Item R36
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
June 15, 2016
Agenda Item Number: R.3
Agenda Item Summary #1722
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00PM
AGENDA ITEM WORDING:
An ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Future Land Use Map from Residential Medium
(RM) to Mixed Use/Commercial (MC), for property located at 105030 Overseas Highway, Key
Largo, Mile Marker 105, legally described as Block 3, Lot 11, of the Revised Amended Plat of
Riviera Village Subdivision (Plat Book 2, Page 80), Key Largo, Monroe County, Florida, having
Real Estate # 00510640.000000, as proposed by Andrew Andrushko; providing for severability;
providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning
Agency and the Secretary of State; providing for inclusion in the Monroe County Comprehensive
Plan and for amendment to the Future Land Use Map; providing for an effective date.
ITEM BACKGROUND:
The applicant presently owns the building located on the property with RE #00510640.000000.
1939.
property under a p
Staff concluded that the office use on subject property is considered a lawful nonconforming use and
may continue in accordance with Monroe County Land Development Code Section 130-83(e),
Comprehensive Plan Policy 101.4.3 and the nonconforming use provisions set forth in Code Section
102-56.
The subject property currently has a Future Land Use Map (FLUM) designation of Residential
Medium (RM) and a Land Use District designation of Improved Subdivision (IS). The current
regulations pertaining to permitted uses do not allow an office use and the use is considered
nonconforming to the provisions of the code and the comprehensive plan. The applicant is
requesting to amend the FLUM designation for the existing office use from Residential Medium
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(RM) to Mixed Use/Commercial (MC). If approved, the proposed FLUM amendment, together with
the associated LUD amendment (IS to MU), would eliminate the nonconformity to the existing
office use.
The proposed FLUM amendment would result in a decrease in residential development potential of 1
dwelling unit. The maximum increase in nonresidential development potential would be 1,176
square feet.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Transmittal Resolution for FLUM amendment
Andrushko BOCC FLUM Ordinance
Ordinance - Exhibit 1 - Location Map
Staff Report
Letter of Understanding 5/22/2015 (File # 2015-059)
Existing Future Land Use Map (FLUM)
Proposed Future Land Use Map (FLUM)
Development Review Committee Resolution No. DRC 01-16
Planning Commission Resolution No. P13-16
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
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Additional Details:
REVIEWED BY:
Kevin Bond Completed 05/26/2016 9:59 AM
Mayte Santamaria Completed 05/26/2016 2:43 PM
Steve Williams Completed 05/27/2016 8:27 AM
Jaclyn Carnago Completed 05/27/2016 11:23 AM
Assistant County Administrator Christine Hurley Completed
05/28/2016 1:32 PM
Budget and Finance Skipped 05/26/2016 2:19 PM
Maria Slavik Skipped 05/26/2016 2:19 PM
Mayte Santamaria Completed 05/31/2016 10:11 AM
Kathy Peters Completed 05/31/2016 10:50 AM
Board of County Commissioners Pending 06/15/2016 9:00 AM
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Exhibit A
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO._____ -2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL
MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR
PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY
LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS
LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA
VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00510640-000000, AS PROPOSED BY ANDREW P. ANDRUSHKO;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDNG FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN AND FOR AMENMENT TO THE FUTURE LAND USE
MAP; PROVIDNG FOR AN EFFECTIVE DATE.
WHEREAS,
on January 11, 2016 Andrew P Andrushko submitted an application requestingto
amend the Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential
Medium (RM) to Mixed Use/Commercial (MC); and
WHEREAS,
the subject property is located at 105030 Overseas Highway, Key Largo,
approximate mile marker 105 and is described as Lot 11, Block 3, Revised Amended Plat of Riviera
Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number
00510640-000000; and
WHEREAS,
Andrew P. Andrushko operates an office use at the subject property with a current
FLUM designation of RL, which does not allow a commercial office use in the current configuration,
and the current use is therefore considered nonconforming to the provisions of the current
Comprehensive Plan; and
WHEREAS,
Andrew P. Andrushko is requesting a change to the FLUM designation in order to
eliminate the nonconformity for the existing office use; and
Ord. No. ____-2016 Page 1 of 4
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Exhibit A
th
WHEREAS,
at a regularly scheduled meeting held on the 29 day of March, 2016, the Monroe
County Development Review Committee considered the proposed amendment and recommended
approval; memorialized by Resolution DRC 01-16; and
th
WHEREAS,
at a regularly scheduled meeting held the 27 day of April, 2016, the Monroe
County Planning Commission held a public hearing for the purpose of considering the proposed Future
Land Use map amendment; and
WHEREAS
, the Monroe county Planning Commission made the following findings of fact and
conclusions of law:
1.The proposed FLUM is not anticipated to adversely impact the community character of the
surrounding area;
2.The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted
Level of Service (LOS);
3.The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County Year 2010 Comprehensive Plan;
4.The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan;
5.The amendment is consistent with the Principles for Guiding Development for the Florida Keys
Area, Section 380.0552(7), Florida Statute (F.S.); and
6.The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
WHEREAS,
the Monroe County Planning Commission passed Resolution No. P13-16,
recommending to the Monroe County Board of County Commissioners approval of the proposed
amendment; and
WHEREAS,
at a regularly scheduled meeting held on the 15th day of June, 2016, the Monroe
County Board of County Commissioners held a public hearing, 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 approved Resolution No. ___-
2016 to transmit to the State Land Planning Agency (the Department of Economic Development, or
Residential Medium (RM) to mixed Use/Commercial (MC); and
WHEREAS,
on _______
Objections, Recommendations, and Comments (ORC) report, which included no objections or
comments on the proposed FLUM amendment;
WHEREAS,
at the ______________, 2016, public hearing, the BOCC adopted Resolution
____-2016, transmitting the amendment to the State Land Planning Agency; and
WHEREAS,
the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County on
_______________, 2016; and
Ord. No. ____-2016 Page 2 of 4
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Exhibit A
WHEREAS,
the ORC report stated ________________________________; and
WHEREAS,
the ORC report recommended _________________________; and
WHEREAS,
the County has 180 days from the date of receipt of the ORC to adopt the proposed
amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS,
the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1.The ordinance is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
2.The ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
3.The ordinance is consistent with the provisions and intent of the Monroe County Code;
WHEREAS,
at a regularly scheduled meeting on ____ day of ___________, 2016, the BOCC
held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1.
The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is amended as
follows:
The Future Land Use Map designation for the property described as Lot 11, Block 3, Revised
Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida,
having real estate number 00510640-000000 is changed from Residential Medium (RM) to
Mixed Use/Commercial (MC), as shown on Exhibit 1, attached hereto and incorporated herein.
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 by the Director of Planning to the State
Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. Filing and Effective Date.
This ordinance shall be filed in the Office of the Secretary of the
State of Florida but shall not become effective until a notice is issued by the State Land Planning
Agency or Administration Commission finding the amendment in compliance, and if challenged until
such challenge is resolved pursuant to Chapter 120, Florida Statutes.
Section 6.Inclusion in the Comprehensive Plan.
The foregoing amendment shall be incorporated in
the Monroe County Year 2030 Comprehensive Plan and included on the Future Land Use Map.
Ord. No. ____-2016 Page 3 of 4
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Exhibit A
PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the _____ day of __________, 2016.
Mayor Heather Carruthers ____
Mayor Pro Tem George Neugent ____
Commissioner Danny Kolhage ____
Commissioner David Rice ____
Commissioner Sylvia Murphy ____
Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ______________________________ By: ________________________________
Deputy Clerk Mayor Heather Carruthers
(SEAL)
Ord. No. ____-2016 Page 4 of 4
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Exhibit1 to Ordinance# -2016
00510640-000000
"
)
105
The Monroe County Future Land Use Map is amended
as indicated above.
¯
Proposal: Future Land Use change of one parcel of land in Key Largo having Real Estate Number 00510640-000000
from Residential Medium (RM) to Mixed Use/Commercial (MC).
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1
2
3
4
MEMORANDUM
5
MCP&ERD
6
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
We strive to be caring, professional and fair
7
8
To:
9Monroe County Board of County Commissioners
10
Through:
11Mayté Santamaria, Senior Director of Planning & Environmental Resources
12
From:
13 Thomas A. Broadrick, AICP, Senior Planner
14
Date:
15 May 23, 2016
16
Subject:
17AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
18COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND
19USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED
20USE/COMMERCIAL (MC), FOR PROPERTY LOCATED AT 105030
21OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 105, LEGALLY
22DESCRIBED AS BLOCK 3, LOT 11, OF THE REVISED AMENDED PLAT
23OF RIVIERA VILLAGE SUBDIVISION (PLAT BOOK 2, PAGE 80), KEY
24LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE #
2500510640-000000, AS PROPOSED BY ANDREW ANDRUSHKO;
26PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
27CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
28STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
29PROVIDING FOR INCLUSION IN THE MONROE COUNTY
30COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE
31LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE.
32(File 2016-007)
33
Meeting: June 15, 2016
34
35
I.REQUEST
36
37
38On January 11, 2016, the property owner, Andrew Andrushko, submitted an application
39requesting an amendment to the Monroe County Future Land Use Map from Residential
40Medium (RM) to Mixed Use/Commercial (MC) for the property located at 105030 Overseas
41Highway, Key Largo, having Real Estate number 00510640.000000.
42
43
44
45
46
Future Land Use Map Amendment (File # 2016-007) Page 1 of 14
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47
48
49
II. BACKGROUND INFORMATION
50
51
A. Site Information
52
Location:
53 Key Largo, Mile Marker 105 Bayside
Address:
54 105030 Overseas Highway
Legal Description:
55 Block 3, Lot 11, Revised Amended Plat of Riviera Subdivision (PB
56 2-80) Key Largo, Monroe County, Florida
Real Estate Number:
57 00510640.000000
Property Owner/Applicant:
58 Andrew P Andrushko
Agent:
59 same
Size of Site:
60 3,000 square feet / 0.06887 acres of upland according to property appraiser
Land Use Map (Zoning) District:
61 Improved Subdivision (IS)
Future Land Use Map (FLUM) Designation:
62 Residential Medium (RM)
Tier Designation:
63 III-A Special Protection Area
Flood Zone:
64 X (EL-9999)
Existing Uses:
65 Office (nonconforming)
Existing Vegetation / Habitat:
66 Scarified
Community Character of Immediate Vicinity:
67 Single-family residential to the west
68 and behind the property; directly abutting to the north is a plumbing business with
69 residential use; directly across Marlin Avenue to the south is a Mixed Use (MU) district
70 with a pet boarding/grooming use.
Previous Zoning:
71 The property was within a BU-1 district (Neighborhood Retail
72 Business, 1960-1973; Light Business, 1973-1986) prior to 1986, when the property was
73 re-designated IS (the BU-1 district was established in 1960).
74
75
Future Land Use Map Amendment (File # 2016-007) Page 2 of 14
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76 The applicant presently owns the building located on the property with RE
77 , the building is 250
78 square feet and was constructed in 1939.
79
80 Concerning the use of the building, the
81 assessed the property 17Office) from 1982 to
82 present.
83
84
85 As defined in MCC §101-1:
86
87
Office means a use where business, professional or governmental services are
88
made available to the public.
89
B. Lawful Nonconformity
90
91 The Letter of Understanding dated May 22, 2015 (Exhibit A) concluded that the office use on
92 subject property is considered a lawful nonconforming use and may continue in accordance
93 with Monroe County Land Development Code Section 130-83(e), Comprehensive Plan
94 Policy 101.4.3 and the nonconforming use provisions set forth in Code Section 102-56.
95
96 The subject property currently has a Future Land Use Map (FLUM) designation of
97 Residential Medium (RM) and a Land Use District designation of Improved Subdivision (IS).
98 The current regulations pertaining to permitted uses do not allow an office use and the use is
99 considered nonconforming to the provisions of the code and the comprehensive plan. The
100 applicant is requesting to amend the FLUM designation for the existing office use from
101 Residential Medium (RM) to Mixed Use/Commercial (MC). If approved, the proposed
102 FLUM amendment, together with the associated LUD amendment (IS to MU), would
103 eliminate the nonconformity to the existing office use.
104
105 Monroe County Resolution No. 127-2012, approved on April 18, 2012, allows the applicant
106 to apply for an exemption to the application fees for LUD and/or FLUM map amendment
107 applications that would eliminate nonconforming uses created with the adoption of the
108 existing designations and not create an adverse effect on the community. The property owner
109 must provide satisfactory evidence that the existing use on the site also existed lawfully in
110 1992 and was deemed nonconforming by final adoption of the LUD map and/or the existing
111 use on the site was existing lawfully in 1997 and was deemed nonconforming by final
112 adoption of the FLUM to be exempt from the FLUM amendment application fee.
113
114 On May 22, 2015, Monroe County Planning staff issued a Letter of Understanding,which
115 determined that the existing office use existed lawfully in 1992 and was deemed
116 nonconforming by the final adoption of the LUD map. Staff also determined that the existing
117 office use existed lawfully in 1997 and was deemed nonconforming by the final adoption of
118 the FLUM.
119
C. Livable CommuniKeys Plan
120
121 Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of
122 Community Master Plans.
Future Land Use Map Amendment (File # 2016-007) Page 3 of 14
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123 developed by the local community. In 2006, the Monroe County Board of County
124 Commissioners adopted Comprehensive Plan Policy 101.20.2(5), which incorporated the
125 Key Largo Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan.
126 Action Item 1.3.2 of the Key Largo LCP states: Revise the FLUM and Land Use District
127 Maps to resolve non-conformities in the planning area where appropriate. The proposed
128 FLUM and associated LUD amendments would implement this Action Item of the adopted
129 Key Largo CommuniKeys Plan.
130
D.Public Hearings
131
132 At its regularly scheduled meeting on March 29, 2016, the Monroe County Development
133 Review Committee (DRC) reviewed and discussed the proposed FLUM amendment and
134 recommended approval through Resolution No. DRC 01-16.
135
136 At its regularly scheduled meeting on April 27, 2016, the Monroe County Planning
137 Commission (PC) reviewed and discussed the proposed FLUM amendment and
138 recommended approval through Resolution No. P13-16.
139
III. AMENDMENT REVIEW
140
141
DENSITY AND INTENSITY ANALYSIS (Comprehensive Plan Policy 101.4.22)
142
143
144 The following table provides an approximation of the development potential for residential,
145 transient, and nonresidential development.As shown in the table, the proposed FLUM
146 amendment would result in a decrease in residential development potential of 1 dwelling
147 unit. The maximum increase in nonresidential development potential would be 1,176 square
148 feet.
149
Development potential
Existing FLUM Type Adopted Standards
based upon density
Residential
1 du/lot 1 unit
Allocated Density/Acre
Residential
Residential Medium
N/A N/A
Max Net/Buildable Acre
(RM)
Transient
0 rooms/spaces 0 rooms/spaces
Total site: 0.06 acres Allocated Density/Acre
0.05 net acres
Transient
N/A N/A
1 lot
Max Net/Buildable Acre
Nonresidential
0 FAR 0 sf
Maximum Intensity
Development potential
Proposed FLUM Type Adopted Standards
based upon density
Residential
Mixed Use/
1-6 du/ac 0.06 0.36 unit
Allocated Density/Acre
Commercial (MC)
Residential
2-18 du/ac 0.1 0.9 unit
Total site: 0.06 acres Max Net/Buildable Acre
0.05 net acres
Transient
5-15 rooms/spaces 0.25 0.75 rooms/spaces
1 lot
Allocated Density/Acre
Future Land Use Map Amendment (File # 2016-007) Page 4 of 14
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Transient
10-25 rooms/spaces 0.5 1.25 room/spaces
Max Net/Buildable Acre
Nonresidential
0.10-0.45 261 1,176 sf
Maximum Intensity
150
Net Change:
151 Residential (Allocated): (-1 units)
152 Residential (Max Net): +0.9 units
153 Transient (Allocated): 0 rooms/spaces*
154 Transient (Max Net): +1 rooms/spaces*
155 Non Residential: +1,176 square feet
156
157 The above table provides an approximation of the development potential for residential,
158 transient and commercial development. Section 130-156(b) of the Land Development
159
160 be applied cumulatively so that no development shall exceed the total density limits of
161 this article. For example, if a development includes both residential and commercial
162 development, the total gross amount of development shall not exceed the cumulated
163
164
165 There are no existing residential uses within the subject property. Any new residential
166 use must follow the Rate of Growth Ordinance (ROGO) permit process. An existing
167 affordable residential use may also be transferred to the subject property from a sender
168 site that is located within the Upper Keys subarea.
169
170 *Monroe County does not currently award ROGO allocations for the development of new
171 transient residential units (e.g., hotel & motel rooms), pursuant to Comprehensive Plan
172 Policy 101.2.6. For the development of transient units in unincorporated Monroe County,
173 existing transient units must be transferred from the same ROGO subarea to a parcel
174 designated as Tier III or Tier III-A which does not propose the clearing of any portion of
175 an upland native habitat patch of one acre or greater in area.
176
COMPLIANCE WITH COMPREHENSIVE PLAN POLICY 101.4.20
177
178
179 Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the
180 Board of County Commissioners (BOCC) on September 21, 2012, with an effective date of
181 November 20, 2012. Pursuant to Policy 101.4.20, any private application requesting a
182 FLUM amendment after the effective date which proposes an increase in allocated density
183 and/or intensity is required to donate land to offset the proposed increase.
184
185 rom RMto
186 MC would result in a decrease in potential residential density by 1 dwelling unit, but an
187 increase in potential nonresidential intensity by 1,176 square feet. Policy 101.4.20 requires
188 mitigation for FLUM amendments which increase density and/or intensity. Under the
189 uld require the
190 donation of 1.2 acres of land which contains non-scarified native upland habitat and/or
191 undisturbed wetland habitat to Monroe County for conservation.
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192 Additionally, the BOCC has directed staff to develop strategies to reduce residential
193 density and address nonconformities. The BOCC adopted a policy creating the FLUM
194 category COMM, amended the Nonresidential Rate of Growth Ordinance (NROGO) to
195 encourage redevelopment and development of nonresidential uses, as well as adopted the
196 fee exemption, as detailed above, for certain qualifying map amendment applications that
197 propose a FLUM and/or LUD category that eliminates a lawful nonconforming use deemed
198 as such by final adoption of the FLUM and/or LUD maps. As described above, this
199 application qualifies for the fee exemption.
200
201 Based on the recommendation from the Planning Commission (PC) and direction from the
202 BOCC, as part of the Comprehensive Plan, a text amendment to Policy 101.4.20 was
203 proposed that would specify that only FLUM amendments which increase residential
204 density would be subject to the mitigation requirements, eliminating mitigation
205 requirements for increases in nonresidential intensity.
206
207 At a public meeting held on April 13, 2016, the BOCC adopted the 2030 Comprehensive
208 Plan, which includes the above-described amendment to Policy 101.4.20, which will be
209 renumbered to Policy 101.5.26 in the 2030 Comprehensive Plan. The amendment will
210 become effective after the review by the State of Florida Department of Economic
211 Opportunity (DEO).
212
213 Under the amended language, no mitigation would be required for the proposed FLUM
214 amendment. This application does not increase potential residential density, and therefore
215 would not be subject to any mitigation under the proposed amended policy.
216
COMPATIBILITY WITH THE SURROUNDING AREA
217
218
219 An excerpt from Map 2 of the Comprehensive Plan Future Land Use Map Series identifies
220 the approximate location of the proposed FLUM amendment (circled in the figure below),
221 and the FLUM designations of the surrounding area.
222
223
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224 Parcels surrounding the subject property currently have FLUM designations of
225 Residential Medium and Mixed Use/Commercial. Land uses surrounding the subject
226 property include residential uses, vacant land, and office/retail.
227
The proposed FLUM is not anticipated to adversely impact the community
228
character of the surrounding area.
229
230
CONCURRENCY ANALYSIS (Comprehensive Plan Policy 101.1.1)
231
232
233 Traffic Circulation (Comprehensive Plan Policy 301.1.1)
234
235 The subject property is located on U.S. 1 in Key Largo. The property is accessible by a
236 driveway off Marlin Avenue. The 2015 URS Arterial Travel Time and Delay Study for
237 Monroe County indicated a LOS of A in Key Largo (MM 99.5 to MM 106.0). U.S 1 is
238 required to maintain a level of service (LOS) of C in order to support development.
239
The proposed FLUM is not anticipated to adversely impact the Traffic Circulation
240
LOS.
241
242
243 Potable Water (Comprehensive Plan Policy 701.1.1)
244
245 In March 2008, South Florida Water Management District (SFWMD) approved the
246 -00005-5-W for a 20-year allocation from the Biscayne
247 and Floridian Aquifers. The WUP provides an annual allocation of 8,751 Million
248 Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG with a
249 limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79 MGD and an
stth
250 average dry season (December 1-April 30) of 17.0 MGD.
251
252 The Residential LOS is 66.5 gallons/capita/day. The Non-Residential LOS is 0.35 gallons
253 /sq. ft./day. The overall level of service for potable water is 132 gallons per capitaper
254 day.
255
256 Maximum Residential: 0 DU supported so zero gallons per day
257 Maximum Non-Residential: 0.35 X 1,176 sq. ft.= 411.6 gallons per day
258 TOTAL: 411.6 gallons/day
259
The proposed FLUM is not anticipated to adversely impact the Potable Water LOS.
260
261
262 Solid Waste (Comprehensive Plan Policy 801.1.1)
263
264 Monroe County has a contract with Waste Management through September 30, 2024.
265 The contract authorizes the use of in-state facilities; thereby, providing the County with
266 approximately 10 years of guaranteed capacity for the haul-out and disposal of 95,000
267 tons per year of solid waste not including yard waste. Under the proposed amendment,
268 the net increase in potential residential units on the site would be 0 dwelling units.
269
The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS.
270
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271 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
272
273 The Key Largo Wastewater Treatment District central sewer system is available to this
274 parcel, and any new or existing development is required to connect to the sewer system.
275 The Key Largo Wastewater Treatment Facility is designed and constructed in accordance
276 with the adopted levels of service water quality treatment standards.
277
278 The subject property is presently served and may need to be connected to the Key Largo
279 Wastewater Treatment District central sewer system. The level of service (LOS) for
280 residential and nonresidential flow is 145 gallons per day per equivalent dwelling units
281 (Exhibit 3-8 Sanitary Wastewater Master Plan 2000).
282
The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer
283
LOS
284 .
285
286 Drainage (Comprehensive Plan Policy 1001.1.1)
287
288
289 --
290
291
292
293
294 a)
295
296
297 (1)
298
299
300 (2)
301
302 (3)
303
304 b)
305 -
306 -
307
308
309 c)
310
311 --
312
The proposed FLUM is not anticipated to adversely impact the Drainage LOS
313 .
314
315 Recreation and Open Space (Comprehensive Plan Policy 1201.1.1)
316
317 The County has adopted an overall level of service, pursuant to Comprehensive Plan
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318 Policy 1201.1.1, for resourced-based and activity-based recreation and open space of 0.82
319 acres per 1,000 persons (functional population). If development occurs at 0 residential
320 dwelling units and 2.24 per capita, there would be an additional zero (0) people located
321 on this property.
322
The proposed FLUM is not anticipated to adversely impact Parks and
323
Recreation/Open Space LOS
324 .
325
IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
326
PLAN, THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES,
327
AND PRINCIPLES FOR GUIDING DEVELOPMENT
328
329
A. The proposed amendment is generally consistent with the following Goals,
330
Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan.
331
Specifically, it furthers:
332
333
Goal 101:
334 Monroe County shall manage future growth to enhance the quality of life,
335 ensure the safety of County residents and visitors, and protect valuable natural resources.
336
Policy 101.1.1:
337 Monroe County shall adopt level of service (LOS) standards for the
338 following public facility types required by Chapter 9J-5, F.A.C: roads, sanitary sewer,
339 solid waste, drainage, potable water, parks and recreation, and paratransit. The LOS
340 standards are established in the following sections of the Comprehensive Plan:
341
342 1.The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
343
344 2.The LOS for potable water is established in Potable Water Policy 701.1.1;
345
346 3.The LOS for solid waste is established in Solid Waste Policy 801.1.1;
347
348 4.The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
349
350 5.The LOS for drainage is established in Drainage Policy 1001.1.1; and
351
352 6.The LOS for parks and recreation is established in Recreation and Open Space Policy
353 1201.1.1
354
Objective 101.3:
355 Monroe County shall regulate non-residential development to maintain
356 a balance of land uses to serve the needs of the future population of Monroe County.
357
Objective 101.4:
358 Monroe County shall regulate future development and redevelopment
359 to maintain the character of the community and protect the natural resources by providing
360 for the compatible distribution of land uses consistent with the designations shown on the
361 Future Land Use Map.
362
Policy 101.4.5:
363 The principal purpose of the Mixed Use/Commercial land use category is
364 to provide for the establishment of commercial zoning districts where various types of
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365 commercial retail and office may be permitted at intensities which are consistent with the
366 community character and the natural environment. Employee housing and commercial
367 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are
368 to establish and conserve areas of mixed uses, which may include maritime industry, light
369 industrial uses, commercial fishing, transient and permanent residential, institutional,
370 public, and commercial retail uses.
371
372 This land use category is also intended to allow for the establishment of mixed use
373 development patterns, where appropriate. Various types of residential and non-residential
374 uses may be permitted; however, heavy industrial uses and similarly incompatible uses
375 shall be prohibited. The County shall continue to take a proactive role in encouraging the
376 maintenance and enhancement of community character and recreational and commercial
377 working waterfronts.
378
Objective 101.8:
379 Monroe County shall eliminate or reduce the frequency of uses which
380 are inconsistent with the applicable provisions of the land development regulations and
381 the Future Land Use Map, and structures which are inconsistent with applicable codes
382 and land development regulations.
383
Objective 101.11:
384 Monroe County shall implement measures to direct future growth
385 away from environmentally sensitive land and towards established development areas
386 served by existing public facilities.
387
Objective 101.20:
388 Monroe County shall address local community needs while balancing
389 the needs of all Monroe County communities. These efforts shall focus on the human
390 crafted environment and shall be undertaken through the Livable CommuniKeys
391 Planning Program.
392
Policy 101.20.2:
393 The Community Master Plans shall be incorporated into the 2010
394 Comprehensive Plan as a part of the plan and be implemented as part of the
395 Comprehensive Plan. The following Community Master Plans have been completed in
396 accordance with the principles outlined in this section and adopted by the Board of
397 County Commissioners:
398 ***
399 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into
400 the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to
401 the term Objectives in the Comprehensive Plan and the term Action Item is
402 equivalent to the term Policy; the meanings and requirements for implementation are
403 synonymous.
404
B. The proposed amendment is consistent with the following Key Largo Livable
405
CommuniKeys Plan Action Item:
406
407
Action Item 1.3.2:
408 Revise the FLUM and Land Use District Maps to resolve
409 nonconformities in the planning area where appropriate.
410
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C. The amendment is consistent with the Principles for Guiding Development for the
411
Florida Keys Area, Section 380.0552(7), Florida Statutes.
412
413
414 For the purposes of reviewing consistency of the adopted plan or any amendments to that
415 plan with the principles for guiding development and any amendments to the principles,
416 the principles shall be construed as a whole and no specific provision shall be construed
417 or applied in isolation from the other provisions.
418
419 (a)Strengthening local government capabilities for managing land use and development
420 so that local government is able to achieve these objectives without continuing the
421 area of critical state concern designation.
422 (b)Protecting shoreline and marine resources, including mangroves, coral reef
423 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
424 (c)Protecting upland resources, tropical biological communities, freshwater wetlands,
425 native tropical vegetation (for example, hardwood hammocks and pinelands), dune
426 ridges and beaches, wildlife, and their habitat.
427 (d)Ensuring the maximum well-being of the Florida Keys and its citizens through sound
428 economic development.
429 (e)Limiting the adverse impacts of development on the quality of water throughout the
430 Florida Keys.
431 (f)Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
432 environment, and ensuring that development is compatible with the unique historic
433 character of the Florida Keys.
434 (g)Protecting the historical heritage of the Florida Keys.
435 (h)Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
436 proposed major public investments, including:
437
438 1.The Florida Keys Aqueduct and water supply facilities;
439 2.Sewage collection, treatment, and disposal facilities;
440 3.Solid waste treatment, collection, and disposal facilities;
441 4.Key West Naval Air Station and other military facilities;
442 5.Transportation facilities;
443 6.Federal parks, wildlife refuges, and marine sanctuaries;
444 7.State parks, recreation facilities, aquatic preserves, and other publicly owned
445 properties;
446 8.City electric service and the Florida Keys Electric Co-op; and
447 9.Other utilities, as appropriate.
448
449 (i)Protecting and improving water quality by providing for the construction, operation,
450 maintenance, and replacement of stormwater management facilities; central sewage
451 collection; treatment and disposal facilities; and the installation and proper operation
452 and maintenance of onsite sewage treatment and disposal systems.
453 (j)Ensuring the improvement of nearshore water quality by requiring the construction
454 and operation of wastewater management facilities that meet the requirements of ss.
455 381.0065(4)(l) and 403.086(10), as applicable, and by directing growth to areas
456 served by central wastewater treatment facilities through permit allocation systems.
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457 (k)Limiting the adverse impacts of public investments on the environmental resources of
458 the Florida Keys.
459 (l)Making available adequate affordable housing for all sectors of the population of the
460 Florida Keys.
461 (m)Providing adequate alternatives for the protection of public safety and welfare in the
462 event of a natural or manmade disaster and for a postdisaster reconstruction plan.
463 (n)Protecting the public health, safety, and welfare of the citizens of the Florida Keys
464 and maintaining the Florida Keys as a unique Florida resource.
465
466 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent
467 with the Principles for Guiding Development as a whole and is not inconsistent with any
468 Principle.
469
D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes
470
(F.S.). Specifically, the amendment furthers:
471
472
473 163.3161(4), F.S. It is the intent of this act that local governments have the ability to
474 preserve and enhance present advantages; encourage the most appropriate use of land,
475 water, and resources, consistent with the public interest; overcome present handicaps; and
476 deal effectively with future problems that may result from the use and development of
477 land within their jurisdictions. Through the process of comprehensive planning, it is
478 intended that units of local government can preserve, promote, protect, and improve the
479 public health, safety, comfort, good order, appearance, convenience, law enforcement and
480 fire prevention, and general welfare; facilitate the adequate and efficient provision of
481 transportation, water, sewerage, schools, parks, recreational facilities, housing, and other
482 requirements and services; and conserve, develop, utilize, and protect natural resources
483 within their jurisdictions
484
485 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have
486 the legal status set out in this act and that no public or private development shall be
487 permitted except in conformity with comprehensive plans, or elements or portions
488 thereof, prepared and adopted in conformity with this act.
489
490 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines,
491 standards, and strategies for the orderly and balanced future economic, social, physical,
492 environmental, and fiscal development of the area that reflects community commitments
493 to implement the plan and its elements. These principles and strategies shall guide future
494 decisions in a consistent manner and shall contain programs and activities to ensure
495 comprehensive plans are implemented. The sections of the comprehensive plan
496 containing the principles and strategies, generally provided as goals, objectives, and
497 policie
498 development regulations will be initiated, modified, or continued to implement the
499 comprehensive plan in a consistent manner. It is not the intent of this part to require the
500 inclusion of implementing regulations in the comprehensive plan but rather to require
501 identification of those programs, activities, and land development regulations that will be
502 part of the strategy for implementing the comprehensive plan and the principles that
503 describe how the programs, activities, and land development regulations will be carried
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504 out. The plan shall establish meaningful and predictable standards for the use and
505 development of land and provide meaningful guidelines for the content of more detailed
506 land development and use regulations.
507
508 163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based
509 upon surveys, studies, and data regarding the area, as applicable, including:
510 a. The amount of land required to accommodate anticipated growth.
511 b. The projected permanent and seasonal population of the area.
512 c. The character of undeveloped land.
513 d. The availability of water supplies, public facilities, and services.
514 e. The need for redevelopment, including the renewal of blighted areas and the
515 elimination of nonconforming uses which are inconsistent with the character of the
516 community.
517 f. The compatibility of uses on lands adjacent to or closely proximate to military
518 installations.
519 g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
520 consistent with s. 333.02.
521 h. The discouragement of urban sprawl.
522 i. The need for job creation, capital investment, and economic development that will
523
524 j. The need to modify land uses and development patterns within antiquated subdivisions.
525
526 163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the
527 following analyses:
528 a. An analysis of the availability of facilities and services.
529 b. An analysis of the suitability of the plan amendment for its proposed use considering
530 the character of the undeveloped land, soils, topography, natural resources, and historic
531 resources on site.
532 c. An analysis of the minimum amount of land needed to achieve the goals and
533 requirements of this section.
534
V. PROCESS
535
536
537 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners,
538 the Planning Commission, the Director of Planning, or the owner or other person having a
539 contractual interest in property to be affected by a proposed amendment. The Director of
540 Planning shall review and process applications as they are received and pass them onto the
541 Development Review Committee and the Planning Commission.
542
543 The Planning Commission shall hold at least one public hearing. The Planning Commission
544 shall review the application, the reports and recommendations of the Department of Planning
545 & Environmental Resources and the Development Review Committee and the testimony
546 given at the public hearing. The Planning Commission shall submit its recommendations and
547 findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing
548 to consider the transmittal of the proposed comprehensive plan amendment, and considers
549 the staff report, staff recommendation, and the testimony given at the public hearing. The
550 BOCC may or may not recommend transmittal to the State Land Planning Agency. The
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551 amendment is transmitted to State Land Planning Agency, which then reviews the proposal
552 and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of
553 the ORC report, the County has 180 days to adopt the amendments, adopt the amendments
554 with changes or not adopt the amendment.
555
VI. STAFF RECOMMENDATION
556
557
558 Approval.
559
VII. EXHIBITS
560
561
562 A. Letter of Understanding, dated May 22, 2015
563 B. Existing Future Land Use Map (FLUM)
564 C. Proposed Future Land Use Map (FLUM)
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