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Item N3BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District 1 „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: N.3 Agenda Item Summary #3207 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 Urban Residential - Mobile Home (URM) to Mixed Use (MU), for property located at 5660 Laurel Avenue, South Stock Island, mile marker 5, legally described as Block 31, Lot 6, Maloney Subdivision (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having Real Estate 400124400.000000; as proposed by Piccolo Key West, LLC; 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. ITEM BACKGROUND: The applicant, Piccolo Key West, LLC, owns a vacant parcel of land at 5660 Laurel Avenue, Stock Island. The subject property currently has a Land Use District (Zoning) designation of Urban Residential Mobile Home (URM) and a FLUM designation of Mixed Use /Commercial (MC). The applicant is requesting a change of the zoning designation to Mixed Use (MU). The subject property's current zoning designation of URM is inconsistent with the site's current adopted FLUM designation of MC. The proposed zoning designation of MU is consistent with the MC FLUM and is also consistent with the existing Mixed Use (MU) and Urban Commercial (UC) zoning designations of the majority of land in the immediate vicinity of the subject property. N.3 - -- -gas L4UP,EL HWE r � I Existing Conditions The proposed zoning amendment would result in a decrease in residential development potential of 0.9 dwelling units, no change in transient residential development potential, and an increase in nonresidential development potential of 2,500 sf. The proposed LUD map amendment is consistent with Action Items 2.1.1 and 2.3.1 of the Stock Island/Key Haven Livable CommuniKeys Plan (LCP), as it continues to recognize the current FLUM category of the subject property, and reevaluates the land use classification of the subject property based on the adopted FLUM for Stock Island and resolves an existing inconsistency. Action Item 2. 1.1 of the LCP states: Initiate and complete a land use classification reevaluation plan for Stock Island. Action Item 2.3.1 of the LCP states: Continue to recognize land use districts and FLUM categories as the regulatory tool used for evaluating individual proposals for compliance with land development standards such as type of use and intensity of use. The proposed zoning amendment is necessary to be consistent with the existing FLUM designation of MC. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. PREVIOUS RELEVANT BOCC ACTION: In 2007, the BOCC adopted Comprehensive Plan Policy 101.19.2(5) which incorporated the Stock Island/Key Haven Livable CommuniKeys Plan (LCP) into the Monroe County Comprehensive Plan. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Ordinance Piccolo Zonning Packet Pg. 1477 Exhibit 1 to Ordinance Staff Report - Piccolo Zoning Exhibit 2 to Staff Report FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A If yes, amount: N/A REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 07/31/2017 10:24 AM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Emily Schemper Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 07/24/2017 5:45 PM Completed 07/31/2017 10:32 AM 07/31/2017 11:22 AM 07/19/2017 3:26 PM 07/19/2017 3:26 PM 07/26/2017 2:32 PM 07/31/2017 2:16 PM 08/01/2017 9:53 AM 08/16/2017 9:00 AM 46 existing FLUM designation of MC; and 47 Ord. No.— -2017 c Pae 1 of 4 I WHEREAS, the Monroe County Development Review Committee considered the 2 proposed amendment at a regularly scheduled meeting held on the 25 I day of April, 2017; and 3 4 WHEREAS, the Applicant field a Community Meeting regarding the proposed 5 amendment, as required by MCC §102 -159, on May 3, 2017; and 6 7 WHEREAS, the Monroe County Planning Commission held a public hearing on the 28` 8 day of June, 2017, for review and recommendation on the proposed amendment, and 9 1.0 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25 -17 11 recommending approval of the proposed Zoning snap amendment; and 12 13 WHEREAS, at a regularly scheduled meeting held on the 16` day of .August, 2017, the 14 Monroe County Board of County Commissioners held a public hearing, considered the staff 15 report, and provided for public comment and public participation in accordance with the 1.6 requirements of state law and the procedures adopted for public participation in the planning 17 process; and 18 19 WHEREAS, based upon the documentation submitted and information provided in the 20 accompanying staff report, the BQCC makes the following Findings of Fact: 21 22 1. Prior to the 1986 adoption of the County's current land development regulations and 23 their associated land use district maps, the subject property was within a BU -2 district 24 (Medium Business); and 25 26 2. In 1992, with the final adoption of the current Zoning map, the subject property was 27 re- designated as Urban Residential- Mobile Home (URM); and with the adoption of 28 the Comprehensive Plan's FLUM in 1997, the subject property was given its current 29 FLUM designation of Mixed Use /Commercial (MC); and 30 31 3. Map amendments to the Monroe County Land Use District Map shall not be 32 inconsistent with the provisions and intent of the Monroe County Comprehensive 33 Plan; and 34 35 4, Monroe County Code (MCC) § 102 -158 states that snap amendments are not intended 36 to relieve particular hardships, nor to confer special privileges or rights on any person, 37 nor to permit an adverse change in community character, analyzed in the Technical 38 Document (data and analysis), but only to make necessary adjustments in light of 39 changed conditions or incorrect assumptions or determinations as determined by the 40 findings of the BOCC; and 41 42 5. MCC §102- 158(d)(7)b, provides that one or more of the following criteria must be 43 met for a map amendment: 44 a. Changed projections (e.g regarding public service needs) from those on which 45 the text or boundary was based; 46 b. Changed assumptions (e.g., regarding demographic trends); 47 c. Data errors, including errors in mapping, vegetative types and natural features 48 described in volume I of the plan; Ord. No.-- 2017 Page 2 of 4 I d. New issues; 2 e. Recognition of a need for additional detail or comprehensiveness; 3 f. Data updates; and 4 5 6. Per MCC §102- 158(d)(7)d., in no event shall an amendment be approved which will 6 result in an adverse change in community character to the sub -area which a proposed 7 amendment affects or to any area in accordance with a Livable CommuniKeys master 8 plan pursuant to findings of the BOCC; and 9 10 7. Map amendments to the Monroe County Land Use District Map shall not be 1 l inconsistent with the Principles for Guiding Development in the Florida Keys Area of 12 Critical State Concern; and 13 14 WHEREAS, based upon the documentation submitted and information provided in the 15 accompanying staff report, the BQCC makes the following Conclusions of Law: 16 17 1. The proposed map amendment is consistent with the provisions of the Monroe 18 County Code: 19 a. As required by MCC §102 -158, the map amendment does not relieve particular 20 hardships, nor confer special privileges or rights on any person, nor permit an 21 adverse change in community character, as analyzed in the Monroe County Year 22 2030 Comprehensive Plan; 23 b. As required by MCC §102- 158(d)(7)b., the map amendment is needed due to new 24 issues and the recognition of a need for additional detail or comprehensiveness; 25 and 26 27 2. The proposed map amendment is consistent with the provisions and intent of the 28 Monroe County Year 2030 Comprehensive Plan: 29 a. The Mixed Use (MU) Land Use (Zoning) District corresponds with the Future 30 Land Use Map designation of Mixed Use /Commercial (MC), and is consistent 31 with the density and intensity standards as set forth in Policy 101.5.25; 32 b. The Mixed Use (MU) Land Use (Zoning) District is consistent with the purpose 33 of the Mixed Use /Commercial (C) Future Land Use Map designation, as set 34 forth in Policy 101.5.6; and 35 36 3. The proposed map amendment is not inconsistent with the Mock Island /Key 1 -Haven 37 Livable CommuniKeys Plan; and 38 39 4. The proposed map amendment is not inconsistent with the Principles for Guiding 40 Development in the Florida Keys Area of Critical State Concern; 41 42 NOW, THEREFORE, BE IT ORDAINED THE BOARD OF COUNTY 43 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 44 45 Section 1. The Monroe County Land Use District (Zoning) reap is hereby amended as 46 follows: 47 Ord. No._- 2017 Page 3 of 4 I The property located at 5660 Laurel Avenue, South Stock Island, Mile Marker 5, 2 legally described as Block 31, Lot 6, Maloney Subdivision (Plat Book 1, page 3 55), Stock. Island, Monroe County, Florida, having real estate number 4 00124400.000000 shall be designated as Mixed Use (MU) as shown on Exhibit 1, 5 attached hereto and incorporated herein. 6 7 Section 2. Severabilrty. If any section, subsection, sentence, clause, item, change, or 8 provision of this ordinance is held invalid, the remainder of this ordinance shall 9 not be affected by such validity. 10 I I Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 12 conflict with this ordinance are hereby repealed to the extent of said conflict. 13 14 Section 4. Trams ittal. This ordinance shall be transmitted to the Florida State Land 15 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 16 17 Section 5. FilinE. This ordinance shall be filed in the Office of the Secretary of the State of 18 Florida but shall not become effective until approved by the Florida State Land 19 planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 20 120 of the Florida Statutes. 21 22 Section 6. Inclusion on the Monroe County Code's Official Land Use DistE ap. The 23 provisions of this Ordinance shall be included and incorporated on to the Official 24 Land Use District Map of Monroe County. 25 26 Section 7. Effective Date. This ordinance shall become effective as provided by law and 27 stated above. 28 29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 30 Florida, at a regular meeting held on the 16' day of August, 2017. 31 32 Mayor George Neugent 33 Mayor Pro Terri David Rice 34 Commissioner Feather Carruthers 35 Commissioner Lanny L. Kolhage 36 Commissioner Sylvia Murphy 37 38 BOARD OF COUNTY COMMISSIONERS 39 OF MONROE COUNT', FLORIDA 40 41 BY 2 Mayor George Neugent 43 (SEAL) 44 b 5 ATTEST: KEVIN MADOI�, CLERK E COIUN P Y 47 48 _�R� DEPUTY CLERK st -F , W i I *ar��K3'1" �� hd`t' OF��lY Date Ord. No.-- 2017 Page 4 of 4 Packet Exhibit 1 to Ordinance# -2017 0 O VERS EAS O \JERS ��J 00124400-000000 L AU REL AVE �u �� o C CORAL WAY CY) MACDON V LE 1ST AVE F11 1 The Monroe County Land Use District Map is amended as indicated above. Proposal: Land Use District change of one parcel of land on South Stock Island having Real Estate Number 001 24400-000000 from Urban Residential - Mobile Home (URM) to Mixed Use (MU). N A N.3:c MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Mayte Santamaria, Assistant Director, Planning and Environmental Resources From: Emily Schemper, AICP, Comprehensive Planning Manager, and Martine Vray, Principal Planner Date: July 20, 2017 Subject: REQUEST BY PICCOLO KEY WEST, LLC TO AMEND THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL- MOBILE HOME (URM) TO MIXED USE (MU), FOR PROPERTY LOCATED AT 5660 LAUREL AVENUE, SOUTH STOCK ISLAND, HAVING REAL ESTATE NUMBER 00124400.000000 (File #2017 -033). Meeting: August 16, 2017 I. REQUEST On March 24, 2017, Piccolo Key West, LLC submitted a complete application requesting to amend the Land Use District (Zoning) map of the Monroe County Land Development Code (LDC) from Urban Residential Mobile Home (URM) to Mixed Use (MU) for property located at 5660 Laurel Avenue, Stock Island, having real estate number 00124400.000000. File # 2017 -033 Page 1 of 9 Packet Pg. 1484 II. BACKGROUND INFORMATION Site Information Location: Stock Island Address: 5660 Laurel Avenue Legal Description: Block 31, Lot 6, Maloney Subdivision (Plat Book 1, Page 55), Stock Island, Monroe County, Florida Real Estate Number: 00124400.000000 Owner /Applicant: Piccolo Key West, LLC (Barry Barroso) Size of Site: 6,250 SF (0.14 acres) Land Use District (Zoning): Urban Residential Mobile Home (URM) FLUM Designation: Mixed Use /Commercial (MC) Tier Designation: Tier 3 Flood Zones: AE (EL 9) MIAL• Property is within the MIAI boundary, but is not within the 65+ DNL noise zone Existing Use: Vacant Existing Vegetation /Habitat: Scarified Community Character of Immediate Vicinity: Adjacent land on all sides has a FLUM designation of MC. Surrounding uses include light industrial marine and auto repair services, commercial retail, an animal hospital, and mobile home residential uses. The subject property currently has a FLUM designation of Mixed Use /Commercial (MC) and a Land Use District (Zoning) designation of Urban Residential Mobile Home (URM). The property was within a BU -2 (Medium Business) district prior to September 15, 1986 when it was re- designated as Urban Residential - Mobile Home (URM) (the final adoption of the Zoning map was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997, the subject parcel was given its current FLUM designation of MC. The subject property is currently vacant. The subject property's current Zoning designation of URM is inconsistent with the site's current adopted FLUM designation of MC. The proposed Zoning designation of MU is consistent with the MC FLUM and is also consistent with the existing MU and Urban Commercial (UC) Zoning designations of the majority of land in the immediate vicinity of the subject property. The proposed Zoning amendment is therefore necessary to be consistent with the existing FLUM designation of MC. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. Livable CommuniKeys Plan Comprehensive Plan Policy 101.19.1 states, "Monroe County shall develop, maintain, and update periodically, as appropriate, with public input, the Livable CommuniKeys Community Master Plans." These "CommuniKeys Plans" implement a vision that was developed by the local community. In 2007, the BOCC adopted Policy 101.19.2(5) which incorporated the Stock Island /Key Haven Livable CommuniKeys Plan (LCP) into the Monroe County Comprehensive Plan. Goal Two of the File # 2017 -033 Page 2 of 9 LCP is to "Direct future residential and commercial activities to areas most suitable in the Planning Area." The analysis of needs for this goal includes the following: The Future Land Use Map serves as a guide for future land utilization and compliance of land uses with the policies set forth in the Comprehensive Plan. There are instances on Stock Island and Key Haven where the land use zoning district and /or the FL UM does not correspond with current land use. This results in nonconforming uses and structures. On a site -by -site basis, nonconformities create difficulties in reconciling appropriate redevelopment proposals in the context of current land use zoning district and the FL UM. The MU zoning, which allows for both commercial and residential uses, does not adequately inherently protect commercially utilized land from being converted to residential use. Similarly, the MU zoning does not adequately protect residentially utilized land from being converted to commercial use. There is a community -wide need to he sure there is enough appropriately zoned land to accommodate future growth and redevelopment for residential and commercial utilization. Action Item 2. 1.1 of the LCP states: Initiate and complete a land use classification reevaluation plan for Stock Island. Action Item 2.3.1 of the LCP states: Continue to recognize land use districts and FLUM categories as the regulatory tool used for evaluating individual proposals for compliance with land development standards such as type of use and intensity of use. The proposed LUD map amendment is consistent with Action Items 2. 1.1 and 2.3.1, as it continues to recognize the current FLUM category of the subject property, and reevaluates the land use classification of the subject property based on the adopted FLUM for Stock Island and resolves an existing inconsistency. On April 25, 2017, at a regularly scheduled meeting, the Monroe County Development Review Committee considered the proposed amendment and provided for public comment. Per §102 -159 of the LDC, the Applicant is required to provide for public participation by holding a Community Meeting. The Applicant hosted a noticed community meeting on May 3, 2017 at 5:30 pm at a clubhouse near the property. At its regularly scheduled meeting on June 28, 2017, the Monroe County Planning Commission (PC) held a public hearing to review and consider the proposed Zoning amendment, and recommended approval, as memorialized by PC Resolution 4P25 -17 (Exhibit 1). File # 2017 -033 Page 3 of 9 III. AMENDMENT REVIEW Maximum Allocated Density and Intensity by Land Use District (Zoning) The table on the following page provides an approximation of the development potential for residential, transient and commercial development. Section 130- 156(b) of the Land Development Code states: "The density and intensity provisions set out in this section are intended to be applied cumulatively so that no development shall exceed the total density limits of this article. For example, if a development includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development." Existing Zoning Type Adopted Development Standards Potential Urban Residential Mobile Residential Allocated Density /Acre 1 du /lot 1 du Home (URM) Transient 10 rooms /spaces 1.4 rooms /spaces 0.14 acres Allocated Density /Acre /acre (6,250 sf) Nonresidential 1 platted lot Maximum Intensity 0 FAR 0 sf Proposed Zoning Type Adopted Development Standards Potential Residential 1 du /acre 0.1 du Mixed Use (MU) Allocated Density /Acre Transient 10 rooms /spaces 1.4 rooms /spaces 0.14 acres Allocated Density /Acre /acre (6,250 sf) Nonresidential Maximum Intensity 0.40 FAR 2 500 sf Residential: -0.9 du Net Change in Development Transient: no change Potential Based on Zoning Nonresidential: +2,500 sf As shown in the table above, the proposed zoning amendment would result in a decrease in residential development potential of 0.9 dwelling units, no change in transient residential development potential, and an increase in nonresidential development potential of 2,500 sf. Compatibility with the Surrounding Area a. Existing Vegetation /Habitat: Scarified b. Existing Tier Designation: Tier 3 File # 2017 -033 Page 4 of 9 N.3.c c. Endangered Species Habitat: zero species focus areas or buffers d. Existing Use: Vacant Land e. Community Character of Immediate Vicinity: Surrounding uses include light industrial marine and auto repair services, commercial retail, an animal hospital, and mobile home residential uses. irr 11 II �I� rrrr�z�; ■11'.1 r nr►�♦ .111 The proposed change in zoning designation is consistent with Mixed Use /Commercial Future Land Use Map designation of the property and surrounding properties, as well as with the character of surrounding commercial, light industrial, and high density residential uses. Concurrency Analysis (Comprehensive Plan Policy 101.1.1) Traffic Circulation (Comprehensive Plan Policy 301.1.1) The subject property is located on Stock Island with nearest access to US1 via 3rd Street at approximate mile marker 5. The 2015 US 1 Arterial Travel Time and Delay Study for Monroe County indicates levels of serve (LOS) of "B" for Segment 1 (Stock Island, mm 4.0 -5.0), with 1,986 reserve trips. U. S 1 is required to maintain a LOS of "C" in order to support development. The proposed zoning amendment would result in a decrease of 0.9 dwelling units in permanent residential development potential, no change in transient residential development potential and an increase in nonresidential development potential of 2,500 sf. At the time of any development approval on the site, traffic concurrency will be reviewed and must maintain a LOS of "C" on Segment 1 of USl. The proposed zoning amendment is not anticipated to adversely impact the Traffic Circulation LOS. Potable Water (Comprehensive Plan Policy 701.1.1) FKAA's Water Treatment Facility in Florida City has a maximum water treatment design capacity of 29.8 million gallons per day (MGD). This consists of 23.8 MGD from the Biscayne Aquifer through the primary conventional water treatment process and 6 MGD from the brackish Floridian File # 2017 -033 Page 5 of 9 Packet Pg. 1488 Aquifer through the secondary Reverse Osmosis (RO) treatment plant. There are also two saltwater RO plants, located on Stock Island and Marathon, which are able to produce potable water under emergency conditions. These emergency RO desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The 2017 projection for annual average daily demand is 17.99 MGD which is well below FKAA's Water Use Permit amount of 23.98 MGD. Per Policy 701.1.1, the adopted LOS for potable water in Monroe County is 100 gal /capita/day. The proposed zoning amendment would result in a decrease of 0.9 dwelling units in permanent residential development potential, and therefore is not anticipated to adversely impact the Potable Water LOS. Solid Waste (Comprehensive Plan Policy 801.1.11 Monroe County has a contract with Waste Management through September 30, 2024. The contract authorizes the use of in -state facilities through September 30, 2024, thereby providing the County with over seven years of guaranteed capacity for the haul out and disposal of 95,000 tons /year of solid waste not including yard waste. The proposed zoning amendment would result in a decrease of 0.9 dwelling units in permanent residential development potential, and therefore no additional solid waste demand. Solid waste for nonresidential development is handled by private contract. Therefore, the proposed zoning amendment is not anticipated to adversely impact the Solid Waste LOS. Sanitary Sewer (Comprehensive Plan Policy 901.1.1 The property currently has a connection to the Key West Resort Utilities sewer system. Per Policy 901.1.1, the adopted capacity LOS for sanitary sewer in Monroe County is 167 gpd /EDU. The proposed zoning amendment would result in a decrease of 0.9 dwelling units in permanent residential development potential, and therefore no additional sanitary sewer demand. Therefore, the proposed amendment is not anticipated to adversely impact the Sanitary Sewer LOS. IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN AND THE MONROE COUNTY LAND DEVELOPMENT CODE A. The proposed amendment is consistent with the following Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. Specifically, it furthers: Goal 101 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101.1 Monroe County shall ensure that all development and redevelopment taking place within its boundaries does not result in a reduction of the level -of- service requirements established and adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include an analysis of the availability of facilities and services or demonstrate that the adopted levels of service can be reasonably met. File # 2017 -033 Page 6 of 9 Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.5.6 The principal purpose of the Mixed Use /Commercial (MC) future land use category is to provide for the establishment of mixed use 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 future land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and nonresidential 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 preservation and enhancement of community character and recreational and commercial working waterfronts. Objective 101.8 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an important part of the community character and the County desires to maintain such character and protect these lawfully established, nonconforming uses and allow them to be repaired or replaced. GOAL 102 Monroe County shall direct future growth to lands which are most suitable for development and shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and tropical hardwood hammock). Stock Island /Key Haven Livable CommuniKeys Master Plan Action Item 2.1.1 Initiate and complete a land use classification reevaluation plan for Stock Island. Action Item 2.3.1 Continue to recognize land use districts and FLUM categories as the regulatory tool used for evaluating individual proposals for compliance with land development standards such as type of use and intensity of use. File # 2017 -033 Page 7 of 9 B. The proposed amendment is consistent with the provisions and intent of the Monroe County Land Development Code. In accordance with MCC §102- 158(d)(7)b., the 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; N/A 2. Changed assumptions (e.g., regarding demographic trends); N/A 3. Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; N/A 4. New issues; The site's current FLUM designation of MC was adopted after the site's current Zoning designation of URM. The URM Zoning district is not consistent with the MC FLUM. The proposed Zoning map amendment is necessary to be consistent with the adopted FLUM designation on the site. Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. 5. Recognition of a need for additional detail or comprehensiveness; or The subject property's current Zoning designation of URM is inconsistent with the site's current adopted FLUM designation of MC. The proposed Zoning designation of MU is consistent with the MC FLUM and is also consistent with the existing MU and UC Zoning designations of the majority of land in the immediate vicinity of the subject property. The proposed Zoning amendment is therefore necessary to be consistent with the existing FLUM designation of MC. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. 6. Data updates; N/A In accordance with MCC §102- 158(d)(7)d., in no event shall an amendment be approved which will result in an adverse community change to the planning area in which the proposed development is located or to any area in accordance with a livable communikeys master plan pursuant to findings of the board of county commissioners. The subject property is adjacent to commercial, light industrial, and high density residential uses, and currently has a Future Land Use Map designation of Mixed Use /Commercial. It is File # 2017 -033 Page 8 of 9 anticipated that the proposed Zoning map amendment for the site will not result in an adverse community change to the surrounding area. The proposed Zoning map amendment is also consistent with Action Items 2. 1.1 and 2.3.1 of the Stock Island /Key Haven Livable CommuniKeys Plan, as it continues to recognize the current FLUM category of the subject property, and reevaluates the land use classification of the subject property based on the adopted FLUM for Stock Island and resolves an existing inconsistency. V. STAFF RECOMMENDATION Staff recommends approval of the proposed amendment to the Land Use District (Zoning) map of the Monroe County Land Development Code (LDC) from Urban Residential - Mobile Home (URM) to Mixed Use (MU) for property located at 5660 Laurel Avenue, South Stock Island, having real estate number 00124400.000000. VI. EXHIBITS 1. Planning Commission Resolution P25 -17. 2. Proposed Zoning Map Amendment. File # 2017 -033 Page 9 of 9 J U W O L L AD = Purport District; CD =Conservation District; CFA= Commercial Fishing Area; CFSD =Commercial Fishing Special District; DR= Destination Resort; I= Industrial; IS= Improved Subdivision; MF =Military Facilities; MI = Maritime Industries; MN =Mainland Native Area; MU =Mixed Use; NA= Native Area; I Land Use Designations: OS = Offshore Island: PR = Park and Refuge; RV = Recreational Vehicle; SC = Suburban Commercial; SR = Suburban Residential; SS = Sparsely Settled; UC = Urban Commercial; UR = Urban Residential; URM = Urban Residential Mobile Home INC Future Land Use 111 1 m Planning & Environmental Resources r ar We strive to be caring, professional, and fair. The Monroe County Land Use District is proposed to be amended as indicated above and briefly described as Key: Stock Island Mile Marker: s Map Amendment # Acreage: 0.14 Land Use District Map #: sus Ordinance No.: Date of Adoption: _ Proposal: LandUseenan 0f land m S-klsland nsvmg Real Estsi Number 00124400000000 nom Urban Resldenea6 Mobile Home (URM) to Mixed Use (RU). Property Description: F- .e FLU^ ® o - me.a.._ �..__._.... _. RE Number.; 00124400 000000 ®.a �-- -...._ o .__...... Q �_....._„ o rbs._...._ o ......_._....._ Tier Designation i MUM Number of Protec PacketPg.1493 Habitat Type