Item P1
4
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: P.1
Agenda Item Summary #2624
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00 PM Public Hearing
AGENDA ITEM WORDING:
An ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Land Use District (Zoning) Map from Suburban
Commercial (SC) to Mixed Use (MU), for property located at 28500 & 28540 Overseas Highway,
Little Torch Key, Mile Marker 28.5 oceanside, legally described as parcels of land in a part of U.S.
Government Lot 6, Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe
County, Florida, having real estate numbers 00113570-000000, 00113570-000100, 00113570-
000200, 00113590-000000 and 00113620-000000, as proposed by Patrick R. And Diane Colee,
Dolphin Marina Associates LTD and Torch Key Properties LTD; ). REQUEST TO CONTINUE TO
JULY 19, 2017 BOCC MEETING.
ITEM BACKGROUND:
REQUEST TO CONTINUE TO JULY 19, 2017 BOCC MEETING.
The applicant, Patrick R. And Diane Colee, Dolphin Marina Associates LTD and Torch Key
Properties LTD, own parcels of land on property located at 28500 and 28540 Overseas Highway on
Little Torch Key. The subject property is currently located within the Suburban Commercial (SC)
Land Use (Zoning) District and the Mixed Use/Commercial (MC) Future Land Use Map (FLUM)
category. The applicant is requesting a Land Use District Map Amendment from SC to Mixed Use
(MU) in order to allow the development of new detached residential dwellings, which is not a use
permitted as-of-right within the current SC Land Use District. In SC, only commercial apartments
and employee housing are permitted as of right.
No FLUM amendment is required because both the current and proposed Land Use Districts are
established within the same Mixed Use/Commercial (MC) FLUM Category.
If this zoning change is approved, in terms of allocated density, the proposed amendment would
result in an overall decrease in potential permanent residential development of seven (7) units, due to
the reduction in allocated density from three (3) to one (1) unit per acre. The proposed amendment
would not result in any substantial change in potential transient or institutional residential
development based on allocated density, even though the permitted uses are slightly different.
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If this zoning change is approved, in terms of maximum net density, which is density based on the
net buildable area of a site when utilizing transferrable development rights (TDRs) or for affordable
or employee housing, the table below shows that the proposed amendment would result in an overall
increase in potential permanent residential development of 18 units (from 18.96 to 37.92 with TDRs)
and an increase in potential affordable development of nine (9) units (from 56.88 to 47.4 with no
TDRs). The proposed amendment would not result in any substantial change in potential transient or
institutional residential development based on maximum net density, even though the permitted uses
are slightly different.
If this zoning change is approved, in terms of nonresidential development, the proposed amendment
would not result in any change in potential nonresidential development based on maximum floor
area ratio. The only change would be the addition of commercial fishing as a permitted use.
On December 16, 2015, the Planning Commission passed Resolution No. P02-16, recommending
denial of the proposed map amendment to the BOCC.
On April 1, 2016, thirteen written protest forms were submitted to the Clerk of Court for this
proposed amendment. Pursuant to Section 102-158(d)(6)b, in the event of a written protest of ten
percent of the owners within 300 feet of the affected property, the amendment shall not become
effective except by the favorable vote of four members of the Board of County Commissioners.
There were 26 owners of real property located within 300 feet of the subject property. Based on the
code requirement above, 2.6 protest forms by the owners of land within 300 feet of the subject
property were required. Thirteen (13) protest forms were submitted to the Clerk of Court on April 1,
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2016. Eleven (11) of the 13 were confirmed to be owners of land within 300 feet of the subject
property, triggering the requirement for a supermajority vote.
The applicant requested a 6 month continuance at the May 18, 2016 BOCC meeting. The applicant
had expressed that a development agreement would be submitted to address community concerns
and comments. A development agreement application was not submitted by the November 2016
BOCC meeting and staff requested a continuance to the February 15, 2017 BOCC meeting. The
applicant submitted a development agreement application on January 12, 2017. STAFF REQUESTS
TO CONTINUE TO THE JULY 19, 2017 BOCC MEETING.
PREVIOUS RELEVANT BOCC ACTION:
On May 18, 2016, the BOCC approved a 6 month continuance to the November 22, 2016 meeting.
On November 22, 2016, the BOCC approved a continuance to the February 15, 2017 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval of continuance to July 19, 2017.
DOCUMENTATION:
Staff Report
Exhibit 1 July 28, 2015 Letter of Understanding
Exhibit 2 - Existing LUD (Zoning) Map
Exhibit 3 - Proposed LUD (Zoning) Maps
Exhibit 4 - PC Staff Report Addendum
Exhibit 5 - PC Resolution No P02-16
Draft BOCC Ordinance
BOCC Ordinance - Exhibit 1 Map
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:
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Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 01/25/2017 6:11 PM
Steve Williams Completed 01/27/2017 9:26 AM
Jaclyn Carnago Completed 01/27/2017 10:22 AM
Assistant County Administrator Christine Hurley Completed
01/30/2017 6:55 PM
Budget and Finance Skipped 01/25/2017 6:00 PM
Maria Slavik Skipped 01/25/2017 6:00 PM
Jaclyn Carnago Skipped 01/25/2017 6:00 PM
Christine Hurley Skipped 01/25/2017 6:00 PM
Kevin Bond Skipped 01/25/2017 6:00 PM
Mayte Santamaria Completed 01/30/2017 8:53 PM
Kathy Peters Completed 01/31/2017 2:56 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
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MEMORANDUM
MCP&ERD
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
To:
Monroe County Board of County Commissioners
Through:
Mayté Santamaria, Senior Director of Planning & Environmental Resources
From:
Kevin Bond, AICP, Planning and Development Review Manager
Date:
April 22, 2016
Subject:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO
MIXED USE (MU), FOR PROPERTY LOCATED AT 28500 & 28540
OVERSEAS HIGHWAY, LITTLE TORCH KEY, MILE MARKER 28.5
OCEANSIDE, LEGALLY DESCRIBED AS PARCELS OF LAND IN A PART
OF U.S. GOVERNMENT LOT 6, SECTION 28, TOWNSHIP 66 SOUTH,
RANGE 29 EAST, LITTLE TORCH KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS 00113570-000000, 00113570-000100,
00113570-000200, 00113590-000000 AND 00113620-000000, AS PROPOSED
BY PATRICK R AND DIANE COLEE, DOLPHIN MARINA ASSOCIATES
LTD AND TORCH KEY PROPERTIES LTD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
PROVIDING FOR AN EFFECTIVE DATE.
Meeting: May 18, 2016
1
IREQUEST:
2
3
4On August 5, 2015, the property owner submitted an application requesting an amendment to
5the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to
6Mixed Use (MU) for the property located at 28500 & 28540 Overseas Highway, Little Torch
7Key, having Real Estate Nos. 00113570-000000, 00113570-000100, 00113570-000200,
800113590-000000 and 00113620-000000.
9
10No Future Land Use Map (FLUM) amendment is required because both the current and
11proposed Land Use Districts are established within the same Mixed Use / Commercial (MC)
12FLUM Category.
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 1 of 12
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1
2
Subject Property with Existing Land Use District Map, 2015 Aerial
3
IIBACKGROUND INFORMATION:
4
5
Site Information:
6
Location:
7 Little Torch Key, Mile Marker 28.5 Oceanside
Address:
8 28500 & 28540 Overseas Highway
Description:
9 Part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29
10 East, Little Torch Key, Monroe County, Florida
Real Estate Numbers:
11 00113570-000000, 00113570-000100, 00113570-000200,
12 00113590-000000, 00113620-000000
Property Owner/Applicant:
13 Patrick R & Diane Colee c/o Noble House Hotel and
14 Resort, Dolphin Marina Associates Ltd and Torch Key Properties Ltd
Agent:
15 Donna Bosold & James T. Hendrick
Size of Site:
16 171,936 square feet / 3.95 acres of upland according to property appraiser
Land Use Map (Zoning) District:
17 Suburban Commercial (SC)
Future Land Use Map (FLUM) Designation:
18 Mixed Use/Commercial (MC)
Tier Designation:
19 III Infill Area
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 2 of 12
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Flood Zone:
1 AE-8 and AE-9
Existing Uses:
2 Mix of uses, including a commercial marina, transient and permanent
3 residential uses, known as Dolphin Marina and Cottages.
Existing Vegetation / Habitat:
4 Scarified with fringing mangroves, adjacent to open
5 water shoreline and manmade canals.
Community Character of Immediate Vicinity:
6 Single-family residential to the south
7 across a canal; undeveloped mangroves and salt marsh land to the west across Pirates
8 Road; residential, a church and undeveloped mangroves and salt marsh land to the north
9 across U.S. 1.
Previous Zoning:
10 Prior to 1986, most of the property was located within BU-2 (Medium
11 Business District) and the southeast portion of the property was located within BU-2A
12 (Alcoholic Beverage Business District).
13
IIIRELEVANT PRIOR COUNTY ACTIONS:
14
15
16 In December 1987, the County approved a Minor Conditional Use (Project # 87030) for the
17 Beach Club land base building for Little Palm Island.
18
19 On December 27, 2007, a Letter of Development Rights Determination (LDRD) (File #
20 27028) was issued concerning the Dolphin Marina property. The LDRD included a lawful
21 determination that two (2) permanent residential dwelling units, 10 transient residential units,
22 and 5,551 square feet of nonresidential floor area were lawfully established on the site.
23
24 On May 2, 2011, a ROGO exemption letter (File # 2011-R009) was issued again concerning
25 the Dolphin Marina property. One dwelling unit was recognized as lawfully established,
26 which was one of the units previously recognized in the prior LDRD.
27
28 On July 28, 2015, a Letter of Understanding (LOU) (File # 2015-105) was issued following a
29 pre-application conference regarding the redevelopment of the subject property. As part of
30 the proposed redevelopment, the owner wishes to amend the Land Use District (Zoning) of
31 the property from SC to MU primarily due to the restrictions of the SC District on detached
Exhibit 1
32 market-rate residential development. The LOU is attached as to this report.
33
34 On October 27, 2015, the Monroe County Development Review Committee reviewed the
35 proposed land use district map amendment in accordance with Monroe County Land
36 Development Code Section 130-158 and recommended approval.
37
38 On November 18 and December 16, 2015, the Monroe County Planning Commission held a
39 public hearing for review and recommendation on the proposed Land Use District (Zoning)
40 map amendment and passed Resolution No. P02-16 recommending denial to the Monroe
41 County Board of County Commissioners.
42
IVANALYSIS OF PROPOSED AMENDMENT:
43
44
45 Both the existing SC Land Use District and the proposed MU Land Use District correspond
46 to the existing Mixed Use/Commercial (MC) Future Land Use Map (FLUM) Category.
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 3 of 12
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A.Analysis of Potential Changes in Development Potential and Permitted Uses
1
2 The table below provides an estimation of the potential change in existing and proposed
3 development potential for residential, transient and nonresidential development in terms of
4 allocated density and maximum net density. Monroe County Land Development Code
5 Section 130-156(b) stthis section are
6 intended to be applied cumulatively so that no development shall exceed the total density
7 limits of this article. For example, if a development includes both residential and commercial
8 development, the total gross amount of development shall not exceed the cumulated
9 permitted intensity of the parcel proposed for development.
10
11 The following table is based on a gross upland area of 171,936 square feet or 3.95 acres,
12 according to property appraiser records. The exact upland area must still be verified by an
13 updated boundary and mean high water line survey, which provides the amount of land area
14 above mean high water.
15
16 As the property would remain designated within the MC FLUM, there is no change to the
17 development potential based upon the Comprehensive Plan density and intensity standards.
18
FLUM Type Adopted Standards Development Potential
Residential Allocated Density 1-6 du/acre 3.95 23.7 du
Mixed Use/
Residential Max Net Density 2-18 du/buildable acre 6.32 56.88 du*
Commercial (MC)
Transient Allocated Density 5-15 rooms/spaces/acre 19.75-59.25 rooms/spaces*
3.95 acres
Transient Max Net Density 10-25 rooms/spaces/acre 31.6 - 79 rooms/spaces*
(171,936 SF)
Nonresidential Maximum Intensity 0.10-0.45 FAR 17,194 77,371 SF
19
Existing LUD Type Adopted Standards Development Potential
11.85 DU
Residential Allocated Density 3 DU/acre
(Commercial apartments or
Employee housing)
Residential Maximum Net
18.96 DU
6 DU/buildable area
Suburban
Density (w/ transfer TDRs)
(Commercial apartments)
Commercial (SC)
Residential Maximum Net
47.4 DU (affordable)
15 DU/buildable acre
Density (affordable housing)
(Employee housing)
3.95 acres
Transient Allocated Density 10 rooms or spaces/acre 39.5 rooms/spaces
(171,936 SF)
Transient Maximum Net Density
47.4 spaces
15 rooms/acre
(w/ transfer TDRs)
(hotel)
Nonresidential Maximum
0.1 - 0.4 FAR 17,194 - 68,774 SF
Intensity
Proposed LUD Type Adopted Standards Development Potential
3.95 DU
(Detached/Attached residential dwellings
Residential Allocated Density 1 DU/acre
or Commercial apartments or Employee
Mixed Use (MU)
housing)
37.92 DU
Residential Maximum Net
12 DU/buildable area
(Detached/Attached residential dwellings
3.95 acres
Density (w/ transfer TDRs)
or Commercial apartments)
(171,936 SF)
Residential Maximum Net
56.88 DU (affordable)
18 DU/buildable acre
Density (affordable housing)
(Employee housing)
Transient Allocated Density 10 rooms or spaces/acre 39.5 rooms/spaces
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 4 of 12
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Transient Maximum Net Density
47.4 rooms
15 rooms/acre
(w/ transfer TDRs)
(hotel)
Nonresidential Maximum
0.1 - 0.4 FAR 17,194 - 68,774 SF
Intensity
Permanent Residential Allocated: -7.9 DU
Net Change in Residential Maximum Net (TDRs): +18.96 DU
Development Residential Maximum Net (affordable): +9.48 DU
Potential Transient Allocated: 0 rooms/spaces
Total Site Transient Maximum Net (TDRs): 0 rooms/spaces
Nonresidential: 0 square feet
1
2 In terms of allocated density, the table above shows that the proposed amendment would
3 result in an overall decrease in potential permanent residential development of seven (7)
4 units, due to the reduction in density from three (3) to one (1) unit per acre. The proposed
5 amendment would not result in any substantial change in potential transient or institutional
6 residential development based on allocated density, even though the permitted uses are
7 slightly different.
8
9 In terms of maximum net density, which is density based on the net buildable area of a site
10 when utilizing transferrable development rights (TDRs) or for affordable or employee
11 housing, the table above shows that the proposed amendment would result in an overall
12 increase in potential permanent residential development of 18 units and an increase in
13 potential affordable development of nine (9) units. The proposed amendment would not
14 result in any substantial change in potential transient or institutional residential development
15 based on maximum net density, even though the permitted uses are slightly different.
16
17 In terms of nonresidential development, the table above shows that the proposed amendment
18 would not result in any substantial change in potential nonresidential development based on
19 maximum floor area ratio. The only change would be the addition of commercial fishing as a
20 permitted use.
21
22 The table below and continuing to the next page shows the potential changes in permitted
23 uses that would result from the proposed amendment. Any blank cells mean that the use is
24 prohibited in that district. Accessory uses and institutional uses are permitted as-of-right in
25 both districts.
26
27 The proposed amendment would result in the potential continuation of many as-of-right and
28 conditional uses that are currently allowed within the SC Land Use District. The proposed
29 amendment would open up the possibility of the following uses that are currently prohibited:
30 New attached and detached residential dwellings (including vacation rental use of detached
31 dwelling units if special permit obtained), boat building or repair (in conjunction with a
32 marina or commercial fishing use), commercial fishing and related uses, broader commercial
33 recreational uses, light industrial uses on parcels greater than two acres, and wastewater
34 treatment facilities and systems serving any use. The proposed amendment would also result
35 in the threshold for Major Conditional Use review of hotels to increase from 25 to 50 rooms,
36 parks would become an as-of-right use instead of a Minor Conditional Use, and larger
37 satellite earth stations would now require a Minor Conditional Use permit.
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 5 of 12
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PERMITTED USES
1
Permitted Land Uses Existing SC District Proposed MU District
Permanent Residential Uses
Attached and unattached employee housing, less than 6 units As-of-right As-of-right
Attached and unattached employee housing, 6 to 18 units Minor Conditional Use Minor Conditional Use
Attached and unattached employee housing, more than 18 units Major Conditional Use Major Conditional Use
Attached residential dwellings, up to 4 units Minor Conditional Use
Attached residential dwellings, more than 4 units Major Conditional Use
Commercial apartments, less than 6 units As-of-right As-of-right
Commercial apartments, 6 to 18 units Minor Conditional Use Minor Conditional Use
Detached residential dwellings As-of-right
Home occupations As-of-right
Vacation rentals, nonconforming units only As-of-right
Vacation rentals, detached units only As-of-right
Transient Residential Uses
Campgrounds Minor Conditional Use Minor Conditional Use
Hotels, less than 25 rooms Minor Conditional Use
Hotels, less than 50 rooms Minor Conditional Use
Hotels, 25 or more rooms Major Conditional Use
Hotels, 50 or more rooms Major Conditional Use
Institutional residential uses, less than 10 dwelling units/rooms As-of-right As-of-right
Institutional residential uses, 10 to 20 dwelling units/rooms Minor Conditional Use Minor Conditional Use
Institutional residential uses, 20 or more dwelling units/rooms Major Conditional Use Minor Conditional Use
Nonresidential Uses
Boat building or repair (with marina or commercial fishing) Major Conditional Use
Commercial fishing As-of-right
Commercial recreational uses, limited As-of-right As-of-right
Commercial recreational uses, parcels up to 5 acres Minor Conditional Use
Commercial retail, low/medium-intensity, office, < 2,500 SF As-of-right As-of-right
Commercial retail, low/medium-intensity, office, 2,500-10,000 SF Minor Conditional Use Minor Conditional Use
Commercial retail, low/medium-intensity, office, > 10,000 SF Major Conditional Use Major Conditional Use
Commercial retail, high intensity, less than 2,500 SF Minor Conditional Use Minor Conditional Use
Commercial retail, high intensity, more than 2,500 SF Major Conditional Use Major Conditional Use
Heliports or seaplane ports Major Conditional Use Major Conditional Use
Land use overlays A, E and PF Major Conditional Use Major Conditional Use
Light industrial uses, parcels up to 2 acres Minor Conditional Use Minor Conditional Use
Light industrial uses, parcels more than 2 acres Major Conditional Use
Manufacture, repair, storage of fishing traps, nets & other equipment As-of-right
Mariculture Major Conditional Use Major Conditional Use
Marinas Major Conditional Use Major Conditional Use
Parks and community parks Minor Conditional Use As-of-right
Public buildings and uses As-of-right As-of-right
Storage areas As-of-right
Wastewater nutrient reduction cluster systems for < 10 residences As-of-right As-of-right
Wastewater treatment facilities or systems for any uses Major Conditional Use
Wireless Communication Uses
Attached wireless communications facilities As-of-right As-of-right
Collocations on existing antenna-supporting structures As-of-right As-of-right
New antenna-supporting structures Major Conditional Use Major Conditional Use
Replacement of an existing antenna-supporting structure As-of-right As-of-right
Satellite earth stations, less than 2 meters in diameter As-of-right As-of-right
Satellite earth stations, 2 meters or more in diameter As-of-right Minor Conditional Use
Stealth wireless communications facilities As-of-right As-of-right
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 6 of 12
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B.Impact on Community Character
1
2 Surrounding properties are located within the Suburban Commercial (SC) District to the
3 north across U.S. 1, the Improved Subdivision (IS) to the south across a canal and the Native
4 Area (NA) District to the west across Pirates Road as shown on the map on Page 1. Land
5 uses surrounding the subject property include residential uses to the south, conservation land
6 to the west and northwest, institutional (church) and residential to the north and open water to
7 the east.
8
9 Surrounding land east of Pirates Road and Barry Avenue, including the subject property, is
10 designated as Tier III. The majority of the site is scarified with fringing mangroves along the
11 open water shoreline. The property is bordered by a manmade canal to the south and west.
12
13 Comparing the purposes of the two Land Use Districts, as shown in the table below, the SC
14 District is intended for commercial uses that serve the needs of the immediate area. The MU
15 District is intended to conserve areas of mixed uses including commercial fishing, residential
16 and resorts. The subject property is an established resort and marina, and the property
17 currently primarily serves tourists. The County issued a Letter of Development Rights
18 Determination (LDRD) in 2007 for this site, recognizing two (2) permanent residential
19 dwelling units, ten (10) transient units and 5,551 square feet of nonresidential floor area were
20 lawfully established.
21
Existing SC Existing MU
(Sec. 130-43) (Sec. 130-38)
District To establish areas for commercial uses To establish or conserve areas of
Purposes designed and intended primarily to mixed uses, including commercial
serve the needs of the immediate fishing, resorts, residential,
planning area in which they are institutional and commercial uses, and
located. This district should be preserve these as areas representative
established at locations convenient and of the character, economy and cultural
accessible to residential areas without history of the Florida Keys.
use of U.S. 1.
22
23 The proposed amendment is not anticipated to have an adverse impact on the community
24 character of the area.
25
C.Effects on Public Facilities
26
27 Traffic Circulation (Policy 301.1.2)
28 The subject property has access to U.S. 1 via its own driveway and through Pirates Road.
29 Pursuant to Comprehensive Plan Policy 301.1.2, the level of service standard for U.S. 1 is
30 LOS of "C." The property is located within U.S. 1 Segment #9, which runs from the Torch-
31 Ramrod Bridge to the North Pine Channel Bridge (MM 27.5 - 29.5). According to the
32 adopted 2013 U.S. 1 Arterial Travel Time and Delay Study, U.S. 1 overall is operating at a
33 LOS of "C" and Segment #9 is operating at a LOS of "A." The draft proposed 2015 U.S. 1
34 Arterial Travel Time and Delay Study continues to find U.S. 1 operating at an overall LOS of
35 The proposed amendment is not anticipated
36 to negatively impact the traffic circulation LOS.
37
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 7 of 12
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1 Potable Water (Policy 701.1.1)
2 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum
3 water treatment design capacity of 29.8 million gallons per day (MGD) and is capable of
4 treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located
5 on Stock Island and Marathon, which are able to produce potable water under emergency
6 conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water,
7 respectively. The annual average demand in Monroe County in 2013 was 16.73 MGD and
8 projections indicate a slight increase to an annual average demand of 17.28 MGD for 2015.
9
10 Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for
11 nonresidential potable water is 0.35 gallons per square foot per day. The proposed
12 amendment would not change the sites nonresidential development potential, which would
13 have no effect on potable water demand from this site if developed to its maximum
14 nonresidential potential.
15
16 Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for
17 residential potable water is 66.5 gallons per capita per day. The proposed amendment would
18 increase the potential residential development by 12 units (2.24 residents per dwelling unit).
19 Therefore, the proposed amendment could result in a net increase in demand from this site of
20 up to 1,788 gallons per day if developed to its maximum residential potential. Currently,
21 there is sufficient capacity for such an increase.
22
23 Solid Waste (Policy 801.1.1)
24 Monroe County has a contract with Waste Management through September 30, 2024. The
25 contract authorizes the use of in-state facilities; thereby, providing the County with
26 approximately 10 years of guaranteed capacity for the haul-out and disposal of 95,000 tons
27 per year of solid waste not including yard waste. Under the proposed amendment, the net
28 increase in potential residential units on the site would be 12 dwelling units. Currently, there
29 is sufficient capacity for such an increase.
30
31 Sanitary Sewer (Policy 901.1.1)
32 The County has adopted water quality treatment standards for wastewater facilities and,
33 within the Sanitary Wastewater Treatment Master Plan, the LOS standard for residential and
34 nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). Under the
35 proposed amendment, the net increase in potential residential units on the site is 12 dwelling
36 units, which could result in a net increase in demand from this site of up to 1,740 gallons per
37 day if developed to its maximum residential potential. The subject property is located within
38 the Cudjoe Regional Sewer District. Any new or existing development would be required to
39 connect to the sewer system when available. The Cudjoe Regional Wastewater Treatment
40 Facility is designed and constructed in accordance with the adopted levels of service
41 treatment standards.
42
D.Consistency with the provisions and intent of the Monroe County Year 2010
43
Comprehensive Plan
44
45 The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
46 County Year 2010 Comprehensive Plan. Specifically, the amendment furthers:
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 8 of 12
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1 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure
2 the safety of County residents and visitors, and protect valuable natural resources.
3
4 Objective 101.4: Monroe County shall regulate future development and redevelopment to
5 maintain the character of the community and protect the natural resources by providing for
6 the compatible distribution of land uses consistent with the designations shown on the Future
7 Land Use Map.
8
9 Policy 101.4.5: The principal purpose of the Mixed Use/Commercial land use category is to
10 provide for the establishment of commercial land use (zoning) districts where various types
11 of commercial retail and office may be permitted at intensities which are consistent with the
12 community character and the natural environment. Employee housing and commercial
13 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to
14 establish and conserve areas of mixed uses, which may include maritime industry, light
15 industrial uses, commercial fishing, transient and permanent residential, institutional, public,
16 and commercial retail uses.
17
18 This land use category is also intended to allow for the establishment of mixed use
19 development patterns, where appropriate. Various types of residential and non-residential
20 uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall
21 be prohibited. The County shall continue to take a proactive role in encouraging the
22 maintenance and enhancement of community character and recreational and commercial
23 working waterfronts.
24
25 Policy 101.4.22: Monroe County hereby adopts the following density and intensity standards
26 for the future land use categories, which are shown on the Future Land Use Map and
27 described in Policies 101.4.1 - 101.4.17:
28
Future Land Use Densities and Intensities
Maximum Net Density
(b)
Future Land Use Category Allocated Density Maximum Intensity
(b)(i)
And Corresponding Zoning (per acre) (floor area ratio)
(per buildable acre)
0.10-0.45
(g) (j)
Mixed Use/Commercial (MC) 1-6 du 2 -18 du (SC,UC, DR, RV,
(SC, UC, DR, RV, MU and 5-15 rooms/spaces 10-25 rooms/spaces and MU zoning)
MI zoning) 1 du (MI zoning) 2 du (MI zoning) 0.30-0.60 (MI
zoning)
Notes:
(b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0
and the maximum net densities bonuses shall not be available.
(g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/
Commercial and Mixed Use/Commercial Fishing land use categories, the floor area ratio shall be 0.10 and
the maximum net residential density bonuses not apply.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
BOCC Staff Report 5/18/2016
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(j) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the
MC future land use category. Working waterfront and water dependent uses, such as marina, fish
house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of
35% of the upland area of the property, pursuant to Policy 101.4.5.
1
Lower Keys (MM 14.2 29.0) Livable CommuniKeys Plan
2
3 The proposed amendment is consistent with the Goals, Objectives and Policy Items of the
4 Lower Keys (MM 14.2 29.0) Livable CommuniKeys Plan. Specifically, the amendment
5 furthers:
6
7 Goal 1: Monroe County shall manage future growth to preserve the rural or low density
8 community character, protect the natural environment of the Lower Keys, and maintain and
9 encourage commercial revitalization along the U.S. 1 corridor. Community character
10 includes the cultural/traditional heritage, physical character, and scale of the businesses that
11 serve the local community in the Lower Keys area.
12
13 Objective 1.1: Monroe County shall continue to manage the rate of residential and non-
14 residential growth in the Lower Keys to maintain adequate levels of service and ensure a
15 balance of land use to serve the existing and future population. Use of the Tier System as the
16 primary means to conserve natural areas, focus state and county acquisition programs,
17 manage growth in transition areas, and guide development to areas most appropriate for new
18 infill development and redevelopment.
19
20 Objective 1.2: Monroe County shall continue to use the Land Use District Map and Future
21 Land Use Map categories to regulate land use by type, density, and intensity.
22
23 Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land
24 use districts as the primary regulatory tools for evaluating development proposals.
25
E.Consistency with the provisions and intent of the Monroe County Land
26
Development Code
27
28 In accordance with Monroe County Land Development Code Section 102-158(d)(5), the
29 Board of County Commissioners (BOCC) may consider the adoption of an ordinance
30 enacting the proposed change based on one or more of the following factors:
31
32 1.Changed projections (e.g., regarding public service needs) from those on which the text
33 or boundary was based:
34 Not applicable.
35
36 2.Changed assumptions (e.g., regarding demographic trends):
37 Th
38 family and affinity groups who demand more commodious lodging (i.e., vacation rentals)
39
40
41 Staff has not identified any changed assumptions that would necessitate the proposed
42 amendment.
43
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 10 of 12
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1 3.Data errors, including errors in mapping, vegetative types and natural features described
2 in Volume 1 of the Year 2010 Comprehensive Plan:
3 The applicant states,
4
5
6 The existing permanent residential units on the property are recognized as lawful
7 nonconforming uses. However, such lawfully-established dwelling units are not
8 considered non-conforming to density, pursuant to Comprehensive Plan Policy 101.4.25.
9 Staff does not consider this to be evidence of a data error or an error in mapping.
10
11 4.New issues:
12 Goals, Objectives and Policies as outlined in
13 the recently-adopted Lower Keys CommuniKeys Plan will be facilitated by the proposed
14
15
16 Staff considered the consistency of the proposed amendment with the Lower Keys
17 Livable CommuniKeys Plan, adopted in 2012. Staff finds that the Lower Keys LCP is a
18 new issue in that it was created after the current Comprehensive Plan was adopted in
19 1993. Staff finds the proposed amendment furthers Goal 1, Objectives 1.1 and 1.2 and
20 Policy Item 1.2.1 of the Lower Keys LCP.
21
22 5.Recognition of a need for additional detail or comprehensiveness:
23 The MU District is intended to establish or conserve areas of mixed uses, commercial
24 fishing, resorts, residential, institutional and commercial uses, and preserve these as areas
25 representative of the character, economy and cultural history of the Florida Keys.
26
27 The subject property is an established resort and marina (Dolphin Marina & Cottages),
28 including the shuttle to Little Palm Island. The County issued a Letter of Development
29 Rights Determination (LDRD) in 2007 for this site, recognizing two (2) permanent
30 residential dwelling units, ten (10) transient units and 5,551 square feet of nonresidential
31 floor area were lawfully established.
32
33 6.Data updates:
34
35 the subarea segment identified as Segment 9, Torch Keys, and quantifies issues specific
36
37
38 Staff considered the consistency of the proposed amendment with the Lower Keys
39 Livable CommuniKeys Plan, adopted in 2012. Staff finds that the Lower Keys LCP
40 provided data updates in that it included goals, objectives and policy items that
41 specifically app
42 in the LCP). Staff finds the proposed amendment furthers Goal 1, Objectives 1.1 and 1.2
43 and Policy Item 1.2.1 as they apply to Torches within the Lower Keys LCP.
44
45
BOCC Staff Report 5/18/2016
File # 2015-152 Land Use District (Zoning) Map Amendment Page 11 of 12
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1 7.For FLUM changes, the principles for guiding development as defined in the Florida
2 Statutes relating to changes to the comprehensive plan:
3 Not applicable.
4
VRECOMMENDATION:
5
APPROVAL
6 Staff recommends of the proposed amendment to the Monroe County Land
7 Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU) for the
8 property located at 28500 & 28540 Overseas Highway, Little Torch Key, having Real Estate
9 Nos. 00113570-000000, 00113570-000100, 00113570-000200, 00113590-000000 and
10 00113620-000000.
11
12 Staff has found that the proposed Land Use District map amendment would be consistent
13 with the provisions of Monroe County Land Development Code Section 102-158(d)(5)(b):
14 Specifically, staff recommends approval of the proposed map amendment based on factors
15 #4 New issues; #5 Recognition of a need for additional detail or comprehensiveness and #6
16 Data updates.
17
VI EXHIBITS:
18
19
20 1.Letter of Understanding, July 28, 2015
21 2.Existing Land Use District Map (Craig Map)
22 3.Proposed Land Use District Amendment Maps
23 4.Staff Memorandum Addendum #1, December 8, 2015
24 5.Planning Commission Resolution No. P02-16
25
BOCC Staff Report 5/18/2016
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MEMORANDUM ADDENDUM #1
MCP&ERD
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
To:
Monroe County Planning Commission
Through:
Mayté Santamaria, Senior Director of Planning & Environmental Resources
From:
Kevin Bond, AICP, Planning and Development Review Manager
Date:
December 8, 2015
Subject:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO
MIXED USE (MU), FOR PROPERTY LOCATED AT 28500 & 28540
OVERSEAS HIGHWAY, LITTLE TORCH KEY, MILE MARKER 28.5
OCEANSIDE, LEGALLY DESCRIBED AS PARCELS OF LAND IN A PART
OF U.S. GOVERNMENT LOT 6, SECTION 28, TOWNSHIP 66 SOUTH,
RANGE 29 EAST, LITTLE TORCH KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS 00113570-000000, 00113570-000100,
00113570-000200, 00113590-000000 AND 00113620-000000, AS PROPOSED
BY PATRICK R AND DIANE COLEE, DOLPHIN MARINA ASSOCIATES
LTD AND TORCH KEY PROPERTIES LTD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
PROVIDING FOR AN EFFECTIVE DATE.
Meeting: December 16, 2015
1
ADDENDUM #1:
2
3
4At its November 18, 2015 meeting, the Planning Commission continued the hearing for the
5subject request to December 16, 2015. The continuance was to give the applicant and staff time
6to address concerns expressed by the public, surrounding property owners and the Planning
7Commission.
8
9The agent for the property owner/applicant submitted the attached supplement. Staff provides the
10following addendum.
11
Lower Keys MC FLUM and SC/MU Land Use Districts
12
13One of the questions raised at the public hearing was about which other land in the Lower Keys
14is located within the Mixed Use (MU) Land Use District. Staff created the maps below to show
15what land is currently located within the Mixed Use/Commercial (MC) Future Land Use Map
16(FLUM) Categories and within the Suburban Commercial (SC) and Mixed Use (MU) Land Use
17Districts. The Lower Keys Livable CommuniKeys Plan (LCP) includes land between U.S. 1
18Mile Markers 14.2 and 29.0.
File # 2015-152 Page 1 of 9
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1
2 MC FLUM parcels on the Torches SC and MU parcels on the Torches
3
Potential Changes in Permitted Uses
4
5 Questions were raised at the hearing about the potential changes in permitted uses that would
6 result from the proposed amendment from SC to MU. The proposed amendment, if approved,
7 would result in the continuation of almost all of the same uses that are currently allowed within
8 the SC Land Use District, either as-of-right or as a conditional use. Accessory uses and
9 institutional uses are permitted as-of-right in both districts.
10
11 The proposed amendment would open up the possibility of the following uses under the MU
12 District that are currently prohibited in the SC District:
13 Attached and detached residential dwellings (including vacation rental use of detached
14 dwelling units if special permit obtained).
15 One (1) to four (4) attached residential units would require a Minor Conditional Use
R
16 Permit, and more than four (4) attached residential units would require a Major
17 Conditional Use Permit.
18 Any number of detached residential dwellings are permitted as-of-right, including
R
19 vacation rentals.
20 Boat building or repair (in conjunction with a marina or commercial fishing use)
21 Commercial fishing and related uses
22 Broader commercial recreational uses (limited uses currently allowed in SC District)
23 Light industrial uses on parcels greater than two acres (already allowed in SC District on
24 parcels up to two acres as a Minor Conditional Use)
25 Wastewater treatment facilities and systems serving any use.
26
File # 2015-152 Page 4 of 9
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1 The proposed amendment would also result in the threshold for Major Conditional Use review of
2 hotels to increase from 25 to 50 rooms, parks would become an as-of-right use instead of a
3 Minor Conditional Use, and larger satellite earth stations would now require a Minor Conditional
4 Use permit.
5
Consistency with the Lower Keys (MM 14.2 29.0) Livable CommuniKeys Plan
6
7 Several comments and questions were made at the public hearing about the consistency of the
8 proposed land use map amendment with the Lower Keys LCP. The Agent for the Applicant, in
9 the written narrative of their application, mentioned the LCP several times without specifying
10 which goals, objectives or policy items the proposed amendment is consistent with. After the
11 November hearing, the Agent submitted the attached supplement to their narrative.
12
13 In its original memorandum, Staff evaluated the proposed amendment for consistency with the
14 LCP, which divides up the Lower Keys into six (6) subareas: Summerland, Sugarloaf, Cudjoe,
15 Baypoint/Saddlebunch, Torches and Ramrod. Appendix A of the LCP identifies which goals,
16 objectives and policies apply to each of the six subareas for the seven elements of the LCP. The
17 Future Land Use Element is excerpted below.
18
19
File # 2015-152 Page 5 of 9
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1 Out of the one goal, five objectives and 17 policies of the Future Land Use Element, only the one
2 goal, three objectives and seven policies apply to the Torches subarea. As part of this addendum,
3 staff evaluates each of the applicable portions of the LCP as follows.
4
5 Goal 1: Monroe County shall manage future growth to preserve the rural or low density
6 community character, protect the natural environment of the Lower Keys, and maintain and
7 encourage commercial revitalization along the U.S. 1 corridor. Community character includes
8 the cultural/traditional heritage, physical character, and scale of the businesses that serve the
9 local community in the Lower Keys area.
The subject property is commercial land directly adjacent to the U.S. 1 corridor. The property
10
currently exhibits aspects of community character, such as the existing marina and charter
11
fishing activities that are part of the cultural/traditional heritage of the Lower Keys. The
12
property currently serves tourists, seasonal residents and the local community through its
13
marina uses and its transient and non-transient dwelling units, and serving as the land base
14
for the off-shore Little Palm Island resort. The proposed amendment would encourage the
15
revitalization of the property, and bring some of the nonconforming uses into compliance with
16
the Code. Staff finds the proposed amendment is consistent with Goal 1.
17
18
19 Objective 1.1: Monroe County shall continue to manage the rate of residential and non-
20 residential growth in the Lower Keys to maintain adequate levels of service and ensure a balance
21 of land use to serve the existing and future population. Use of the Tier System as the primary
22 means to conserve natural areas, focus state and county acquisition programs, manage growth in
23 transition areas, and guide development to areas most appropriate for new infill development and
24 redevelopment.
The rate of growth of the property would continue to be managed through ROGO and
25
NROGO. The property is designated Tier III, which is the most suitable for new infill
26
development and redevelopment. Staff finds the proposed amendment is consistent with
27
Objective 1.1.
28
29
30 Policy Item 1.1.4: To increase awareness of potential development and redevelopment activity
31 periodic reports will be provided to the Lower Keys community summarizing the number,
32 location, and type of development applications received and accepted for review.
The periodic reports mentioned in this policy are not the responsibility of the applicant.
33
Although Policy Item 1.1.4 is not applicable, the subject map amendment is a development
34
application that has public notice and public hearing requirements prior to a final decision.
35
The public and surrounding property owners have been made aware of the proposed
36
amendment through the required public notice and have multiple opportunities to express
37
support for or against the proposed amendment in writing or in person at the public hearings.
38
39
40 Policy Item 1.1.5: Monroe County will encourage individuals seeking minor and major
41 conditional use approvals to meet with neighboring property owners and representatives of
42 community groups prior to the submittal of permit applications.
Although the current request is not a conditional use and therefore Policy Item 1.1.5 does not
43
apply, the Agent and Applicant/Property Owner are encouraged to meet with neighboring
44
property owners and community groups about the proposed map amendment. The Agent states
45
File # 2015-152 Page 6 of 9
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they have made efforts to meet with the neighbors and are planning to hold a community
1
meeting.
2
3
4 Objective 1.2: Monroe County shall continue to use the Land Use District Map and Future Land
5 Use Map categories to regulate land use by type, density, and intensity.
The LCP is silent about map amendments between different FLUM Categories and Land Use
6
(Zoning) District. The proposed land use map amendment would maintain the same MC
7
FLUM Category. As the above maps show, most land within the MC FLUM is located along
8
the U.S. 1 corridor. More land is located within the SC District than the MU District. Of the
9
two existing areas of MU District within the Lower Keys LCP area, one is located on Little
10
Torch Key just north of the subject property, across Overseas Highway. The character of the
11
existing Lower Keys areas within the MU District exhibits a range of commercial and
12
residential uses. The MU District would allow more types of uses than currently allowed by the
13
SC District, and bring some existing nonconforming uses into compliance. The potential
14
changes in maximum density and intensity were previously analyzed, with allocated density
15
decreasing, maximum net density (for TDRs and affordable housing) increasing and
16
nonresidential intensity remaining the same. The County would continue to use the FLUM
17
and Land Use District maps to regulate land uses. Staff finds the proposed amendment is
18
consistent with Objective 1.2.
19
20
21 Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use
22 districts as the primary regulatory tools for evaluating development proposals.
The FLUM categories and land use districts would continue to be the primary regulatory tools
23
for evaluating development proposals. Staff finds the proposed amendment is consistent with
24
Policy Item 1.2.1.
25
26
27 Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State
28 Critical Concern and height restriction policies specified within the Monroe County
29 Comprehensive Plan and the Monroe County Land Development Code.
The County continues to implement the FKACSC and height restriction policies. Staff finds
30
the proposed amendment is consistent with Policy Item 1.2.2.
31
32
33 Objective 1.3: Monroe County shall evaluate the effectiveness of existing neighborhood
34 conservation efforts, and, if necessary, revise existing or prepare new policies, procedures, and
35 programs to conserve, stabilize, and improve conditions in existing neighborhoods.
The subject property is located north of the Jolly Roger Estates subdivision, which is a
36
residential neighborhood. Although Staff is unaware of any existing neighborhood
37
conservation efforts, several surrounding property owners and residents spoke at the public
38
hearing about concerns they have with the current operation of the businesses and marina on
39
the subject property. Concerns mentioned include high boat traffic on the shared canal
40
between the subject property and the residential subdivision to the south, boats causing wakes
41
and damage to docks and seawalls, noise and odors coming from the subject property, and
42
excessive number of vehicles parked on the subject property. There are also concerns about
43
these problems becoming worse if the proposed map amendment is approved.
44
45
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Since many of these concerns relate to the current management and operation of the existing
1
businesses on that a
2
neighborhood meeting be held so that residents can express to the property owner their
3
concerns about the current uses, the proposed map amendment and any future redevelopment
4
of the property. Staff finds the proposed amendment is consistent with Objective 1.3, provided
5
that the applicant/property owner makes a good faith effort to consider the concerns of
6
surrounding property owners and residents as they relate to conserving, stabilizing and
7
improving conditions for existing neighborhoods.
8
9
10 Policy Item 1.3.1: To maintain the rural character of existing neighborhoods, improved
11 subdivisions, and lands along the rights-of-way of local roadways, Monroe County shall prepare
12 and adopt standards limiting clearance of existing native vegetation, including vegetated areas
13 with little value as wildlife habitat, and requiring mitigation where clearance is deemed
14 unavoidable.
15
in Chapter 118 of the Land Development Code. Any future clearing on the property would be
16
subject to Code Chapter 118 and the Comprehensive Plan, regardless of any map amendment.
17
Staff finds the proposed amendment is consistent with Policy Item 1.3.1.
18
19
20 Policy Item 1.3.2: Monroe County will explore the feasibility of enacting design guidelines to
21 ensure new development and redevelopment in and adjacent to existing improved subdivisions is
22 compatible in scale and character with surrounding properties. The guidelines, if deemed
23 feasible, may address the following:
24 conservation of existing and establishment of new native vegetation and buffers;
25 limits on impervious surfaces;
26 building placement, massing, and height;
27 enclosure of building areas below base flood elevation; and
28 location and screening of parking areas, mechanical equipment, and trash receptacles.
No design guidelines for new development and redevelopment have been enacted. The current
29
Land Development Code would require:
30
Existing vegetation to be conserved under Code Chapter 118, Environmental Protection
31
A Class B land use district boundary buffer between the SC or MU District and the
32
adjacent IS District (reduced from Class D, due to the canal)
33
Impervious surfaces to be limited by required setbacks, landscaping, minimum open space
34
and stormwater management
35
Building placement, massing and height to be subject to the bulk regulations (required
36
setbacks, maximum height) of Chapter 130, Article VI.
37
Below-flood enclosures to be regulated by Code Chapter 122, floodplain management.
38
A Class A parking landscaping for the current SC District
39
A Class C parking landscaping for the proposed MU District
40
Trash enclosures to be screened.
41
Staff finds the proposed amendment is consistent with Policy Item 1.3.2.
42
43
44 Policy Item 1.3.3: Monroe County will work with residents and neighborhood organizations to
45 identify properties with code violations and work with owners to bring properties into
46 compliance.
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There are no open code violations on the property. Staff finds the proposed amendment is
1
consistent with Policy Item 1.3.3.
2
3
4 Policy Item 1.3.4: Monroe County will ensure that residential design guidelines, if enacted, do
5 not create a financial burden on property owners.
Not applicable.
6
7
RECOMMENDATION:
8
APPROVAL
9 The staff recommendation is unchanged. Staff recommends of the proposed
10 amendment to the Monroe County Land Use District (Zoning) Map from Suburban Commercial
11 (SC) to Mixed Use (MU) for the property located at 28500 & 28540 Overseas Highway, Little
12 Torch Key, having Real Estate Nos. 00113570-000000, 00113570-000100, 00113570-000200,
13 00113590-000000 and 00113620-000000.
14
15 Staff has found that the proposed Land Use District map amendment would be consistent with
16 the provisions of Monroe County Land Development Code Section 102-158(d)(5)(b):
17 Specifically, staff recommends approval of the proposed map amendment based on factors #4
18 New issues; #5 Recognition of a need for additional detail or comprehensiveness and #6 Data
19 updates.
20
ADDENDUM EXHIBITS:
21
22
23 1.Agent Supplement
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Exhibit 1 to Ordinance# -2015
00113570-000100
00113570-000000
00113620-000000
00113590-000000
00113570-000200
The Monroe County Land Use Map is amended
as indicated above.
¯
Proposal: Land Use change of five parcels of land on Little Torch Key having Real Estate Numbers: 00113570-000000,
00113570-000100, 00113570-000200, 00113590-000000, 00113620-000000 from Suburban Commercial (SC) to
Mixed Use (MU).
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