Item P6BOARD 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 Land Use District (Zoning) Map from Suburban
Commercial (SC), Suburban Residential (SR), and Native Area (NA) to Industrial (I) and Conservation District
(CD); for property located at 101075 Overseas Highway, Key Largo, approximate Mile Marker 101, having
Real Estate 400087100.000500, as proposed by Paradise Pit, LLC. (Quasi -Judicial 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 Land Use District (LUD)
designations of Suburban Commercial (SC), Suburban Residential (SR), and Native Area (NA). The property
currently has Future Land Use Map (FLUM) designations of Mixed Use/Commercial (MC), Residential Low
(RL), and Residential Conservation (RC). 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 concurrent 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.
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 No. 232-2013, 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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MONROE COUNTY, FLORIDA
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WHEREAS, Paradise Pit, LLC, filed an application for an amendment to the Monroe
County Land Use District Map to amend the land use (zoning) district designation from
Suburban Commercial (SQ, Suburban Residential (SID, and Native Area (NA), to Industrial (1)
and Conservation District (CD); and
WHEREAS, the subject property is located at 101075 Overseas Highway, approximate
Mile Marker 101, described as a parcel of land within Section 27/28, Township 61 South, Range
39 East, on Key Largo, Monroe County, Florida, having Real Estate #00087100.000500; and
WHEREAS, during a regularly scheduled meeting held on November 19, 2013, the
Monroe County Development Review Cornmittee reviewed the ordinance and the Chair
recommended approval; and
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WHEREAS, during a regularly scheduled public hearing held on April 30, 2014, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Findings of Fact:
1. Prior to the 1986 adoption of the County's current land development regulations and their
associated land use district maps, the subject property was primarily within a GU (General
Use) district, with small portions in RU5-P (Mobile Home Park Residential), RU-1 (Single
Family Residential), and BU-2 (Medium Business) districts;
2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for
areas of the unincorporated county. On sheet 125 of the Land Use District Map, the subje
property is primarily within Suburban Residential (SIG and Native Area (NA) Land U
Districts, with a small portion within a Suburban Commercial (SC) Land Use District;
3. In 1993, a series of future land use maps associated with the comprehensive plan, entitled
Future Land Use Map, were adopted for all areas of the unincorporated county. This m
series became effective in 1997. On map 2 of the Future Land Use Map, the subject prope
is within Residential Low (RL), Residential Conservation (RC), and Mixed Use/Commerci
(MC) categories; I
4. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the provisions and intent of the Monroe County Comprehensive Plan;
5. Monroe County Code (MCC) §102-158 states that map amendments are not intended
relieve particular hardships, nor to confer special privileges or rights on any person, nor
permit a change in community character, as analyzed in Monroe County Comprehensi
Plan, but only to make necessary adjustments in light of changed conditions; I
6. MCC §102-158(d)(5)(b) provides that one or more of the following criteria must be met for a
map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan;
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness;
f. Data updates;
& For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
Ord. No.-- 2014
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7. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
a. The existing uses of the property are consistent with the purposes of the Industrial (1) and
Conservation District (CD) Land Use Districts, as set forth in MCC §130-33 and §130-
28;
b. The existing uses of the property are permitted as permitted uses in the Industrial (I) and
Conservation District (CD) Land Use Districts, as set forth in MCC §130-82 and §130-
76;
c. As required by MCC §102-158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit a change in
community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan;
d. As required by MCC §102-158(d)(5)b.3., the map amendment is needed due to data
errors; and
a. As required by MCC §102-158(d)(5)b.6., the map amendment is needed due to data
updates; and
2. The proposed map amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
a. The Industrial (I) and Conservation District (CD) Land Use Districts correspond with the
Future Land Use Map designations of Industrial (B and Conservation (C), and are
consistent with the respective densities and intensities as set forth in Policy 101.4.22;
b. The Industrial (1) and Conservation District (CD) Land Use Districts are consistent with
the purposes of the Industrial (1) and Conservation (C) Future Land Use Map
designations, as set forth in Policies 101.4.7 and 101.4.15; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY CONI]HISSIONERS:
Section 1. Findings® The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section The previously described property shall be designated as
Industrial (1) and Conservation District (CD) as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
Section 3. SeverabifiLy-. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
Ord. No.-- 2014
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judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree shall be
rendered.
Section 4. Conflicting Provisions® All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 3 W05(1 1) and F.S. 3 80D552(9).
Section 6m Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land Planning Agency
and, if the final order is challenged, until the challenge to the order is resolved pursuant to
Chapter 120 of the Florida Statutes.
Section 7. Inclusion on the Monroe County _Code's t�fiicini I ITse istrict . The
provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 8. Effective Date. This ordinance shall become effective as provided by law and stated
above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the — day of , 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
UN
Mayor Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Ord. No-- 2011
Page 4 of 4 1
MONROE COUNTY ATTORNEY
STEVEN T.
ASSISTANT COUNTY ATTORNEY
Date
Exhibit I to Ordinance# -2014
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land in Key Largo having Real Estate Number 00087100-000500
from Native Area (NA), Suburban Commercial (SC) and Suburban Residential (SR) to Industrial (1) N
and Conservation District (CD) A
MEMORANDUM
MONROE COUNTY PLANNING St ENVIRONMENTAL RESOURCEs 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 Santa aria, Assistant Director of Planning
Emily Schemper, Principal Planner
Date: April 25, 2014
Subject: Request by Paradise Pit, LLC to amend the Monroe County Land Use District
(Zoning) Map from Suburban Commercial (SC), Suburban Residential (SIG,
and Native Area (NA) to Industrial (1) and Conservation District (CD), for a
parcel of land located at 101075 Overseas Highway, Key Largo, having real
estate number 00087100.000500.
Meeting: May 21, 2014
I. REQUEST
Paradise Pit, LLC is requesting an amendment to the Monroe County Land Use District
(Zoning) 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 Suburban Commercial (SC), Suburban Residential (SIC, and Native Area (NA) to
Industrial (I) and Conservation District (CD) to be consistent with the progressing PLUM
amendment which the BOCC recommended for transmittal to the Department of Economic
Opportunity. (Staff anticipates the BOCC adopting the FLUM in May 2014.)
IL BACKGROUND INFORMATION
Paradise Pit, LLC, operates a light industrial business at 101075 Overseas Highway in Key
Largo. The property currently has Land Use District (LUD) designations of Suburban
Commercial (SC), Suburban Residential (SIO, and Native Area (NA). The current regulations
pertaining to permitted uses within these LUDs do not allow light industrial uses, and the
current use is therefore considered nonconforming to the provisions of the current Land
Development Regulations. The applicant is requesting a change to the LUD designation in
order to eliminate the nonconformity.
At its regularly scheduled meeting on November 19, 2013, the Monroe County Development
Review Committee (DRC) reviewed and discussed the proposed LUD map amendment and
recommended approval, as adjusted to be consistent with the concurrent PLUM amendment.
Parcel history.
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 land use district designations. 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.
With the adoption of the Monroe County 2010 Comprehensive Plan's (Comprehensive Plan)
FLUM in 1997, the subject parcels were given their current FLUM designations of MC, RL,
and RC.
The existing light industrial use is located entirely within the portion of the site designated SR.
Monroe County Code § 130-94, which lists the permitted and conditional uses within the SR
land use district, does not include industrial uses as a permitted use; therefore, the existing
light industrial use is nonconforming to the current provisions of the code.
Below is the 1986 Existing Conditions Map of the area under consideration for the map amendment:
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,
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,
3of10
File #2012-141
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 LUD 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 Nonconf it
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 5). 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 PLUM amendment that eliminates a lawfully established
nonconforming use created with the final adoption of the LUD map and/or PLUM, and which
does not create an adverse effect on the community. To be exempt from the LUD amendment
application fee, the property owner must provide satisfactory evidence that the existing use on
the site also existed lawfully in 1992 and was deemed nonconforming by final adoption of the
LUD map.
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 as early as 1990.
On August 1, 2012, the Planning Department issued a Letter of Understanding for the parcel
having RE#00087100.000500 (Exhibit 6). This letter re -affirmed the lawful nonconforming
status of the light industrial use on scarified portions of the parcel and that the nonconforming
use existed lawfully in 1992 and was deemed nonconforming by final adoption of the LUD
map. The letter also advised that an amendment changing the LUD designation to SC, 1,
Mixed Use (MU), or Maritime Industries (MI) could eliminate the nonconformity of use as
those districts allow light industrial uses.
Livable CommuniKevs Plan:
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 LUD map amendment and associated FLUM amendment implement this Action
Item of the adopted Key Largo Livable CommuniKeys Master Plan.
III. PROPOSED AMENDMENT
The applicant is requesting an amendment to the Land Use District Map for a parcel in Key
Largo from Suburban Commercial (SC), Suburban Residential (SR), and Native Area (NA) to
Industrial (I) and Conservation District (CD). Existing and Proposed LUD designations are
shown below. Proposed LUD designations and boundaries are consistent with the
corresponding proposed FLUM designations, as revised to address DEO's ORC report.
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File #2012-141
IV. ANALYSIS OF PROPOSED DENSITIES and INTENSITIES; & COMPATIBILITY.
A. Maximum Allocated Density and Intensity by Land Use District
Adopted
Development potential based
Existing LUD
Type
Standards
upon allocated density
Suburban Residential
Residential
0_50 du
20 units
LUD
?llocated Densiv Acre
Transient
rooms spaces
_106 rooms spaces
50.91 acres total
kllocated Densir Acre
Nonresidential
.__
U� FAR
448;668 sf
11.20 acres (minus 9."1 acre pit)
Maximum Intensir-
Native area
Residential
ii.=_ du
1 unit
LUD
Allocated Densir.- Acre
Transient
i_i rooms spaces
0 rooms spaces
6.82 acres
Allocated Detisit:• Acre
Nonresidential
0 20 FA
- 9.41: sf
Maximum Intensir-
Suburban Commercial
Residential
a du
0 units
LLD
Allocated Densir.• Acre
Transient
10 roams spaces
0 rooms spaces
0.03 acres
Allocated Densir- Acre
Nonresidential
is 4: FAR
:22 sf
Maximum Intensir-
Residential
21 units
TOTAL SITE
llocatedDensityAcre
Transient
?06 rooms spaces
Total site: 5-.'6 acres
Allocated Density Acre
Nonresidential
508,605 sf
{based on County GiSI
Maximum Intensitv
:Adopted
Development potential based
Proposed LUD
Type
Standards
upon allocated density
Industrial
Residential
A"`
1 A'`
LLD
Allocated Density Acre
Transient
< < <
0 room- -pace_
0 rooms spaces
p
22.65 acres total
Allocated Densir- Acre
Nonresidential
J ib FAR
_��_�.46-2 sf
12.94 acres { minus 9.71 acre pit)
Maximum Intensity
Conservation District
Residential
0 du
0 units
LUD
Allocated Densir- Acre
Transient
36.36 acres
Allocated DensityAcre
!i rooms spaces
l rooms spaces
Nonresidential
0 TAR
0 sf
Maxirnum Intensir-
Residential
0 units'
TOTAL SITE
Allocated Densitv _Acre
Transient
0 rooms spaces
Total site: -59.01 acres
Allocated Density Acre
Nonresidential
22 %,46' sf
(based on survey)
Maximum Intensity
Residential: •21 du"
Net Change in Development Potential
Transient: -206 rooms: spaces
based on LUD
Nonresidential:-283,138 sf
*Although the allocated density for Industrial LUDs is 1 du/acre, the associated FLUM subarea policy will
disallow any residential development on this site.
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File #2012-141
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 LUD amendment would result in a decrease in residential
development potential of 21 dwelling units. The development potential for transient residential
units would decrease by 206 units. The decrease in nonresidential development potential
would be 283,138 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, ROOD and
NROGO permit allocation system, cumulative development potential, shoreline setback
requirements, and other development standards.
The proposed FLUM amendment for this property will include a subarea policy within the
Comprehensive Plan. As shown in the draft subarea policy (Exhibit 3), residential
development on this property will be prohibited, and all nonresidential development will be
limited to the portion of the site that is already cleared.
B. Compatibility with the Surrounding Area
Parcels surrounding the subject property currently have LUD designations of SR, SC, NA, and
Urban Residential -Mobile Home. Land uses surrounding the subject property include
residential uses and vacant land.
The subject parcel has a designation of Tier 1 and is subject to the Tier I clearing limits of
Policy 10 1 .4.23 and MCC § 118-9. 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, Schaus
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 LUD
amendment includes designating only a relatively small portion of hammock area as
Industrial.
The proposed amendment includes designating 36.36 acres of land as a Conservation District
LUD to protect hammock, potential habitat for threatened and endangered species, and
archeologically and historically significant resources. This is consistent with Goal 102 of the
Comprehensive Plan, which encourages conservation and protection of environmentally
sensitive lands; as well as Goal 104 and Policy 101.4.15, which include the protection and
preservation of natural and historic resources.
The proposed LUD map amendment is not anticipated to adversely affect the community
character of the surrounding area.
V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN AND LIVEABLE COMMUNIKEYS PLANS
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 IRIA: 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 to Strategies in the Master Plan is equivalent to the term
Objectives in the Comprehensive Plan and the term Action Its is equivalent to the to
Policy; the meanings and requirements for implementation are synonymous.
Key Largo Livable CommuniKeys Master Plan
Action Its 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities
in the planning area where appropriate.
Goal 102: Monroe County shall direct future growth to lands which are intrinsically most
suitable for development and shall encourage conservation and protection of environmentally
sensitive 1ands.
Goal 104: Monroe County shall recognize, designate, protect, and preserve its historic
resources.
VL CONSISTENCY WITH THE MONROE COUNTY CODE LAND DEVELOPMENT
REGULATIONS
In accordance with MCC §102-158(d)(5), the BOCC may consider may consider the adoption
of an ordinance enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based-, NA
2. Changed assumptions (e.g., regarding demographic trends); NA
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
As determined in the Letter of Understanding issued on August 1, 2012, the existing light
industrial use existed lawfully on the property prior to the effective date of the current land
use district map. A nonconforming use was created with the adoption of the FLUM and
when the subject parcel was rezoned by the County in 1986. Amending the LUD Map
designation for the subject parcel from Suburban Commercial (SQ, Suburban Residential
(SID, and Native Area (NA) to Industrial (1) and Conservation District (CD) will eliminate
the nonconforming use.
4. New issues; NA
5. Recognition of a need for additional detail or comprehensiveness; N.A.
6. Data updates;
On August 21, 2013, the Board of County Commissioners (BOCC) adopted Resolution
#232-2013, transmitting to the state land planning agency an ordinance amending the
FLUM for the subject property from MC, RL, and RC to I, RC, and C. Adoption of this
FLUM amendment, as revised based on DEO's ORC report, is anticipated to be scheduled
for a public hearing before the BOCC on May 21, 2014. The proposed LUD amendment is
necessary to maintain consistency between the FLUM and the LUD map.
VIL STAFF RECOMMENDATION
Staff recommends approval of the proposed Land Use District Map amendment, as detailed in
this staff report, from Suburban Commercial (SQ, Suburban Residential (SR), and Native
Area (NA), to Industrial (B and Conservation District (CD) for a parcel having real estate
number 00087100.000500, in Key Largo. This LUD map amendment is contingent on the
adoption and effectiveness of the associated FLUM amendment.
W All A
xjjt
I, V
1. Planning Commission Resolution P09-14.
2. Objections Recommendations and Comments (ORC) report regarding proposed PLUM
amendment, received from DIED December 9, 2013
I Proposed PLUM amendment.
4. Draft Comprehensive Plan subarea policy to accompany PLUM amendment.
5. Monroe County Resolution #127-2012.
6. Letter of Understanding, dated August 1, 2012, concerning the Paradise Pit LLC property.
7. Proposed LUD map amendment.
EXW
1611b+ Am
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MONROE COUNTY, FLORIDA
PLANNING ISSI N RESOLUTION NO. -1
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN
ORDINANCE AMENDING THE MONROE COUNTY LAND
USE DISTRICT (ZONING) MAP FROM SUBURBAN
COMMERCIAL (SC), SUBURBAN RESIDENTIAL (SIG, AND
NATIVE AREA. (NA), TO INDUSTRIAL (1) AND
CONSERVATION DISTRICT (CD), FOR PROPERTY
LOCATED AT 101075 OVERSEAS HIGHWAY,
PROXIMATE RIM 101, KEY LARGO, 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
#00087100.000500, AS PROPOSED BY PARADISE PIT, LLC,
PROVIDING FOR SEVE EILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAID PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
AMENDMENT TO THE LAND USE DISTRICT MAP;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled public meeting held on April 30, 2014, the
Monroe County Planning Commission conducted a review and consideration of a request filed
y Paradise Pit, LLC to amend the subject property's Land Use District designation from
Suburban Commercial (SC), Suburban Residential (SR), and Native Area (NA), to Industrial (I)
d Conservation District (CD) in accordance with §102-155 of the Monroe County Coded and
WHEREAS, the subject property is located at 101075 Overseas Highway, approximate
Mile Marker 101, described as a parcel of land within Section 27/28, Township 61 South, Range
39 East, on Ivey Largo, Monroe County, Florida, having Peal Estate #00087100.000 009 and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearin&
1. Request for a Land Use District (LUD) Map Amendment application, received by the
Planning & Environmental Resources Department on October 22, 2012 (File #2012-
141); and
Resolution #P09-14
Pile #2012-141
1 1 Staff report prepared by Emily Schemper, Principal Planner, dated April 17, 2014;
2 and
3 3. Draft Ordinance; and
4 4. Sworn testimony of Monroe County Planning & Environmental Resources
5 Department staff, and
6 5. Sworn testimony of the applicant; and
7 6. Advice and counsel of Susan Grimsley and Steve Williams, Assistant County
8 Attorneys, and John Wolfe, Planning Commission Counsel; and
9
10 WHEREAS, during a scheduled meeting held on November 19, 2013, the Monroe
11 County Development Review Committee reviewed the application and recommended approval
12 to the Board of County Commissioners; and
13
14 WHEREAS, based upon the information and documentation submitted, the Planning
15 Commission makes the following Findings of Fact:
16
17 1. Prior to the 1986 adoption of the County's current land development regulations and
18 their associated land use district maps, the subject property was primarily within a
19 GU (General Use) district, with small portions in RU5-P (Mobile Home Park
20 Residential), RU-1 (Single Family Residential), and BU-2 (Medium Business)
21 districts;
22
23 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
24 for all areas of the unincorporated county. On sheet 125 of the Land Use District
25 Map, the subject property is primarily within Suburban Residential (SIG) and Native
26 Area (NA) Land Use Districts, with a small portion within a Suburban Commercial
27 (SC) Land Use District-,
28
29 3. In 1993, a series of future land use maps associated with the comprehensive plan,
30 entitled the Future Land Use Map, were adopted for all areas of the unincorporated
31 county, This map series became effective in 1997. On map 2 of the Future Land Use
32 Map, the subject property is within Residential Low (RL), Residential Conservation
33 (RC), and Mixed Use/Commercial (MC) categories;
34
35 4. Map amendments to the Monroe County Land Use District Map shall not be
36 inconsistent with the provisions and intent of the Monroe County Comprehensive
37 Plam and
38
39 5. Monroe County Code §102-158 states that map amendments are not intended to
40 relieve particular hardships, nor to confer special privileges or rights on any person,
41 nor to permit a change in community character, as analyzed in Monroe County
42 Comprehensive Plan, but only to make necessary adjustments in light of changed
43 conditions; and
44
45 6. Monroe County Code §102-158(d)(5)(b) provides that one or more of the following
46 criteria must be met fora map amendment -
Resolution #P09-14
File #2012-141 Page 2 of 4
2 a. Changed projections (e.g., regarding public service needs) from those on which
3 the text or boundary was based;
4 li. Changed assumptions (e.g., regarding demographic trends);
5 c. Data errors, including errors in mapping, vegetative types and natural features
6 described in volume I of the plan;
7 d. New issues,
8 c, Recognition of a need for additional detail or comprehensiveness;
9 f, Data updates;
10 & For PLUM changes, the principles for guiding development as defined in the
11 Florida Statutes relating to changes to the comprehensive plan; and
12
13 7. Map amendments to the Monroe County Land Use District Map shall not be
14 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
15 Critical State Concern; and
16
17 WHEREAS, based upon the information and documentation submitted, the Planning
18 Commission makes the following Conclusions of Law:
19
20 1. The proposed map amendment is consistent with the provisions of the Monroe
21 County Code:
22 a. The existing uses of the property are consistent with the purposes of the Industrial
23 (1) and Conservation District (CD) Land Use Districts, as set forth in MCC §130-
24 33 and §130-28;
25 Is. The existing uses of the property are permitted as permitted uses in the Industrial
26 (1) and Conservation District (CD) Land Use Districts, as set forth in MCC §130-
27 82 and §130-76-,
28 c. As required by MCC §102-158, the map amendment does not relieve particular
29 hardships, nor confer special privileges or rights on any person, nor permit a
30 change in community character, as analyzed in the Monroe County Year 2010
31 Comprehensive Plan-,
32 d. As required by MCC §102-158(d)(5)b,3., the map amendment is needed due to
33 data errors; and
34 e. As required by MCC §102-158(d)(5)b.6., the map amendment is needed due to
35 data updates; and
36
37 2. The proposed map amendment is consistent with the provisions and intent of the
38 Monroe County Year 2010 Comprehensive Plan-
39 a. The Industrial (1) and Conservation District (CD) Land Use Districts correspond
40 with the Future Land Use Map designations of Industrial (1) and Conservation
41 (C), and are consistent with the respective densities and intensities as set forth in
42 Policy 101.4.22-,
43 ls, The Industrial (1) and Conservation District (CD) Land Use Districts are
44 consistent with the purposes of the Industrial (D and Conservation (C) Future
45 Land Use Map designations, as set forth in Policies 101.4.7 and 101.4.15; and
46
Resolution #P09-14 Page 3 of 4
File #2012-141
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3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF ON OE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners the
application to amend the subject property's Land Use District designation from Suburban
Commercial (SC), Suburban Residential (SR), and Native Area (NA), to Industrial (1) and
Conservation District (CD) in accordance with § 102-15 8 of the Monroe County Code.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a meeting held on the 3 01h of April, 2014.
Chair Wiatt
Commissioner Hale
Signed this S0 lfk day of A I
FILED WITH THE
AGENCY CLERK
IMMAIJIVAL's
Z, xhibit 2
Rick Sett
GOVERNOR EJ
FLORIDA DEEMkon"MENTA
ECONOMIC OPPORTUNCY
December 9, 2013
The Honorable George Neugent, Mayor
Monroe County Board of County Commissioners
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Neugent:
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 153.3184(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,
f-ic)ridaL)epartmen-cpfl'cc)ng)micoPprirttinity {;xdwcll Building 1071'.—Nadis"n-Struct '.aliahai4eL,1=1 323919
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Lk WIN - flOrWAID12, U_rl
Mayor George Neugent
December 9, 2013
Page 2 of 2
If you have any questions related to this review, please contact Robin Brands at (850)
717- 8495, or by email at Robin. Branch @deo.myflorida.com,
Emm
E
William B. Kill v9sworth
Director, Division of Community Development
mom
Enclosures: objections, Recommendations, and Comments Report
Procedures for Adoption
Agency Comments
cc: Christine Hurley, Growth Management Director
Mr. James F. Murley, Executive Director, South Florida Regional Planning Council
OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT
MONROE COUNTY 13-3 ACED
PROPOSED COMPREHENSIVE PLAN AMENDMENT
The Monroe County 13-3 amendment package contains one Future Land Use Map (FLUID)
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 FLEDM
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 Swaliowtail butterfly and is core foraging area for the Florida
wood stork Madiera nesting colony, according to the Florida Wildlife Conservation
Commission (FWCC). 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 FFWCC 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 fails 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 wetiand 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 (M); 163.3177 (8) and (10)(e), 163,3178(2), Florida Statutes.
Reccomendation: 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.
ll® Consistency with Florida Keys Principles for Guiding Development:
The proposed amendment also fails to implement Principles (b), (c), and (a), of the Florida
Keys Principles for Guiding Development:
In) 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 in 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
EeSt' 10
. WARMIL"M
RmftE
Atembary
ADA G. ANWAR, BLM
JOHN ACOLON
BARBARA S. FRINGOLD
KATHLEEN SHANAHAN
Division of Community Development
Department of Economic Opportunity
107 East Madison Street
Tallahassee, Florida 32399-41-20
?art! Stewart
Commissioner of Education
The proposal includes an amendment to the future land use map to cure a nonconformity for an existing
light industrial use. Because the amendment does not appear to adversely affect public school facilities, I
offer no comment.
Again, thank you for the opportunity to review the amendment package. If I may be of assistance, please
contact me at (850) 245-9312 orTmc,*.SubeK;yl1doq.org.
rely,dill
Tracy Suber
EM
54•
THOMAS H. INSERRA
DIRECTOR, OFFICE OF EDUCATIONAL FACILITIES
325 W. GAINES STREET - SUITE 1014 - TALLAHASSEE, FLORIDA 32399-0400 - 850-245-0494 - FAX 850-245-9304
\iN®4 'd(w.iLrg
From:
Stahl, Chris [Chris. mhl d p.stat .fi.us]
Sent:
Wednesday, October 16, 201 3:13 PM
To:
1 CPexternalagency mments
c:
Craig, Kee; ntamada ayt rnonroecounty-fl.gov
Subject:
Monroe County 13-3ACSC Proposed
Date: October 1, 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 13, 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
states federal and state-owned lands and interest in lands, including state parks,
greenways and trails, conservation eagements8 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) 245-21 9.
South
X Vol,
Florida
Regional
Planning
Council
AGENDA ITEM # lii-C
dokula
FROM: STAFF
SUBJECT. LOCAL AMENDMENTGOVERNMENT
�SE AGENDA (ADDENDUM)PLAN PROPOSED AND ADOPTED
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government
comprehensive plans is limited to 1) adverse effects on regional resources and facilitiesidentified
would be
in the
Strategic Regional Pouchy Plan for South Florida(SRPP) and 2) extra isdicdo l impacts
thainconsistent 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 amendment.
Council staff has not identified adverse effects to regional resources and facilities or extrajurisefictional
pasts that would result from the following map and text amendments,
d
Local
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10/02/2013
-0
1ESR
S fside 13-1E I
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0 j 7 2013
TBP•
* °T ('To Be Provided)
3440 Hollywood Boulevard. Suite 140, Hollywood, Florida 33021
:#0
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 th4
combined parcels, which is inconsistent with historical practices and the intent of recently
adopted Comprehensive Plan policy. The Council recommends Monroe County continue to
work with the applicant to ensure that the proposed changes do not contribute to increases in
densities and intensities.
2. Surfside 13-IF-SR would eliminate public schools as an allowable use within the Moderate
Density Residential/Tourist land use category, There are no public schools within Surfside or
any planned for development by Miann-Dade Public Schools. Surfside is a signatory to the
Amended and Restated Interlocal Agreement for Public School Facility Planning in Miarm-
Dade CountyThe Council recommends Surfside coordinate with Miami -Dade Public
Schools in order to ensure the proposed change is consistent with the ILA.
Florida Department of Transportation
RICK SCOTT 1000 Nor 111 Avenue ANANTH FRASAJA 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, IMSC 160
Tallahassee, Florida 32399
Subject: Comments for the Proposed Comprehensive Plan Amendment
Monroe County #1 3-3ACSC
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 to importance.
Please contact Ken Jeffries at 305-470-5445 if you have any questions
concerning our response,
Sincerely,
Phil Steinmiller
District Planning Manager
Cc: Harald Desounes, PE, Florida Department of Transportation, District 6
Aileen Boucle, AICP, Florida Department of Transportation, District 6
Mayte Sontamoria, Monroe County
ovow,dot.state I'Lus
"ran 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 d.
OHILk: 01 (114,
dwelling units and 208,000 square feet of nonresidential construction. The applicant intends to
xr idlvo Dirrclor
bring the parcels into conformity with the FLUM, and has agreed to reduce by 6.7 acres the area
Nick killer
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-STSO FAX
nonresidential development by 143,000 square feet from the initial proposal. The revision limits
Industrial future land use almost exclusively to areas of the parcels that had been previously
mined and scarified.
Managing fish and wildlife
resources for their binverm
FWC staff performed Geographic Information System analyses of the parcels and determined that
well-being and the benefit
these parcels are located within:
of people,
0 U.S. Fish and Wildlife Service's (USFWS) proposed critical habitat for the American
crocodile (Federally listed, Threatened [FT]),
620 South Mandian Street
Tallahassee, Florida
a USFWS consultation area for the piping plover (IT), and
32399-1600
0 Core foraging area for the Florida wood stork (Federally listed, Endangered [FEJ)
Voice: 0350) 488-4676
Madeira nesting colony,
Hearinglimeech-lunefired:
(800) 955-8771 (T)
(800) 955-8770 (V)
Several listed species have been observed in habitat adjacent to the subject parcels, including the
mangrove rivulus (State -listed, Species of Special Concern [SSCI), white -crowned pigeon (State-
MYFWC.cQm
Page 2
.10 WWII, III
1110=1 I
indigo snake (FT), and colonial birds like the white ibis (SSC) and reddish egret (SSC). Ile
subject parcels abut John Pennekamp Coral Reef State Park, and are adjacent to the FWC-
managed Florida Keys Wildlife and Environmental Area.
applicant has taken steps to avoid or minimize potential impacts to most of the intact hammock
and mangrove habitats, Throughout the planning process, we offer our technical assistance and
suggest the applicant consult the Florida Wildlife Conservation Guide at
htti)://invfwc.com/conservation/value/fwcy� to review survey protocols, avoidance and
minimization practices, and conservation techniques specific to fish and wildlife resourewS.
77=17
Ben.Sheimerd a)WFWC.com. L -
Sincerely,
Jennifer D. Goff
LW itsmIgmilLigtil�Kl,.4m1&.lj.t4"' OR Mit
jdg/b3
Monroe County 13-3 CPA-AC$C—I $214110613
ENV 2-3-3
cc: Christine Hurley, Monroe County, hILtIcy-chrisfinendOmo C -AL
Mayte Samamaria, Monroe County, Santamaria-Ma tM&monroecounty-fl.gov
Suzanne Ray, FDEP, gpcume.e.rav6&lep.stWe flus;
Bob Cambric, SFR.PC, hgambric �'sfr exam
Terry Manning, SFWMD, tmanningC@,sl`wmd.fflv
SOUTHFLORIDA WATER MANAGEMENT DISTRICT
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, SEA, 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 FtIture 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
i tmanni 1,Ssfw
Sincerely,
oz_ 4
Dean Powell
Water Supply Bureau Chief
C' Bob Cambric, SFRPC
Christine Hurley, Monroe County
Rebecca Jetton, DEO
Terry Manning, SFWMD
001 Gun Club Road, West Paini Beach, Florida 33406 - (561)686-8800 - FLWATSI-800-432-21:4i
MailineAddress PORox'MARV Wv-ztPiImR-4, rt 11,11f-IAR(I
RICK SCOTT KEN DZTZNER
Governor Secretary of State
Ms, 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
EEEZ�
According to this agency's responsibilities under Section 163.3184(3)(b) Florida Statutes, we reviewed the
above document to determine itoroposed 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.myflorida.com. We appreciate
your continued interest in protecting Florida's historic properties.
Sincerely
Robert gendus, Director
Division of Historical Resources
and State Historic Preservation Officer
DIVORCE OF HISTORICAL RESOURCES
R. A. Gray Building a 500 South Bronough Street * Tallahassee, Florida 32399-0260
Telephone: : 850.246.6300 a wffw�w1lbberit . k �ia q - A�yo as
VIVA FIBRIOA 500. Commemorating 500 years of Florida history orgray.vivall,aridn-nro,
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Exhibit 4
Draft Comprehensive Plan Sub -area Policy
to accompany proposed FLUM amendment
for Paradise Pit
Policy 107.1.4 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 currentlyexisting, xistin 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-
ific regulations and restrictions set out below:
Exhibit 4
Page 1 of 2
File #2012-141
. . . . . . . . . . .
............................................. ..........................
Residential develgment shaH ot b—e—p—enmtted Residential development shall not be permitted.
AMpLo posed nonresidential develgpmentshall be
limited to the exisligg cleared irea adjacent to the
borrow, pit (5.2 acres of scarified arealand the ex "tjn
cleared area in the NW comer of the parceILI.7 acres uloeicalil-fistorical, resource shall be fenced.
of sgpffied area . I
-Exisjkgcleared areas are identified on, the,
above. 1 1
Both the Indushiial FLUM Area and the FLUMArea
Wetland and U I
-No industrial activities shajlhg�������
-The creation and maintenance of a 2011 buffer yggqgp���� around the perimeter of
the borrow pit,
-The maintenance of siggne g)M 100 feet
encroachment into
The existim gMort structure dabeled with the letter "C' on the,MM,,a bgve) shall. be allowed to continue ol-Ay
for the use of iz vehicles associated with lawful uses on the site. No ftuther
, p
structure shall be
Reasonable maintenance of the
"roaT'around the borrow pit Movided. there are no Macts to the reawred buffer or cause bather
encroaclunent into the native habitat.
ClggjLqg foran access drive of reasonable configpration up to 18 feet in width is pg1pitted to
reasonable access to the cleared t from
the maximum cleanne liunt.The access drive as
clos�lj as possible.
Exhibitm
Page 2 o
Eu4iibi+5
MONROE COUNTY, FLORIDA
M*Pa?UE.rUjWV?T DWRp. #M COIEVURAR-NERS
RESOLUTIONNO. 127 -2012
WHEREAS, the Monroe County Board of County Commissioners wishes to
. . 0 to the best ccossible 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 services includes the estimated direct costs and reasonable
indirect 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 services; and
PjaMaag a ETfffTAW=Jn- Page I of 7 17 �"-RWWA
Page 2 of 7
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:
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 Appeals - . � . . a .... __ ............. ...........................
$1,500.00
Administrative Relief ...... ............. ...............................
$1,011-00
Beneficial Use. � . � ....... .......................................
$4,490.00
Boundary Determination ......... .................. � ..... _
$1,201.00
Comprehensive Plan, Future Land Use Map (FLUM) Amendment.
$5,531.00
New/Amendment. ......
$10,014.00
Conditional Use, Minor, New/Amendment, .... ...................
$8,484.00
Conditional Use, Minor, Transfer Development Rights (TDIC........
$1,239.00
Conditional Use, Minor, Transfer Nonresidential Floor Area (TREN1,944.00
Conditional Use, Minor, Transfer ROGO Exemption (TRE) ..........
$1,740.00
Conditional Use, Minor/Major, Minor Deviation ..... ......... .....
$1,768.00
Conditional Use, Minor/Major, Major Deviation. . .... ___ ..........
$3,500.00
Conditional Use, Nfinor/Major, Time Extension ......................
$986.00
Department of Administrative Hearings (DOAN) Appeals. _........3816.00
somm. .......... ............... .....
$12,900.0
Pewl&pmam of AgSitnal
Dock Length Variance ................. ........... .................. ..
$1,026.00
Front yard Setback Waiver, Administrative. .. � ... _ ........ .........
$1,248.00
Front Yard Setback Waiver, Planning Commission ....... __ ..... _.
$1,608.00
Home Occupation Special Use Permit ............................. ...
� S49&00
Land Development Code, Text Amendment ............ ___ ......
$5,041.00
Land Use District Map, Amendment —Nonresidential. � .............
$4,929.00
Maa, Ameadment—Residential ...
$4,13 LOG=
Page 3 of 7
Letter of Current Site Conditions ...... ........ ................
........ $936.00
.
$2,2KOO
Letter off evelopment Rights Determinatiom ......................
_
Letter of RONO Exemption. . ............ .............................
-3215.00
Letter of Understanding for LUD Map/FLUM Fee waiver. . ..... -.3250-00
$774.00
NRONO Application .......................................................
Planning Fee (Aliscellancous-per hour). ... ........ ....... ........
--$50-00
.. $1,013.00
Parking Agreement ..... ...... ............. ................
$129.00
Planning Site Visit .......... Q .............
$4,017.00
Platting, 5 lots or less ............ -- .... --- ....... ........
$4,613.00
Finding, 6 lots or mare........ °......... .........................
Pre -application with Letter of Understanding..... .......... ...........
$689.00
Pre -application with No Letter of Understanding ..........
... $296.00
Public Assembly Permit................... ... ® * ..................
....... $149.00
Dog in Restaurant Permit ................ .................................
$1%00
Research, permits and records (per hour). . ....................
_ $1,533.00
Road Abandonment ........................................... -
........
$748.00
ROGO Application. . .................... ............................
$236.00
EDON Lot/Parcel Dedication Letter .............. ................
Legislative Time Extension for Development Orders /Permits....... $250-00
Special Certificate of Appropriatenes&, ........................
.......... $200.00
$4,131.00
.........
Tier Map Amendment-Oracr door ISMEM Platted Lot .............
Tier Map Amendment-IS/uRM Platted Lot Only ...... — ........... $1,600-00
Vacation Rental Permit (Initial) .... ........ ............................
$493.00
Vacation Rental (Renewal) - . .................. .......... ...............
$100.00
Vacation Rental Manager License ........................................
$106n00
$1,076.00
Variance, Planning Commission, Signage ............... — ........
n ....
$1260&00
Variance, Planning Commission, other than Signage� .....
..........
.. $1,248.00
V ariance, Administrative .... ....... ........ — ......................
$2,24&00
Vested Rights Determination.................... --- .................
$60.00
Wedands Delineation (Per hour) ...... ...................
may be subject to the following additional fees,
Growth Management applications
requirements or applicability:
1, For any application that requires a public he and/Or surrounding
fees; $245 for
property owner notification, advertising and/or
notice
newspaper advertisement and $3 per property Owner
notice,
2. There shall be no application or other fees, except advertising and notici
fees, for affordable housing Projects, except that all applicable fees shall
charged for applications for all development approvals required for
development under Sec130-161 .1 of the Monroe County Code and
applications for variances to setback, landscaping and/or off-street p
regulations associated with an affordable housing development. I
Fee SchedgP
Page 4 of 7
-WA&.epartment Fee Schedule
Page 5 of 7
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
m-Um
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 18th day of ApEll , 2012.
Mayor David Rice Yes
Mayor Pro Tern Kim Wigington, Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy ----Its-
Commissioner George Neugent ---- 192-
cr:
c:)
OUNTY COMPUSSIONERS
IK /11
By Mayor David Rice
. . . . ..........
...........
.............
........ .. ... .
. ................
plassing & Fn�vffo R� Page 7 of 7
�xh'%bi+ to
County of Monroe
Degartmen
2798 Overseas Highway, Suite 4 10
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Emily Burkel
Paradise Pit LLC
743 Largo Road
Ke-
y Largo, PL 33037
Board 2LC2g_nU,Cornrplssioners
... "a
Mayor David Rice, Dist. 4
Heather Carruthers, Dist. 3 t
George Neugent, Dist. 2
Sylvia J. 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
WITIHN SECTION 27, TOWNSHIP 61, RANGE 39, HAVING REAL
ESTATE NUMBER 00087100.000500
Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU).
Land Use District (LUD) and Future Land Use Map GLUM) Designations:
'The Board of County Commissioners 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
official FLUM, if the property owner can provide satisfactory evidence that a currently
existing use on the site that also existed lawfully in 1992 was deemed nonconforming by
Letter of Understanding Page I of 7
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,
the Director of Planning & Environmental Resources shall determine if the information
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 requested that the Senior Director of Planning & Environmental Resources render such
a decision in relation to the subject property and, if your party decides to do so, allow you to
submit map amendment applications without the required application fees.
The current permitted use regulations for the SR district do not allow industrial uses (Monroe
County Code §130-94). Furthermore, Policy 101.4.2 of the Monroe County Comprehensive
Plan, which describes permitted uses in 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 Monroe County Code and Comprehensive Plan.
I I !
F1111211
PUINI&CU YOt 7-Tun d IOUCr Staling Uldt me eXISLILIg llgfu mulmu-Im
lawfally established on the scarified areas of the site and is thereby a lawful nonconforming use.
As a note, the existing light industrial use is located entirely within the portion of the property
designated SR and RL.
Resolution 4127-2012 requires the property owner to provide satisfactory evidence that the
existing use on the site also existed lawfully in 1992 and was deemed nonconforming by final
adoption of the LUD map and/or the existing use on the site existed lawfully in 1997 and was
deemed nonconforming by final adoption of the FLUM. Following a review, Staff has
Letter of Understanding Page 2 of 7
determined that the existing light industrial use existed lawfully in •« • was deemeis
nonconforming by the final adoption of the LUD map. Staff has also determined that t
existing light industrial use existed lawfully in 1997 and was deemed nonconforming by the fin
adoption of the FLUM.
Note: This finding does not pertain to any of the areas on the property designated NA and R
Staff has determined that these areas were appropriately designated. Staff found no eviden
that a light industrial use has ever lawfully been in existence in such areas.
Your party has not formally proposed any new LUD and/or FLUM designation. Resolutiol
#127-2012 requires the applicant to apply for a LUD and/or FLUM designation(s) that woull
eliminate the non -conforming use created with adoption of the existing designation(s) aand n
create an adverse impact to the community. Following a review, staff has determined that
FLUM category of Mixed Use / Commercial (MC) or Industrial (1) would eliminmate t
nonconformity to use as the designations allow light industrial uses. The LUD designations
MkWoUse (MMI, or Suburban Commercial �SQ under the MC FLUM c"e or4�Lnd Industrial(
or Maritime Industries (MI) under the I FLUM category could eliminate the nonconformity t
use as the districts allow light industrial uses (however please note that some of the designatio
require conditional use permit approval for such a use).
P-H'Ivw* ."WAXINU wemft7v . V.
as staff cannot make this decision. Please be aware that, although staff is interested in ding
resolution to the nonconforming use issue as well, the Planning & Envirommmne eso c
Department is not obligated to recommend approval of a proposed LUD designation
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.
firxv*�-T-- I wa* -,gop o sal quali fies for ap)dic ati on fee exemptions
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 and/or LUD amendment application without the submittal of t
aforementioned application fees. However, you are responsible for all other reqtwdremen
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
future, you may not be eligible to submit the application without such required application fe
aterwards.
III �61 �40 �f
Letter of Understanding Page 3 of 7
existing storage/shipping containers on the property. The letter requested that the property
owner provide documentation from the Growth Management Division stating that they were in
fwt__Wf rukret wr
road -ready.
e t ne f stora e/
PRA
WWI
MY ur 777p, I i I Y) 574M N7107 OF UUUIILJ IIUfZIIheS,__UTI OF UDOIL
the nonresidential use; g) Documentation ftorn the utility providers indicating the type of service
(commercial or residential) provided and the number of meters in existence on or about
September 19, 2001; and h) Similar supporting documentation not listed above as determined
suitable by the planning director.
There is aerial photography of the site on file for early 2002 and late 2002/early 2003. Upon a
detailed review, in the early 2002 photograph, although development and outdoor storage is
visible, a storage/shipping container is not clearly visible. In the late 2002/early 2003
photography, eight shipping containers are clearly visible (see attached).
Two documents are required to satisfy Monroe County Code §138-50(l). The late 2002/early
2003 aerial photograph satisfies c) Aerial photographs and original dated photographs showing
the structure(s) existed on or about September 19, 2001. However, there is not any other
documentation on file in the county's records supporting the storage containers' existence. The
Planning & Environmental Resources Director has determined that in this instance an affidavit
1;�,e-_V_91LQn_iY-V_Usted above as determined suitable by th;,
planning director. Please provide such an affidavit for the file stating that to the best of the
property owner's knowledge at least eight storage shipping containers existed on the property on
or about September 19, 2001.
Letter of Understanding Page 4 of 7
As such, eight of these structures shall be deemed lawfully nonconforming and the equivalent
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 deten-nined that the containers observed in aeri.v-1
photography were approximately 40' in length, The standard dimensions of a standard shippini_tA
container are 8' x 40' - 320 square feet.
a
Pursuant to MCC § 110-3, you are entitled to rely upon the representations set forth in this letter
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
project 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, 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
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Highway, Suite 4 10, Marathon, FL 3 3050.
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.
Sincerely yours
Townsle 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
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Aerial Photograph, dated late 2002/early 2003
Letter of Understanding Page 7 of 7
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