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Item O2M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting July 19, 2017 Agenda Item Number: 0.2 Agenda Item Summary #2624 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 3:00 PM Public Hearing AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU), for property located at 28500 & 28540 Overseas Highway, Little Torch Key, Mile Marker 28.5 oceanside, legally described as parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida, having real estate numbers 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 and 00113620- 000000, as proposed by Patrick R. And Diane Colee, Dolphin Marina Associates LTD and Torch Key Properties LTD; ). REQUEST TO CONTINUE TO OCTOBER 18, 2017 BOCC MEETING. ITEM BACKGROUND: REQUEST TO CONTINUE TO OCTOBER 18, 2017 BOCC MEETING. The applicant, Patrick R. And Diane Colee, Dolphin Marina Associates LTD and Torch Key Properties LTD, own parcels of land on property located at 28500 and 28540 Overseas Highway on Little Torch Key. The subject property is currently located within the Suburban Commercial (SC) Land Use (Zoning) District and the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category. The applicant is requesting a Land Use District Map Amendment from SC to Mixed Use (MU) in order to allow the development of new detached residential dwellings, which is not a use permitted as -of -right within the current SC Land Use District. In SC, only commercial apartments and employee housing are permitted as of right. No FLUM amendment is required because both the current and proposed Land Use Districts are established within the same Mixed Use /Commercial (MC) FLUM Category. If this zoning change is approved, in terms of allocated density, the proposed amendment would result in an overall decrease in potential permanent residential development of seven (7) units, due to the reduction in allocated density from three (3) to one (1) unit per acre. The proposed amendment would not result in any substantial change in potential transient or institutional residential development based on allocated density, even though the permitted uses are slightly different. If this zoning change is approved, in terms of maximum net density, which is density based on the net buildable area of a site when utilizing transferrable development rights (TDRs) or for affordable or employee housing, the table below shows that the proposed amendment would result in an overall increase in potential permanent residential development of 18 units (from 18.96 to 37.92 with TDRs) and an increase in potential affordable development of nine (9) units (from 56.88 to 47.4 with no TDRs). The proposed amendment would not result in any substantial change in potential transient or institutional residential development based on maximum net density, even though the permitted uses are slightly different. If this zoning change is approved, in terms of nonresidential development, the proposed amendment would not result in any change in potential nonresidential development based on maximum floor area ratio. The only change would be the addition of commercial fishing as a permitted use. On December 16, 2015, the Planning Commission passed Resolution No. P02 -16, recommending denial of the proposed map amendment to the BOCC. On April 1, 2016, thirteen written protest forms were submitted to the Clerk of Court for this proposed amendment. Pursuant to Section 102- 158(d)(6)b, in the event of a written protest of ten percent of the owners within 300 feet of the affected property, the amendment shall not become effective except by the favorable vote of four members of the Board of County Commissioners. There were 26 owners of real property located within 300 feet of the subject property. Based on the code requirement above, 2.6 protest forms by the owners of land within 300 feet of the subject property were required. Thirteen (13) protest forms were submitted to the Clerk of Court on April 1, Development Development Potential under Potential under Net Chance in Existing Current zoning proposed zoning Development Development MC FLLTAI & MC FLLRI & Potential SC LLrD NIT LLTD T (2) 3.95 DU Residential permanent 11.85 DU _7.9 dwelling Allocated Density residential (Commercial apartments or &4Cirilags or Commercial units Ernplovee housing) apartments or Employee dwellin units housing) Residential 37.92 DU Maximum Net 18.96 DU +15.96 dwelling Density (11E': (Commercial apartments) &ie,- ring-- orCommercial units transfer TDRs) apartments) Residential +9.45 dwelling Maximum Net 4 DU (affordable) 56.88 DU (affordable) units Density (Employee housing) (Employee housing) (affordable (affordable housing) housing) Transient Allocated Ten (10) 39.5 raoms:`spaces 39,5 roams; spaces No change Density transient units Transient Max Net 47.4 spaces 47.4 rooms No change Density= (hotel) (hotel) Nonresidential 5.551 SF MairnumIntensitv 17.194 - 68.774 SF 17.194 - 68.774 SF No change On December 16, 2015, the Planning Commission passed Resolution No. P02 -16, recommending denial of the proposed map amendment to the BOCC. On April 1, 2016, thirteen written protest forms were submitted to the Clerk of Court for this proposed amendment. Pursuant to Section 102- 158(d)(6)b, in the event of a written protest of ten percent of the owners within 300 feet of the affected property, the amendment shall not become effective except by the favorable vote of four members of the Board of County Commissioners. There were 26 owners of real property located within 300 feet of the subject property. Based on the code requirement above, 2.6 protest forms by the owners of land within 300 feet of the subject property were required. Thirteen (13) protest forms were submitted to the Clerk of Court on April 1, 2016. Eleven (11) of the 13 were confirmed to be owners of land within 300 feet of the subject property, triggering the requirement for a supermajority vote. The applicant requested a 6 month continuance at the May 18, 2016 BOCC meeting. The applicant had expressed that a development agreement would be submitted to address community concerns and comments. A development agreement application was not submitted by the November 2016 BOCC meeting and staff requested a continuance to the February 15, 2017 BOCC meeting. The applicant submitted a development agreement application on January 12, 2017. STAFF REQUESTS TO CONTINUE TO THE OCTOBER 18, 2017 BOCC MEETING. PREVIOUS RELEVANT BOCC ACTION: On May 18, 2016, the BOCC approved a 6 month continuance to the November 22, 2016 meeting. On November 22, 2016, the BOCC approved a continuance to the February 15, 2017 meeting. On February 12, 2017, the BOCC approved a continuance to the July 19, 2017 meeting. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of continuance to October 18, 2017. DOCUMENTATION: Staff Report Exhibit 1 July 28, 2015 Letter of Understanding Exhibit 2 - Existing LUD (Zoning) Map Exhibit 3 - Proposed LUD (Zoning) Maps Exhibit 4 - PC Staff Report Addendum Exhibit 5 - PC Resolution No P02 -16 Draft BOCC Ordinance BOCC Ordinance - Exhibit 1 Map FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed Steve Williams Completed Jaclyn Carnago Completed Assistant County Administrator Christine Hurley 01/30/2017 6:55 PM Budget and Finance Skipped Maria Slavik Skipped Jaclyn Carnago Skipped Christine Hurley Skipped Kevin Bond Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Completed 01/25/2017 6:11 PM 01/27/2017 9:26 AM 01/27/2017 10:22 AM Completed 01/25/2017 6:00 PM 01/25/2017 6:00 PM 01/25/2017 6:00 PM 01/25/2017 6:00 PM 01/25/2017 6:00 PM 01/30/2017 8:53 PM 01/31/2017 2:56 PM 02/15/2017 9:00 AM MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Mayt6 Santamaria, Senior Director of Planning & Environmental Resources From: Kevin Bond, AICP, Planning and Development Review Manager Date: April 22, 2016 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO MIXED USE (MU), FOR PROPERTY LOCATED AT 28500 & 28540 OVERSEAS HIGHWAY, LITTLE TORCH KEY, MILE MARKER 28.5 OCEANSIDE, LEGALLY DESCRIBED AS PARCELS OF LAND IN A PART OF U.S. GOVERNMENT LOT 6, SECTION 28, TOWNSHIP 66 SOUTH, RANGE 29 EAST, LITTLE TORCH KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 AND 00113620- 000000, AS PROPOSED BY PATRICK R AND DIANE COLEE, DOLPHIN MARINA ASSOCIATES LTD AND TORCH KEY PROPERTIES LTD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. 1 3 4 5 6 7 8 9 10 11 12 Meeting: May 18, 2016 I REQUEST On August 5, 2015, the property owner submitted an application requesting an amendment to the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU) for the property located at 28500 & 28540 Overseas Highway, Little Torch Key, having Real Estate Nos. 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 and 00113620- 000000. No Future Land Use Map (FLUM) amendment is required because both the current and proposed Land Use Districts are established within the same Mixed Use / Commercial (MC) FLUM Category. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page I of 12 0 �a U) E 0.2.a I 2 Subject Property with Existing Land Use District Map, 2015 Aerial 3 4 II BACKGROUND INFORMATION 5 6 Site Information: 7 Location: Little Torch Key, Mile Marker 28.5 Oceanside 8 Address: 28500 & 28540 Overseas Highway 9 Description: Part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29 10 East, Little Torch Key, Monroe County, Florida 11 Real Estate Numbers: 00113570- 000000, 00113570- 000100, 00113570- 000200, 12 00113590- 000000,00113620 - 000000 13 Property Owner /Applicant: Patrick R & Diane Colee c/o Noble House Hotel and 14 Resort, Dolphin Marina Associates Ltd and Torch Key Properties Ltd 15 Agent: Donna Bosold & James T. Hendrick 16 Size of Site: 171,936 square feet / 3.95 acres of upland according to property appraiser 17 Land Use Map (Zoning) District: Suburban Commercial (SC) 18 Future Land Use Map (FLUM) Designation: Mixed Use /Commercial (MC) 19 Tier Designation: III — Infill Area BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment R O CL a) c m E U �a r a Page 2 of 12 Packet Pg. 2841 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 Flood Zone: AE -8 and AE -9 Existing Uses: Mix of uses, including a commercial marina, transient and permanent residential uses, known as Dolphin Marina and Cottages. Existing Vegetation / Habitat: Scarified with fringing mangroves, adjacent to open water shoreline and manmade canals. Community Character of Immediate Vicinity: Single- family residential to the south across a canal; undeveloped mangroves and salt marsh land to the west across Pirates Road; residential, a church and undeveloped mangroves and salt marsh land to the north across U.S. 1. Previous Zoning: Prior to 1986, most of the property was located within BU -2 (Medium Business District) and the southeast portion of the property was located within BU -2A (Alcoholic Beverage Business District). III RELEVANT PRIOR COUNTY ACTIONS ■ In December 1987, the County approved a Minor Conditional Use (Project # 87030) for the Beach Club land base building for Little Palm Island. ■ On December 27, 2007, a Letter of Development Rights Determination (LDRD) (File # 27028) was issued concerning the Dolphin Marina property. The LDRD included a lawful determination that two (2) permanent residential dwelling units, 10 transient residential units, and 5,551 square feet of nonresidential floor area were lawfully established on the site. ■ On May 2, 2011, a ROGO exemption letter (File # 2011 -R009) was issued again concerning the Dolphin Marina property. One dwelling unit was recognized as lawfully established, which was one of the units previously recognized in the prior LDRD. ■ On July 28, 2015, a Letter of Understanding (LOU) (File # 2015 -105) was issued following a pre - application conference regarding the redevelopment of the subject property. As part of the proposed redevelopment, the owner wishes to amend the Land Use District (Zoning) of the property from SC to MU primarily due to the restrictions of the SC District on detached market -rate residential development. The LOU is attached as Exhibit 1 to this report. ■ On October 27, 2015, the Monroe County Development Review Committee reviewed the proposed land use district map amendment in accordance with Monroe County Land Development Code Section 130 -158 and recommended approval. ■ On November 18 and December 16, 2015, the Monroe County Planning Commission held a public hearing for review and recommendation on the proposed Land Use District (Zoning) map amendment and passed Resolution No. P02 -16 recommending denial to the Monroe County Board of County Commissioners. IV ANALYSIS OF PROPOSED AMENDMENT Both the existing SC Land Use District and the proposed MU Land Use District correspond to the existing Mixed Use /Commercial (MC) Future Land Use Map (FLUM) Category. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 3 of 12 0 �a U) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A. Analysis of Potential Changes in Development Potential and Permitted Uses The table below provides an estimation of the potential change in existing and proposed development potential for residential, transient and nonresidential development in terms of allocated density and maximum net density. Monroe County Land Development Code Section 130- 156(b) 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. The following table is based on a gross upland area of 171,936 square feet or 3.95 acres, according to property appraiser records. The exact upland area must still be verified by an updated boundary and mean high water line survey, which provides the amount of land area above mean high water. As the property would remain designated within the MC FLUM, there is no change to the development potential based upon the Comprehensive Plan density and intensity standards. FLUM Type Adopted Standards Development Potential Mixed Use/ Residential Allocated Density 1 -6 du/acre 3.95 — 23.7 du Commercial (MC) Residential Max Net Density 2 -18 du/buildable acre 6.32 — 56.88 du* Transient Allocated Density 5 -15 rooms /spaces /acre 19.75 -59.25 rooms /s aces* 3.95 acres Transient Max Net Density 10 -25 rooms /spaces /acre 31.6 - 79 rooms /spaces* (171,936 SF) Nonresidential Maximum Intensity 0.10 -0.45 FAR 17,194 — 77,371 SF 19 Existing LUD Type Adopted Standards Development Potential 11.85 DU Residential Allocated Density 3 DU /acre (commercial apartments or Employee housing) Residential Maximum Net 6 DU/buildable area 18.96 DU Suburban Density (w/ transfer TDRs) (Commercial apartments) Commercial (SC) Residential Maximum Net 15 DU/buildable acre 47.4 DU (affordable) Density (affordable housing) (Employee housing) 3.95 acres Transient Allocated Density 10 rooms or spaces /acre 39.5 rooms /spaces (171,936 SF) Transient Maximum Net Density 15 rooms /acre 47.4 spaces (w/ transfer TDRs) (hotel) Nonresidential Maximum 0.1 - 0.4 FAR 17,194 - 68,774 SF Intensity Proposed LUD Type Adopted Standards Development Potential 3.95 DU Residential Allocated Density I DU /acre (Detached /Attached residential dwellings or Commercial apartments or Employee Mixed Use (MU) housing) Residential Maximum Net 37.92 DU 3.95 acres Density (W/ transfer TDRs) 12 DU/buildable area (Detached /Attached residential dwellings or Commercial apartments) (171,936 SF) Residential Maximum Net 18 DU/buildable acre 56.88 DU (affordable) Density (affordable housing) (Employee housing) Transient Allocated Densit 10 rooms or s aces /acre 39.5 rooms /s aces BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 4 of 12 III 0 �a E 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 Transient Maximum Net Density (w/ transfer TDRs) Nonresidential Maximum Intensitv 15 rooms /acre 0.1 - 0.4 FAR 47.4 rooms (hotel) 17,194 - 68,774 SF In terms of allocated density, the table above shows that the proposed amendment would result in an overall decrease in potential permanent residential development of seven (7) units, due to the reduction in density from three (3) to one (1) unit per acre. The proposed amendment would not result in any substantial change in potential transient or institutional residential development based on allocated density, even though the permitted uses are slightly different. In terms of maximum net density, which is density based on the net buildable area of a site when utilizing transferrable development rights (TDRs) or for affordable or employee housing, the table above shows that the proposed amendment would result in an overall increase in potential permanent residential development of 18 units and an increase in potential affordable development of nine (9) units. The proposed amendment would not result in any substantial change in potential transient or institutional residential development based on maximum net density, even though the permitted uses are slightly different. In terms of nonresidential development, the table above shows that the proposed amendment would not result in any substantial change in potential nonresidential development based on maximum floor area ratio. The only change would be the addition of commercial fishing as a permitted use. The table below and continuing to the next page shows the potential changes in permitted uses that would result from the proposed amendment. Any blank cells mean that the use is prohibited in that district. Accessory uses and institutional uses are permitted as -of -right in both districts. The proposed amendment would result in the potential continuation of many as -of -right and conditional uses that are currently allowed within the SC Land Use District. The proposed amendment would open up the possibility of the following uses that are currently prohibited: New attached and detached residential dwellings (including vacation rental use of detached dwelling units if special permit obtained), boat building or repair (in conjunction with a marina or commercial fishing use), commercial fishing and related uses, broader commercial recreational uses, light industrial uses on parcels greater than two acres, and wastewater treatment facilities and systems serving any use. The proposed amendment would also result in the threshold for Major Conditional Use review of hotels to increase from 25 to 50 rooms, parks would become an as -of -right use instead of a Minor Conditional Use, and larger satellite earth stations would now require a Minor Conditional Use permit. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 5 of 12 0 �a U) E PERMITTED USES Permitted Land Uses Existing SC District Proposed MIJ District Permanent Residential Uses Attached and unattached employee housing, less than 6 units As -of -right As -of -right Attached and unattached employee housing, 6 to 18 units Minor Conditional Use Minor Conditional Use Attached and unattached employee housing, more than 18 units Major Conditional Use Major Conditional Use Attached residential dwellings, up to 4 units Minor Conditional Use Attached residential dwellings, more than 4 units Major Conditional Use Commercial apartments, less than 6 units As -of -right As -of -right Commercial apartments, 6 to 18 units Minor Conditional Use Minor Conditional Use Detached residential dwellings As -of -right Home occupations As -of -right Vacation rentals, nonconforming units only As -of -right Vacation rentals, detached units only As -of -right Transient Residential Uses Campgrounds Minor Conditional Use Minor Conditional Use Hotels, less than 25 rooms Minor Conditional Use Hotels, less than 50 rooms Minor Conditional Use Hotels, 25 or more rooms Major Conditional Use Hotels, 50 or more rooms Major Conditional Use Institutional residential uses, less than 10 dwelling units /rooms As -of -right As -of -right Institutional residential uses, 10 to 20 dwelling units /rooms Minor Conditional Use Minor Conditional Use Institutional residential uses, 20 or more dwelling units /rooms Major Conditional Use Minor Conditional Use Nonresidential Uses Boat building or repair (with marina or commercial fishing) Major Conditional Use Commercial fishing As -of -right Commercial recreational uses, limited As -of -right As -of -right Commercial recreational uses, parcels up to 5 acres Minor Conditional Use Commercial retail, low /medium - intensity, office, < 2,500 SF As -of -right As -of -right Commercial retail, low /medium - intensity, office, 2,500- 10,000 SF Minor Conditional Use Minor Conditional Use Commercial retail, low /medium - intensity, office, > 10,000 SF Major Conditional Use Major Conditional Use Commercial retail, high intensity, less than 2,500 SF Minor Conditional Use Minor Conditional Use Commercial retail, high intensity, more than 2,500 SF Major Conditional Use Major Conditional Use Heliports or seaplane ports Major Conditional Use Major Conditional Use Land use overlays A, E and PF Major Conditional Use Major Conditional Use Light industrial uses, parcels up to 2 acres Minor Conditional Use Minor Conditional Use Light industrial uses, parcels more than 2 acres Major Conditional Use Manufacture, repair, storage of fishing traps, nets & other equipment As -of -right Mariculture Major Conditional Use Major Conditional Use Marinas Major Conditional Use Major Conditional Use Parks and community parks Minor Conditional Use As -of -right Public buildings and uses As -of -right As -of -right Storage areas As -of -right Wastewater nutrient reduction cluster systems for < 10 residences As -of -right As -of -right Wastewater treatment facilities or systems for any uses Major Conditional Use Wireless Communication Uses Attached wireless communications facilities As -of -right As -of -right Collocations on existing antenna - supporting structures As -of -right As -of -right New antenna- supporting structures Major Conditional Use Major Conditional Use Replacement of an existing antenna- supporting structure As -of -right As -of -right Satellite earth stations, less than 2 meters in diameter As -of -right As -of -right Satellite earth stations, 2 meters or more in diameter As -of -right Minor Conditional Use Stealth wireless communications facilities As -of -right As -of -right 04 0 Ln 04 C CD C a 0 N �a �a Z 0 �s 0 z FA �a U) E BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 6 of 12 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 B. Impact on Community Character Surrounding properties are located within the Suburban Commercial (SC) District to the north across U.S. 1, the Improved Subdivision (IS) to the south across a canal and the Native Area (NA) District to the west across Pirates Road as shown on the map on Page 1. Land uses surrounding the subject property include residential uses to the south, conservation land to the west and northwest, institutional (church) and residential to the north and open water to the east. Surrounding land east of Pirates Road and Barry Avenue, including the subject property, is designated as Tier III. The majority of the site is scarified with fringing mangroves along the open water shoreline. The property is bordered by a manmade canal to the south and west. Comparing the purposes of the two Land Use Districts, as shown in the table below, the SC District is intended for commercial uses that serve the needs of the immediate area. The MU District is intended to conserve areas of mixed uses including commercial fishing, residential and resorts. The subject property is an established resort and marina, and the property currently primarily serves tourists. The County issued a Letter of Development Rights Determination (LDRD) in 2007 for this site, recognizing two (2) permanent residential dwelling units, ten (10) transient units and 5,551 square feet of nonresidential floor area were lawfully established. The proposed amendment is not anticipated to have an adverse impact on the community character of the area. C. Effects on Public Facilities Traffic Circulation (Policy 301.1.2) The subject property has access to U.S. 1 via its own driveway and through Pirates Road. Pursuant to Comprehensive Plan Policy 301.1.2, the level of service standard for U.S. 1 is LOS of "C." The property is located within U.S. 1 Segment #9, which runs from the Torch - Ramrod Bridge to the North Pine Channel Bridge (MM 27.5 - 29.5). According to the adopted 2013 U.S. 1 Arterial Travel Time and Delay Study, U.S. 1 overall is operating at a LOS of "C" and Segment #9 is operating at a LOS of "A." The draft proposed 2015 U.S. 1 Arterial Travel Time and Delay Study continues to find U.S. 1 operating at an overall LOS of "C" and Segment #9 operating at a LOS of "A." The proposed amendment is not anticipated to negatively impact the traffic circulation LOS. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 7 of 12 0 �a U) E Existing SC (Sec. 130 -43) Existing MU (Sec. 130 -38) District To establish areas for commercial uses To establish or conserve areas of Purposes designed and intended primarily to mixed uses, including commercial serve the needs of the immediate fishing, resorts, residential, planning area in which they are institutional and commercial uses, and located. This district should be preserve these as areas representative established at locations convenient and of the character, economy and cultural accessible to residential areas without history of the Florida Keys. use of U.S. 1. The proposed amendment is not anticipated to have an adverse impact on the community character of the area. C. Effects on Public Facilities Traffic Circulation (Policy 301.1.2) The subject property has access to U.S. 1 via its own driveway and through Pirates Road. Pursuant to Comprehensive Plan Policy 301.1.2, the level of service standard for U.S. 1 is LOS of "C." The property is located within U.S. 1 Segment #9, which runs from the Torch - Ramrod Bridge to the North Pine Channel Bridge (MM 27.5 - 29.5). According to the adopted 2013 U.S. 1 Arterial Travel Time and Delay Study, U.S. 1 overall is operating at a LOS of "C" and Segment #9 is operating at a LOS of "A." The draft proposed 2015 U.S. 1 Arterial Travel Time and Delay Study continues to find U.S. 1 operating at an overall LOS of "C" and Segment #9 operating at a LOS of "A." The proposed amendment is not anticipated to negatively impact the traffic circulation LOS. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 7 of 12 0 �a U) E 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 Potable Water (Policy 701.1.1) Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and Marathon, which are able to produce potable water under emergency conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual average demand in Monroe County in 2013 was 16.73 MGD and projections indicate a slight increase to an annual average demand of 17.28 MGD for 2015. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for nonresidential potable water is 0.35 gallons per square foot per day. The proposed amendment would not change the site's nonresidential development potential, which would have no effect on potable water demand from this site if developed to its maximum nonresidential potential. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for residential potable water is 66.5 gallons per capita per day. The proposed amendment would increase the potential residential development by 12 units (2.24 residents per dwelling unit). Therefore, the proposed amendment could result in a net increase in demand from this site of up to 1,788 gallons per day if developed to its maximum residential potential. Currently, there is sufficient capacity for such an increase. Solid Waste (Policy 801.1.1) Monroe County has a contract with Waste Management through September 30, 2024. The contract authorizes the use of in -state facilities; thereby, providing the County with approximately 10 years of guaranteed capacity for the haul -out and disposal of 95,000 tons per year of solid waste not including yard waste. Under the proposed amendment, the net increase in potential residential units on the site would be 12 dwelling units. Currently, there is sufficient capacity for such an increase. Sanitary Sewer (Policy 901.1.1) The County has adopted water quality treatment standards for wastewater facilities and, within the Sanitary Wastewater Treatment Master Plan, the LOS standard for residential and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). Under the proposed amendment, the net increase in potential residential units on the site is 12 dwelling units, which could result in a net increase in demand from this site of up to 1,740 gallons per day if developed to its maximum residential potential. The subject property is located within the Cudjoe Regional Sewer District. Any new or existing development would be required to connect to the sewer system when available. The Cudjoe Regional Wastewater Treatment Facility is designed and constructed in accordance with the adopted levels of service treatment standards. D. Consistency with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers: BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 8of12 0 �a U) E 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 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 101.4: Monroe County shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.4.5: The principal purpose of the Mixed Use /Commercial land use category is to provide for the establishment of commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non - residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in encouraging the maintenance and enhancement of community character and recreational and commercial working waterfronts. Policy 101.4.22: Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17: Future Land Use Densities and Intensities Future Land Use Category And Corresponding Zoning Allocated Density > (per acre) Maximum Net Density (per buildable acre) Maximum Intensity (floor area ratio) 0.10 -0.45 Mixed Use /Commercial (MC) (9) 1 -6 du 2 -18 du (SC,UC, DR, RV, (SC, UC, DR, RV, MU and 5 -15 rooms /spaces 10 -25 rooms /spaces and MU zoning) MI zoning) 1 du (MI zoning) 2 du (MI zoning) 0.30 -0.60 (MI zoning) Notes: (b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. (g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use /Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply. (i) The Maximum Net Density is the maximum density allowable with the use of TDRs. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 9of12 0 �a U) E 0) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, pursuant to Policy 101.4.5. 1 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 Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan The proposed amendment is consistent with the Goals, Objectives and Policy Items of the Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan. Specifically, the amendment furthers: Goal 1: Monroe County shall manage future growth to preserve the rural or low density community character, protect the natural environment of the Lower Keys, and maintain and encourage commercial revitalization along the U.S. 1 corridor. Community character includes the cultural /traditional heritage, physical character, and scale of the businesses that serve the local community in the Lower Keys area. Objective 1.1: Monroe County shall continue to manage the rate of residential and non- residential growth in the Lower Keys to maintain adequate levels of service and ensure a balance of land use to serve the existing and future population. Use of the Tier System as the primary means to conserve natural areas, focus state and county acquisition programs, manage growth in transition areas, and guide development to areas most appropriate for new infill development and redevelopment. Objective 1.2: Monroe County shall continue to use the Land Use District Map and Future Land Use Map categories to regulate land use by type, density, and intensity. Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use districts as the primary regulatory tools for evaluating development proposals. E. Consistency with the provisions and intent of the Monroe County Land Development Code In accordance with Monroe County Land Development Code Section 102- 158(d)(5), the Board of County Commissioners (BOCC) 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: Not applicable. 2. Changed assumptions (e.g., regarding demographic trends): The applicant states, "The tourist population in this area is increasingly dominated by family and affinity groups who demand more commodious lodging (i.e., vacation rentals) than the motel /hotel rooms allowed in the Suburban Commercial (SC) district." Staff has not identified any changed assumptions that would necessitate the proposed amendment. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 10 of 12 0 �a U) 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 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the Year 2010 Comprehensive Plan: The applicant states, "The permanent residential units that have long existed on the subject property are inconsistent with the current (SC) zoning." The existing permanent residential units on the property are recognized as lawful nonconforming uses. However, such lawfully - established dwelling units are not considered non - conforming to density, pursuant to Comprehensive Plan Policy 101.4.25. Staff does not consider this to be evidence of a data error or an error in mapping. 4. New issues: The applicant states, "Torch Key Subarea Goals, Objectives and Policies as outlined in the recently- adopted Lower Keys CommuniKeys Plan will be facilitated by the proposed zoning change from SC to Mixed Use (MU)." Staff considered the consistency of the proposed amendment with the Lower Keys Livable CommuniKeys Plan, adopted in 2012. Staff finds that the Lower Keys LCP is a new issue in that it was created after the current Comprehensive Plan was adopted in 1993. Staff finds the proposed amendment furthers Goal 1, Objectives 1.1 and 1.2 and Policy Item 1.2.1 of the Lower Keys LCP. 5. Recognition of a need for additional detail or comprehensiveness: The MU District is intended to establish or conserve areas of mixed uses, commercial fishing, resorts, residential, institutional and commercial uses, and preserve these as areas representative of the character, economy and cultural history of the Florida Keys. The subject property is an established resort and marina (Dolphin Marina & Cottages), including the shuttle to Little Palm Island. The County issued a Letter of Development Rights Determination (LDRD) in 2007 for this site, recognizing two (2) permanent residential dwelling units, ten (10) transient units and 5,551 square feet of nonresidential floor area were lawfully established. 6. Data updates: The applicant states, "The Lower Keys CommuniKeys Plan completed in 2012 includes the subarea segment identified as Segment 9, Torch Keys, and quantifies issues specific to the subarea that were not previously considered when the property was zoned SC." Staff considered the consistency of the proposed amendment with the Lower Keys Livable CommuniKeys Plan, adopted in 2012. Staff finds that the Lower Keys LCP provided data updates in that it included goals, objectives and policy items that specifically apply to Big, Middle and Little Torch Keys (grouped together as "Torches" in the LCP). Staff finds the proposed amendment furthers Goal 1, Objectives 1.1 and 1.2 and Policy Item 1.2.1 as they apply to Torches within the Lower Keys LCP. BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 11 of 12 0 �a U) E 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 7. For FLUM changes, the principles for guiding development as defined in the Florida Statutes relating to changes to the comprehensive plan: Not applicable. V RECOMMENDATION Staff recommends APPROVAL of the proposed amendment to the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU) for the property located at 28500 & 28540 Overseas Highway, Little Torch Key, having Real Estate Nos. 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 and 00113620- 000000. Staff has found that the proposed Land Use District map amendment would be consistent with the provisions of Monroe County Land Development Code Section 102- 158(d)(5)(b): Specifically, staff recommends approval of the proposed map amendment based on factors #4 New issues; #5 Recognition of a need for additional detail or comprehensiveness and #6 Data updates. VI EXHIBITS 1. Letter of Understanding, July 28, 2015 2. Existing Land Use District Map (Craig Map) 3. Proposed Land Use District Amendment Maps 4. Staff Memorandum — Addendum #1, December 8, 2015 5. Planning Commission Resolution No. P02 -16 0 �a U) E BOCC Staff Report 5/18/2016 File # 2015 -152 Land Use District (Zoning) Map Amendment Page 12 of 12 County of Monroe Growth Management Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 Board or County Commissioners Mayor Danny L. Kohlage, District 1 Mayor Pro Tern, Heather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia J. Murphy, District 5 July 28, 2015 Donna Bosold Critical Concern Consultants 317 Whitehead Street Key West, FL 33040 donna.bosold@att.net ccckw@flotmall.com SUBJECT: LETTER OF UNDERSTANDING CONCERNING A PROPOSED VACATION RENTAL COMMUNITY OF 22 DWELLING UNITS WITH ASSOCIATED AMENITIES; REDEVELOPMENT OF COMMERCIAL FLOOR AREA AND RETENTION OF AN EXISTING MARINA ON FIVE PARCELS OF LAND LOCATED ON LITTLE TORCH KEY, APPROXIMATE MILE MARKER 28.5 (OCEANSIDE), HAVING REAL ESTATE NUMBERS 00113570.000000, 00113570.000100, 00113570.000200, 00113590.000000, AND 00113620.000000; AND FOR THE PROPOSED TRANSFER OF 20 TREs FROM A SENDER SITE, KNOWN AS "TROPIC PALMS MOBILE HOME PARK," LOCATED AT 6125 SECOND STREET, STOCK ISLAND, APPROXIMATE MILE MARKER 5 (OCEANSIDE), HAVING REAL ESTATE NUMBER 00124560.000000. Ms. Bosold, Pursuant to § 110 -3 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding (LOU). On June 8, 2015, a Pre - Application Conference regarding the above - referenced property was held at the office of the Monroe County Planning & Environmental Resources Department in Marathon. Attendees of the meeting included Donna Bosold and James Hendrick, agents to the property owners (hereafter referred to as "Applicant;" and Matt Coyle, Principal Planner, and Emily Schemper, Comprehensive Planning Manager (hereafter referred to as "Staff'). Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 1 of 20 Materials presented for review included: (a) Pre - Application Conference Request Form; (b) Project Description; (c) Monroe County Property Record Cards; (d) Boundary Survey of the site, by Frederick Hildebrandt, dated 6/7/98, revised 4/12/06; (e) Letter of Development Rights Determination (for Little Torch Key site), dated 12/27/2007; (f) Letter of Development Rights Determination (for Stock Island site), dated 2121/2008; (g) "The Dolphin Resort" Site Plan, by Grassi Design Studio, dated 3/24/15, revised 5/26/15; and (h) Email from the Applicant dated 7/17/2015 updating proposed development on the site. I. APPLICANT PROPOSAL The Applicant is proposing to redevelop five contiguous parcels on Little Torch Key, commonly known as Dolphin Marina ( "Dolphin Marina Site "), with 22 single family dwelling units, to be used as vacation rental units, with associated amenities. Eight (8) of the units would be attached dwelling units; 14 of the units would be detached dwelling units. The proposed scope of redevelopment would include retention of the existing marina facilities; the demolition and redevelopment of all other existing dwelling units and commercial floor area on the site; and the addition of new commercial floor area. The Applicant stated that proposed nonresidential uses on the site, including the existing marina facilities, would be limited to use by the vacation rental occupants and Little Palm Island guests. The Applicant also proposes to retain the site's current parking and ferry boat service for Little Palm Island. In order to accomplish the proposed redevelopment, the Applicant is proposing the transfer of 18.05 Transferable Development Rights (TDRs) from an unknown sender site, and the transfer of 20 market rate permanent ROGO Exemptions (TREs) to the Dolphin Marina Site from the Tropic Palms Mobile Home Park on Stock Island ( "Tropic Palms Site "). The applicant is also proposing an amendment to the Land Use District (Zoning) designation for the Dolphin Marina Site from Suburban Commercial (SC) to Mixed Use (MU). remainder of this page left intentionally blank> Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 2 of 20 Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 3 of 20 Packet Pg. 2854 Dolphin Marina Site outlined, with land use districts shown (aerial 2015, MC GIS) Tropic Palms Site outlined, with land use districts shown (aerial 2015, MC GIS) II. SUBJECT PROPERTY DESCRIPTION The Dolphin Marina Site is located off of Pirates Road, south of Overseas Highway, at approximate mile marker 28.5 (Oceanside) on Little Torch Key. According to the Monroe County Property Appraiser's records, the parcels have a physical address of 28540 and 28500 Overseas Highway. 2. The Dolphin Marina Site is comprised of five contiguous parcels, assessed under real estate numbers 00113570.000000, 00113570.000100, 00113570.000200, 00113590.000000, and 00113620.000000. 3. The Dolphin Marina Site is currently developed with both transient and permanent residential units, and commercial uses, which together make up a resort hotel, known as Dolphin Marina and Cottages. 4. According to the current Property Appraiser's data, the Dolphin Marina Site has a total upland area of approximately 3.95 acres (171,935 SF), and submerged or environmentally sensitive land area totaling approximately 2.17 acres (94,525 SF). According to the project description submitted with the application, the Dolphin Marina Site contains 4.59 acres of upland. Although a boundary survey was submitted for review, it did not indicate the total upland area of the site. All calculations included in this letter are based on the aforementioned upland area figure of 3.95 acres (171,935 SF) based on Property Appraiser's data. A sealed boundary survey providing the exact amount of upland situated above mean high water shall be required at the time of application submittal for any development approval for new development adversely affecting open space or land use intensity. This survey shall show mean high water lines drawn in accordance with Florida Statutes. If the amount of upland provided on the sealed boundary survey differs, then calculations provided in this letter are subject to change. The Tropic Palms Site is located at 6125 Second Street on Stock Island. It is comprised of one (1) parcel, having real estate number 00124560.000000 and legally described as Block 34, Lots I -10 & 16 -20, Maloney Subdivision (PB1 -55). The Tropic Palms Site is currently developed with fifteen (15) mobile homes, ten (10) recreational vehicles (RVs) and several accessory structures. Please note that the fifteen (15) mobile homes and the ten (10) RVs on the site have been recognized as twenty -five (25) permanent dwelling units per a Letter of Development Rights Determination issued on February 21, 2008. 7. According to the current Property Appraiser's data, the Tropic Palms Site has a total upland area of approximately 82,825 SF (1.90 acres). III. RELEVANT PRIOR COUNTY ACTIONS On December 27, 2007, a Letter of Development Rights Determination (LDRD) was issued concerning the Dolphin Marina Site. The LDRD included a lawful determination that two Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 4 of 20 (2) permanent residential dwelling units, ten (10) transient residential units, and 5,551 square feet of nonresidential floor area were lawfully established on the site, distributed over the individual parcels as follows: Parcel RE# Lawfully established units /floor area permanent residential dwelling units Transient units Nonresidential floor area 00113570.000000 1 - 1,360 SF 00113570.000100 - 4 581 SF 00113570.000200 1 - - 00113590.000000 - 6 3,610 SF Total 2 10 5,551 SF The redevelopment of the lawfully established residential units and/or nonresidential floor area will not be subject to the ROGO or NROGO permit allocation system. 2. On February 21, 2008, a Letter of Development Rights Determination (LDRD) was issued concerning the Tropic Palms Site. The LDRD included a lawful determination that twenty - five (25) permanent residential dwelling units are lawfully established on the site and are thereby exempt from the ROGO permit allocation system. IV. REVIEW The following regulations directly affect the proposal; however, please note that there may be other regulations not referred to nor described in this letter which may govern development. As shown in the image on page 3, the Dolphin Marina Site is located within a Suburban Commercial (SC) Land Use (Zoning) District. Consistent with the zoning district boundary lines, the property is designated as Mixed Use /Commercial (MC) on the Future Land Use Map (FLUM). The Applicant has proposed amending the zoning district of the Dolphin Marina Site parcels from SC to Mixed Use (MU) in order to develop detached dwelling units on the site, which are not a permitted use within the SC district. Amendments to the zoning map are subject to the provisions of MCC §102 -158. The contents of this letter address the regulations that would apply to the site under the MU zoning category, assuming a zoning amendment is approved and becomes effective. 2. The Dolphin Marina Site parcels have been assigned a tier designation of Tier III. 3. According to the current Flood Insurance Rate Maps published by FEMA, the Dolphin Marina Site parcels are partially within an AE El -8 flood zone, and partially within an AE El -9 flood zone. 4. The proposed development would be consistent with the purpose of the MU land use (zoning) district (MCC Section 130 -38), which is to establish or conserve areas of mixed uses, including commercial fishing, resorts, residential, institutional and commercial uses, Torch Key Prop. LTD, Dolphin Marina Assoc. LTD: Colee; Newman - Letter of Understanding (File #2015 -060) Page 5 of 20 and preserve these as areas representative of the character, economy and cultural history of the Florida Keys. 5. The proposed development would also be consistent with the purpose of the MC future land use category (MCCP Policy 101.4.5), which is to provide for the establishment of commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non- residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in encouraging the maintenance and enhancement of community character and recreational and commercial working waterfronts. 6. Based on information provided, the Applicant is proposing to develop 22 dwelling units (to be used as vacation rental units), and several nonresidential buildings and uses (including the existing marina) that will serve the dwelling unit occupants, as well as Little Palm Island guests. Floor areas, floor plans, and other details for the proposed nonresidential buildings were not provided. The Applicant has stated that the proposed redevelopment of the site will also retain the marina -type uses on the site, but the entire site will be gated and the use of all facilities will be limited to occupants of the residential dwelling units (used as vacation rental units), as well as guests of Little Palm Island. Based on the conceptual site plan, it is unclear if the nonresidential buildings would be for the exclusive use of the 22 dwelling unit occupants, or if they would be open to Little Palm Island guests and /or the general public. If limited to occupants of the dwelling units within a gated community area, the County may consider some of the uses as accessory uses to the dwelling units; if open to use by Little Palm Island guests and /or the public, they would be considered commercial retail or other nonresidential uses. Additional detail is necessary regarding the specific use of and access to all proposed nonresidential uses and structures on the site before a determination can be made as to whether they will be considered accessory uses or another nonresidential use. As defined in MCC §101 -1, the following definitions apply to proposed uses on the site: Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment,for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling unit. Torch Key Prop. LTD, Dolphin Marina Assoc. LTD: Colee: Newman - Letter of Understanding (File #2015 -060) Page 6 of 20 Dwelling, attached, means a residential dwelling unit consisting of one or more of residential units that are developed without open yards on all sides of the dwelling unit. Dwelling, detached, means an individual residential dwelling that is developed with open yards on all sides of the dwelling unit but not including mobile homes or recreational vehicles. Commercial retail use means a use that sells goods or services at retail. Commercial retail uses are divided into the following three classifications: (])Commercial retail low - intensity means commercial retail uses that generate less than 50 average daily trips per 1, 000 square feet of floor area. (2)Commercial retail medium - intensity means retail uses that generate between 50 and 100 average daily trips per 1,000 square feet of floor area. (3)Commercial retail high - intensity means retail uses that generate above 100 average daily trips per 1,000 square feet of floor area. Accessary use or accessory structure means a use or structure that: 1) is subordinate to and serves an existing principal use or principal structure; and 2) is subordinate in area, extent and purpose to an existing principal use or principal structure served; and 3) contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and 4) is located on the same lot /parcel or on a lot/parcel that is under the same ownership as the lot /parcel on which the principal use or principal structure is located; and 5) is located on the same lot /parcel or on a contiguous lot /parcel as an existing principal use or principal structure, excluding accessory docking facilities that may be permitted on adjacent lots /parcels pursuant to MCC §118 -12; and 6) is located in the same land use (zoning) district as the principal use or principal structure, excluding off -site parking pursuant to MCC §114 -67. Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for noncommercial purpose. In no event shall an accessory use or structure be established prior to the principal use to which it is accessory. Accessory uses shall not include guest units or any other potentially habitable structures. Habitable structures are considered to be dwelling units as defined in this section. Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 7 of 20 Pursuant to MCC § 130 -88, in the MU land use (zoning) district and density - permitting, the proposed uses may be permitted as follows: - Detached residential dwellings may be permitted as -of -right with building permit approval. - Vacation rental use of detached dwelling units is permitted if a special vacation rental permit is obtained under the regulations established in MCC § 134 -1. - Attached residential dwelling units may be permitted as a minor conditional use, provided that: a. The total number of units does not exceed four; and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development. - Attached residential dwelling units with more than 4 units may be permitted as a major conditional use, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; - Commercial retail, medium intensity, uses of less than 2,500 square feet of floor area may be permitted as -of -right with building permit approval. - Commercial retail, medium intensity, uses of greater than 2,500 but less than 10,000 square feet of floor area may be permitted as a minor conditional use, provided that access to U.S. 1 by way of: a) an existing curb cut; b) a signalized intersection; or c) a curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet. - Commercial retail, medium intensity, uses of greater than 10,000 square feet of floor area may be permitted as a major conditional use, provided that access to U.S. 1 by way of: a) an existing curb cut; b) a signalized intersection; or c) a curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; - Accessory uses may be permitted as -of -right with building permit approval. Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; 1`lewcnan - Letter of Understanding (File #2015 -060) Page 8 of 20 The proposed development would require a major conditional use permit, as it includes 8 attached residential units and may contain commercial retail floor area exceeding 10,000 square feet. 7. Per MCC §130-157, §130-162, and §130-164, the following land use densities and intensities apply within the MU district: Allocated Density (MU district) Land Use Allocated Density Gross area of site Max Allowed Proposed Potential Used Detached /Attached Residential 1 du /acre 3.95 acres 3.95 units see max net - Max Net Density (with use of TDRs) (MU district) Land Use Max Net Density Buildable area of site Max Allowed Proposed Potential Used Detached /Attached Residential with TDRs 12 du/ buildable acre 3.16 buildable acres 37.92 units 22 du (requires 18.05 TDRs) 58.0% Sub -Total 58.0% Nonresidential Intensity (MU district) Land Use Maximum Intensity Gross area of site Max Allowed Proposed Potential Used Commercial Retail (medium- intensity) 0.25 F.A.R. 171,935 SF 42,983 SF TBD* TBD* Total TBD ** '-Based on the sub -total of proposed residential density, 58.0% of the cumulative density /intensity of the site is already proposed. Therefore, up to 42.0 %, or 18,052 SF, of the maximum allowed commercial retail (medium intensity) square footage could be proposed on the site as well. '='`The combined total of residential and nonresidential potential used may not exceed 100 %. As shown in the table above, in order to meet the density provisions of MCC § 130 -157, the proposed 22 residential dwelling units will require the transfer of 18.05 transferable development rights (TDRs) to the site from a qualifying sender site. The Applicant has not proposed a sender site for the necessary TDRs. The requirements and procedures for TDRs are discussed at the end of this LOU. 8. Pursuant to MCC §138 -21, the residential ROGO shall apply to all residential dwelling units for which a building permit is required by the Land Development Code and for which building permits have not been issued prior to July 13, 1992, except as otherwise provided. Pursuant to MCC §138 - 22(1), redevelopment, rehabilitation or replacement of any lawfully established residential dwelling unit or space that does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 9 of 20 Therefore, the Applicant is entitled to one dwelling unit allocation, exempt from the ROGO permit allocation system, for each dwelling unit that was lawfully - established. The LDRD dated December 27, 2007 included a lawful determination that two (2) permanent residential dwelling units and ten (10) transient residential units are lawfully established on the Dolphin Marina Site and exempt from the ROGO permit allocation system. The additional 20 permanent residential dwelling units proposed by the Applicant will require 20 additional ROGO allocations, either through the allocation system, or through a qualifying transfer from another site. The Applicant has identified the Tropic Palms Site as a potential sender site for a Transfer of ROGO Exemptions (TREs) under the affordable housing incentive program: Transfer of ROGO Exemptions from Mobile Home Parks, outlined within §130 -161.1 of the Land Development Code. The requirements and procedures for TREs are discussed at the end of this LOU. 9. Pursuant to MCC §138 -49, the NROGO shall apply to the development of all new and expanded nonresidential floor area, except as exempted by section 138 -50, for which a building permit or other final development approval is required. Pursuant to MCC § 138 - 50(1), the NROGO shall not apply to the redevelopment, rehabilitation or replacement of any lawfully established nonresidential ,floor area which does not increase the amount of nonresidential floor area greater than that which existed on the site prior to the redevelopment, rehabilitation or replacement. The LDRD dated December 27, 2007 included a lawful determination that 5,551 square feet of nonresidential floor area is lawfully established on the Dolphin Marina Site and is therefore exempt from the NROGO permit allocation system. Any nonresidential floor area proposed which exceeds 5,551 square feet, and is not determined to be accessory to the proposed dwelling units, will be subject to the NROGO permit allocation system. 10. In the MU district, there is a required open space ratio of 0.20 or 20 percent of the upland area of the site. As defined in MCC §101 -1, open space means that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky. The conceptual site plan does not provide enough information for Staff to determine compliance. In order to be in compliance, the site would require approximately 34,387 SF of general open space (20% of site, 171,935 SF). 11. As specified in MCC §130 -186, the required non - shoreline setbacks in the MU district for residential uses are as follows: Primary front yard — 25'; Secondary front yard — 15'; Primary side yard — 10'; Secondary side yard — 5'; and Rear yard — 20'. The property has a primary front yard setback requirement of 25' along the northern property line, adjacent to the Overseas Highway right of way. All other sides of the property are located along shorelines and are subject to the shoreline setback requirements in MCC §118 -12. Torch Key Prop, LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File 42015 -060) Page 10 of 20 The submitted conceptual site plan does not provide enough detail to determine if the proposal is in compliance with the required setbacks. 12. The proposed development is subject to the following off- street parking requirements, pursuant to MCC § 114- 67(c): Specific Use Multiplier Proposed Required Spaces Single- family dwelling 2.0 spaces per dwelling 14 detached dwelling 28 spaces units unit units 2.0 spaces per each 1- bedroom dwelling unit; 2.0 TBD — applicant has not Multifamily residential spaces per each 2- bedroom indicated the number of 16 -24 spaces developments dwelling unit; and 3.0 bedrooms for each of the spaces per each 3 or more 8 attached units bedroom dwelling unit 44+ spaces (depending on number of bedrooms Total Per attached dwelling unit and amount of proposed nonresidential floor area) The conceptual site plan submitted by the Applicant shows 103 parking spaces located on the site, plus 30 additional parking spaces located on the FDOT right of way adjacent to the site. The Applicant stated that the right of way land is leased from FDOT for parking purposes, and that some of the parking on the site and the leased land serves the guests of Little Palm Island. It is unclear from the information provided how many parking spaces will be designated as parking for the proposed residential dwelling units and how many will be designated as parking for Little Palm Island. Additionally, any nonresidential floor area proposed will be subject to the parking requirements of MCC § 114 -67(c) according to the specific use identified. Therefore, compliance with the parking requirements could not be determined at this time. At least one ADA compliant accessible parking space is required for every 25 vehicle parking spaces. Such spaces shall be designed and marked for exclusive use of those individuals who have a severe physical disability and have permanent or temporary mobility problems who have been issued either a disabled parking permit or a license plate. In addition, parking access aisles must be part of an accessible route to the building entrance. The access aisle shall be striped diagonally to designate it as a no- parking zone. Curb ramps must be located outside of the disabled parking spaces and access aisles. ADA Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Undemanding (File #2415 -060) Page 11 of 20 accessible parking spaces must meet all current requirements of the Americans with Disabilities Act including dimensional standards. All regular parking spaces, with the exception of parallel, must be at least 8'6" in width by 18' in length. Parallel parking spaces must be 8'6" in width by 25' in length. Further, each required parking space shall have direct and unrestricted access to an aisle of the following minimum width: Parking Pattern One Way Aisle Width Two Way Aisle Width 0 degrees 12' 24' 30/45 degrees 15' 24' 60 degrees 18' 24' 75 degrees 22' 24' 90 degrees 24' 24' 13. For parking areas containing six or more spaces within an MU district, a class "C" landscaping standard is required. Landscaping is described /illustrated in MCC § 114 -100. No landscape plan was provided; therefore compliance could not be determined. A detailed landscape plan including specific material and location to be planted will need to be submitted at the time of development approval. 14, Any nonresidential floor area will be required to have either one or two loading /unloading spaces, in accordance with MCC § 114 -69, depending on the amount of floor area proposed. Details regarding nonresidential square footage were riot provided; therefore, the required number and size of loading /unloading spaces could not be determined. 15. In accordance with MCC § 118 -7(1), to the maximum extent practicable, development shall be sited so as to preserve all listed threatened, endangered, commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height (DBH) of greater than 4 ". If the proposed improvements require the removal of native trees with a DBH of greater than 4 ", mitigation will be required. In accordance with §118-2, as part of an application for approval on lands containing upland native vegetation communities, the applicant shall prepare and submit an existing conditions report, including a survey that identifies the distribution and quality of native habitats and any observed endangered /threatened or protected species within the parcel or lot proposed to be developed in accordance with the standards of chapter 118. As provided in §118 -9(b), upland native vegetated areas in Tier III shall be limited to clearing of 40 percent of the upland native vegetated areas or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet of upland native vegetative area. The above described existing conditions report should include analysis of the amount of upland native vegetation that has been cleared in the past. In accordance with § 118 -9(c), the legal conditions of land existing as of February 28, 1986, and as depicted on Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -066) Page 12 of 20 the December 1985 Habitat Classification Aerial Photographs (the subject parcel may be found on Sheet # 329), shall be used as a baseline to determine the clearing that may be permitted on a site. The 1985 maps shall be supplemented by recent aerial photography and existing site analysis to determine any increases in the amount of upland native vegetated areas. Upland native vegetated areas cleared between 1986 and the time of permit application shall be considered to still include upland native vegetation for purposes of determining the amount of open space and clearing permitted. 16. A class `B" major street buffer (minimum of 5' in width) is required along the northern property line adjacent to the Overseas Highway right of way. The following land use district bufferyards are required: Property Line District Boundary Bufferyard Class Minimum Width (ft) South MU - ZS (along a canal) B 5' Bufferyard standards including planting specifications are fully described in § 114 -128 of the Land Development Code. No landscape plan was provided; therefore compliance could not be determined. A detailed landscape plan including specific material and location to be planted will need to be submitted at the time of development approval. 17. A stormwater management plan sball be required as part of the building permit application. This plan shall detail pre and post development water flow and storage on site with supporting calculations. Pursuant to MCC § 114 -3(f), water management areas shall be legally reserved to and maintained by the operational entity and be dedicated on the plat, deed restriction, or easements. Any change in the use of the property must comply with this regulation and any other requirements of the [MCCP] and [the MCC.] Stormwater management areas shall be connected to a public road or other location fi°om which operation and maintenance means of access are legally and physically available to the operational entity, in accordance with county land development regulations governing subdivision of land. As provided in MCC §114 -3(h), it is the responsibility of the applicant to provide a stormwater management plan for the development that contains sufficient information for the planning director to evaluate the environmental and stormwater discharge characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, calculations, explanations, and citations to supporting references, and any additional information deemed necessary by the planning director. The stormwater management plan must be sealed by an engineer registered in the state with experience in stormwater management and drainage design. A stormwater management plan was not provided for review. Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 13 of 20 18. No structure or building shall be developed that exceeds a maximum height of 35'. Pursuant to MCC §101 -1: Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding chimneys; spires and/or steeples on structures used for institutional and/or public uses only; radio and/or television antenna, flagpoles; solar apparatus; utility poles and /or transmission towers; and certain antenna supporting structures with attached antenna and/or collocations as permitted in MCC Chapter 146. However, in no event shall any of the exclusions enumerated in this section be construed to permit any habitable or usable space to exceed the applicable height limitations. Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the structure, whichever is higher. To confirm the natural elevation of the ground surface, the county shall utilize the Light Detection and Ranging (LiDAR) dataset for Monroe County prepared in 2007. In the event 2007 LiDAR data is not available for a given parcel, the county shall use the best available data, including, but not limited to, pre - construction boundary surveys with elevations, pre- construction topographic surveys, elevation certificates and /or other optical remote sensing data. The Dolphin Marina Site is located on the Overseas Highway (US 1) and, as noted above, has a physical address of 28540 and 28500 Overseas Highway; accordingly, if the crown or curb of the Overseas Highway is higher than the natural elevation of the ground surface, building height may be measured from the crown or curb of the Overseas Highway. Proposed building elevations were not provided; therefore compliance with height requirements could not be determined. 19. Pursuant to MCC §114 -21, a solid waste /recycling collection area of 144 square feet will be required for the attached multifamily dwelling units. The location of each collection area shall be in an area that a) is accessible and convenient to the intended users (typically no more than 200' from the farthest user); does not interfere with the primary use of the site; c) can tolerate noise, odor and increased pedestrian and vehicle traffic; and d) is designed to be easily accessible by all collection vehicles. V. OTHER ISSUES CONCERNING THE PROPOSAL 1. Transfer of ROGO Exemptions. Applicant has not yet identified a receiver site to which the TREs associated with the 10 existing hotel units on the Dolphin Marina Site will be transferred following demolition of those units. When that receiver site is identified, transfer of those transient TREs will require compliance with the off -site transfer provisions of Sec. 138- 22(2)c. Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 14 of 20 As stated in item number 8, on pages 9 -10 of this LOU, the proposed development of 22 dwelling units on the Dolphin Marina Site would require the applicant to obtain an additional 20 ROGO allocations or ROGO exemptions. The Applicant has identified the Tropic Palms Site as a potential sender site for a Transfer of ROGO Exemptions (TREs) under Program 1 of the affordable housing incentive programs: Transfer of ROGO Exemptions from Mobile Home Parks, as described in §130-161,1 of the Land Development Code. Pursuant to MCC §130- 161.1(2)(a), the intent of the subject THE program is to establish an appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile home developments in URM and URM -L districts, and contiguous parcels under common ownership containing mobile homes where any of the foregoing is presently serving as a primary source of affordable housing in Monroe County (any of the being an "eligible sender site") by providing an alternative development strategy to straightforward market -rate redevelopment. This program is intended to allow the transfer - of market rate ROGO exemptions associated with lawfully established dwelling units now existing at an eligible sender site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed - restricted affordable dwelling units within Monroe County. This program seeks to address the housing needs of the Florida Keys as a regional obligation. The subject THE program provides an eligible sender site owner the opportunity to transfer market rate ROGO exemptions currently associated with existing and lawfully established dwelling units from eligible sender sites to receiver site(s) within Monroe County, provided that it involves the pooling of affordable dwelling unit rights for redevelopment at donated, purchased or otherwise appropriately deed- restricted sites, and transfer of ROGO exemptions or allocations . for the purpose of implementing and facilitating one or more affordable housing projects. The provisions of MCC §130 -161.1 shall control over all contrary provisions of the Land Development Code related to the transferability of ROGO exemptions. Pursuant to MCC §130-161.1(2)(b), the subject THE program requires the following procedure: (i) This transfer shall require an approved development agreement. (ii) Minor conditional use approval is required to complete the transfer. Pursuant to MCC § 130 - 161.1(2), the following requirements must be met: (c) Development agreement requirements. (i) Sender site restrictions: (1) ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis where the ROGO exemptions are to be transferred to single family residential lots or parcels within the same ROGO planning subarea. However, where transfers are to be made to commercial or recreational working waterfronts (as defined by Florida Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 15 of 20 Statutes), or to multi family projects in non -IS districts, the transfers shall result in no fewer than two deed - restricted affordable or workforce housing units remaining on an eligible sender site(s) for each market rate ROGO exemption transferred. This section expresses the county's preference for transfer of ROGO exemptions to single-family lots /parcels. The following examples are set forth only to show some potential transfer scenarios. A given potential scenario may depend upon availability of affordable ROGO allocations provided by the county. (2) The eligible sender site property(ies) shall be donated or sold to Monroe County, or otherwise appropriately deed- restricted for long -term affordability. Prior to acceptance of a donated or purchased parcel, all units to be maintained on site shall pass a life safety inspection conducted in a manner prescribed by the Monroe County Building Department. Monroe County may then lease the sender site property to a party who will serve as lessee and sub - lessor of the eligible sender site(s). (3) The number of transferred ROGO exemptions shall not exceed the number of restricted affordable dwelling units maintained at the eligible sender sites. (4) The resulting development or redevelopment of affordable housing pursuant to the governing development agreement will be targeted to serve as closely as possible the following household income categories: 25 percent very low income households, 25 percent low income households, 25 percent median income households, and 25 percent moderate income households (or as otherwise approved by the BOCC). (5) Lot rents and/or sales prices for resulting deed- restricted dwelling units shall be established in accordance with restrictions outlined in Florida Statutes azdlor the Monroe County Code. (6) All units designated by the applicable development agreement to remain as deed restricted affordable housing at the donated, purchased or appropriately deed - restricted site(s) shall comply with hurricane standards established by the Florida Building Code and habitability standards established under the Florida Landlord and Tenant Act. Compliance shall be accomplished in a manner and within a timeframe set forth in the development agreement or, if applicable, in the relevant minor conditional use. (7) A development agreement proposed under this program shall not utilize more than 50 percent of the existing affordable housing allocations then available to Monroe County, unless otherwise approved by the BOCC. (8) All of the redeveloped or preserved affordable housing units, whether redeveloped or retained at the original sender site(s), or at alternate or additional locations, shall remain in the same planning sub- district as the original sender site(s). (d) Minor conditional use requirements. (i) Receiver site criteria: (1) The receiver site shall be located in a Tier III designated area. (2) The receiver site shall not be located in a velocity (V) zone. (3) A property owner cannot receive a certificate of occupancy far any unit constructed as a result of a transferred ROGO - exemption until all corresponding Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Col= Newman - Letter of Understanding (File #2015 -060) Page 16 of 20 eligible sender site units are completed and deed - restricted as affordable dwelling units. (4) All or any portion of the redeveloped or preserved affordable housing units may be redeveloped or retained at one or more alternate or additional locations donated or sold to Monroe County, identified in the Development Agreement and otherwise compliant with the remainder of this section, including but not limited to the requirements set forth in subsection (2)(c)(i)(2). (5) Transferred ROGO - exemptions shall remain in the same ROGO planning subarea. (e) Nothing herein shall preclude the county's replacement of sender site dwelling units with affordable allocations and recovery and transfer of market -rate ROGO- exemptions from the sender sites use in administrative relief programs or other like purposes. The Applicant stated that the Tropic Palms Site is a mobile home park in which the mobile home park land is owned by one common owner and the individual lots are leased to mobile home owners. Depending on the details of the ownership structure of the Tropic Palms Mobile Home Park, approval of the Tropic Palms Mobile Home Park as a sender site for TREs will be subject to proof of ownership of individual units /lots within the park. The proposed development involves a transfer of 20 TREs from the Tropic Palms site to the Dolphin Marina site on a I for 1 basis, as ROGO exemptions transferred within the same ROGO planning subarea. After an equivalent number of deed - restricted affordable housing units are established on the Tropic Patens site (sender site), then the transfer of the market - rate TREs associated with the lawfully established mobile homes may be transferred to the Dolphin Marina receiver site. Although the receiver site is within the same ROGO planning subarea as the sender site, it does not currently consist of single - family residential lots or parcels. As a plat is not required or feasible, after any approval and construction of the residential dwelling units, the developer must establish individual parcels for each of the residential dwelling units via the Monroe County Property Appraiser (with a unique real estate number for each single- family unit). Regardless of changes to ownership structure, all parcels on the site will remain aggregated for the purposes of development review. 2. Transferable Development Rights. As stated in item number 7, on page 9 of this LOU, the development of 22 residential dwelling units will also require the transfer of 18.05 transferable development rights (TDRs) to the site from a qualifying sender site in order to meet the density requirements in MCC § 130 -157. The Applicant has not proposed a sender site for the necessary TDRs. Under the regulations set forth in MCC §130 -160, in order to receive TDRs, a site must have a maximum net density standard for both its Zoning and F`LUM categories. The requirement for maximum net density is outlined in CP Policy 101.13.3, which states the Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not exceed the maximum densities established in the CP. In addition, CP Policy Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 17 of 20 101.4.21 also states the Maximum Net Density is the maximum density allowable with the use of TDRs. Maximum net density means the maximum density permitted to be developed per unit of land on the net buildable area of a site, as measured in dwelling units or rooms per acre. If a maximum net density is available for a given property, withstanding compliance with the criteria set forth in CP Policy 101.13.4 and MCC §130 -160, the property owner could transfer the appropriate number of TDR's to bridge the gap between the allocated density allowance and the desired number of residential dwelling units. The total desired number of dwelling units must be equal to or less than the maximum net density allowance. Per MCC § 130 -157, the MU zoning district has a maximum net density of 12 dwelling units per buildable acre. Per Policy 101.4.22 of the MCCP, the MC FLUM category has a maximum net density of 18 dwelling units per buildable acre. Therefore, as the subject property has a maximum net density allowance, it is an eligible receiver site for 18.05 TDRs to bridge the gap between the allocated density of 3.95 dwelling units and the proposed 22 dwelling units. Further, MCC §130 -160, which outlines the TDR process states: (a)(2) The maximum net densities set forth in sections 130 -157 and 130 -162 shall not be exceeded and new development on a receiver site shall be developed in compliance with each and every requirement of this Land Development Code; (a)(3) The maximum net densities set forth for the applicable future land use category in the comprehensive plan shall not be exceeded and new development on a receiver site shall be developed in compliance with each and every requirement of the comprehensive plan; (a)(7) A development right may be transferred in part, provided it is rounded to the nearest tenth (i.e. if a sender site is designated Native Area (NA) and consists only of two acres of upland, the property owner may transfer the fractional 0.50 transferable development right). However, in accordance with subsection (8), in no event shall a property owner utilize part of a sender site's acreage ,for a transferable development right and maintain the right to develop that acreage as the land use intensity shall be exhausted. (a)(8) Prior to application for a building permit authorizing the development of a residential dwelling unit on a receiver site requiring a transferable development right, the sender site(s) shall be a) dedicated to the county or b) placed in a conservation easement prohibiting its future development. A conservation easement shall be reviewed and approved by the planning and environmental resources department prior to its recording in the official records of the county. Torch Key Prop. LTD: Dolphin Marina Assoc. LTD; Colee; Newman - Letter of Understanding (File #2015 -060) Page 18 of 20 Pursuant to MCC §130- 160(a)(1), A sender site shall be within one of the following land use (zoning) districts in subsection a. and /or contain at least one of the following habitat types in subsection b.: a. Land use (zoning) districts: Conservation (C), Mainland Native (MN), Native Area (NA), Offshore Island (OS), Parks and Refuge (PR) or Sparsely Settled (SS). b. Habitat types: Freshwater wetlands, Saltmarsh/Buttonwood wetlands, High quality high hammock, High quality low hammock, Moderate quality high hammock, Moderate quality low hammock, High quality pinelands, Low quality pinelands, Beach./berm, Palm Hammock, Cactus Hammock, and /or Disturbed wetlands. Pursuant to MCC §130- 160(a)(8), Prior to application for a building permit authorizing the development of a residential dwelling unit on a receiver site requiring a transferable development right, the sender site(s) shall be a) dedicated to the county or b) placed in a conservation easement prohibiting its future development. A conservation easement shall be reviewed and approved by the planning and environmental resources department prior to its recording in the official records of the county. A minor conditional use permit is required pursuant to MCC §130- 160(b) to carry out the TDRs. 3. As part of any building permit or conditional use permit application, a detailed site plan shall be submitted with the application. In addition, a landscape plan and surface water management plan will be required. 4. Prior to the issuance of any building permit, if such review is required, all proposed development shall be found in compliance by the Monroe County Building Department and the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant coordinate with these offices prior to application submittal. The Planning & Environmental Resources Department does not review for compliance with the Florida Building Code. 5. The property is designated within the AE -EL 8 and AE -EL 9 flood zones on the Federal Emergency Management Agency (FEMA)'s flood insurance rate maps. All new structures or structures that are substantially improved must be built to floodplain management standards that meet those for flood protection. 6. All development shall be required to meet all standards and requirements of the Americans with Disabilities Act (ADA). 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. Torch Key Prop. LTD; Dolphin Marina Assoc. LTD; Col= Newman - Letter of Understanding (File #2015 -060) Page t9 of 20 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 410, Marathon, FL 33050. We trust that this information is of assistance. If you have any questions regarding the contents of this letter, or if we may further assist you with your project, please feel free to contact our Marathon office at (305)289 -2500. Sincerely yours, V Mayte Santama ta, Senior Director Planning & Environmental Resources CC: Emily Schemper, Comprehensive Planning Manager Matthew Coyle, Principal Planner Torch Key Prop. LTD: Dolphin Marina Assoc. LTD: Colee; Newman - Letter of Understanding (File #2015 -060) Page 20 of 20 A \ , cc GLOZ ,m, k_* &! z_+m@, ®wc =wam «g-zm+, wL m eHOIm { §3 ± \� {IL UOVI \� ( % ©s � m A . i ! � � ( � � ( .K ! r ! � ! W!� � ƒ UP � } ) \ \ UU � ƒ 0 =� S, ;s 2k —� - � .� �. ((ZSL # alld 6uluueld) 6uiuoZ esnOH algON 4Z96 sdeW (6uluoZ) an Pe Q N o � r _ - Ul m i D c (6 J U N , I!q!4x3 :;uaw4 Q w w 0 N o C O o yr U LL U O L U o � o w o Q i Z o K J _ - Ul m - D c (6 J J M W N 01 IL d Y V IL U O) O a 0 L a) Z a) Q Z m 2 J K J _ - Ul - U N N - - - - _ j O O O O z O U N E O 2w 1 Q O D a a e C O m C m U) (1) Q CU Ln _0 c ro a� 3 3 LL uawpuawy ash pue� Ajunoo aoauon MEMORANDUM - ADDENDUM #1 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Planning Commission Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 From: Kevin Bond, AICP, Planning and Development Review Manager Date: December 8, 2015 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO MIXED USE (MU), FOR PROPERTY LOCATED AT 28500 & 28540 OVERSEAS HIGHWAY, LITTLE TORCH KEY, MILE MARKER 28.5 OCEANSIDE, LEGALLY DESCRIBED AS PARCELS OF LAND IN A PART OF U.S. GOVERNMENT LOT 6, SECTION 28, TOWNSHIP 66 SOUTH, RANGE 29 EAST, LITTLE TORCH KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 AND 00113620- 000000, AS PROPOSED BY PATRICK R AND DIANE COLEE, DOLPHIN MARINA ASSOCIATES LTD AND TORCH KEY PROPERTIES LTD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. Meeting: December 16, 2015 ADDENDUM #1 At its November 18, 2015 meeting, the Planning Commission continued the hearing for the subject request to December 16, 2015. The continuance was to give the applicant and staff time to address concerns expressed by the public, surrounding property owners and the Planning Commission. The agent for the property owner /applicant submitted the attached supplement. Staff provides the following addendum. Lower Keys MC FLUM and SC/MU Land Use Districts One of the questions raised at the public hearing was about which other land in the Lower Keys is located within the Mixed Use (MU) Land Use District. Staff created the maps below to show what land is currently located within the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) Categories and within the Suburban Commercial (SC) and Mixed Use (MU) Land Use Districts. The Lower Keys Livable CommuniKeys Plan (LCP) includes land between U.S. 1 Mile Markers 14.2 and 29.0. File # 2015 -152 Page 1 of 9 (R N 0 - SW # ally 6uluueld) 6uiuoZ esnoH elgoN : VZ9Z) wnpueppV :podob }}e ;S :Dd - b ;Iglyx3 : ;uGwt43e ; ;V .i ap a� a� O 0 a� U - O CA S-y O w U N N 0 0 0 O M l w N CA CA ct CA 0$ k\ 's, LO co N 6 a r d 4� Y O V m N a cz o„ w N N w "'I N M ZT I (R N 0 - SW # ally 6uluueld) 6uiuoZ esnoH elgoN : VZ9Z) wnpueppV :podo21 }}e ;S :Dd - b ;lgl4x3 : ;uGwt43e ; ;V � co N C1 CL bL _ a C L7 ° i i� A: -� °. Q U _ 1, •U Q o ,• zs zi -+r. a CA . O I-" M r� y ' ` t U N CA A4 �. r t 4e: ­ _ I r_ Awl- � l a� 4p " _ L a t � N r `• O lZT V) r � Y o v R M a a N O N 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 r a. -- Ot" MC FLUM parcels on the Torches 0 SC and MU s on the Torches Potential Changes in Permitted Uses Questions were raised at the hearing about the potential changes in permitted uses that would result from the proposed amendment from SC to MU. The proposed amendment, if approved, would result in the continuation of almost all of the same uses that are currently allowed within the SC Land Use District, either as -of -right or as a conditional use. Accessory uses and institutional uses are permitted as -of -right in both districts. The proposed amendment would open up the possibility of the following uses under the MU District that are currently prohibited in the SC District: • Attached and detached residential dwellings (including vacation rental use of detached dwelling units if special permit obtained). • One (1) to four (4) attached residential units would require a Minor Conditional Use Permit, and more than four (4) attached residential units would require a Major Conditional Use Permit. • Any number of detached residential dwellings are permitted as- of- right, including vacation rentals. • Boat building or repair (in conjunction with a marina or commercial fishing use) • Commercial fishing and related uses • Broader commercial recreational uses (limited uses currently allowed in SC District) • Light industrial uses on parcels greater than two acres (already allowed in SC District on parcels up to two acres as a Minor Conditional Use) • Wastewater treatment facilities and systems serving any use. File # 2015 -152 Page 4 of 9 Packet Pg. 2877 I The proposed amendment would also result in the threshold for Major Conditional Use review of 2 hotels to increase from 25 to 50 rooms, parks would become an as -of -right use instead of a 3 Minor Conditional Use, and larger satellite earth stations would now require a Minor Conditional 4 Use permit. 5 6 Consistency with the Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan 7 Several comments and questions were made at the public hearing about the consistency of the 8 proposed land use map amendment with the Lower Keys LCP. The Agent for the Applicant, in 9 the written narrative of their application, mentioned the LCP several times without specifying 10 which goals, objectives or policy items the proposed amendment is consistent with. After the 11 November hearing, the Agent submitted the attached supplement to their narrative. 12 13 In its original memorandum, Staff evaluated the proposed amendment for consistency with the 14 LCP, which divides up the Lower Keys into six (6) subareas: Summerland, Sugarloaf, Cudjoe, 15 Baypoint/Saddlebunch, Torches and Ramrod. Appendix A of the LCP identifies which goals, 16 objectives and policies apply to each of the six subareas for the seven elements of the LCP. The 17 Future Land Use Element is excerpted below. 18 Appendix A Goals, Objectives and Policies by Subarea Future Land Use Element 19 Goal, Objective, Policy Summerland Sugarloaf Cudjoe Baypoint/ Saddlebunch Torches Rarnrod Goal X X X X X X Objective 1.1 X X X X X X Policy 1.1.1 X X X X Policy 1.1.2 X X X X Policy 1.1.3 X X X X Policy 1.1.4 X X X X X X Policy 1.1.5 X X X X X X Objective 1.2 X X X X X X Policy 1.2.1 X X X X X X Policy 1.2.2 X X X X X X Objective 1.3 X X X X X X Policy 1.3.1 X X X X X X Policy 1.3.2 X X X X X X Policy 1.3.3 X X X X X X Objective 1.4 X X X X Policy 1.4.1 X X X Policy 1.4.2 X X X Policy 1.4.3 X X X Policy 1.4.4 X X X Objective 1.5 X X X Policy 1.5.1 X X X Policy 1.5.2 X X X Policy 1.5.3 X X X File # 2015 -152 Page 5 of 9 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 Out of the one goal, five objectives and 17 policies of the Future Land Use Element, only the one goal, three objectives and seven policies apply to the Torches subarea. As part of this addendum, staff evaluates each of the applicable portions of the LCP as follows. Goal 1: Monroe County shall manage future growth to preserve the rural or low density community character, protect the natural environment of the Lower Keys, and maintain and encourage commercial revitalization along the U.S. 1 corridor. Community character includes the cultural /traditional heritage, physical character, and scale of the businesses that serve the local community in the Lower Keys area. The subject property is commercial land directly adjacent to the U.S. I corridor. The property currently exhibits aspects of community character, such as the existing marina and charter fishing activities that are part of the cultural/traditional heritage of the Lower Keys. The property currently serves tourists, seasonal residents and the local community through its marina uses and its transient and non - transient dwelling units, and serving as the land base for the off -shore Little Palm Island resort. The proposed amendment would encourage the revitalization of the property, and bring some of the nonconforming uses into compliance with the Code. Staff finds the proposed amendment is consistent with Goal 1. Objective 1.1: Monroe County shall continue to manage the rate of residential and non- residential growth in the Lower Keys to maintain adequate levels of service and ensure a balance of land use to serve the existing and future population. Use of the Tier System as the primary means to conserve natural areas, focus state and county acquisition programs, manage growth in transition areas, and guide development to areas most appropriate for new infill development and redevelopment. The rate of growth of the property would continue to be managed through ROGO and NROGO. The property is designated Tier III, which is the most suitable for new infill development and redevelopment. Staff finds the proposed amendment is consistent with Objective 1.1. Policy Item 1.1.4: To increase awareness of potential development and redevelopment activity periodic reports will be provided to the Lower Keys community summarizing the number, location, and type of development applications received and accepted for review. The periodic reports mentioned in this policy are not the responsibility of the applicant. Although Policy Item 1.1.4 is not applicable, the subject map amendment is a development application that has public notice and public hearing requirements prior to a final decision. The public and surrounding property owners have been made aware of the proposed amendment through the required public notice and have multiple opportunities to express support for or against the proposed amendment in writing or in person at the public hearings. Policy Item 1.1.5: Monroe County will encourage individuals seeking minor and major conditional use approvals to meet with neighboring property owners and representatives of community groups prior to the submittal of permit applications. Although the current request is not a conditional use and therefore Policy Item 1.1.5 does not apply, the Agent and Applicant/Property Owner are encouraged to meet with neighboring property owners and community groups about the proposed map amendment. The Agent states File # 2015 -152 Page 6 of 9 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 they have made efforts to meet with the neighbors and are planning to hold a community meeting. Objective 1.2: Monroe County shall continue to use the Land Use District Map and Future Land Use Map categories to regulate land use by type, density, and intensity. The LCP is silent about map amendments between different FL UM Categories and Land Use (Zoning) District. The proposed land use map amendment would maintain the same MC FL UM Category. As the above maps show, most land within the MC FL UM is located along the U.S. I corridor. More land is located within the SC District than the MU District. Of the two existing areas of MU District within the Lower Keys LCP area, one is located on Little Torch Key just north of the subject property, across Overseas Highway. The character of the existing Lower Keys areas within the MU District exhibits a range of commercial and residential uses. The MU District would allow more types of uses than currently allowed by the SC District, and bring some existing nonconforming uses into compliance. The potential changes in maximum density and intensity were previously analyzed, with allocated density decreasing, maximum net density (for TDRs and affordable housing) increasing and nonresidential intensity remaining the same. The County would continue to use the FL UM and Land Use District maps to regulate land uses. Staff finds the proposed amendment is consistent with Objective 1.2. Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use districts as the primary regulatory tools for evaluating development proposals. The FL UM categories and land use districts would continue to be the primary regulatory tools for evaluating development proposals. Staff finds the proposed amendment is consistent with Policy Item 1.2.1. Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State Critical Concern and height restriction policies specified within the Monroe County Comprehensive Plan and the Monroe County Land Development Code. The County continues to implement the FKACSC and height restriction policies. Staff finds the proposed amendment is consistent with Policy Item 1.2.2. Objective 1.3: Monroe County shall evaluate the effectiveness of existing neighborhood conservation efforts, and, if necessary, revise existing or prepare new policies, procedures, and programs to conserve, stabilize, and improve conditions in existing neighborhoods. The subject property is located north of the Jolly Roger Estates subdivision, which is a residential neighborhood. Although Staff is unaware of any existing neighborhood conservation efforts, several surrounding property owners and residents spoke at the public hearing about concerns they have with the current operation of the businesses and marina on the subject property. Concerns mentioned include high boat traffic on the shared canal between the subject property and the residential subdivision to the south, boats causing wakes and damage to docks and seawalls, noise and odors coming from the subject property, and excessive number of vehicles parked on the subject property. There are also concerns about these problems becoming worse if the proposed map amendment is approved. File # 2015 -152 Page 7 of 9 I Since many of these concerns relate to the current management and operation of the existing 2 businesses on the subject property, Staff has recommended to the Applicant's Agent that a 3 neighborhood meeting be held so that residents can express to the property owner their 4 concerns about the current uses, the proposed map amendment and any future redevelopment 5 of the property. Staff finds the proposed amendment is consistent with Objective 1. 3, provided 6 that the applicant/property owner makes a good faith effort to consider the concerns of 7 surrounding property owners and residents as they relate to conserving, stabilizing and 8 improving conditions for existing neighborhoods. 9 10 Policy Item 1.3.1: To maintain the rural character of existing neighborhoods, improved 11 subdivisions, and lands along the rights -of -way of local roadways, Monroe County shall prepare 12 and adopt standards limiting clearance of existing native vegetation, including vegetated areas 13 with little value as wildlife habitat, and requiring mitigation where clearance is deemed 14 unavoidable. 15 The County's adopted standards for limiting clearing and requiring mitigation can be found 16 in Chapter 118 of the Land Development Code. Any future clearing on the property would be 17 subject to Code Chapter 118 and the Comprehensive Plan, regardless of any map amendment. 18 Staff finds the proposed amendment is consistent with Policy Item 1.3.1. 19 20 Policy Item 1.3.2: Monroe County will explore the feasibility of enacting design guidelines to 21 ensure new development and redevelopment in and adjacent to existing improved subdivisions is 22 compatible in scale and character with surrounding properties. The guidelines, if deemed 23 feasible, may address the following: 24 ■ conservation of existing and establishment of new native vegetation and buffers; 25 ■ limits on impervious surfaces; 26 ■ building placement, massing, and height; 27 ■ enclosure of building areas below base flood elevation; and 28 ■ location and screening of parking areas, mechanical equipment, and trash receptacles. 29 No design guidelines for new development and redevelopment have been enacted. The current 30 Land Development Code would require: 31 ■ Existing vegetation to be conserved under Code Chapter 118, Environmental Protection 32 ■ A Class B land use district boundary buffer between the SC or MU District and the 33 adjacent IS District (reduced from Class D, due to the canal) 34 ■ Impervious surfaces to be limited by required setbacks, landscaping, minimum open space 35 and stormwater management 36 ■ Building placement, massing and height to be subject to the bulk regulations (required 37 setbacks, maximum height) of Chapter 130, Article VI. 38 ■ Below flood enclosures to be regulated by Code Chapter 122, floodplain management. 39 ■ A Class A parking landscaping for the current SC District 40 ■ A Class C parking landscaping for the proposed MU District 41 ■ Trash enclosures to be screened. 42 Staff finds the proposed amendment is consistent with Policy Item 1.3.2. 43 44 Policy Item 1.3.3: Monroe County will work with residents and neighborhood organizations to 45 identify properties with code violations and work with owners to bring properties into 46 compliance. File # 2015 -152 Page 8 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 There are no open code violations on the property. Staff finds the proposed amendment is consistent with Policy Item 1.3.3. Policy Item 1.3.4: Monroe County will ensure that residential design guidelines, if enacted, do not create a financial burden on property owners. Not applicable. RECOMMENDATION The staff recommendation is unchanged. Staff recommends APPROVAL of the proposed amendment to the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU) for the property located at 28500 & 28540 Overseas Highway, Little Torch Key, having Real Estate Nos. 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 and 00113620- 000000. Staff has found that the proposed Land Use District map amendment would be consistent with the provisions of Monroe County Land Development Code Section 102- 158(d)(5)(b): Specifically, staff recommends approval of the proposed map amendment based on factors #4 New issues; #5 Recognition of a need for additional detail or comprehensiveness and #6 Data updates. ADDENDUM EXHIBITS 1. Agent Supplement File # 2015 -152 Page 9 of 9 1 � 2 4 f 5 6 MONROE COUNTY, FLORIDA 7 PLANNING COMMISSION RESOLUTION NO. P02 -16 8 9 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION 10 RECOMMENDING DENIAL OF AN ORDINANCE BY THE MONROE 11 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE 12 MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM 13 SUBURBAN COMMERCIAL (SC) TO MIXED USE (MU), FOR PROPERTY 14 LOCATED AT 28500 & 28540 OVERSEAS HIGHWAY, LITTLE TORCH 15 KEY, MILE MARKER 28.5 OCEANSIDE, LEGALLY DESCRIBED AS 16 PARCELS OF LAND IN A PART OF U.S. GOVERNMENT LOT 6, SECTION 17 28, TOWNSHIP 66 SOUTH, RANGE 29 EAST, LITTLE TORCH KEY, 1s MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 19 00113570 - 000000, 00113570 - 000100, 00113570 - 000200, 00113590- 000000 20 AND 00113620- 000000, AS PROPOSED BY PATRICK R. AND DIANE 21 COLEE, DOLPHIN MARINA ASSOCIATES LTD AND TORCH KEY 22 PROPERTIES LTD. 23 24 25 WHEREAS, Donna Bosold & James T. Hendrick, agents for the property owner, 26 submitted an application on August 5, 2015 for a Land Use District (Zoning) Map Amendment 27 from Suburban Commercial (SC) to Mixed Use (MU) for property located at 25500 & 28540 28 Overseas Highway, Little Torch Key, having Real Estate Nos. 00113570- 000000, 00113570- 29 000100, 00113570- 000200, 00113590 - 000000 and 00113620- 000000; and 30 31 WHEREAS, the Monroe County Development Review Committee considered the 32 proposed amendment at a regularly scheduled meeting held on October 27, 2015; and 33 34 WHEREAS, the Monroe County Planning Commission held a public hearing on 35 November 18, 2015, and continued to December 16, 2015, for review and recommendation on 36 the proposed Land Use District (Zoning) map amendment; and 37 38 WHEREAS, the Planning Commission was presented with the following documents and 39 other information relevant to the request, which by reference are hereby incorporated as part of 40 the record of said hearing: 41 42 1. Request for a Land Use District Map Amendment application, received by the 43 Planning & Environmental Resources Department on August 5, 2015 (File #2015- 44 048) and a supplemental memo submitted by the agent for the December 16, 2015 45 hearing; and 46 PC Resolution No. P02-16 File # 2015 -152 Page 1 of 3 Packet Pg. 2883 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 47 48 49 2. Staff report prepared by Kevin Bond, Planning and Development Review Manager, dated November 4, 2015 with exhibits, and an addendum dated December 8, 2015; and 3. Sworn testimony of Monroe County Planning & Environmental Resources Department staff; and 4. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, Planning Commission Counsel; and 5. Sworn testimony of the applicant; and 6. Sworn testimony of members of the public and surrounding property owners; and WHEREAS, based upon the information and documentation submitted, the Planning Commission 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, most of the subject property was within the BU -2 (Medium Business District) and the southeast portion of the property was located within BU -2A (Alcoholic Beverage Business District); and 2. In 1986, the current Land Use District Maps were adopted for all areas of the unincorporated county. The subject parcel is within the Suburban Commercial (SC) Land Use District; and 3. 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; and 4. Section 102 -158 of the Monroe County Land Development Code states that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit an adverse change in community character, analyzed in the Monroe County Comprehensive Plan, but only to make necessary adjustments in light of changed conditions or incorrect assumptions or determinations as determined by the findings of the BOCC; and 5. Code Section 102- 158(d)(5)b. states that the Board of County Commissioners (BOCC) may consider the adoption of an ordinance enacting the proposed Land Use map amendment based on one or more of the following factors: 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 [the Comprehensive Plan]; d. New issues; e. Recognition of a need for additional detail or comprehensiveness; or f. Data updates; and PC Resolution No. P02 -16 File# 2015 -152 Page 2 of 3 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 47 48 6. 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 information and documentation submitted, the Planning Commission makes the following Conclusions of Law: 1. The proposed map amendment is not consistent with the provisions of the Monroe County Code: a. As required by Code Section 102 -158, the proposed map amendment could relieve particular hardships, could confer special privileges or rights on any person, and could permit an adverse change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; b. As required by Code Section 102- 158(d)(5)b., the proposed map amendment does not meet any of the seven required factors; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to recommend denial to the Board of County Commissioners of the proposed amendment to the Land Use District Map of the Monroe County Land Development Code from Suburban Commercial (SC) to Mixed Use (MU) for property located at 28500 & 28540 Overseas Highway, Little Torch Key, Mile Marker 28.5 oceanside, legally described as parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida, having Real Estate Nos. 00113570- 000000, 00113570 - 000100,00113570 - 000200 ,00113590- 000000 and 00113620- 000000. PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, Florida, at a regular meeting held on the 16th day of December, 2015. Chair Werling Vice -Chair Wiatt Commissioner Lustberg Commissioner Miller Commissioner Ramsey - Vickrey PLANNING 90MMISSION OF MONROE COUNTY, FLORIDA By Denise Werling, Chair Signed this d?7 yk day of 2016. YES NO YES YES NO FILED WITH THE JAN 282016 AGENCY CLERK Monroe County Planning Commi ion Attorney ro ed As To Form Date: f' - 7L­?! PC Resolution No. P02 -16 File # 2015 -152 Page 3 of 3 ((Z9b # GILI Buluueld) BuiuoZ asnOH 9 jq 0 N : VZ96 GOueu'PJO:D:DOG 4eJa :;uGwt4 • MOTAROE C01111TY, FLO, ORDINANCE NO. -2016 WHEREAS, Donna Bosold & James T. Hendrick, agents for the property owner, submitted an application ♦ August 5, 2015 for a Land Use District (Zoning) Map Amendment from Suburban Commercial (SC) to Mixed Use (MU) for property located at 28500 & 28540 Overseas Highway, Little Torch Key, having Real Estate Nos. 00113570-000000, 00113570- 000100, 00113570-000200, 00113590-000000 and 00113620-000000; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on October 27, 2015; and WHEREAS, the Monroe County Planning Commission held a public hearing on November 18, 2015, and continued to December 16, 1 review and recommendation on the proposed Land Use District (Zoning) map amendment; and WHEREAS, the Monroe County Planning Commission passed and adopted Resolution No. P02-16 recommending denial of the proposed amendment; and Ordinance No. -2016 File # 2015-152 Land Use District (Zoning) Map Amendment Page 1 of 4 ((Zgb # GILI Buluueld) BuiuoZ asnOH 9 Iq 0 N : VZ96 83 ueuIPJ0:D:D09 4eJa :;u 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 WHEREAS, at a regularly scheduled meeting on 18th day of May 2016, the Monroe County Board of County Commissioners (BOCC) held a public hearing to consider adoption of the proposed Land Use District (Zoning) map amendment; and WHEREAS, based upon the documentation submitted and information provided in the accompanying staff report, the BOCC 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, most of the subject property was within the BU-2 (Medium Business District) and the southeast portion of the property was located within BU-2A (Alcoholic Beverage Business District); and 2. In 1986, the current Land Use District Maps were adopted for all areas of the unincorporated county. The subject parcel is within the Suburban Commercial (SC) Land Use District; and 3. 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; and 4. Section 102-158 of the Monroe County Land Development Code states that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit an adverse change in community character, analyzed in the Monroe County Comprehensive Plan, but only to make necessary adjustments in light of changed conditions or incorrect assumptions or determinations as determined by the findings of the BOCC; and 5. Code Section 102-158(d)(5)b. states that the Board of County Commissioners (BOCC) may consider the adoption of an ordinance enacting the proposed Land Use map amendment based on one or more of the following factors: 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 [the Comprehensive Plan]; d. New issues; e. Recognition of a need for additional detail or comprehensiveness; or f. Data updates; and 6. 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 BOCC makes the following Conclusions of Law: Ordinance No. -2016 File # 2015-152 Land Use District (Zoning) Map Amendment Page 2 of 4 ((Z9b # GILI Buluueld) BuiuoZ asnOH 9 jq 0 N : VZ96 G 4eJa :;uGwt4 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 47 1. The proposed map amendment [is/is not] consistent with the provisions of the Monroe County Code: a. As required by Code Section 102-158, the proposed map amendment could relieve particular hardships, could confer special privileges or rights on any person, and could permit an adverse change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; b. As required by Code Section 102-158(d)(5)b., the proposed map amendment [does/does not] meet [any of the/all] seven required factors; and No 1 0 lots] 0 10 1 RRIJ Lei C 104 tRK11 30 0) 0 1 "to) WK01000 anal Im j I Ili Section 1. The Monroe County Land Use District (Zoning) Map is hereby amended as follows: The property described as parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida, having real estate numbers 00113570-000000, 00113570- 000100, 00113570-000200, 00113590-000000 and 00113620-000000 is amended from Suburban Commercial (SC) to Mixed Use (MU), as shown on Exhibit 1, attached hereto and incorporated herein. Section 2. Severatigly. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 5. 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 appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes. Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The provisions of this Ordinance shall be included and incorporated on to the Official Land Use District Map of Monroe County. Section 7. Effective Date. This ordinance shall become effective as provided by law and stated above. Ordinance No. -2016 File # 2015-152 Land Use District (Zoning) Map Amendment Page 3 of 4 ((Z9I, # GILI Buluueld) BuiuoZ asnOH 9 Iq 0 N : VZ96 83 ueu 1 PJ00009 4eJa :;uGwt4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of 2016. Mayor Heather Carruthers Mayor Pro Tem George Neugent Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy 11 0 M n 0 0 Lei 0 Ly, Lei g I ms at now g V M a go) -,A 1111Y." V-M Mayor Heather Carruthers (SEAL) ATTEST: AMY HEAVILIN, CLERK ri ow zffi*"V 011 Ordinance No. -2016 File # 2015-152 Land Use District (Zoning) Map Amendment MONROE. COUNTY AT10,RN EY APPBIVEDAS TO M: 1. WILL ikMS ASSISTANT W TTORNEY Date 2 Page 4 of 4 Exhibit 1 to Ordinance# -2015 00113570- 000100 OVERSEAS Hwy 00113570 - 000000 00113620- 000000 0011 - 0000 0113570- 000200 D T --I --I m 0 CA T KIDD A E BONNY D J HN SILVER R The Monroe County Land Use Map is amended as indicated above. Proposal: Land Use change of five parcels of land on Little Torch Key having Real Estate Numbers: 00113570 - 000000, 00113570-000100, 00113570 - 000200, 00113590 - 000000, 00113620- 000000 from Suburban Commercial (SC) to N Mixed Use (MU). A