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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 # 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3 39 40 41 42 43 44 MONROE COUNTY, FLORIDA x 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 W,, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. 5of10 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. 6 of 10 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 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 866Ji.*%.2345 h5-2d5,71105 85W)2"3223'+a% 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 1 e et C oil sit T r eg rning dy Plan proposedan Adopted va and AAd doption Adoption Zna ;and ent ant Number Consistencye ading Va Vote Findin am and Martin Isl orada 13- f A 10 j1 j2013 ±9/26/201J35-06ACSCMo oe Co ty 13- jA N/A 1/205-0 SACSC l�lorth Miand 13- NIA 10/1 /2013 09/17/2013 4-0 1FSP Pembroke Pines 13-N/AN/A 10/02/2013 -0 1ESR S fside 13-1E I A �j A 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, 13 —j cc 0 0 E d) <E E Co I 2 r, e a) 2 2 0. (L r_ 0 -1 ajnjn_� Alunoo aojuoVj iuE)wpuawv asn Pue 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 •-:-�c.,-...,,a,'••1riwi'.:.wi�',@i^,q�s.i��iv ,�yr��-��•�... ..A��q,'v7h�J.`+ _ F i . y:::: : � : •.; � :;s ram:.;: Aerial Photograph, dated late 2002/early 2003 Letter of Understanding Page 7 of 7 „ vv�329 75 1�1 �110 bd w co U) 0 HIF 0 ot -a' omaulm (j) 'ED E (D :D o Co 4, O'D E m Im 1 o N 2 a 0) CL tE � 0 2 a. 2 Q- rg ao .4 as iri CL U) 2 LL E :3 z o eojuoIN iuewpuawv asn Puei Aiuno