Item I4County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: I.4
Agenda Item Summary #2788
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
N/A
AGENDA ITEM WORDING: A resolution by the Monroe County Board of County
Commissioners confirming the administrative boundary interpretation of the Senior Director of
Planning & Environmental Resources in a Future Land Use Map boundary determination regarding
Square 20, Ocean Acres (PB1 -188), Key Largo, Monroe County, FL, having Real Estate Number
00454520.000000.
ITEM BACKGROUND: The Applicant, Magnolia 101, LLC is requesting a boundary
determination for property located at 101 Magnolia Street, Key Largo, to confirm the Future Land
Use Map (FLUM) designation of the Residential Low (RL) portion of the property is in error and the
property should be designated Mixed Use /Commercial (MC). The boundary determination would
designate the entire property as MC.
Pursuant to MCC §102- 21(b)(2)h., it is the authority and duty of the Director of Planning to render
interpretations of the official Future Land Use Map.
On April 29, 2013, a Letter of Understanding (LOU) for the subject property was issued by the
Planning Director at the time, Townsley Schwab, in which Planning Director Schwab made the
interpretation that Lot 20 is entirely within the MC future land use category.
The boundaries of the FLUM for the subject property and surrounding area as shown on Map 2 of
the official 1997 Future Land Use Map are as follows (approximate location of subject property
circled):
The boundaries of the FLUM for the subject property and surrounding area as shown in the current
Monroe County GIS database are as follows (subject property outlined):
Based on the preceding interpretation by the Planning Director Schwab, staff has determined that a
drafting error occurred on the official land use map and the future land use map. To resolve the error,
the Board of County Commissioners must confirm the interpretation of Planning Director Schwab
before the boundary determination interpretation is effective; however, no official Boundary
Determination was confirmed by the Board of County Commissioners at the time of the 2013 LOU.
In 2002, a minor conditional use permit was issued for the construction of a 1,104 SF structure to be
used as a waste separation facility on the MC portion (northwestern portion) of the subject parcel.
The approval was memorialized by Development Order 402 -02, signed by the Planning Director on
April 28, 2002 and recorded in the official records of Monroe County on June 7, 2002.
As part of the conditional use permit approval authorized by Development Order 402 -02, the County
applied a condition requiring the property owner to place a conservation easement on the SR (RL)
portion of the subject parcel.
The Applicant is requesting the boundary determination in order to try and resolve outstanding code
enforcement violations and allow the light industrial use as a permitted use on the southeastern
portion of the property.
The subject property currently has outstanding code enforcement violations (active litigation)
regarding clearing without the benefit of a building permit and expansion of a light industrial use
into the RL portion of the property without the benefit of a building permit. A boundary
determination for the FLUM on the subject property designating the entire parcel as MC is just one
of multiple options available to the applicant to move towards resolving the site's ongoing code
enforcement violations.
Pursuant to MCC §102- 158(e), typographical or drafting errors: amendments to the text to correct
typographical or drafting errors may be adopted by the BOCC without posted notice or public
hearing at any regular meeting and notice of such amendments shall be transmitted to the State Land
Planning Agency within 30 days.
This action is quasi - legislative in nature.
PREVIOUS RELEVANT BOCC ACTION:
In 1993, the County adopted a set of Future Land Use Maps pursuant to a joint stipulated settlement
agreement and Sec. 163.3184 Florida Statutes. Ordinance 4016 -1993 memorialized the approval.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution - Magnolia 101 Boundary Determination
Exhibit A to Resolution - Magnolia 101 Boundary Determination
Staff Report - Magnolia 101 Boundary Determination
Exhibit 1 to Staff Report - LOU 4.29.13
Exhibit 2 to Staff Report - Zoning Map Sheet 133
Exhibit 3 to Staff Report - FLUM_Map2
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount: N/A
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine
Hurley
03/27/2017 3:56 PM
Steve Williams
Completed
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Mayte Santamaria
Completed
Emily Schemper
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
03/26/2017 2:00 PM
Completed
03/27/2017 4:11 PM
03/27/2017 4:52 PM
03/27/2017 4:59 PM
03/20/2017 4:32 PM
03/20/2017 4:32 PM
03/27/2017 8:28 PM
03/28/2017 10:21 AM
03/28/2017 4:29 PM
04/12/2017 9:00 AM
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MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -2017
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CONFIRMING THE
ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE
SENIOR DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES IN A FUTURE LAND USE
MAP BOUNDARY DETERMINATION REGARDING SQUARE
20, OCEAN ACRES (PB1 -188), KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00454520.000000, AS REQUESTED BY MAGNOLIA 101, LLC.
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WHEREAS, on December 2, 2016, the Monroe County Planning and Environmental
Resources Department received a request from Magnolia 101, LLC (Applicant) for a boundary
determination for property located at 101 Magnolia Street, Key Largo, to change the Future Land
Use Map (FLUM) designation of the Residential Low (RL) portion of the property to Mixed
Use /Commercial (MC), thereby designating the entire property as MC; and
WHEREAS, the subject property is legally described as Square 20, Ocean Acres (PB1-
188), Key Largo, Monroe County, Florida, having Real Estate Number 00454520.000000; and
WHEREAS, pursuant to MCC § 102- 21(b)(2)h., it is the authority and duty of the
Director of Planning to render interpretations of the official Future Land Use Map; and
WHEREAS, a Letter of Understanding (LOU) for the subject property was issued on
April 29, 2013, by the Planning Director at the time, Townsley Schwab, in which Planning
Director Schwab made the interpretation that Lot 20 is entirely within the MC future land use
category; and
WHEREAS, based on the preceding interpretation by the Planning Director Schwab,
staff has determined that a drafting error occurred on the official land use map and the future
land use map; and
WHEREAS, the Applicant is requesting a boundary determination in order to allow light
industrial use as a permitted use on the southeastern portion of the property; and
Resolution No. -2017 Page 1 of 3
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WHEREAS, the subject property currently has outstanding code enforcement violations
regarding clearing without the benefit of a building permit and expansion of a light industrial use
into the RL portion of the property without the benefit of a building permit; and
WHEREAS, a boundary determination for the FLUM on the subject property confirming
the designation MC for the entire parcel is just one of several steps the applicant must take to
receive building permits for a light industrial use on the southeastern portion of the parcel, which
is one of multiple options available to the applicant to move towards resolving the site's ongoing
code enforcement violations; and
WHEREAS, to resolve the error, the Board of County Commissioners must confirm the
interpretation of Planning Director Schwab before the boundary determination interpretation is
effective; and
WHEREAS, no official Boundary Determination was confirmed by the Board of County
Commissioners at the time of the 2013 LOU; and
WHEREAS, pursuant to MCC §102- 158(e), typographical or drafting errors:
amendments to the text to correct typographical or drafting errors may be adopted by the BOCC
without posted notice or public hearing at any regular meeting; and
WHEREAS, pursuant to MCC §102- 158(e), notice of such amendments shall be
transmitted to the State Land Planning Agency within 30 days; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
The interpretation of the official Future Land Use Map by Townsley Schwab, Senior Director of
Planning & Environmental Resources, recommending correction of the Future Land Use Map
boundary is hereby found to be in conformance with the standards set forth in the Monroe
County Land Development Code and is approved.
Section 1. The parcel of land legally described as Square 20, Ocean Acres (PB1 -188), Key
Largo, Monroe County, Florida, having Real Estate Number 00454520.000000 shall be
designated as Mixed Use /Commercial (MC) on the Future Land Use District Map of the Monroe
County Comprehensive Plan (attached hereto as Exhibit A).
Section 2. The above conclusions of law are predicated upon the findings of fact and conclusions
of law outlined in the staff recommendation, which this Board hereby adopts as its own.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
Resolution to the Monroe County Planning and Environmental Resources Department.
Section 5. The Clerk of the Board is hereby directed to forward a certified copy of this
Resolution to the Florida State Land Planning Agency as required by § 102- 158(e) of the Monroe
County Code.
Resolution No. _____ - 2017 Page 2 of 3
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 12' day of April, 2017.
MONFIOE COUNTY A - rr-Y
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Date:
(SEAL)
ATTEST: KEVIN MADOK, CLERK
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
F31
DEPUTY CLERK
Mayor George Neugent
Resolution No. -2017 Page 3 of 3
Exhibit A to Resolution # -2017
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VENICE AVE
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004-54 20-
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The Monroe County Future Land Use Map is amended
as indicated below.
Boundary Determination amending Future Land Use Map designation of one parcel of land
in Key Largo having Real Estate Number 00454520 - 000000 from Mixed Use /Commercial and N
Residential Low (RL) to Mixed Use /Commercial (MC). A
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources
From: Emily Schemper, AICP, Comprehensive Planning Manager
Date: March 17, 2017
Subject: A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CONFIRMING THE ADMINISTRATIVE BOUNDARY
INTERPRETATION OF THE SENIOR DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES IN A FUTURE LAND USE MAP
BOUNDARY DETERMINATION REGARDING SQUARE 20, OCEAN
ACRES (PB1 -188), KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER 00454520.000000.
Meeting: April 12, 2017
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2 I REQUEST
3 The Applicant, Magnolia 101, LLC, is requesting a boundary determination of the
4 Residential Low (RL) / Mixed Use /Commercial (MC) boundary line on the official Monroe
5 County Future Land Use Map (FLUM) for property at 101 Magnolia St., Key Largo,
6 described as Square 20, Ocean Acres (PB1 -188), Key Largo, Monroe County, FL, having
7 Real Estate Number 00454520.000000.
I
Page 1 of 7 (File 2016 -010)
Current Monroe County GIS Future Land Use Map
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II BACKGROUND INFORMATION
Address: 101 Magnolia St., Key Largo, approximate mile marker 100 (Atlantic Ocean side
of US 1)
Legal Description: Square 20, Ocean Acres (PB1 -188), Key Largo, Monroe County, FL
Real Estate (RE) Number: 00454520.000000
Size of Site: According to the survey submitted, 42,982 square feet (0.99 acres)
Land Use (Zoning) District Designation: The northwestern portion (approximately 23,000
SF per Monroe County GIS) of the lot is designated as Suburban Commercial (SC); the
southeastern portion (approximately 20,000 SF per Monroe County GIS) of the lot is
designated as Suburban Residential (SR)
Future Land Use Map (FLUM) Designation: The northwestern portion (approximately
23,000 SF per Monroe County GIS) of the lot is designated as Mixed Use /Commercial (MC);
the southeastern portion (approximately 20,000 SF per Monroe County GIS) of the lot is
designated as Residential Low (RL)
Tier Designation: Tier 3
Applicant:
Property Owner: Magnolia 101, LLC
Agent: Don Horton, Island Construction Management, Inc.
III RELEVANT PREVIOUS COUNTY DEVELOPMENT REVIEW ACTIONS
In 1991, the Monroe County Building Department issued Building Permit 4913 -3552,
approving the construction of a 1,104 SF unenclosed storage shed on the subject parcel. This
is the first building permit on file for the subject property. In 1999, the Building Department
issued Building Permit 4993 -0162 approving security lighting for the outdoor storage area.
In 2002, a minor conditional use permit was issued for the construction of a 1,104 SF
structure to be used as a waste separation facility on the SC portion (northwestern portion) of
the subject parcel (Planning Department File 422016). The approval was memorialized by
Development Order 402 -02, signed by the Planning Director on April 28, 2002 and recorded
in the official records of Monroe County on June 7, 2002.
In 2003, the Building Department issued Building Permit 4023 -3419, approving the
construction of a 1,106 SF commercial building on the SC portion of the subject parcel and
other site improvements related to Development Order 402 -02 (note: the building permit file
is filed with RE 00454110.000000, not RE 00454520.000000). The building received a
certificate of occupancy on November 7, 2003.
In addition, since 2002, several other building permits have been issued for the subject parcel
to facilitate the waste separation facility on the SC portion of the site, including Building
Permit 4103 -7017, which was issued on April 11, 2011 for stormwater- related
improvements.
As part of the conditional use permit approval authorized by Development Order 402 -02, the
County applied a condition requiring the property owner to place a conservation easement on
Page 2 of 7
(File 2016 -010)
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the SR portion of the subject parcel. Previous clearing has been carried out on the subject
parcel, including within the conservation easement, without the benefit of a building permit,
and has been the subject of code enforcement action. Expansion of the light industrial use
into the SR portion of the subject parcel without the benefit of a permit has also resulted in
code enforcement action.
As of the date of the this staff report, several code enforcement cases regarding clearing
and use of the SR portion of the property for light industrial uses remain open, and the
County is in active litigation with the property owner regarding those cases.
Among several other options, acquiring a building permit which approves the light industrial
use on the southeastern portion of the subject parcel would be one avenue the applicant may
pursue in order to move towards resolving these ongoing code enforcement violations.
On February 6, 2013, representatives of the Applicant met with Townsley Schwab, the
Monroe County Planning Director at the time, and several other staff members to discuss a
proposed development plan for the site that included expansion of the light industrial use into
the SR portion of the site. To document the discussion at the meeting, a Letter of
Understanding (LOU) was issued by Mr. Schwab on April 29, 2013 (attached as Exhibit 1).
(Please note, pursuant to Section 110 -3 of the Land Development Code, an applicant is
entitled to rely upon the representations set forth in an LOU as accurate under the
regulations in effect at the time of issuance. The LOU does not provide any vesting to the
existing regulations. If the Land Development Code or Comprehensive Plan is amended, the
project is required to he consistent with all regulations and policies at the time of
development approval.)
As discussed in the LOU, a boundary determination for the FLUM on the subject property
designating the entire parcel as MC is just one of several steps the applicant must take to
receive building permits for a light industrial use on the southeastern portion of the parcel,
which is one of multiple options available to the applicant to move towards resolving the
site's ongoing code enforcement violations.
Additional steps necessary before permits for a light industrial use could potentially be issued
for that portion of the site include: 1) amendment to the Land Use (Zoning) District map for
the site designating the entire parcel as SC; 2) removal by the County of the conservation
easement on lot 20; 3) recording of a conservation easement on Lots 1, 4 and 5 (or donation
of these parcels to Monroe County); and 4) amendment to the minor conditional use permit
for the site (note: there is no guarantee that the County will approve all items listed — each
application will be evaluated based on its own merits).
IV ANALYSIS OF REQUEST
In 1960, Monroe County adopted its first zoning regulations that referenced zoning or land
use districts. Resolution 4Z -1 memorialized the approval.
Page 3 of 7
(File 2016 -010)
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In 1973, Monroe County adopted a revised set of zoning regulations that continued to
reference zoning or land use districts. Ordinance 41 -1973 memorialized the approval.
Ordinance 41 -1973 also approved a series of zoning maps for all areas of the unincorporated
county.
In 1986, Monroe County adopted a revised set of zoning regulations that continued to
reference zoning or land use districts. Ordinance 433 -1986 memorialized the approval.
Ordinance 433 -1986 also approved a revised series of zoning maps (also known as the
official land use district maps or the Pattison Maps) for all areas of the unincorporated
county.
In 1992, a revised series of zoning maps was approved (also known as the official land use
district maps or the Craig Maps) for all areas of the unincorporated county. This map series,
dated 1988, consisted of 583 sheets scaled at 1 " =20'. These maps depicted boundary
determinations carried out between 1986 and 1988. The 1992 maps remain the official Land
Use District (Zoning) maps of Monroe County.
On Sheet 133 of the Official 1992 Land Use District Map, the subject property is partially
within a Suburban Commercial (SC) land use (zoning) district (western side) and partially
within a Suburban Residential (SR) land use (zoning) district (eastern side), as sh
own below:
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In 1993, a series of future land use maps associated with the comprehensive plan, entitled the
Future Land Use Map (FLUM), were adopted for all areas of the unincorporated county.
This map series, which became effective in 1997, consisted of 8 sheets scaled at 1 "= 2,000'.
In 1993, the County adopted a set of Future Land Use Maps pursuant to a joint stipulated
settlement agreement and Sec. 163.3184 Florida Statutes. Ordinance 4016 -1993
memorialized the approval. These maps remain the official Future Land Use Maps for the
County.
Page 4 of 7
(File 2016 -010)
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The boundaries of the FLUM for the subject property and surrounding area as shown on Map
2 of the official 1997 Future Land Use Map are as follows (approximate location of subject
property circled):
The boundaries of the FLUM for the subject property and surrounding area as shown in the
current Monroe County GIS database are as follows (subject property outlined):
On February 6, 2013, representatives of the Applicant met with Townsley Schwab, the
Monroe County Planning Director at the time, and several other staff members to discuss a
proposed development plan for the site, including expansion of the light industrial use into
Page 5 of 7
(File 2016 -010)
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the SR portion of the site. To document the discussion at the meeting, a Letter of
Understanding (LOU) was issued by Mr. Schwab on April 29, 2013 (see Exhibit 1).
As described in the 2013 LOU, at the 2013 pre - application conference, the Land Use District
(Zoning) and Future Land Use Map designations were presented and discussed with the
Applicant. At that time, the Applicant did not dispute the land use district boundaries;
however, the Applicant did dispute the FLUM boundaries as they are depicted in the
County's GIS database. Following an independent review of the official FLUM map, the
Applicant asserted that the MC /RL boundary line runs north /south, not northeast /southwest.
Under this interpretation, Lot 20 would be designated MC in its entirety, as opposed to
partially MC and partially RL.
Pursuant to MCC §102- 21(b)(2)h., it is the authority and duty of the Director of Planning to
render interpretations of the official Future Land Use Map.
After a detailed review of the official FLUM map, Planning Director Schwab concluded that
the MC /RL line does in fact run north /south and not at an angle. Using geographic points on
the map, staff also concluded that Lot 20 is entirely within the MC future land use category.
The amended boundaries of the FLUM for the subject property and surrounding area as
shown in the GIS database would be as follows:
Planning Director Schwab documented this interpretation in the 2013 LOU, however, no
official Boundary Determination was confirmed by the Board of County Commissioners.
Page 6 of 7
(File 2016 -010)
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Pursuant to MCC §102- 158(e), Typographical or drafting errors: amendments to the text to
correct typographical or drafting errors may be adopted by the BOCC without posted notice
or public hearing at any regular meeting.
Based on the preceding interpretation by the Director of Planning, staff has determined that a
drafting error occurred on the official Future Land Use Map. To resolve the error, the BOCC
must confirm the interpretation of the Director of Planning before the interpretation is
effective and the official land use map is revised to reflect the boundary determination.
As a note, pursuant to MCC §102- 158(e), as long as the county is within an area of critical
state concern, notice of such amendments shall be transmitted to the State Land Planning
Agency within 30 days.
V RECOMMENDATION
Staff recommends APPROVAL to the BOCC of a resolution confirming the administrative
boundary interpretation of the Senior Director of Planning and Environmental Resources in a
Future Land Use Map boundary determination regarding Square 20, Ocean Acres (PB1 -188),
Key Largo, Monroe County, Florida, having Real Estate Number 00454520.000000.
VI EXHIBITS
1. Letter of Understanding, dated 4/29/2013
2. Official Land Use District (Zoning) Map
3. Official Future Land Use Map
Page 7 of 7
(File 2016 -010)
County of Monroe
Growth Management Don
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tem Heather Carruthers, Dist. 3
Danny Kothage, Dist. 1
David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
9M.
William W. Riley
Bilzin Sumber Attorneys at Law
9
1450 Brickell Avenue
Miami, FL 33131
SUBJECT: LETTER OF UNDERSTANDING CONCERNING FOUR (4) PARCELS
OF LAND OWNED BY MAGNOLIA 101 LLC, LOCATED ON
MAGNOLIA STREET, KEY LARGO AND HAVING REAL ESTATE
NUMBERS 00454110.000000, 00454220.000000, 00454230.000000 AND
00454520.000000
ammm
Materials presented for review include•
(a) Pre-Application Conference Request Form;
(b) Monroe County Property Record Cards;
(c) Monroe County Land Use District Map and Future Land Use Map; and
(d) Site Plan by unknown and not dated.
nW41%
The Applicant is proposing to redevelop the site by expanding the area in which the existing
waste separation facility was originally approved to utilize by Development Order #02-02
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013-013) Page 1 of 12
The subject property is located at the eastern end of Magnolia Street on Key Largo, situated
at approximate mile marker 100 on the Atlantic Ocean side of US 1. The business currently
operating on the property is Atlantic Trash & Transfer LLC.
2. The property is comprised of four adjacent parcels, legally described as Squares (also
referred to as Lots) 1, 4, 5, 20, Ocean Acres (PB1 -188), Key Largo, Monroe County,
Florida and assessed under real estate (RE) numbers 00454110.000000 (Lot 1),
00454220.000000 (Lot 4), 00454230.000000 (Lot 5) and 00454520.000000 (Lot 20). Note:
The property is often referred to as part Lots 35, 36 and 45, which, as shown on the plat,
underlie the squares referenced in the preceding legal description.
3. According to the Ocean Acres plat, Lot 1 consists of 38,020 SF of land area (190.1' x
200'), Lot 4 consists of 38,020 SF of land area (190.1' x 200'), Lot 5 consists of 38,000 SF
of land area (190' x 200'), and Lot 20 consists of 43,000 SF of land area (215' x 200').
All calculations included in this letter are based on the dimensions provided on the plat,
which may be inaccurate. A boundary survey was not submitted for review. In addition, the
site plan submitted with the application did not provide the total amount of upland. A sealed
boundary survey indicating the total amount of upland area shall be required at the time of
application submittal for any development approval affecting open space or land use
intensity. If the amount of upland area provided on the boundary survey differs from the
dimensions on the plat, then calculations provided in this letter are subject to change.
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 2 of 12
Subject Property with Land Use Districts Overlaid (Aerial dated 2012)
RELEVANT PRIOR ENVIRONMENTAL RESOURCE DEPI
ACTIONS
1. In 1991, the Monroe County Building Department issued Building Permit #913 -3552,
approving the construction of a 1,104 SF unenclosed storage shed on Lot 20. This is the
first building permit on file for the subject property. In 1999, the Building Department
issued Building Permit #993 -0162 approving security lighting for the outdoor storage area
on Lot 20.
2. In 2002, a minor conditional use permit was issued for the construction of a 1,104 SF
structure to be used as a waste separation facility on Lot 20 (Planning Department File
#22016). The approval was memorialized by Development Order #02 -02, signed by the
planning director on April 28, 2002 and recorded in the official records of Monroe County
on June 7, 2002.
3. In 2003, the Building Department issued Building Permit #023 -3419, approving the
construction of a 1,106 SF commercial building on Lot 20 and other site improvements
related to Development Order #02 -02 (note: the building permit file is filed with RE
00454110.000000, not RE 00454520.000000). The building received a certificate of
occupancy on November 7, 2003. In addition, since 2002, several other building permits
have been issued on Lot 20 to facilitate the waste separation facility.
The following land development regulations directly affect the proposal; however, please
note that there are other land development regulations not referred to nor described in this
letter which may govern future development as well.
1. In 1992, a revised series of zoning maps, entitled the Official Land Use District Map, were
adopted for all areas of the unincorporated county. This map series, dated 1988, consisted
of 583 sheets scaled at 1 " =20'.
On the Official Land Use District Map, the subject property is partially within a Suburban
Commercial (SC) land use (zoning) district (western side) and partially within a Suburban
Residential (SR) land use (zoning) district (eastern side). Note: Lots 20 and 1 are partially
SC and partially SR, while Lots 4 and 5 are entirely SR.
In 1993, a series of future land use maps associated with the comprehensive plan, entitled
the Future Land Use Map (FLUM), were adopted for all areas of the unincorporated county.
This map series, which became effective in 1997, consisted of 8 sheets scaled at 1 "= 2,000'.
Using the Monroe County GIS database - consistent with the boundaries of the SC district,
the property is within a Mixed Use / Commercial (MC) FLUM category and consistent with
the boundaries of the SR district, the property is within a Residential Low (RL) FLUM
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 3 of 12
category. Note: Lots 20 and I are partially MC and partially RL, while Lots 4 and 5 are
entirely RL.
The boundaries of the FLUM for the subject property and surrounding area as shown on the
ifficial FLUM Map are as follows:
00011116 1 8 =$I 6, 1 6 14 W114*9611
6 m rm , - T T7 Lrie GIS (MaDase wel
SMITH
as follows:
D -- I
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013-013) Page 4 of 12
Pursuant to MCC § 102- 21(b)h., the planning director has the jurisdiction and the authority
to render interpretations of the FLUM.
After a detailed review of the official FLUM map (attached), the planning director has
concluded that the MC/RL line does in fact run north/south and not at an angle. Using
geographic points on the map, staff has also concluded that Lot 20 is entirely within the MC
future land use category; however, using the same logic, Lot 1, which is located northeast
of Lot 20, is entirely within the RL future land use category.
The amended boundaries of the FLUM for the subject property and surrounding area as
shown in the GIS database are as follows:
With this FLUM boundary interpretation, there is an inconsistency between the Official
Land Use District Map and the official FLUM. The Applicant may submit a map
amendment application to modify either map to resolve the inconsistency or await a county-
initiated process that would address remedying the inconsistency (however please be aware
that the county does not have any immediate plans to do so at this time or in the near
future).
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013-013) Page 5 of 12
2. Lot 20 (RE 00454520.000000) is designated Tier III. Lot 1 (RE 00454110.000000, Lot 4
(RE 00454220.000000) and Lot 5 (RE 00454230.000000) are designated Tier I.
3. The Applicant's proposal involves expanding the operations of the waste separation facility,
which is a light industrial use, to all areas of Lot 20.
All of Lot 20 is MC on the official FLUM. A light industrial use would be consistent with
the purpose of the MC future land use category as set forth Comprehensive Plan Policy
101.4.5, which is to provide for the establishment of commercial zoning districts where
various types of commercial retail and office may be permitted at intensities which are
consistent with the community character and the natural environment.
A portion of Lot 20 is SC on the Official Land Use District Map. Pursuant to MCC §130-
43, light industrial use is consistent with the purpose of the SC district, which is to establish
areas for commercial uses designed and intended primarily to serve the needs of the
immediate planning area in which they are located.
The remaining portion of Lot 20 is SR on the Official Land Use District Map. Pursuant to
MCC §130-44, a light industrial use is not consistent with the purpose of the SR district,
which is to establish areas of low- to medium - density residential uses characterized
principally by single - family detached dwellings.
Prior to any approval allowing light industrial use of all of Lot 20, the Official Land Use
District Map must be amended.
4. As shown on the proposed site plan, the Applicant is proposing to develop the subject
property with a 900 SF "Class I Waste Transfer Building" and several accessory structures
and outdoor storage areas associated with the light industrial use.
Pursuant to MCC §130 -93, in the SC district, density - permitting, light industrial uses may
be permitted with a minor conditional use permit, provided that a) the parcel proposed for
development does not have an area of greater than two acres; b) the parcel proposed for
development is separated from any established residential use by at least a class C
bufferyard; and c) all outside storage areas are screened from adjacent use by a solid fence,
wall or hedge at least six feet in height.
Pursuant to MCC § 130 -94, in the SR district, light industrial uses are not permitted.
Prior to any approval allowing light industrial use of all of Lot 20, the Official Land Use
District Map must be amended.
5. If the Applicant successfully receives a map amendment to designate all of Lot 20 as SC, an
amendment to the site's minor conditional use permit will be required prior to the issuance
of any building permits related to the expansion. Minor conditional use permit applications
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 6 of 12
are approved, approved with conditions or denied by the planning director following a
public meeting of the Development Review Committee.
Pursuant to MCC §110-67, when considering applications for a minor conditional use
permit, the planning director shall consider the extent to which 1) the conditional use is
consistent with the purposes, goals, objectives and standards of the Comprehensive Plan
and the MCC; 2) the conditional use is consistent with the community character of the
immediate vicinity of the parcel proposed for development; 3) the design of the proposed
development minimizes adverse effects, including visual impacts, or the proposed use on
adjacent properties; 4) the proposed use will have an adverse effect on the value of
surrounding properties; 5) the adequacy of public facilities and services, including, but not
limited to, roadways, park facilities, police and fire protection, hospital and Medicare
services, disaster preparedness program, drainage systems, refuse disposal, water and
sewers, judged according to standards from and specifically modified by the public
facilities capital improvements adopted in the annual report required by the Land
Development Code; 6) the applicant for conditional use approval has the financial and
technical capacity to complete the development as proposed and has made adequate legal
provision to guarantee the provision and development of any open space and other
improvements associated with the proposed development; 7) the development will
adversely affect a known archaeological, historical or cultural resource; 8) public access to
public beaches and other waterfront areas is preserved as a part of the proposed
development; and 9) the proposed use complies with all additional standards imposed on it
by the particular provision of the Land Development Code authorizing such use and by all
other applicable requirements of the MCC.
C.
As proposed, the building would not exceed that allowed by the land use intensity
requirements.
Note: there is not a FAR for light industrial uses in the SR district as such uses are not
permitted.
7. In the SC district, there is a required open space ratio of at least 0.20 or 20 percent. In the
SR district, there is a required open space ratio of at least 0.50 or 50 percent.
The site plan submitted in the application does not provide enough information to fully
determine if the proposed development is in compliance with the open space requirements.
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 7 of 12
If the Applicant successfully receives a map amendment to designate all of Lot 20 as SC, in
the SC district, the following land use intensities apply:
8. The required non - shoreline setbacks in the SC and SR districts are as follows: Front yard —
25'; Rear yard — 10'; and Side yard — 10'/15' (where 10' is required for one side and 15' is
the minimum combined total of both sides).
There is a front yard setback requirement of 25' along the right -of -way of Magnolia, a 5'
side yard setback requirement along the western property line, a 10' side yard setback along
the eastern property line and a 10' rear yard setback along the southern property line.
Staff could not determine if the proposed new development would be in compliance as the
site plan was not provided in scale.
9. The development would be subject to the following off - street parking requirements:
pY }{ ltlskf �)h >., ". Ai)Q k,ti4$ ti YfY j ?r }A \A )} s + � 2 - �s };
{r,, .sf,: .>'•,zu
1� .i
30/45 degrees
t Aft,
t,
24'
60 degrees
Industrial
2 space / 1,000 SF
900 SF
1 space
If the site is open to the open to the public, an additional handicap - accessible space shall be
required. If there are 1 to 25 total parking spaces in a lot, at least one accessible parking
space is required. Such spaces shall be designed and marked for exclusive use of those
individuals who have a severe physical disability and have permanent or temporary
mobility problems who have been issued either a disabled parking permit or a license plate.
In addition, parking access aisles must be part of an accessible route to the building
entrance. The access aisle shall be striped diagonally to designate it as a no- parking zone.
Curb ramps must be located outside of the disabled parking spaces and access aisles.
All regular parking spaces, with the exception of parallel, must be at least 8'6" in width by
18' in length. Parallel parking spaces must be 8'6" in width by 25' in length. Handicap -
accessible parking spaces must be at least 12' in width with an access aisle of 5' in width.
Further, each required parking space shall have direct and unrestricted access to an aisle of
the following minimum width:
0 degrees
Width
12'
24'
30/45 degrees
15'
24'
60 degrees
18'
24'
75 degrees
22'
24'
90 degrees
24'
24'
Parking is not shown on the proposed site plan.
10. All non - residential uses with 0 SF to 2,499 SF of floor area are required to have a
loading/unloading space, measuring 11' by 3 5'.
The proposed site plan shows a 15, by 80' loading area.
11. A district bufferyard is required. Along a SC /SR boundary line, a class "D" district
boundary bufferyard is required. A class "D" bufferyard has a minimum width of 20' and
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 8 of 12
its planting requirements are described/illustrated in MCC §114 -128. Existing vegetation
may satisfy all or a portion of the bufferyard requirements.
A landscaping plan was not provided.
12. There are clearing limits for new development.
For Lot 20, which is tier III, 40 percent of upland native vegetation or 3,000 SF, whichever
is greater, may be cleared; however, the maximum amount of clearing shall be no more
than 7,500 SF of upland native vegetative area.
The clearing of parcels in tier III shall be limited to 7,500 SF per parcel. For parcels greater
than 30,000 SF, with the exception of parcels on Big Pine Key and No Name Key, clearing
for one driveway of reasonable configuration up to 18' in width is permitted to provide
reasonable access to the property for each parcel and shall be exempt from maximum
clearing limit of 7,500 SF. Clearing for a driveway shall be recommended by a county
biologist and approved by the planning director. The proposed driveway design shall
minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no
case shall clearing, including the driveway, exceed 20 percent of the entire site.
There has been previous clearing that has been carried out without the benefit of a building
permit. Such clearing shall require after -the -fact approval with appropriate mitigation.
13. Mitigation will be required for qualifying native vegetation removed for development. The
number, species and sizes of plants to be mitigated shall be identified in an existing
conditions report prepared and submitted by the Applicant and approved by the County
Biologist.
There has been previous clearing that has been carried out without the benefit of a building
permit. Such clearing shall require after -the -fact approval with appropriate mitigation.
14. In accordance with MCC §118-7(l), to the maximum extent practicable, development shall
be sited so as to preserve all listed threatened, endangered, commercially exploited, and
regionally important native plant species and all native trees with a diameter at breast height
(DBH) of greater than 4 ".
15. There is an existing access drive to the site, to /from Magnolia Street. As shown on the
proposed site plan, access would remain the same.
16. A stormwater management plan shall be required as a part of any conditional use permit or
building permit application that involves modifications to the site. This plan shall detail pre
and post development water flow and storage on site with supporting calculations. Pursuant
to MCC § 114 -3(e), water management areas shall be legally reserved to and maintained by
the operational entity and be dedicated on the plat, deed restriction, or easements. Any
change in the use of the property must comply with this regulation and any other
requirements of the Comprehensive Plan and the Land Development Code. Stormwater
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 9 of 12
management areas shall be connected to a public road or other location from which
operation and maintenance means of access are legally and physically available to the
operational entity, in accordance with county land development regulations governing
subdivision of land. As provided in MCC § 114 -3 (g), it is the responsibility of the applicant
to provide a stormwater management plan for the development that contains sufficient
information for the planning director to evaluate the environmental and stormwater
discharge characteristics of the affected areas, the potential and predicted impacts of the
proposed activity on community waters, and the effectiveness and acceptability of those
measures proposed by the applicant for reducing adverse impacts. The stormwater
management plan shall contain maps, charts, graphs, tables, photographs, narrative
descriptions, calculations, explanations, and citations to supporting references, and any
additional information deemed necessary by the planning director. The stormwater
management plan must be sealed by an engineer registered in the state with experience in
stormwater management and drainage design.
Note: Building Permit #103 -7017 was issued on April 11, 2011 for stormwater- related
improvement on Lot 20.
17. No structure or building shall be developed that exceeds a maximum height of 35'. Height
means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding chimneys; spires and/or steeples on structures used
for institutional and/or public uses only; radio and/or television antenna, flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting
structures with attached antenna and/or collocations as permitted in MCC Chapter 146.
However, in no event shall any of the exclusions enumerated in this section be construed to
permit any habitable or usable space to exceed the applicable height limitations.
Grade means the highest natural elevation of the ground surface, prior to construction, next
to the proposed walls of a structure, or the crown or curb of the nearest road directly
adjacent to the structure, whichever is higher.
Building elevations were not provided.
18. A traffic study was not submitted. The projected trip generation and level of service of US
1 directly affect whether or not the redevelopment may be permitted or prohibited. The
County's traffic consultant shall review the traffic impact analysis as part of a development
approval application to determine to what extent the redevelopment will affect the level of
service along US 1. According to the 2012 US 1 Arterial Travel Time and Delay Study,
Segment 23 of US 1 had an "A" level of service.
19. No building permit shall be issued by the county for impact - producing development unless
the applicant has paid the applicable impact fees. Therefore, for redevelopment that
increases the amount of dwelling units and/or non - residential floor area above that existing
on the site prior to redevelopment, an impact fee(s) will be assessed.
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 10 of 12
V. OTHER ISSUES CONCERNING THE PROPOSAL
As part of the previous approval authorized by Development Order #02 -02, the County
applied a condition requiring the property owner to place a conservation easement of the SR
portion of Lot 20. The Applicant would like the County to remove this condition in order
to allow the expansion of light industrial use on Lot 20 into the area previously conditioned
for conservation. Staff would consider dissolving this condition if the Applicant placed
additional land, such Tier I- designated Lot 1 (RE 00454110.000000, Lot 4 (RE
00454220.000000) and Lot 5 (RE 00454230.000000), into a new conservation easement
and/or donated such land to the County. Such an arrangement shall only be reviewed in full
and agreed upon during the amendment to the minor conditional use permit process.
2. Any development on Key Largo shall be consistent with all goals, strategies and action
items of the Key Largo Livable CommuniKeys Plan. A copy of this plan will be provided
upon request.
3. The Applicant inquired about the possibility of a successful road abandonment of Magnolia
Street. Staff cannot make any recommendations related to a future application. The
Applicant can submit a road abandonment petition and it will be processed in accordance
with MCC §19 -1:
Sec. 19 -1. Abandonment of rights -of -way.
(a) No dedicated and accepted right -of -way in the county shall be abandoned where:
(1) The right -of -way terminates on a body of open water; or
(2) The right -of -way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
(b) In all other cases of abandonment, no right -of -way shall be abandoned unless there is an
agreement to do so by all affected property owners. For purposes of this subsection, an
affected property owner is the owner of property which, if the right -of -way is abandoned,
will:
(1) Have access that is currently used by that property owner eliminated;
(2) Have the only platted access eliminated;
(3) Have the paved area adjacent to that property increased for turn- around purposes; or
(4) Be increased in size.
(c) A road may be abandoned only at the terminal portion of the road and in its full width unless
the abandonment will comply with the County Code requirements for road, turn- around, and
fire- rescue access and one of the following circumstances exists:
(1) An adjacent lot owner has on the platted right -of -way or within a setback a substantial
structure which predates the Special Session Law 59 -1578 pertaining to maps, plats and
right -of -way. The term "substantial structure" specifically does not include wood or metal
fences, sheds or tiki huts or other items not listed which are accessory structures.
(2) The abandonment is requested by a county department or governmental agency for a
public purpose.
(d) The board of county commissioners considers these a restriction on the rights of individuals
who desire to abandon properties in accordance with F.S. § 336.09.
4. Prior to the issuance of any building permit, if such review is required, all proposed
development shall be found in compliance by the Monroe County Building Department, the
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013 -013) Page 11 of 12
Monroe County Public Works Division and the Monroe County Office of the Fire Marshal.
Staff recommends that the Applicant coordinate with these offices prior to application
submittal. The Planning & Environmental Resources Department does not review for
compliance with the Florida Building Code.
5. The site is designated partially within AE-EL 8, AE-EL 9 and AE-EL 10 flood zones on the
Federal Emergency Management Agency (FEMA)'s flood insurance rate maps. All new
structures must be built to floodplain management standards that meet those for flood
protection.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
F"lanning Commission Coordinator, Monroe County Planning & Environmental Resources
Mepartment, 2798 Overseas Highway, Suit-4 1 Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
CC: Joseph Haberman, Planning & Development Review Manager
Michael Roberts, Senior Administrator of Environmental Resources
Mayte Santamaria, Assistant Director of Planning
Ronda Norman, Director of Code Compliance
Magnolia 101 LLC, Key Largo, Letter of Understanding (File #2013-013) Page 12 of 12
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