable housing) of 122.E dwelling units; zero density for transient unit development o; and a decrease in overall potential nonresidential development of 129,503 square feet of floor area. 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 I to the south is vacant wetlands. Almost the entire site has a tier designation of Tier 111. 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 -rock, 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. Traffic Circulation (Policy 301.1.1) According to the 2015 US, I Arterial. Travel Time and Delay Study, at the present time, US l is operating overall at a Level of Service (LDS) 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 Pine 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. • Segment 2 Boca Chica +L/D) Key Haven Blvd. to Rockland Dr. (5,167 Reserve Trips) — LOS A • Segment 3 Big Coppitt (2-L/U) Rockland Dr. to Boca Chica Rd. (1,292 Reserve Trips) — LDS B File # 2012-069 Page 10 of 14 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. ] ) FKAA's 'Water 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 (RO) treatment plant. There are also two saltwater Reserve Osmosis (RO) 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 1.7.62 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 map 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 reap 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 flow is 0.130 MGD and therefore the plant has sufficient capacity for the increase in development potential associated with the proposed map amendment. File # 2012-069 Page 11 of 14 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 101.4: 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 take 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 101.4.21 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. In order to protect environmentally sensitive lands, the following development controls shall apply to all Tier I lands within this land use category: File # 2012-069 Page 12 of 14 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 I UYUIe Land Use Category Y Allocated Density (b) Maximo n Net Density (a)(v) (i MaX19nU1Tl Intensity And Corresponding Zoning (per acre) (per buildable acre) (floor area ratio) Commercial (COMM 0 du N/A 0.1.5-0.50 (CI and C2 zoning) 0 rooms/spaces NIA Mixed Use/Commercial (MC)(" oa 0.10-0. 5 (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) L. Consistency with the provisions and intent of the Monroe County Code Land Development Code In accordance with MCC §1.02-158(d)(5), the BOCC may consider the adoption of an ordinance enacting the proposed change based can 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; N/A 2. Changed assumptions (e.g., regarding demographic trends); The proposed LUD map amendment is necessary to be consistent with the propose 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 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 FLUM amendment changes File # 2012-069 Page 13 of 14 the FLUM 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. Mote, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Flan. 5. Recognition of a need for additional detail or comprehensiveness; or N/A 6. Data updates; N/ Staff recommends approval of the proposed amendment to the Land Use District 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 Ivey and Big Coppitt Ivey, having real estate numbers 00122080,000000, 00122081.000200, 00122010,000000, 00121990.000000, and 00120940.000100, contingent on adoption and effectiveness of the corresponding FLUM 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; eliminate all potential for market rate permanent residential and/or transient uses on the site; allow residential accessory uses; eliminate all potential nonresidential uses on the site; 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. BOCC 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 # 2412-069 Pa.-e 14 of 14 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. 163.31 84(4), P.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other reviewing Agencies as defined in Sec, 163.3184(1)(c), P.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, RESOLVED BY THE BOARD COMMISSIONERS OF MONROE COUNTY, FLORIDA: P. f 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 13 14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 15 Florida, at a regular meeting held on the I Oth day of December, 2014. 16 17 Mayor Danny L. Kolhage IC5L 18 Mayor Pro Tern Heather Carruthers CC, 19 Commissioner George Neugent ns -)o Commissioner David Rice 21 Commissioner Sylvia Murphy 22 23 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 33 34 Deputy Clerk 36 P. 2 of 2 33 WHEREAS, Rockland Operations, LLC and Rockland Commercial Center, Inc. 34 submitted an application for a Future Land Use Map amendment from 1-ndUStFial (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'h 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- 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 3) 7 38 39 40 41 42 43 44 45 I . 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 Mon -roe 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 Oth 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 (CRC) Report on 2015, which did not identify any issues with the proposed amendment; and I WHEREAS, the OR report states and as a response to the CRC Report, Monroe County NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section I. 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 12 13 14 15 16 17 18 19 70 21 22 23 24 25 26 27 28 29 31 30 32 33 34 35 36 .37 38 39 40 41 42 43 44 45 46 HHOWL Use/Commercial (MC), as shown on Exhibit 1; which is attached hereto and incorporated herein. Section 2. SeverahijilL 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. Reveal of Inconsistent Provi ions. 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 163i and 380, Florida Statutes. Section 5. Filing and '�'JffectiveDate . This ordinance shall be filed in the Of 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. Inclusio �he Siv 'an. The Future Land Use Map amendment shall be in the Co " e nMutuorep�Land Use Map of the Monroe County Year t�cooWatedmin �th 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, 1 1 (SEAL) ATTEST: AMY HEAVILIN, CLERK R898MMKIRM, Mayor Danny L. Kolhage Mayor Pro ienz Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy RIPA The Monroe County Future Land Use Map is amendei'r as indicated above. •C• - -_. and Mixed • -_ .. III m,,-- ToOfficial MATCH To 5A7 MATCH TO W rz r p w ) 4 s� 00 31 0-4 +d y >A 'W ! i I � ' Y I 4 4 I I MATCH TO 548 s 6 MONROE COUNTY, "L A 7 PLANNING COMMISSION ESOLUTI N NO. P31-15 s 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) MAP 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 2 1, TOWNSHIP 17 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, MONROE 19 COUNTY, FLORIDA, HAVING DEAL ESTATE NUMBER 19 00120940.000100, AND FROM INDUSTRIAL (I) TO COMMERCIAL 2 20 (C2) FOR PROPERTY LOCATED AT APPROXIMATE MILE 21 MARKER 9, DESCRIBED AS FOUR PARCELS OF LAND I 22 SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCILAND 23 KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE 24 NUMBERS 00122080.000000, 00122081.000200, 00122010.000000 25 AND 00121990.000000, AS PROPOSED BY ROCILAND 26 OPERATIONS, LLC AND ROCKLAND COMMERCIAL CENTER, 27 INTC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 28 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, 201.5, Rockland Operations, LLC and Rockland 36 Commercial Center, Inc. submitted a letter requesting to update and process all application 37 submitted on May I8, 2012 for a Land Use District (Zoning) ramp arnendnnent from Industrial (I) 3s and Commercial Fishing Area ( FA) to Con rnercial 2 (C2) and Mixed Use (MU) for five (5) 39 parcels located on Rockland Ivey and Big Coppitt Ivey, having real estate numbers 40 0012080.000000, 001.22081.000200, 00122010.000000, 00121990.000000, and 41 00120940.000100; and 42 43 WHEREAS, the Monroe County Development Review Committee considered the 44 proposed Land Use District (Zoning) snap amendment at a regularly scheduled meeting held on 45 the 25`h day of August, 2015; and 46 Resolution #P31-15 File #2012-069 Page 1 of 4 I WHEREAS, the Monroe County Planning Commission held a public hearing on the 301h 2 day of September, 2015, for review and recommendation on the proposed Land Use District 3 (Zonin.g) 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: 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 1 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 is 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 inforn-iation and documentation submitted, the Planning 24 Commission makes the following 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 1 U-2 (Medium Business Use.) zoning districts; and -,9 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 34 (FLUM) amendment for the subject parcels from Mixed Use/Commercial Fishing 35 (MCF) and Industrial (1) to Mixed Use/Com.mercial (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 an 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 6a 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); g zt� 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 E Data updates; and 15 16 T Map amendments to the Monroe County Land Use District Map shall not be 17 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 18 Critical State Concern; and 19 20 WHEREAS, based upon the information and documentation submitted, the Planning ZI 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 29 201.0 Comprehensive Plan; 30 b, As required by MCC §102-158(d)(5)b., the reap an-iendment is needed due to 31 changed assumptions and new issues; and 32 33 2 The proposed rnap amendment is consistent with the provisions and intent of the 34 Monroe County Year 2010 Comprehensive Plan: 35 36 a. The Mixed Use (MUj 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 (CI) Land Use (Zoning) Districts are 41 consistent with the purposes of the Mixed Use/Cornmercial (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-e 3 ol'4 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 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 reconuriend 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 (I) and Cominercial 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 FLUM 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. k, Denise Werling, Chair Yes William Wiatt, Commissioner —Yes Beth Ramsey-Vicki-ey. Comi-nissioner —Yes Elizabeth Lustbura, Commissioner Absent® Ron Miller, Commissioner Yes DeniseCOMMISSION OFMqNROE COUNTY, FLORIDA By Denise Werling, Chair Signed this �l "r_1 d, -137 Of - s— Monroe County LOM Resolution) #P31-15 File 42012-069 ning CorimlissWAttorney FILED WffH THE NOV 2015 AGENCYCLERK Page 4 of 4 35 WHEREAS, Rockland Operations, LLC and Rockland Commercial Center, Inc. 36 submitted an application for a Future Land Use Map amendment from Industrial (1) to 37 Commercial (COMM) and from Mixed Use/Commercial Fishing (MCF) and Industrial (I) to 38 Mixed Use/Commercial (MC); and 39 40 WHEREAS, the Monroe County Development Review Committee considered the 41 proposed amendment at a regularly scheduled meeting held on the 29th day of April, 2014; and 42 43 WHEREAS, the Monroe County :planning Commission held a public hearing on the 271h 44 day of August, 2014, for review and recommendation on the proposed Future Land Use Map 45 amendment; and 46 �1 . f 1 WHEREAS, the Monroe County Planning Commission made the following findings of 2 fact and conclusions of law: 3 1. The proposed FLUM is not anticipated to adversely impact the community character of 4 the ,surrounding area; and 5 6 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan 7 adopted Level of Service; and 8 9 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the 10 Monroe County Year 2010 Comprehensive Plan; and 11 12 4. The proposed amendment is consistent with the Principles for Guiding Development for 13 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute; 14 and 15 16 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and 1.7 18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P39-14 19 recommending transmittal of the proposed amendment; and 20 21 WHEREAS, at a regular meeting held on the 101h day of December, 2014, the Monroe 22 County Board of County Commissioners held a public hearing to consider the transmittal of the 23 proposed amendment, considered the staff report and provided for public comment and public 24 participation in accordance with the requirements of state law and the procedures adopted for 25 public participation in the planning process; and 26 27 WHEREAS, at the December 10, 2014, public hearing, the BOCC adapted Resolution 28 375-2014, transmitting the amendment to the State Land Planning Agency; and 29 30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 31 Objections, Recommendations and Comments (ORC) report, received by the County on March 32 23, 2015; and 33 34 WHEREAS, the ORC report identified objections regarding increased potential 35 residential development on the Big Coppitt portion of the property, and pointed out that although 36 the applicant claims the proposed FLUM amendment will provide some relief to the affordable 37 housing shortage currently faced by the County, there is no guarantee the site will be used for 38 affordable housing; and 39 40 WHEREAS, the ORC report specifically states: The applicant makes the argument that 41 housing in Monroe county is in short supply, the cast of that housing is too high and therefore, 42 this amendment adds to the available affordable Housing by re -designating 14.83 acres to mixed 43 use which can accommodate a multi -family affordable housing development project of 44 significant size. However„ there is nothing in the amendment which provides assurance that any 45 future residential development on this property will be for affordable housing; and 46 2 Z11i I WHEREAS, the ORC report recommended that the BOCC either not adopt the 2 amendment, or revise the amendment to allow uses other than residential uses; and 3 4 WHEREAS, normally, the County has 180 days from the date of receipt of the ORC to 5 adopt the FLUM amendment, adopt the FLUM amendment with changes or not adopt the FLUM 6 amendment, which would have given the BOCC a deadline of September 19, 2015; and 7 8 WHEREAS, the County requested and was granted an extension to the deadline from 9 DEO, which gives the BOCC a new deadline of March 15, 2016 to adopt the FLUM amendment, 10 adopt the FLUM amendment with changes or not adopt the FLUM amendment; and 11 12 WHEREAS, in response to the ORC, the applicant prepared a revised proposal for the 13 FLUM amendment based on the ORC report, additional data and analysis, and the requirements 14 of Florida law. The revised proposal requested the same FLUM amendment from MCF and I to 15 MC and COMM, but also included a Comprehensive Plan text amendment, to be adopted 16 simultaneously to respond to the ORC objections, establishing a subarea policy for the Big 17 Coppitt portion of the property restricting any residential use on the subject property to only 18 affordable housing; and 19 20 WHEREAS, staff had also recommended including the following restrictions to the 21 proposed subarea policy: restricting any residential use on the subject property to affordable 22 housing only (with a minimum rnix of at least 30% median, at least 30% low, and at least 30% 23 very low income categories); eliminating all potential for market rate permanent residential 24 and/or transient uses on the site; prohibiting new marinas; prohibiting dredging; prohibiting light 25 industrial uses; prohibiting residential buildings in the 70-74 DNL (Day -Night Average Sound 26 Level) noise contour; and requiring sound attenuation for any habitable buildings located within 27 the 70-74 and 65-69 DNL (Day -Night Average Sound Level) noise contours; and 28 29 WHEREAS, at a regularly scheduled meeting on 17"' day of November, 2015, the 30 BOCC continued the public hearing to consider adoption of the proposed FLUM amendment and 31 subarea policy because the applicant did not agree with staff recommendation on the mix of 32 affordable housing income categories (mix of at least 30% median, at least 30% low, and at least 33 30% very low income categories); and 34 35 WHEREAS, On January 11, 2016, the applicant provided a revised subarea proposal 36 indicating an alternative for the mix of affordable housing income categories and included other 37 amendments in an effort to address concerns from the surrounding community members; and 38 39 WHEREAS, based upon the applicant's concern of obtaining financing to develop an 40 affordable housing project with a majority of the units as the lower income categories and the 41 surrounding community members expressed concern with having a large composition of the 42 lower income categories adjacent to their neighborhood, staff recommends in effort to provide 43 for the existing workforce, an increase of the proposed median income category (highest income 44 group of the lower income groups) to provide for a little more mix in affordable housing income 45 categories. The suggestion would result in a mix of 10% median, 20%© low and very low 46 combined and 70% moderate income categories. IF 1M r • I . e i 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 NOW, i'` ORDAINED BY THE BOARD OF i COMMISSIONERS i' iCOUNTY,i 1 Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Flan 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 (COMM), and a parcel of land on Big Coppitt Key, having real estate number 00120940-000000 is changed from Mixed Use/Commercial Fishing (CF) and Industrial (1) to Mixed Use/Commercial (MC), as shown on Exhibit 1, attached hereto and incorporated herein. Section 2. The text of the Monroe County Year 2010 Comprehensive Flan is hereby amended as follows: 111111 iris ill Development in the Bill Coppitt Mixed Use Area 1 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 housing only (with a minimum mix of at least 30% median, at least 30 Q 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 Ordinances. 2. There shall be no market rate or transient residential units. 3. There shall be no new marinas. 4. There shall be no dred ipL. 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 2 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 legally described as: 4 IMM 9 10 11 12 13 and S• Restrictions Development in the Big Coppitt Mixed Use Area 1 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: I. residential units developed on the Big Coppitt Mixed Use Area 1 shall be restricted to affordable housing only (with a minimum mix of at least 5% median and at least a 20% combination of low, very low income categories) and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe County Code of Ordinances. 2. There shall be no nonresidential uses, Accessary uses to the residential development, such as a club house or recreational activities are .permitted. 3. There shall be no market rate or transient residential units. 4. There shall be no dredging. 5. All habitable buildings located within the 65-69 DNL f 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. 6. No residential buildings shall be located within. the 70-74 DNL. 7. Any development located within the Big Coppitt Mixed Use Area 1 shall not utilize Puerta Drive for ingress and egress. The Big Coppitt Mixed Use Area 1 with real Estate No. 00120940-000100 is approximately 14.8 acres of vacant land and is legally described as: 5 1} 2 3' `'l' 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 Policy 107.1.6 Pig Coppitt Mixed Use Area 1 -To Provide Limitations on evelo meat and Specific Restrictions Development in the Big Coppitt Mixed Use Area 1 shall be subject to regulations applicable to the Mired 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 housing only (with a minimum mix of at least 10% median; and at least a 20% combination of low -very low income categories) and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe County Code of Ordinances, 2. There shall be no nonresidential uses. Accessory uses to the residential development, such as a club house or recreational facilities are permitted. 3. There shall be no market rate or transient residential units. 4. There shall be no dredging. 5. All habitable buildings located within the 65-69 DNL (Day -Night Average Sound Level) noise contour pursuant to the 2013 Navy Environmental h-n act Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 25 decibels. 6. No residential buildings shall be located within the 70-74 DNL. 7. Any development located within the Big Coppitt Mixed Use Area 1 shall not utilize Puerta Drive for ingress and egress. 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 legally described as: 0 2 PARCEL "A" 3 A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records of 4 Monroe County, Florida being a hart of Government Lot 1, Section 21, Township 67 South, 5 Range 26 East on Big Copitt Key,_ Monroe County, Florida described as follows: 7 BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to 8 the Mat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, 9 Florida and run thence South a distance of 390 feet; thence run West for a distance of 300 feet- 10 thence run forth for a distance of 1004.13 feet; thence run East for a distance of 300 feet to a 11point; thence run South for a distance of 614.13 feet back to the POINT OF BEGINNING. 12 13 TOGETHER WITH: 14 1.5 PARCEL "B" 16 A parcel of land m described in Official Records Book 1884, Page 1226 of the Public Records of 17 Monroe County,. Florida being a part of Government Lot 1, Section 21, Township 67 South, 18 Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows: 19 BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to 20 the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe Count 21 Florida and run thence East a distance of 185 feet to a point; thence South 45 degrees, 00 22 minutes, 00 seconds `Vest a distance of 70.71 feet to a point, thence West a distance of 135 feet 23 to a point, thence at right angles North 50.0 feet to the said southwest corner of said Block 9 and 24 the POINT OF BEGINNING. 25 26 TOGETHER WITH: 27 28 PARCEL "C" 29 A parcel of land as described in Official Records Book 2237 Page 2259 of the Public Records of 30 Monroe County,Florida being a part of Government Lot 1 Section 21,.Township 67 South 31 Range 26 East on Big Coppitt Key,Monroe County, Florida described as follows: 32 COMMENCE at the southwest corner of Block 9 of "GULFREST PARK Plat No. 2" according 33 to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe 34 County, Florida and run thence North for a distance of 614.13 feet to the POINT OF 35 BEGINNING of the parcel of land herein being described; thence run West for a distance of 300 36 feet to apoint-, thence run North for a distance of 1063 feet more or less to a point on the north 37 boundary line of T.M.F. Deed #24002• thence run East along the said north boundary line of said 38 T.I.I.F. Deed #24002 for a distance of 100 feet to the north boundary line of said Government 39 Lot 1; thence run Southeasterly along,the north boundary line of said Government Lot 1 for a 40 distance of 233 feet more or less to the northwest corner of the said Block 9• thence run South 1 along the west boundary line of the said Bloch 9 for a distance of 942.78 feet back to the POINT 2 OF BEGINNING. 4 TOGETHER WITH: 6 PARCEL "D" 7 A parcel of land lying adjacent to the lands described in T.I.I.F. Deed #24002 on the Gulf of 8 Mexico in Government Lot 1 Section 21 Township 67 South Range 26 East on Big Coppitt 9 Ivey, Monroe County Florida, said parcel being more particularly described by metes and 10 bounds as follows: 11 COMMENCE at the southwest corner of Block 9 of "GULFREST PARR PLAT NO. 2" 12 according to the plat thereof as recorded in Plat Book 4 at. Page 157 of the Public Record: of 13 Monroe County; Florida and run thence North and along the westerly boundary line of the said 14 Block 9 for a distance of 614.13 feet: thence run West for a distance of 300.00 feet; thence run 15 North for a distance of 1062.78 feet to a point on the north boundary line of T.I.I.F. Deed #24002 16 as described in Official Records Book 346 at Page 580, of the said Public Records, said point 17 being the POINT OF BEGINNING; thence run West and along the north line of said T.I.I.F. 18 Deed #24002 for a distance of 1331.95 feet; thence run North for a distance of 186 feet more or 19 less, to a point on the water and boundary line as of July 1, 1975, thence meander said 20 waterward boundary the following twenty-four (24) courses: N 88°53'56" E, for a distance of 21 39.47 feet; N 65°36'56" E a distance of 71.66 feet;-S 88° 16'57" E for a distance of 75.93 feet; N 22 77'38'10" E a distance of44.29 feet; S 76'1141" E for a distance of 76.54 feet; N 88°33'56" E 23 a distance of 82.11 feet; N 85°40'47" for a distance of 103.42 feet; S 75"35'07" E a distance 24 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 25 feet; S 87"26'54" E for a distance of 85.16 feet-, S 79°07'09" E for a distance of 28.70 feet; N 26 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" 27 E for a distance of 53.90 feet; S 84°23'12" E for a distance of 121.58 feet; lei 80°09'47" E for a 28 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 29 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 30 feet-, S 82°47'37" E for a distance of 59.12 feet,° S 84° 16'22" E for a distance of 85.04 feet; S 31 47'39'01" E, for a distance of 15.58 feet to a point, said point being the Point of Terminus of the 32 Waterward boundary line as of July 1, 1975, thence S 29°03'59" E and leaving the said 33 Waterward boundary line as of July 1, 1975 for a distance of 197.97 feet to a point, said point 34 being 200.00 feet East of the POINT OF BEGINNING of the said T.I.I.F. Deed #24002, thence 35 run West and along the North line of said T.I.I.F. Deed #24002 and Easterly extension thereof 36 for a distance of 300.00 feet back to the POINT OF BEGINNING. 37 38 ALSO DESCRIBED AS 39 (Description to incorporate current Mean high Water Line as located on May 16, 2013) I A parcel of land being a Part of Government Lot 1, Section 21, Township 67 South Range 26 2 East on Big Coppitt Key, Monroe County, Florida described as follows: 3 BEGINNING at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" 4 according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of 5 Monroe County, Florida, thence S 89°46'50" W along the south line of said Block 9 and its 6 easterly extension being the south right-of-way line of Puerta Drive said bearing referenced to 7 the North American Datum of 1983 (NAD 83),of the Florida State Plane Coordinate System, 8 East Zone with all subsequent bearings referenced thereto, a distance of 185.00 feet, thence S 9 45013'01" W 70.71 feet•. thence N 89°46'50" W 135.00 feet-. thence S 00°13'10" W340.00 feet; 10 thence N 89°46'50" W 300.00 feet thence N 00° 13' 10" E 2067.13 feet to the north line of the 11 Trustees of the Internal Improvement Trust Fund T.I.I.T.F. Deed Number 24002• thence N 12 89°46'50" W along said north line, 1331.95 feet; thence N 00° 13' 10" E, 199.38 feet to the Mean 13 High Water Line of the Gulf of Mexico, being coincident with the boundary of the State of 14 Florida sovereign lands as located on May 16, 2013, haying an elevation of (-) 0.1 feet of the 15 North American Vertical Darum of 1988 (NAVD 88); thence meandering long said Mean High 16 Waver Line for the following forty-three courses and distances: S 75°10'03" E, 17.09 feet; thence 17 N 78039'05" E 68.25 feet- thence N 89°30"17" E 15.01 feet-, thence N 75015'14" E 51.14 feet•. 18 thence S 86' 12'34" E 48.68 feet; thence N 86018'20" E 42.61 feet; thence S 78°03'36" E 20.90 19 feet thence N 82°55'14" E 20.68 feet; thence S 79°58'18" E 26.68 feet-, thence N 82°01"16" E 20 34.71 feet thence S 88°07"27" E 19.05 feet thence S 81°24'47" E 18.37 feet-, thence N 21 8019'S8" E 37.65 feet-, thence N 88117" 12" E 46.14 feet•. thence N 3719" 14" E 3.92 feet 22 thence S 82' 12'13" E 41.59 feet,• thence N 81 ° 17'41 " E 29.36 feet; thence S 72p56'29" E 14.22 23 feet; thence N 85°48'46" E 48.07 feet• thence S 89°00'58" E 37.88 feet; thence S 74a00'33" E 24 20.67 feet- thence S 88°24'32" E 37.19 feet; thence S 84°06'55" E 54.34 feet thence N 25 48034"35" E 8.07 feet thence S 63055'33" E 23.21 feet; thence N 85°06'05" E 80.97 feet; 26 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 27 feet thence S 84°54"29" E 51.82 feet,• thence S 74°52'34" E 59.48 feet; thence N 58°22'57" E 28 39.76 feet•. thence S 70°02'44" E, 30.75 feet; thence S 89°09'25" E 36.47 feet; thence S 29 81"04'00" E 76.75 feet; thence S 55°35'02" E 9.83 feet thence N 87°43"55" E 100.88 feet; 30 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 31 feet; thence S 86°06'33" E 23.01 feet thence N 84°46'41" E 25.37 feet thence S 72°52'03" E 32 47.43 feet; thence S 28°54"25" E departing said Mean High Water Line, 214.32 feet, thence N 33 89°46'50" W along the easterly extension of said T.I.I.T.F. Deed Number 24002, a distance of 34 200.00 feet to the Point of Beginning of said Deed, said point also being on the north line of 35 Government. Lot 1, thence S 58°46' 14" E along said north line, 233.35 feet to the northwest 36 cornet- of said Block 9, thence S 00°13'10" W along the west line of said Block 9, a distance of 37 1556.91 feet to the POINT OF BEGINNING. 38 Said lands lying and being in Government Lot 1, Section 21 Township 67 South Range 26 East 39 on Big Coppitt Key, Monroe County, Florida containing 952,363 square feet (21.86 acres) more 40 or less. r •. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 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 Section 3. Severability. 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 4.. 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 S, Transmittal, This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant toChapter 163 and 380, Florida Statutes. Section 6. 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 7. 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 and the text amendment shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in 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 , 2016. (SEAL) ATTEST; AMY HEAVILIN, CLERK DEPUTY CLERK Mayor Heather Carruther Mayor Pro Terri s George Neugent Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy nto Mayor Heather Carruthers 10 I a� O N m a ® m n a �_ COiuou* z BoommO n C N J . N J N f0 a O C O J 1 C O � O C u � U ¢ @ue TWcao nH H9 T YQ Oo a�sa Exhibit 6 - FLUM Amendment Trip Generation Analysis ff TAUI �Ilr �� To: Barton W. Smith., 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, Trip Generation: MCF to MC Itomc 2,50 acres 12.33 acres I to COMM 29.59 acres Total 44.42 acres or 1,934,935 square feet IT Trip Generation Manual (9tr' Edition) All daily trip calculations are based vl?on average rates as requested hil the Countys trqf ,fic engineering consithant. Trip Differential: Based upon the foregoing trip generation analyses, the maximum trip generation potential associated with the existing land use categories is 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 amendment is a trip generation reduction of 7,933 vehicle trips per day. 8400 North Universty Drive, Suite 309, Tannarar— Florida 33321 'rek fI954) 660-7103 Fax; (9541582-0989 Industrial (light) 43,560.00 304 Industrial (heavy) 43,560.00 65 Marinas (acres) 2.50 52 Commercial Fishing (acres) 2.50 17 Manufacturing 43,560.00 166 Commercial Retail 43,560.00 1,860 Residential (DU) 2 13 Public (Govt Office) 43,560.00 1,216 � . ... ..... ... .. "JI Elementary School 43,560,00 672 Middle/Jr- High School 43,560.00 600 Jr./Community College 43,560.00 1,197 Church 43,560.00 397 Day Care Center 43,560.00 3,226 Cemetery (acres) 2.50 12 Library 43,560,00 2,450 Hospital 43,560.00 576 Industrial (light) 65,340.00 455 Commercial Fishing (acres) 2,50 17 Manufacturing 65,340,00 250 Office 65,340.00 721 Commercial Retail 65,340.00 2,790 Residential (DU) 2 13 Public (Gout office) 65,340.00 1,824 Elementary School 65,340.00 1,008 Middle/Jr. High School 65,340.00 900 Jr./Community College 65,340,00 1,796 Church 65,340.00 595 Day Care Center 65,340-100 4,839 Cemetery (acres) 2.50 12 Library 65,340.00 3,675 Hospital 65,340.00 864 Parcel Trip Differential: +1,613 daily vehicle trips 14 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 322,256.88 3,554 Commercial Retail (max of 5,000 sf per parcel) 161,128.44 6,880 Residential (DU) 12 80 Public (Govt Office) 322,256.88 8,997 T . ...... . . 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 23,966 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) 12.33 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 (Govt 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 I industrial (light) 773,364.24 5,390 Industrial (heavy) 773,364.24 1,160 Commercial Fishing (acres) 29-59 206 Manufacturing 773,364424 2,954 Office 773,364.24 8,530 Commercial Retail (max of 16,511 5,000 sf per parcel) 386,682.12 Residential (DU) 29 193 Public (Gout Office) 773,364.24 21,592 n5l 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 Elementary School 644,470.20 9,944 Middle/Jr. High School 644,470.20 8,881 Jr./Community College 644,470.20 17,716 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 4 Creech -Gail From: Arheta,}ohm <john.arrleta@urs.conn> Sent: Tuesday, August I2,20242:42PM To: Koconis-Ed Cc: Santamaha-MayteSmith-Patrida;Haberman-Joe Subject: RE: Revised Trip Generation Yes, | concur with your statement below regarding the impact oJthe maximum FAR application imthe trip generation. The trip generation analysis indicates a maximum potential trip generation reduction of 7,933 vehicle trips per day, Thank you, John Arreia, P.E, PTOE Senior Traffic Engineer/Transportation Planner URS Corporation Southern 78O0Congress Avenue, Suite 2Q0 Boca Raton, FL 33487-1350 0fOce:58I,9g4.55O0 Direct: 561.862.1113 Pax:561.994.b5Z4 From: Kocnis-Ed [ma i Ito: Koconis-Ed. & � Sent: Tuesday, August 12, 2014 9:58AM — To: Arheta/3mhm Cc: Santa nmada-Mayhm; Smith -Patricia; Haberman -Joe Subje«t:FVV: Revised Trip Generation John, Please see attached, The differences from the previous August 5hveoion is that in this version the maximum FAR is used for all uses. The Conclusion isthat the sameuses are the maximum trip generators. Only the last page which has 29.59 acres going ham the Industrial FLUM category to the Commercial FL0M 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 FAH rather than 0.40 FAR previously, which results in the trip change from a -19'091 daily trips to -9,546 daily trips for this FLU&& 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. z EdKocons,AICP Growth Management Permit Manager 1O2O5OOverseas Highway Key Largo, FL 53037 Qfhce:305.4S3.O727 From: bart(cbsmithoropeza,com Sent, Monday, August 11, 2014 2:46 PM To: Koconis-Ed Subject: Revised Trip Generation M1 Barton W. Smith, Esq. 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