Item P5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2014 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of
County Commissioners amending the Monroe County Future Land Use Map from Mixed Use/Commercial
(MC), Residential Low (RL), and Residential Conservation (RC), to Industrial (I), and Conservation (C);
creating Policy 107.1.4 Paradise Pit Subarea 1; providing limitations on development and specific restrictions;
for property located at 101075 Overseas Highway, Key Largo, approximate Mile Marker 101, having Real
Estate 400087100.000500, as proposed by Paradise Pit, LLC. (Legislative Proceeding)
ITEM BACKGROUND: The applicant, Paradise Pit, LLC, currently operates a light industrial business at
101075 Overseas Highway in Key Largo. The subject property currently has Future Land Use Map (FLUM)
designations of Mixed Use/Commercial (MC), Residential Low (RL), and Residential Conservation (RC). The
property currently has Land Use District (LUD) designations of Suburban Commercial (SC), Suburban
Residential (SR), and Native Area (NA). The current regulations pertaining to permitted uses within these
FLUM categories and LUDs do not allow light industrial uses, and the current use is therefore considered
nonconforming to the provisions of the current Comprehensive Plan and Land Development Regulations. The
applicant is requesting a change to the FLUM designation in order to eliminate the nonconformity.
The draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO), which
reviewed the proposal and issued an Objections, Recommendations and Comments (ORC) Report on 12/9/2013.
The ORC report identified three objections and recommendations for addressing the objections. These
recommendations included adopting a site specific amendment to the Comprehensive Plan that limits the
industrial designation to the already scarified portion of the site, disallowing any employee housing in
conjunction with the industrial designation, requiring a 20-foot vegetated buffer around the borrow pit, and
requiring fencing or signage to contain all industrial activity within the scarified portion of the site.
The County has 180 days from the date of the ORC to adopt the FLUM amendment, adopt the FLUM
amendment with changes or not adopt the FLUM amendment. The 180 day deadline for action by the County is
6/7/2014. Staff has prepared a revised proposal for the FLUM amendment based on the ORC report and
discussions with the applicant and DEO. The revised proposal requests a FLUM amendment from MC, RL, and
RC to I and C, and includes a subarea policy as well. Among other requirements, the FLUM subarea policy will
prohibit any residential development within the area of the site designated as Industrial. The applicant has
concurred with these revisions.
PREVIOUS RELEVANT BOCC ACTION: Monroe County Resolution 4127-2012, adopted by the BOCC on
April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations that would eliminate the
nonconforming use created with the adoption of the existing designations and not create an adverse effect on the
community, provided the existing use existed lawfully in 1992 and 1997. This provision remains effective in the
current Planning & Environmental Resources Department's fee schedule (Resolution 4183-2013).
On August 21, 2013, at a regularly scheduled meeting, the Board of County Commissioners (BOCC) adopted
Resolution N232-2013, transmitting to the state land planning agency an ordinance amending the FLUM for
Paradise Pit from MC, RL, and RC to I, RC, and C.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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ORDINANCE - 2014
the subject property is located at Mile Marker 101, Key Largo, Florida and is
described as a parcel of land within Section 27/2 , Township 61 South, Range 39 East, on Key
Largo, Monroe County, Florida, having real estate number 000 7100.000500; and
V;MREAS, Paradise Pit, LLC, operates a light industrial business at the subject property with
current PLUM designations of MC, RL, and RC which do not allow light industrial uses, and the
current use is therefore considered nonconforming to the provisions of the current Comprehensive
Plan; d
NMWREAS, Paradise Pit, LLC, is requesting a change to the PLUM designation in order to
eliminate the nonconformity for the existing light industrial uses; and
Ord. No. -2 1
Page 1 of 5
I WHEREAS, at a regularly scheduled meeting held on the 26 1h day of February, 2013, the
2 Monroe County Development Review Committee considered the proposed amendment, and
3
4 WHEREAS, at a regularly scheduled meeting held on the 27h day of March, 2013, the Monroe
5 County Planning Commission held a public hearing for the purpose of considering the proposed
6 Future Land Use Map amendment; and
7
8 WHEREAS, the Monroe County Planning Commission made the following findings of fact
9 and conclusions of law:
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11 1. The proposed PLUM is not anticipated to adversely impact the community character of
12 the surrounding area; and
13 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
14 adopted Level of Service; and
15 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
16 Monroe County Year 2010 Comprehensive Plan; and
17 4. The proposed amendment is consistent with the Key Largo Co unity Master Plan;
18 and
19 5. The proposed amendment is consistent with the Principles for Guiding Development
20 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
21 Statute; and
22 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute,
23
24 WHEREAS, the Monroe County Planning Commission passed Resolution No. P17-13
25 recommending transmittal of the proposed amendment; and
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27 WHEREAS, at a regularly scheduled meeting held on 21'a day of August, 2013, the Monroe
28 County Board of County Commissioners held a public hearing and approved the transmittal of
29 Resolution No. 232-2013 to the State Land Planning Agency (the Department of Economic
30 Development, or "DEO") proposing an ordinance to amend the subject property's Future Land Use
31 Map designation from Mixed Use/Commercial (MC), Residential Low (RL), and Residential
32 Conservation (RC), to Industrial (I), Residential Conservation (RC), and Conservation (C); and
33
34 WHEREAS, the proposed Future Land Use Map amendment was reviewed by the State Land
35 Planning Agency (DEC)) which issued its Objections, Recommendations and Comments (ORC)
36 report for the proposed amendment on December 9, 2013. DEO's recommendation included
37 creating a site -specific policy to prohibit the development of residential dwelling units and
38 transient units, and to confine nonresidential uses to the existing scarified areas of the property-,
39 and
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41 WHEREAS, as a response to DEO's ORC Report, a subarea policy was created.
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43 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF ON OE COUNTY, FLORIDA:
Ord. No. _-2014
Page 2 of 5
2 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
3 amended as follows:
4
5 The property described as parcels of land within Section 27/28, Township 61
6 South, Range 39 East, on Key Largo, Monroe County Florida, having real estate
7 number 00087100.000500 is changed from Mixed Use/Commercial (MC),
8 Residential Low (RL), and Residential Conservation (RC) to Industrial (I) and
9 Conservation (C) as shown on Exhibit A, attached hereto and incorporated
10 herein.
11
12 Section 2. The text of the Monroe County Year 2010 Comprehensive Plan is amended as
13 follows (Deletions are stfieken thfough and additions are underlined):
14
15 Policy 107.1.4 Paradise Pit Sub -area 1- Specific Limitations on the Industrial and Conservation
16 Area in Key Largo
17
18 The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of nonresidential
19 uses currently existing including a lawful light industrial use. The parcel's current real estate number is
20 00087100.000500. The parcel has a Tier Designation of Tier I and the parcel is 59.01 acres, including a
21 9.71 acre borrow pit (water). Pursuant to this sub -area policy the parcel shall have Future Land Use Map
22 (FLUM) designations as follows:
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Ord. No. -2014
Page 3 of 5
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MAI V
Ly J! 9 1 LIM, W-
Fill
................
.. ... ... ... ... ... ...
...................
Residential develgMent shall EqLbe permitted Residential development shall not be,
AnY, nonresidential develWgient shall be
limited to the exis I;AKaKe���
borrow -pit �52 ac�res of �scarified �area �and the �exisfiW
cleared area in the NW comer of theRggetil .7 acres Archemo resource shall be fenced.
of scarifted gjKaj
-Ex be cleared areas are identified gathe map
above.
Both the IndustnW FLUM Area and the FLUMArea
... .........................
MM:
WM 14F
!MIBPW.. I.
Section
Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Ord. No. -2014
Page 4 of 5
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Section 5® Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 6. This ordinance shall be filed in the Office of the
secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission
finding the amendment in compliance, and if challenged until such challenge is
resolved pursuant to Chapter 120, Florida Statutes.
Section 7. Inclusion in the _Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the - day of -, 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
ATTEST: Amy Heavilin, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MCANE COUNTY, FLORIDA
In
Mayor Sylvia Murphy
*rd. No. -20L4
Page5 of5
Exhibit A to Ordinance# -2014
The Monroe County Future Land Use Map is amended
as indicated above.
Future Land Use Map change of one parcel of land in Key Largo having Real Estate Number 00087100-000500
from Mixed Use/Commercial (MC), Residential Conservation (RC) and Residential Low (RL) to Industrial (1) N
and Conservation (C) A
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RmOURCES DEPARTMENT
To® Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Mayt6 Samamaria, Assistant Director of Planning A, Environmental Resources
Emily the per, Principal Planner
Date: April 25, 2014
Subject: Request by Paradise Pit, LLC to amend the Future Land Use Map of the
Monroe County Year 2010 Comprehensive Plan from Mixed Use/Commercial
(MC), Residential Low (RL), and Residential Conservation (RC) to Industrial
(1) and Conservation (C) and create subarea Policy 107.1.4 Paradise Pit Sub-
area 1, providing limitations on development and specific restrictions, for a
parcel of land located at 101075 Overseas Highway, Key Largo, having real
estate number 00087100.000500.
Meeting: May 21, 2014
1. REQUEST
Paradise Pit, LLC is requesting an amendment to the Future Land Use Map for a parcel in Key
Largo having real estate number 00087100,000500 (formerly two parcels having real estate
numbers 00087190.000000 and 00087100.000500) from Mixed Use/Commercial (MC),
Residential Low (RL), and Residential Conservation (RC) to Industrial (B and Conservation
(C) and creation of subarea Policy 107.1.4 Paradise Pit Sub -area 1, providing limitations on
development and specific restrictions.
IL BACKGROUND INFORMATION
Paradise Pit Proertya
Paradise Pit, LLC, operates a light industrial business at 101075 Overseas Highway in Key
Largo, The subject property currently has Future Land Use Map (FLUM) designations of
Mixed Use/Commercial (MC), Residential Low (RL), and Residential Conservation (RC).
The property currently has Land Use District (LUD) designations of Suburban Commercial
(SC), Suburban Residential (SIG, and Native Area (NA). The current regulations pertaining to
permitted uses within these FLUM and LUD categories do not allow light industrial uses, and
the current use is therefore considered nonconforming to the provisions of the current
Comprehensive Plan and Land Development Regulations. The applicant is requesting a
change to the FLUM designation in order to eliminate the nonconformity.
Historically, the northern and southwestern portions of the subject parcel were within a GU
(General Use) zoning district. The remainder of the parcel was within RU-5P (Mobile Home
Park Residential), RU-1 (Single Family Residential), and BU-2 (Medium Business) zoning
districts.
In 1986, the property was rezoned to its current LUD (zoning) categories. The property is
primarily within a Suburban Residential (SR) land use district. A very small portion of the
parcel along US1 is within a Suburban Commercial (SC) district, and an area of
approximately 7 acres along the shoreline of the parcel is within a Native Area (NA) district.
FLORIDA
With the adoption of the Monroe County 2010 Comprehensive Plan's (Comprehensive Plan)
FLUM in 1997, the subject parcel was given its current FLUM designations: Mixed
Use/Commercial (MC), Residential Low (RL), and Residential Conservation (RC).
The existing light industrial use is located entirely within the portion of the site designated RL.
Policy 101.4.2 of the Comprehensive Plan, which describes the purpose of the RL FLUM
category, does not state that industrial uses are allowed; therefore, the existing light industrial
use is nonconforming to the current provisions of the Comprehensive Plan.
Industrial Uses & Mining:
Although at one time the site was used for resource extraction (considered a heavy industrial
use), there is no evidence that any mining activity currently takes place. Furthermore,
2 of 15
File #2012-140
Development Order #21-90, signed by the Planning Director in 1990, required the closure and
restoration of the quarry on the site.
The applicant states that the existing use of the property is industrial, including equipment
maintenance and storage as well as material storage and handling for a local excavation and
batch concrete company. According to the Determination of Lawful Use letter dated
September 23, 2011 (detailed below), the Planning Department determined that the current
land use on the site is a "lawful and nonconforming light industrial use." Following a site visit,
Planning Department staff determined that "the business on site, known as Paradise Pit, uses
the site to mix cement, store equipment associated with the business, temporarily store fill
brought from other sites, and carry out office operations associated with the business."
Within the Upper Keys, there is currently no land with an Industrial FLUM designation.
According to the July 2011 Monroe County Technical Document, in the Upper Keys, existing
industrial land uses (based upon Property Appraiser's PC codes) make up only 40.6 acres, or
0. 17% of the total Upper Keys area. Throughout unincorporated Monroe County, existing
industrial uses make up 455.6 acres, or 0.6% of the total land area (Lower Keys 414.8 acres,
Middle Keys 0.2 acres and Upper Keys 40.6 acres). Industrial uses include cement, rock and
gravel operations, light manufacturing and storage areas, and heavy industrial uses. Again,
industrial uses are heavily concentrated in the Lower Keys, with 91 percent distribution.
Lawful Nonconformity.
The current Planning & Environmental Resources Department's fee schedule (Resolution
#183-2013) includes a special provision for properties with certain nonconforming uses. The
BOCC first adopted this provision as an amendment to the fee schedule on April 18, 2012 by
Resolution #127-2012 (Exhibit 1). This resolution amended the Planning & Environmental
Resources Department's fee schedule to waive application fees for property owners applying
for a LUD map and/or FLUM amendment that eliminates a lawfully established
nonconforming use created with the final adoption of the LUD map and/or FLUM, and which
does not create an adverse effect on the community. To be exempt from the FLUM
amendment application fee, the property owner must provide satisfactory evidence that the
existing use on the site also existed lawfully in 1997 and was deemed nonconforming by final
adoption of the FLUM.
On September 23, 2011, a Determination of Lawful Use letter was issued by the Planning
Department for the parcel having RE#00087100.000500. As detailed in the letter, the Planning
Department determined that the light industrial uses taking place on scarified portions of the
site are lawful nonconforming light industrial uses and existed on the site as early as 1990.
On August 1, 2012, the Planning Department issued a Letter of Understanding (Exhibit 2) for
the parcel having RE#00087100.000500. This letter re -affirmed the lawful nonconforming
status of the light industrial use on scarified portions of the parcel. Furthermore, the Planning
Department determined that the light industrial use existed lawfully in 1997, and was therefore
deemed nonconforming by the final adoption of the FLUM. The letter also advised that an
amendment changing the PLUM category to either Mixed Use/Commercial (MC) or Industrial
(I) would eliminate the nonconformity, as either category would allow the existing light
industrial uses.
Livable CommuniKeys.Pl
.
Comprehensive Plan Policy 101.20.1 states: "Monroe County shall develop a series of
Community Master Plans". These "CommuniKeys Plans" implement a vision that was
developed by the local community.
In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
CommuniKeys Master Plan into the Monroe County 2010 Comprehensive Plan. Action Item
1.3.2 within the Key Largo Livable CommuniKeys Master Plan states: "Revise the FLUM and
Land Use District Maps to resolve non -conformities in the planning area where appropriate,"
The proposed PLUM amendment and associated LUD map amendment implement this Action
Item of the adopted Key Largo Livable CommuniKeys Master Plan.
111. PROPOSED AMEENDMIENT
The applicant is requesting an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) for a parcel in Key Largo having real estate #00087100.000500 (formerly two
parcels having real estate #00087190,000000 and #00087100.000500) from Mixed
Use/Commercial (MC), Residential Low (RL), and Residential Conservation (RC) to
Industrial (B and Conservation (C).
At its regularly scheduled meeting on February 26, 2013, the Monroe County Development
Review Committee reviewed and discussed the proposed PLUM amendment, which at that
time included designating the property with FLUM categories of 1, RC, and C. Following the
DEC's discussion and recommendation, the applicant agreed to reduce the area originally
proposed to be designated as Industrial by approximately 6.5 acres, instead proposing to
designate that land area as Residential Conservation. This revision reduced the potential
increase in residential development by approximately 5 dwelling units and nonresidential
development by approximately 143,000 square feet.
At a regularly scheduled meeting on March 27, 2013, the Planning Commission held a public
hearing to consider the proposed amendment (as revised after the DEC meeting) and based
upon the reduction of proposed Industrial FLUM area, recommended approval to the BOCC
through Resolution P17-13 (Exhibit 3).
On August 21, 2013, at a regularly scheduled meeting, the Board of County Commissioners
(BOCC) adopted Resolution #232-2013, transmitting to the state land planning agency an
ordinance amending the PLUM for Paradise Pit from MC, RL, and RC to 1, RC, and C. The
draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO),
which reviewed the proposal and issued an Objections, Recommendations and Comments
(ORC) Report on December 9, 2013 (Exhibit 4). The ORC report identified three objections
and included recommendations regarding measures that can be taken to address the objections.
These recommendations included adopting a site specific amendment to the Comprehensive
Plan that limits the industrial designation to the already scarified portion of the site,
disallowing any employee housing in conjunction with the industrial designation, requiring a
20-foot vegetated buffer around the borrow pit, and requiring fencing or signage to contain all
industrial activity within the scarified portion of the site.
The County has 180 days from the date of the ORC to adopt the FLUM amendment, adopt the
PLUM amendment with changes or not adopt the FLUM amendment. The 180 day deadline
for action by the County is June 7, 2014. Staff has prepared a revised proposal for the FLUM
amendment based on the ORC report and discussions with the applicant and DEO. The
revised proposal requests a FLUM amendment from MC, RL, and RC to I and C, and includes
a Comprehensive Plan subarea policy as well. Among other requirements, the FLUM subarea
policy will prohibit any residential development within the area of the site designated as
Industrial. The applicant has concurred with the proposed revisions.
5 of 15
File #2012-140
To accompany the requested FLUM amendment, the following subarea policy is proposed to
be included in the Monroe County Year 2010 Comprehensive Plan:
Policy 107.1A Paradise Pit Sub -area 1- Specific Limitations on the Industrial and
Conservation Area in Key Largo
The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of nonresidential
uses currentl existing, including a lawful light industrial use. The parcel's current real estate number is
00087100 000500 The parcel has a Tier Designation of Tier I and the parcel is 59.01 acres, including a
9.71 acre borrow pit (water) Pursuant to this sub -area policy the parcel shall have Future Land Use Map
(FLUM) designations as follows:
In order to balance the protection of environmental resources historical resources and support a sound
and diverse economic base development shall be subject to the Industrial _Future Land Use Map
Designation and the Conservation Future Land Use Map Designation as well as the additional site -
specific regulations and restrictions set out below:
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File #2012-140
............
------------------------- -
... ... ... ... ... ... ... .......... ............... . . . . . .
Residential Residential development shall notbe,
Agy pKgpq�ed nonresidential devLlopnent shall be
hinkedwthef,x �tin cleared area adjacent to the
b*Kow LiL(5. Z acres of scarified, nd the existime
cleared area m the NW comer of the parcel (17 acres ALc�heolo �calfflBgoncal resource shall be fenced.
of sgffied area .
-Exisltg cleared areas are identified on, map
above.
............... 11111�-' ...........
Both the Indushial IFLUM Area and the on
049TH
Aw N'T W.- I I RUM
. .................................
KNOW UNLON
............
.1itt PA Injum -IgEgfifaml
. ... ... ... ... ... ..
IV. ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATIBILITY;
CONCURRENCY ANALYSIS; ETC.
A. Maximum Allocated Densitv and Intensity by Future Land Use Map Designation
Adopted
Development potential based
Existing FLU11I
Type
Standards
upon allocated density
Residential Low
Residential
0 ': -!1. 5 0 du
10-29 units
FLUM
Allocated Densir, A --re
Transient
0room: spaces
a rooms _paces
50.91 acres total
Allocated Densir.- A --re
_.-onresidential
n•�0 0.25 F_�R
_
_t
38,93, _448,663 sf
t1 20 acres (nunu� 0 71 acre pit;
Maximum Intensir•
Residential Conservation
Residential
0-0.2; du
1 unit
FLL1l
Allocated Densir A=re
Transient
Allocated Densir A --re
0 rooms space_
0 rooms _pace_
6.82 acres
`:onresidential
n-Pi .10 FAR
n sf - 29.-07 sf
\laximuin Intensm
Mixed ti se Commercial
Residential
1 du
Il Lu11t5
FILM
Allocated Densir A_re
Transient
: - i
0.03 acres
Allocated Densir• A --re
rooms spaces
0 rooms spaces
`:onresidential
Fr 10 0.60 FAR130
sf - 7S4 sf
Mmimum Intensir-
Residential
11-21 units
TOTAL SITE
Allocated Density Acre
Iransient
0 rooms spaces
Total site: 57.76 ac
Allocated DensitvAcre
Nonresidential
3;9.064 sf - 479.159 sf
(based on County G S)
Maximum Intensit
Adopted
Development potential based
Proposed LUD
T}pe
Standards
non allocated density
Industrial
Residential
A"
\ Ax
FLL1I
Allocated Densir- A --re
Transient
0 room; spaces
!rooms spaces
22.6- acres total
Allocated Densir- A -re
`:onresidential
-0.60 F.�R
1�u91" sf- �3S?r)U if
12.94 acres (minus 9.-1 acre pil
Maximum Intensir-
Couservation
Residential
0 du
0 units
FLV-XI
Allocated Densir• ire
Transient
36.36 acres
Allocated Densir.- .ire
n rooms spaces
Cl rooms spaces
`:onresidential
n.Ci_• FAR
.9 19_ Sf
Ma,jinum Intensir
Residential
0 units'
TOT AT. STTF
allnrated M%nsitr:arrP
Transient
0 rooms: -spaces
Total site: 59.01 acres
Allocated DensitvAcre
Nonresidential
220,109 sf - 41',392 sf
(based on survey)
Maximum Intenstty
Residential: -21 du'
Net Change in Development Potential
-Al
Transient: no change
based on FLU
Nonresidential:-61.767 sf
*Although the allocated density for the Industrial FLUM is 1 du/acre, the associated subarea policy will
disallow any residential development on this site.
8of15
File #2012-140
The table above (previous page) provides an approximation of the development potential for
residential, transient, and nonresidential development. Section 130-156(b) of the Land
Development Code states: "The density and intensity provisions set out in this section are
intended to be applied cumulatively so that no development shall exceed the total density
limits of this article. For example, if a development includes both residential and commercial
development, the total gross amount of development shall not exceed the cumulated permitted
intensity of the parcel proposed for development."
As shown in the table, the proposed FLUM amendment would result in a decrease in
residential development potential of 21 dwelling units. The development potential for transient
residential units would remain at zero. The decrease in nonresidential development potential
would be 61,767 SF.
Regardless of the density and intensity potential shown in the table, it is important to note that
according to MCC §130-82, within the Industrial LUD commercial retail type uses (office and
restaurant) are permitted as of right only up to 5,000 SF. Office uses 5,000-20,000 SF require
special approval by the Planning Director as a minor conditional use. The Planning Director
must consider factors such as community character and the adequacy of public facilities and
services, including roadways, in the approval of a conditional use permit. Office uses above
20,000 SF are not listed as a permitted use in Industrial zoning districts. In addition, any future
proposed development will be further limited by additional adopted policies and code,
including, but not limited to, height limitations, tier designation, clearing limits, ROGO and
NROGO permit allocation system, cumulative development potential, shoreline setback
requirements, and other development standards.
The Comprehensive Plan subarea policy proposed with this FLUM amendment would prohibit
all residential development on this property, and all nonresidential development would be
limited to the portion of the site that is already cleared.
B. Compatibility with the Surrounding Area
An excerpt from Map 2 of the Comprehensive Plan Future Land Use Map Series (Exhibit 5)
identifies the approximate location of the proposed FLUM amendment (circled in the figure
below), and the FLUM designations of the surrounding area.
Tarpon Basin i•Rl RN -
RN
R� R
Re C
R C - I R L `��. 'r
� r
_ ,R M �
i R S
Pf
6 Newport l
i 1 9 of 15
File #2012-140
Parcels surrounding the subject property currently have FLUM designations of Residential
High, Mixed Use/Commercial, Public Buildings, Residential Low, and Residential
Conservation, Land uses surrounding the subject property include residential uses and
vac antland.
Both parcels on the site have designations of Tier 1 and are subject to the Tier I clearing
limits of Policy 101.4.22. The existing vegetation includes scarified land on the area with
the light industrial use (mainly adjacent to the borrow pit), and a mix of buttonwood,
hammock, and mangrove on all other areas of property. The portion of the site covered by
hammock is considered potential habitat for Cotton Mouse, Eastern Indigo Snake, Schaos
Swallowtail, Tree Cactus, Tree Snail, and Woodrat. Hammock covers a majority of the land
surrounding the scarified area containing the light industrial use. The proposed FLUM
amendment includes designating a portion of hammock area as Industrial.
The proposed amendment includes giving an area of the parcel with a known
archeologically and historically significant resource a Conservation PLUM designation to
protect that resource. This is consistent with Goal 104 and Policy 101.4.15, which includes
the preservation of natural and historic resources.
C. Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Traffic Circulation (Policy -,291, 1-- 11
The subject property is located on US 1 in Key Largo. The property is only accessible by US
1. Pursuant to the Comp, Plan, the level of service standard for US 1 is LOS of "C."
According to the 2012 US I Arterial Travel Time and Delay Study, US 1 overall is
operating at a LOS of "C" and the segment in Key Largo (NISI 99.5 to MM 106.0) is
operating at a LOS of "A."
Potab
le Water lPolicy 701.L1}
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum
water treatment design capacity of 29.8 million gallons per day (MGD) and is capable of
treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RC)) plants, located
on Stock Island and Marathon, which are able to produce potable water under emergency
conditions, The RC) desalination plants have design capacities of 2.0 and 1.0 MOD of water,
respectively. The annual average daily demand in Monroe County is 16.21 MOO and
projections indicate a slight increase to an annual average daily demand to 16.54 MOD. The
proposed FLUM amendment would result in a net decrease of 21,619 gallons per day in
potential demand from this site if developed to its maximum nonresidential intensity.
Potable Water
Max Potential
PLUM
Residential
Residential
Persons/
M.
Total
Total Los
Net Change
LOS Standard
'T�
Development
_
Household
Persons
Demand
(Policy 701.1.1)
(dwelling units)
I
Current:
66.50 gal/cap/day
21
2.24
47.04
3,128 gal/day
RL/RC/MC
(149 gal/du/day)
-3,128
Proposed:
66.50 gal/cap/day
0 (per subarea
124
0
0 gal/day
gal/day
I/C
(149 gaVdu/day)
policy)
Potable Water
Max Potential
FLU
Nonresidential
Nonresidential
Total LOS Demand
Net Change
LOS Standard
Development
(Policy 701.1.1)
(square feet)
Current-
0.35 gal/sq.ft./day
479,159
167,706 gal/day
RL/RC/MC
-21,619 gal/day
-
Proposed:
0.35 gal/sq.ft./day 417,392
146,087 gal/day
I/C
I
Solidyaste{Policy 801 - 1 . 1
Monroe County has a contract with Waste Management, authorizing the use of in -state
facilities through September 30, 2016; thereby, providing the County with approximately
three (3) years of guaranteed capacity. Currently, there is adequate capacity for solid waste
generation, and the proposed PLUM amendment would result in a decrease of 256 pounds
per day of potential residential solid waste generation.
Solid Waste
Max Potential
FLUM
L OS
Residential LOS
Residential
Residential
Persons/
Total
Total LOS Net Change
Net Change
Standard
Standard
Development
household
persons
Demand
Policy 801.1.1
Policy 01. 1.1
(dwelling units)
Current:
5,44lbskapita/day
21
2.24
47.04
256 lbs/day
RL/RC/MC
. -256 lbs/day
Proposed:
5,44lbs/capita/day
0 (per subarea
2.24
0
0 lbs/day
I/C
policy)
Sanijar y Sewer (Polk y 901 . I - 1
The County has adopted water quality treatment standards for wastewater facilities and
within the Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS
standard for residential and nonresidential flow is 145 gallons per day per equivalent
dwelling unit.
The only building currently on the site is a small office building, which was built without the
benefit of a building permit. It does not have a connection to the sanitary sewer at this time.
According to the Determination of Lawful Use issued in 2011, this building must be
removed under the requirements of the parcel's current FLUM designation and land use
district regulations. Other structures on the property are limited to storage containers,
car/RV ports, and a lean-to.
The Key Largo Wastewater Treatment District central sewer system is available to these
parcels, and any new development would be required to connect to the sewer system. The
Key Largo Wastewater Treatment Facility is designed and constructed in accordance with
the adopted levels of service treatment standards.
V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
DEVELOPMENT
A. The proposed amendment is consistent with the following Goals, Objectives and
Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the
amendment furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.3: Monroe County shall regulate non-residential development to maintain a balance
of land uses to serve the needs of the future population of Monroe County.
Objective 101.4: Monroe County shall regulate future development and redevelopment to maintain
the character of the community and protect the natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.4.7: The principal purpose of the Industrial land use category is to provide for the
development of industrial, manufacturing, and warehouse and distribution uses. Other commercial,
public, residential, and commercial fishing -related uses are also allowed.
Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are
inconsistent with the applicable provisions of the land development regulations and the Future Land
Use Map, and structures which are inconsistent with applicable codes and land development
regulations.
Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive
Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following
Community Master Plans have been completed in accordance with the principles outlined in this
section and adopted by the Board of County Commissioners:
5, The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the to Objectives
in the Comprehensive Plan and the term Action Item is equivalent to the to Policy; the
meanings and requirements for implementation are synonymous.
Key Largo Livable CommuniKeys Master Plan
Action Item 1.3.2: Revise the PLUM and Land Use District Maps to resolve nonconformities
in the planning area where appropriate.
Goal 104: Monroe County shall recognize, designate, protect, and preserve its historic resources,
B. The amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
the principles for guiding development and any amendments to the principles, the principles shall be
construed as a whole and no specific provision shall be construed or applied in isolation from the
other provisions.
lair"* UJIMME
(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical state
concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
and ensuring that development is compatible with the unique historic character of the Florida
Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities-,
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4, Key West Naval Air Station and other military facilities-,
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
& City electric service and the Florida Keys Electric Co-op-, and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities-, central sewage collection-,
treatment and disposal facilities; and the installation and proper operation and maintenance of
onsite sewage treatment and disposal systems.
Ensuring the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
403.086(10), as applicable, and by directing growth to areas served by central wastewater
treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida
Keys,
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a post disaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with t
Principles for Guiding Development as a whole and is not inconsistent with any Principle. I
C The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
Section 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to
preserve and enhance present advantages-, encourage the most appropriate use of land, water, and
resources, consistent with the public interest-, overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within their jurisdictions.
Through the process of comprehensive planning, it is intended that units of local government can
preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
and other requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions
Section 163.3177(6)(a)2., F.S. — The future land use plan and plan amendments shall be based upon
surveys, studies, and data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
a. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in a. 330.35 and consistent
with a. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen and
diversify the community's economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163,3177(6)(a)4., F.S. — The amount of land designated for future planned uses shall provide
a balance of uses that foster vibrant, viable communities and economic development opportunities
and address outdated development patterns, such as antiquated subdivisions, The amount of land
designated for future land uses should allow the operation of real estate markets to provide adequate
choices for permanent and seasonal residents and business and may not be limited solely by the
Vr-rvj,vm it he element shall accommodate at least the minimum amount of land required
to accommodate the medium projections as published by the Office of Economic and Demographic
Research for at least a 10-year planning period unless otherwise limited under a. 380.05, including
related rules of the Administration Commission
Section 163.3177(6)(a)8., F.S. — Future land use map amendments shall be based upon the following
analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character
of the undeveloped land, soils, topography, natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
section.
VI. STAFF RECOMMENDATION
Staff recommends approval of the proposed Future Land Use Map amendment, as detailed in
this staff report, from Mixed Use/Commercial (MC), Residential Low (RL), and Residential
Conservation (RC) to Industrial (1) and Conservation (C), and creation of subarea Policy 107 . 1 A
Paradise Pit Sub -area 1, providing limitations on development and specific restrictions, for a
parcel having real estate number 00087100.000500, in Key Largo.
VII. PROCESS
Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a
contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass the onto the
Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission
shall review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider
the transmittal of the proposed comprehensive plan amendment, and considers the staff report,
staff recommendation, and the testimony given at the public hearing. The BOCC may or may
not recommend transmittal to the Florida Department of Economic Opportunity (DEO). The
amendment is transmitted to DEO, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County
has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VIII. EXHIBITS
L Monroe County Resolution #127-2012.
2. Letter of Understanding, dated August 1, 2012, concerning the Paradise Pit LLC property.
3. Planning Commission Resolution P17-13.
4. Objections Recommendations and Comments Report, issued by DEO December 9, 2013.
5. Map 2 of the Monroe County Comprehensive Plan Future Land Use Map Series.
6, Proposed FLUM amendment for 00087100.000500 in Key Largo.
a b 19+1
Exhi
MONROE CouNTY, FLORIRA
N*N"h-.UmOt-1qft A*Aaj *pGtVWY C*MIXEMBER2
mESOLUTION NO. 127 - 2012
. . . . . . .....
WAIVERS; AND TO REPEAL ANY 0
INCONSISTENT HEREWITH.
WHEREAS, the Monroe County Board of County Counnissioners ENE to
pmvjjx_e��. uf tjX*Wk3W%rj v b -t!T- car Liossible service in the most cost effective
and reasonable manner, and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services, thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services; and
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these so -vices includes the estimated direct costs and reasonable
rect costs associated with the review and processing of planning and development
approval applications and site plans, on -site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and so -vices; and
t Fee Schedule
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 18, 2012;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
0
development orders, and appeal applications, and requests for technical services
or official letters attesting to development rights recognized by the County shall
be implemented:
Administrative Relief .... — ... ......... ............ ..... ..........
$1,01LOO
Beneficial Use ..................... .................. .... %--- .......
$4,490.00
Biological Site Visit (per visit) .... ...... .................
$%00
Biologist Fee (Efiecellancous-Per hour) . - � � ..............................
Boundary Determination. ......................................... ........
$1,201.00
Comprehensive plan, Future Land Use Map (FLUM) Amendment.
$5,53 1.00
Conditional Use, Minor, New/Amendment ......... ................. �
$8,484.00
Conditional Use, Minor, Transfer Development Rights (TDR).. � .....
$1,239.00
Conditional Use, minor, Transfer Nonresidential Floor Area (TRE)$1,944.00
Conditional Use, Minor, Transfer ROGO Exemption (TRE). -
$1,740.00
Conditional Use, Minor/Major, Minor Deviation ..... ................
$15768.00
Conditional
Conditional use, minor/Major, Time Extension. . � ......... ..... _..
$98&00
Department of Administrative Hearings (DOAH) Appeals ............
$816.00
Dwrslupwwt ........................... $12,9KOO
RD— .............. ........
$28,876.00
f. ----------------------
M-1--
ro..................
Grant
Land Development Code, Text Amendment ........ .... ---- .....
$5,041.00
Land Use District Map, Amendment —Nonresidential � ............ — �
$4,929.00
Land Use District Map, Amendment —Residential ...........
$4,13 1.00
flanning 2 Page 3 of 7
uw be subject to the following additional fees,
requirements or applicability:
1. For any application that requires a public hearing(s) and/or surrounding
property owner notification, advertising and/or notice fees; $245 for
newspaper advertisement and $3 per property owner notice.
I There shall be no application or other fees, except advertising and noticrog
fees, for affordable housing Projects, except that all applicable fees shall be
charged for applications for all development approvals required for any
development under Sex130-161.1 of the Monroe County Code and for
applications for variances to setback, landscaping and/or off-street parldn,,-
regulations associated with an affordable housing development.
Planning &
Page 4 of 7
4. Hearing fees: applicant shall pay half the cost Of the hourly rate, travel and
expenses of any hearing officer. The County is currently charged $144.00 per
hour by Department Of Administrative Hearings (DOAH)- If the fee charged
to the County is increased, the charge will change proportionately. An
one-half of the hearing officer costs as deternimed by the
estimated amount of the application
County Attorney shall be deposited by the applicant along with
fee, and shall be returned to the applicant if unused.
. . . . . . . .....
rn-vu.-anel. ResouiCes DeParme"At Fee Schedule
6. Applicants for Administrative Appeal, who prevail based on County or, as
found by the Planning Commission, shall have the entire application fee
refunded.
7. Concerning the application fees to amend the tier maps, the lesser application
fee of $1,600.00 is only available for applications to amend the tier
designation of a single URM or IS platted lot. It may not be used to amend
the designation of more fism one parcel.
8. Applicants for any processes listed above that are required to provide
transportation studies related to their development impacts shall be required to
deposit a fee of $5,000 into an escrow account to cover the cost of experts
hired by the Growth Management Division to review the transportation and
other related studies submitted by the applicant as part of the development
review process or any text amendment submitted by a private applicant. Any
unused funds deposited by the applicant will be returned upon permit
approval. Monroe County shall obtain an estimate from the consultant they
intend to hire to review the transportation study for accuracy and methodology
and if the cost for the review on behalf of Monroe County is higher than the
$5000, applicant shall remit the estimated amount. Any unused funds
deposited by the applicant will be returned upon pernsit approval.
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
The Clerk of the Board is hereby directed to forward one (1) certified COPY Of this
Resolution to the Division of Growth Management.
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the I 8th day of 2012.
Yes
Mayor David Rice ---------
Mayor Pro Tess Run Wigington Yes
Commissioner Heather Carruthers Yes.
Commissioner Sylvia Murphy
Commissioner Heorge, Neugent
0 BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, CLERK
By
A-ha�wd Mayor David Rice
,'
Clerk
On
�e
C—�
ONO E UNTY
EDASTATTORNEY
OF
CD
R
C=)
Rate:
Planning & Page 7 of 7
Exhibinal- 2
County of Monroe
Growth Management Division
Planning .&Envir2nalental Resourges
pepartmen
2798 overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Emily Burkel
Paradise Pit LLC
743 Largo Road
fCe% LarU , FL 33037
Board-9f CRunly Commissioners
Mayor David Rice, Dist. 4
Mayor Pro Tern Kim Wigington, Dist. I
Heather Carruthers, Dist, 3
George Neugent, Dist 2
Sylvia I Murphy, Dist. 5
SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE PARADISE PIT
LLC PROPERTY, LOCATED AT 743 LARGO ROAD, KEY LARGO,
MILE MARKER 101, LEGALLY DESCRIBED AS A PARCEL OF LAND
WITHIN SECTION 27, TOWNSHIP 61, RANGE 39, HAVING REAL
ESTATE NUMBER 00087100.000500
FIRMEMammol
Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU).
Me U00vo-rclurtnIvIleu jF1 UP01 Ly, U.U6 lr-LLCr IN LV 11VL11j YUL 01 VW 1W'CjtM- JL11C11V-Z�)T&-111b�5
two of the matters discussed at our last meeting: 1) whether or not the existing land use district
and future land use map designations were assigned in error and b) the number of storage
containers lawfully established and thereby lawfully nonconforming.
The Board of County Contmissioners passed and adopted Resolution #127-2012 on April 18,
2012. This resolution amended the Planning & Environmental Resources Department's fee
schedule. Of relevance to your property and the development thereon, the amended fee schedule
included the following new provision:
There shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official LUD map and/or the
oiriciaj jj f ry vidence that a clurend JM- jj tke ery ownji jaj, irovide satis acto . a 11 v
Letter of Understanding Page 1 of 7
lawfully on the site in 1997 was deemed nonconforming by final adoption of the FLUM.
To qualify for the fee exemption, the applicant must apply for a LUD and/or FLUM
tesignation(s) that would eliminate the non -conforming use created with adoption of the
existing designation(s) and not create an adverse impact to the community. Prior to
submittal of a map amendment application, the applicant must provide the evidence
supporting the change and application for a fee exemption with the proposed LUD
map/FLUM designations to the Monroe County Planning & Environmental Resources
Department as part of an application for a Letter of Understanding. Following a review,
4ve.Xirector of Planning, �-.��ronm=mA Resources shall determine if the informatiarx.
and evidence is sufficient, and whether the proposed LUD map and/or FLUM
designations are acceptable for the fee waiver, and approve or deny the fee exemption
request. This fee waiver Letter of Understanding shall not obligate the staff to
recommend approval or denial of the proposed LUD or FLUM Category.
You have requestecl tfiaMe Senior Director 7 anning
a decision in relation to the subject property and, if your party decides to do so, allow you
submit map amendment applications without the required application fees.
For the most part, the property is partially designated as Residential Low (RL) and partial
designated as Residential Conservation (RC) on the official FLUM. A small portion in t
northwest comer is designated Mixed Use / Connnercial (MC). For the most par� the property
partially designated as Suburban Residential (SR) and partially designated as Native AArea (N p n
a
y
pe
r i
0
t
n -
I
r
u
al t
ty
ea (N
t
on the official LUD map (see attachment). A small portion in the northwest comer is designat I
gn
Suburban Commercial (SC). The RL boundary is consistent with the SR boundary, the
I
boundary is consistent with the NA boundary and the MC boundary is consistent with the S
jffi .
boundary. The property was partially within a BU-2 district (Medium Business), partially with
1 110
a RX �dtrict( iry- �l mil lcsiden�tiali,' and partiallw within a RU-5P district f Mobile Ho
Park) prior to 1986 when the property was re -designated SR and NA (see attachment).
The current permitted use regulations for the SR district do not allow industrial uses (Mo
County Code §130-94). Furthermore, Policy 101.4.2 of the Monroe County Comprehensi
Plan, which describes permitted uses in the RL FLUM category, does not state that industri
uses are allowed. Therefore, the existing light industrial use is nonconforming to the curre
provisions of the Monroe County Code and Comprehensive Plan.
en
Regarding the subject property, on September 23, 2011, the Planning & Environin I
t-av-umtxq4rbkt widiztr�d u-m ,wT)
lawfully established on the scarified areas of the site and is thereby a lawful nonconforming us
As a note, the existing light industrial use is located entirely within the portion of the prope
designated SR and RL.
Resolution #127-2012 requires the property owner to provide satisfactory evidence that t
existing use on the site also existed lawfully in 1992 and was deemed nonconforming by fm
adoption of the LUD map and/or the existing use on the site existed lawfully in 1997 and w
.deemed nonconforming by final adoption of the FLUM. Following a review, Staff I
Letter of Understanding Page 2 of 7
as staff cannot make this decision. Please be aware that, although staff is interested in finding
resolution to the nonconforming use issue as well, the Planning & Environmental Resourc
Department is not obligated to recommend approval of a proposed LUD designation and/
FLUM designation unless there is a finding that there would not be any adverse impact to t
community. Also, as discussed at our last meeting, your application may also expand t
boundaries of the existing NA and RC areas of the site in order reduce the overall impact
converting other areas from SR and RL to designations that allow higher land use intensity.
ki cvmIuWwn, SW-ff
the "Comprehensive Plan, Future Land Use Map (FLUM) Amendment" of $5,531.00 and t
"Land Use District Map, Amendment —Nonresidential" fee of $4,929.00. You may submit
FLUM amendment andlor LUD amendment application without the submittal of
aforementioned application fees. However, you are responsible for all other requiremen
including the fees for advertising ($245.00 per application) and noticing ($3.00 per ea
surrounding property per application).
In addition, please note that you are eligible for these fee waivers so long as such waivers
permitted by the fee schedule. If the fee schedule is amended to remove such a provision in t
future, you may not be eligible to submit the application without such required application fe
aterwards.
On September 23, 2011, the Planning & Environmental Resources Department provided you
-with a letter stating that staff could not find any building permits authorizing the existence of the
Letter of Understanding Page 3 of 7
existing storage/shipping containers on the property. The letter requested that the prope
owner provide documentation from the Growth Management Division stating that they were i
fact approved or the structures would be deemed unlawful and must be removed or converted t
road -ready.
F I sio ur ast meetin staff determined that the tyve of stora e/shinoi
RIMISRUSITIMi M
or about September 19, 2001.
Letter of Understanding Page 4 of 7
As such, eight of these structures sfi-aTFbe cLeemea lawfully onconionniffg—H Mi .., �4=um
number or less of equal size or smaller shall be permitted to remain in existence as lawful
nonconforming structures upon receipt of the aforementioned affidavit. Staff utilized he
County's GIS to measure the containers and determined that the containers observed in aerial
photography were approximately 40' in length. The standard dimensions of a standard shipping
container are 8' x 40' - 320 square feet.
E3
Pursuant toM-CC7§-FfU-3, you are e i e to rely upon ---Fie representations 7t 171, M u,
as accurate under the regulations currently in effect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
f�roject will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, I 100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
in-dwl.zr t-aga y of jiour application ta
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Highway, Suite 4 10, Marathon, FL 33050.
We trust that this infortriation 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.
Sincerely yours
.-A *41,001
To le Sc ab,
Senior Director of Planning & Environmental Resources
CC: Christine Hurley, Director of Growth Management
Susan Grimsley, Assistant County Attorney
Mayte Santamaria, Assistant Director of Planning
Joseph Haberman, Planning & Development Review Manager
Jerome Smith, Building Official
Ronda Norman, Director of Code Compliance
Letter of Understanding Page 5 of 7
Land Use District Map Overlaid on 2012 Aerial Photograph
Letter of Understanding Page 6 of 7
Aerial Photograph, dated late 2002/early 2003
Letter of Understanding Page 7 of 7
329
Exh,6& 3
MONROE COUNTY, L
PLANNINGCOMMISSION RESOLUTION
NO.
e 17 1
A RESOLUTION BY THE MO OE COUNTY TY PLANNING
COMMISSION SSION CCU MEE ING APPROVAL OF AN
ORDINANCE BY THE MO CAE COUNTY TY BOARD OF
COUNTY TY COMMISSIONERS AMENDING THE FUTURE
LAND USE MAP OF THE MCI OE COUNTY YEAR 2010
COMPREHENSIVE HENSIVE PLAN FROM MIXED D USE/
COMMERCIAL RCd (MG), RESIDENTIAL LOW (), AND
RESIDENTIAL CONSERVATION ERVATION (RC) TO INDUSTRIAL (1),
RESIDENTIAL CONSERVATION (RC), AND
CONSERVATION (C) FOR PROPERTY LOCATED AT 101075
I3 101101 OVERSEAS HIGHWAY, KEY LARGO,
LEGALLY DESCRIBED AS PARCELS OF LAND WITHIN
SECTION 27, TOWNSHIP 61 SOUTH, RANGE 39 EAST, CAN
Y LARGO, MONROE COUNTY FLORIDA, HAVING REAL
ESTATE E 00087190.000000 AND 00087100.000500.
WHEREAS, an application was filed by Paradise Pit, LLC; on October 22, 2012, to
end the Future Land Use Map designation from Mixed Use/Commercial (MC), Residential
Low (), and Residential Conservation ation ( ) to Industrial (1), Residential Conservation (RC),
d Conservation (C) for property legally described as parcels of land within Section 27,
Township 61 Seth, Range 39 East, on Rey Largo, Monroe County ty Florida, having real estate
numbers 000 71 0.000 00 and 0 0 7100. 500; and
WHEREAS, the Monroe County Development Review Committee (DR.C) considered
the proposed amendment at a regularly scheduled meeting held on February 26, 2013; d
WHEREAS, the Monroe County ty ORD discussed the proposed PLUM erg rat and
recommended a redaction to the total area proposed within the Industrial (1) future land use
category; and
WHEREAS, at the DEC meeting, the applicant agreed to reduce the area originally
proposed to be designated as Industrial (1), instead including additional area with hammock
habitat within the proposed Residential Conservation (RC) future land use category; and
WHEREAS, the applicant submitted a diagram on February 26, 2013, documenting the
reduction of 6.46 acres of the proposed Industrial (1) area; and
WHEREAS, the applicant agreed to submit a revised boundary survey reflecting the
proposed change in acreage by FLUM category prig to the l3 C's transmittal hearing; and
Resolution #P17-13
File 212-140
WHEREAS, at a regularly scheduled meeting held on the 27' day of March, 2013, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment
to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Planning Commission review and discussion of the proposed PLUM
amendment was based upon the revised FL UM amendment, included as Exhibit 5 within the
Staff Report submitted to the Planning Commission, detailing the reduction of the total area
proposed within the Industrial (1) future land use category; and
WHEREAS, the Monroe County Planning Commission makes the following findings of
fact and conclusions of law:
1. The proposed FL UM is not anticipated to adversely impact the community character
of the surrounding area; and
2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
adopted Level of Service; and
3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan; and
4, The proposed amendment is consistent with the Key Largo Community Master Plan;
and
5. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statute; and
6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute,
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Planning Commission recommends the Future Land Use
Map of the Monroe County Year 2010 Comprehensive Plan be amended as
follows:
The property legally described as parcels of land within Section 27, Township 61
South, Range 39 East, on Key Largo, Monroe County Florida, having real estate
numbers 00087190.000000 and 00087100.000500, is changed from Mixed
Use/Commercial (MC), Residential Low (RL), and Residential Conservation
(RC) to Industrial (I), Residential Conservation (RC), and Conservation (C), as
shown on Exhibit I attached hereto and incorporated herein.
Resolution #P 17-13
File #2012-140
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 27th day of March, 2013.
William Winn, Chair _Yes
—
Ike nise Werling, Commissioner _Yes—
Jeb Hale, Commissioner _Yes
—
ElizaVbeLustburg, Con 'esioner _Yes—
. a
IC ' ler, Co lissi)n;r' —_Yes_
By —A (
William Wiatt, Chair
Signed this -f
day of
maxim=
FILED WITH THE
AGENCYCLEEK
Resolution #P 17-13
File #2012-140
L
kmi
. 2 V'MOMU - ; I - - I -
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L"I
Rick Scott -0 GOVERNOR DEio
FLORIDA DEPARTMENTA
ECONOMIC OPPORTUNTTY
December 9, 2013
The Honorable George Neugent, Mayor
Monroe County and of County Commissioners
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Neugent:
C4= MRIC40 M=
XF-
The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for Monroe County (Amendment No. 13-3 ACSC), which was
received and determined complete on May 3, 2013. We have reviewed the proposed
amendment in accordance with the state coordinated review process set forth in Sections
163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part 11, F.S.
Review comments received by the Department from the appropriate reviewing agencies are
also enclosed.
The attached Objections, Recommendations, and Comments Report outlines our
findings concerning the amendment. We have identified three objections and have included
recommendations regarding measures that can be taken to address the objections.
The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment, Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the
second public hearing is not held and the amendment adopted within 180 days of your receipt
of the Department of Economic Opportunity report, the amendment shall be deemed
withdrawn unless extended by agreement with notice to the Department of Economic
Opportunity and any affected party that provided comment on the amendment. For your
assistance, we have enclosed the procedures for final adoption and transmittal of the
comprehensive plan amendment,
1`.oru.12 ')Cpartmen' of I'Conomic Opporrunity (:aidwell Building 107 1%. Madizon Surcut " al al aa4 6, H 32399
866' .'%-2345 h5 20 5.71. 05 850.tit' .3223 ax
�-or �,,b or, �� �.wqt
Mayor George Neugent
December 9, 2013
Page 2 of 2
If you have any questions related to this review, please contact Robin Branda at (850)
717- 8495, or by email at Robin.Branda@deo.myflorida.com,
OEM=
E
William B. Killv9sworth
Director, Division of Community Development
ME=
Enclosures: objections, Recommendations, and Comments Report
Procedures for Adoption
Agency Comments
cc: Christine Hurley, Growth Management Director
Mr, James F. Marley, Executive Director, South Florida Regional Planning Council
OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT
MONROE COUNTY 13-3 ACSC
PROPOSED COMPREHENSIVE PLAN AMENDMENT
Consisten
The Monroe County 13-3 amendment package contains one Future Land Use Map (FLUM)
amendment. The County has proposed one Future Land Use Map amendment (FLUM),
consisting of two adjacent parcels that total 59,05-acres. The amendment will modify the
land uses from its current designations of Residential Low (50.91 acres), Residential
Conservation (6,82 Acres), and Mixed Commercial (.03 acres) to Industrial (38.14 Acres),
Residential Conservation (19.87 Acres), and Conservation (.41 Acres). If adopted, the
amendment will increase the potential for dwelling units by 6 to 11 DUs and increase in
Industrial use by up to 351,332 square feet. Presently, Industrial activity is being
undertaken on approximately 5.4 acres of scarified area within 59.05-acre site and is
considered by Monroe County as a legal non -conforming use. The purpose of the
amendment is to bring the subject Industrial use into conformity.
1. The Department has identified the following objections to the proposed FLUM
amendment:
A. Amendment 13-3 - Paradise Pit:
1. Environmental Suitability:
The proposed amendment site contains habitat for several Threatened and Endangered
Species including the American crocodile, the piping plover, Cotton Mouse, Woodrat,
Eastern Indigo snake, Schaus Swallowtail butterfly and is core foraging area for the Florida
wood stork Madiera nesting colony, according to the Florida Wildlife Conservation
Commission (FWCQ. Further, the FWCC affirms that the parcels are designated
environmentally sensitive land supporting buttonwood, hammock, and mangrove
communities, and the Tree Cactus. Also, within an area of the southeastern portion of the
site is an archeological resource, according to the Florida Department of State.
Additionally, the amendment site is designated Tier One, which is land characterized as
environmentally sensitive and limited to 3 dwelling allocations per year with a maximum
clearing limit of 7,500 square feet. A mining pit measuring 4.3 acres also exists on the site
and is surrounded by the previously noted 5.4 acres of scarified area now being utilized for
Industrial scale activity, Moreover, the Department has determined that over the past
decade, the perimeter of the site has, without being permitted, continued to be expanded
to encroach further into the surrounding vegetated areas, some of it high quality hammock.
While the proposed amendment will designate 38.14-acres of land, some of it highly
vegetated with representative species of tropical hardwood hammock and habitat for
numerous threatened and endangered species, the data has not justified the expansive
Industrial designation relative to protecting the environmentally sensitive Tier One habitat.
In addition, the FFWOC has determined that the parcels abut wetlands of the John
Pennecamp State Park and are adjacent to the FWCC-managed Florida Keys Wildlife and
Environmental Area. Therefore, the proposed amendment falls to direct unsuitable and
incompatible growth and land development to areas within the community in a manner
that has less Impact on important natural resources, ecosystems, and wetland functions.
The proposed designation is also internally inconsistent with the Policy 101.5.3 and Goal
102 of the Monroe County Comprehensive Plan which, respectively, encourages the
directing of non-residential growth to Tier III areas, and provides for directing future
growth to lands which are intrinsically most suitable for development and encourages
conservation and protection of environmentally sensitive lands,
Sections: 163.3177 (6)(a) and ( ); 1633177 (8) and (10)(e), 163.3178(2), Florida Statutes.
Reccomendadorn Do not adopt the amendments as submitted. In order to reduce the
density and intensity of development on the proposed FLUM, the County should adopt a
site specific amendment that limits the Industrial designation to only the presently scarified
area totaling approximately 5.4 acres, including an area for reasonable Ingress and egress.
Additionally, no employee housing should be allowed in conjunction with the Industrial
designation.
The adopted amendment should also include requirements to maintain a naturally
vegetated twenty foot buffer around the waterbody and where no industrial related activity
may take place, due to the potential for negative water quality impacts In the waterbody
(pit) and potentially the tidally associated nearshore wetlands from onshore runoff.
The adopted amendment should also ensure that only the site specific area designation is
utilized by industrial activity, As noted earlier in this report, the site has been illegally
enlarged over the years, encroaching into adjacent native vegetation such as hardwood
hammock. In order to be consistent with the Tier One designation of the site and the
Florida Keys Principles for Guiding Development, the county should require a means to
contain the present activity within the site specific location. Such means could include
fencing or signage.
111. Consistency with Florida Keys Principles for Guiding Development:
The proposed amendment also fails to implement Principles (b), (c), and (e), of the Florida
Keys Principles for Guiding Development:
(b) To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat,
(c) To protect upland resources, tropical biological communities, freshwater wetlands,
native tropical vegetation (for example, hardwood hammocks and pin lands}, dune
ridges and beaches, wildlife, and their habitat.
(e) To limit the adverse impacts of development on the quality of water throughout the
Florida Keys.
FLORIDA DEPARTMENT OF EDUCATION
GARY CHARTRAND, Charr
JOHN A PADGET, dice Chair
members
Division of Community Development
Department of Economic Opportunity
107 East Madison Street
Tallahassee, Florida 32399-41-20
Dear Mr. Eubanks:
Pam Stewart
Cone mbRemer of Education
The proposal includes an amendment to the future land use map to cure a nonconformity for an existin
light industrial use. Because theamendment does not appear to adversely affect public school facilities!
offer -ta cotartant.
Rmummmummmal I" "
,� r VIA! ,r�l�.:....
^_c: Mr. Jeff Barrow, Monroe County School District
Ms. Rebecca Jetton, DEO/State Land Planning Agency
THOMAS H. INSERRA
DmEcToR. OFFICE OF EDUCATIONAL FACILITIES
325 W. GAINES STREET - SUITE 10I4. TAL! AHASSEE, FLORIDA 32399-0400 - 850-245 -0494 - FAX 850-245-9304
GG'A "Lloe.,or'.
Eubanks,Ray
Frorm Stahl, Chris [Chris.Stahl@dep.state,fl.us]
Sent: Wednesday, October 16, 2013 313 PM
To: DCPexternal agencycomments
Cc: Craig, Kee; santamada-mayte@monroecounty-fl.gov
Subject: Monroe County 13-3ACC Proposed
Date: October 16, 2013
To: Ray Eubanks, Department of Economic Opportunity
From- Chris Stahl, Environmental Specialist, Office of Intergovernmental Programs
Florida Department of Environmental Protection
Re: Monroe County 13-3ACSC Proposed; Comprehensive Plan Amendment Review
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced package under
the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed
review that focused on potential adverse impacts to important state resources and
facilities, specifically: air and water pollution; wetlands and other surface waters of the
state; federal and state-owned lands and Interest in lands, including state parks,
greenways and trails, conservation easements; solid waste; water and wastewater
treatment.
Based on our review of the submitted amendment package, the Department has found no provision
that requires comment under laws that form the basis of the Department's jurisdiction.
Should you have any questions or require further assistance, please call me at (850) 245-2169.
South
Florida 'a V.
Regional
Planning
Council
AGENDA ITEM # 1ILC
iaju\i �
TO: COUNCIL MEMBERS
FROM: STAFF
SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED
AMENDMENT CONSENT AGENDA (ADDENDUM)
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government
comprehensive plans is Bruited to 1) adverse effects on regional resources and facilities identified in the
Strategic Regional Policy Plan jor South Florida (SRPP) and 2) extra] urisdictional impacts that would be
inconsistent with the comprehensive plan of any affected local government within the Region.
A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes,
is to be provided to the local government and the State Land Planning Agency within 30 calendar days of
receipt of the amend ment°
Council staff has not identified adverse effects to regional resources and facilities or extra] ifictional
impacts that would result from the following map and text amendments:
Proposed
Local
Local Government
Council
Review Date
Government
Transwrittir I at
GOveming
Body
T
and Plan
Proposed
Adopts
and
Adoption
Adoption
Amendment
Number
Consistency
, PublicHearing
vote
_jannAdMMeethpL_
Islacrorada 13-
N/A
4
10/18/2013
09/26/2013
5-0
E
6ACSC
onme County 13-
N/A
N/A
08/21/2013
5-0
3ACSC
North Miand 13-
N/A
10/18/2013
09/17/2013
4-0
1ESR
Pembroke Pines 13-
4
NIA
NIA
10/02/2013
5-0
1ESR
Surfiode 13-lFS—R
NIA
N/A
09 17/ -01, -1—
_TM-
TER (To Be Provided)
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, State (800) 985-4416
frp -r, Welisite, t8��c o01-1
.FqY-(q54) 985-4417. e-mail- sfacim n t c co
Monroe County 13-3ACSC proposes to resolve an existing non -conforming land use on two
parcels with 59 acres in Key Largo by changing the future land use from Residential Low,
Residential Conservation and Mixed Use Commercial to Industrial, Residential Conservation
and Conservation. The net result of the changes would increase densities and intensities on the
combined parcels, which is inconsistent with historical practices and the intent of recently
adopted Comprehensive Plan policy. The Council recornmends Monroe County continue to
,-m-4-&-v66k ags-0 chgzW "ilww-t **Xitriwol
densities and intensities.
2. Surfidde 13-lESR would eliminate public schools as an allowable use within the Moderate
Density Residential/Tourist land use category. There are no public schools within Surfaide or
any planned for development by Miami -Dade Public Schools. Surfside is a signatory to the
Amended and Restated Interlocal Agreement for Public School Facility Planning in Miarni-
Dade County (ILA). The Council recommends Surfside coordinate with Mianc-Dade Public
Schools in order to ensure the proposed change is consistent with the ILA.
.............................
-MIN, "- A-41411
I I jr .3 ff
Florida Department of Transportation
RICK SCOTT 1000 NW 111 Avenue ANANTH FRASAIC P.E.
GOVERNOR Miami, Florida 33172-5800 SECRETARY
October 25, 2013
Ray Eubanks, Plan Processing Administrator
Department of Economic Opportunity
Community Planning and Development
107 East Madison Street
Caldwell Building, RISC 160
Tallahassee, Florida 32399
Subject: Comments for the Proposed Comprehensive Plan Amendment
Monroe County #13-3ACSC
Dear Mr, Eubanks:
The Florida Department of Transportation, District Six, completed a review of the
Proposed Comprehensive Plan Amendment, Monroe County #13-3ACSC. The
District has reviewed the amendment package per Chapter 163 Florida Statutes and
determined that the Amendment is not expected to adversely impact transportation
resources of state importance.
Please contact Ken Jeffries at 305-470-5445 if you have any questions
concerning our response.
Sincerely,
Phil Steinmiller
District Planning Manager
Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6
Aileen Boucle, AlCP, Florida Department of Transportation, District 6
Mayte Santaimaria, Monroe County
wom.dot.state I'Lus
Karen Ventimiglia
Chief of Staff
The Monroe County Planning & Environmental Resources Department conducted an analysis of
the proposed maximum allocated densities and intensities by PLUM designation, estimating the
proposed FLUM amendment would increase the maximum development potential of the site by 6
Offic'k,
dwelling units and 208,000 square feet of nonresidential construction. The applicant imends to
ev, iiflv
bring the parcels into conformity with the FLUM, and has agreed to reduce by 6.7 acres the area
Nick today
originally proposed to be designated as Industrial, instead. proposing to designate that area as
Executive Director
Residential Conservation. By designating this area as Residential Conservation and not
(850) 487-3796
Industrial, the maximum potential residential development is reduced by 5 dwelling units and
(850) 921-5786 FAX
nonresidential development by 143,000 square feet ftom the initial proposal. The revision limits
Industrial fature land use almost exclusively to areas of the parcels that had been previously
mined and scarified.
Managing fish and wildlife
ribiources for their longterm
FWC staff performed Geographic Information System analyses of the parcels and determined that
won -being and me benefit
these parcels are located within:
of pemde
0 U.S. Fish and Wildlife Service's (USFWS) proposed critical habitat for the American
crocodile (Federally listed, Threatened [Fr]),
620 South Meridian Street
Tallahassee, Florida
0 USFWS consultation area for the piping plover (F1'), and
32399-1600
0 Core foraging area for the Florida wood stork (Federally listed, Endangered [FEJ)
Voice: (850) 4884676
Madeira nesting colony,
Hearing/speech Impaired,
(800) 955-8771 (T)
Several listed species have been observed in habitat adjacent to the subject parcels, including the
CRIM 955-8770 M
mangrove rivulus (State -listed, Species of Special Concern [SSC]), white -crowned pigeon (State-
MyFWC.com
Page 2
oLy. xLQUAtQt wl
go snake (FT), and colonial birds like the whit ibis (SSC) and reddish egret (SSC). The
subject parcels abut John Pennekamp Coral Reef State Park, and are adjacent to the FWC-
managed Florida Keys Wildlife and Environmental Area.
ti
TFIMAINJINU 11
TCI M-11 Ene cor! L 10M UUM IULIZI,
Ro wul Mal;
Ben.Shvk���
Sincerely,
as
Mann ocCounty 13-3 CPA-ACSC-18234-1 10613
ENV 2-3-3
c Christine Hurley, Monroe County, hu—r-191--c-linsUne pecougly-fi 0—v
Mayle Santamaria, Monroe County, antarnaria-MavILY& Q 1 -79-. v
,monrocc un v v-
Suzanne Ray, FDEP, Mnne.e.ray@&p.aJ9e.flus;
Bob Cambric, SFRPC, beambricLa)sfr
2c.cogl
Terry Manning, SFWMD, q]2gnnjn&(@ S,s _ fwaul.
0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(D-
October 31, 2013
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Florida Department of Economic Opportunity
Division of Community Planning and Development
107 East Madison Street
Tallahassee, FL 32399-4120
Subject: Monroe County, DEO, Amendment #13-3ACSC
Comments on Proposed Comprehensive Plan Amendment Package
Dear Mr, Eubanks:
The South Florida Water Management District (District) has completed its review of the
proposed amendment package submitted by Monroe County (County). The amendment
package includes one Fdture Land Use Map amendments. There appear to be no
regionally significant water resource issues; therefore, the District forwards no
comments on the proposed amendment package,
The District offers its technical assistance to the County and the Department of
Economic Opportunity in developing sound, sustainable solutions to meet the County's
future water supply needs and to protect the region's water resources, Please forward a
copy of adopted amendments to the District. For assistance or additional information,
please contact Terry Manning, Policy and Planning Analyst, at (561) 682-6779 or
tmanni
Sincerely,
0. e- 4
Dean Powell
Water Supply Bureau Chief
C' Bob Cambric, SFRPC
Christine Hurley, Monroe County
Rebecca Jefton, DEO
Terry Manning, SFWMD
3361 Gun Club Road, West Paint Beach, Porida 33406 * (561) 686-8800 FL WATb 1-800-432 2r-4;
Medina Addnes P 0 Box '14AR0 We4f Pilro Rvvdi P1 VA-Ilf-16Ao f—4 a:,,,
. . ... ... ... ... ... ... ... ... ... ... . . --------------- - ------------
RICH SCOTT KEN DETZNER
Governor Secretary of State
Me, Christine Hurley, Director November 8, 2013
Monroe County Growth Management Division
2798 Overseas Highway, Suite #400
Marathon, Florida 33050
Re: DHR Project File No. 2013-5008
Historic Preservation Review of the Monroe County 13-3ACSC Comprehensive Plan Amendment
Resolution 232-2013
KEEM�
According to this agency's responsibilities under Section 163,3184(3)(b) Florida Statutes, we reviewed the
above document to determine i.proposed amendments may adversely impact significant historic
resources.
A review of the information in the Florida Master Site File shows that several archaeological sites, which
have not been evaluated for eligibility for listing on the National Register of Historic Places (NR), fall within
the amendment area, Any future plans for this area should be sensitive to potential adverse impacts to
these sites.
For any questions concerning our comments, please contact Deena Woodward, Community Assistance
Consultant at 850,245,6333, or by electronic mail at deena.woodward@dos.myflodda.com. We appreciate
your continued interest in protecting Florida's historic properties.
Sincerely
Robert Bendus, Director
Division of Historical Resources
and State Historic Preservation Officer
DIVISION OF HISTORICAL RESOURCES
R. A. Gray Building a 500 South Bronough Street @ Tallahassee, Florida 32399-0250
Telephone: 850.246.6300 * vrww.flhpri+a v®rp- nn -
VIVA F1111111115110. Commemorating 500 years of Florida history WarW.VI*waft nr1dn-nry
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