Item O3¢ °E cQ L
County of Monroe ox
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: 0.3
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; ). APPLICANT HAS
WITHDRAWN ITEM.
ITEM BACKGROUND: APPLICANT HAS WITHDRAWN ITEM.
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.
Packet Pg. 2423
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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,
Packet Pg. 2424
Development
Development
Potential under
Potential under
Net C'hanse in
Existing
current zoning
proposed zoning
Development
Development
MC FLUM &
MC FLUAI &
Potential
SC LUD
MIT LUD
Two (2)
3,95 DU
Residential
permanent
11.85 DU
{L4?1acke&At1achedr$szden1za1
-7.9 dwelling
Allocated Density
residential
(Commercial apartments or
dwellings or Commercial
units
Employee housing)
ap artments or Employee
d- ,yelling units
housing}
Residential
37.92 DU
Maximum Net
18.96 DU
(Delachedillllachedresidenlial
+15.96 divelling
Density (w
(Commercial apartments)
dwellings or Commercial
units
transfer TDRs)
apartments)
Residential
+9.45 dwelling
Maximum Net
47.4 DU (affordable)
56.88 DU (affordable)
units
Density
(Employee housing)
(Employee housing)
(affordable
(affordable
housing)
housing)
Transient Allocated
Ten (10)
39.5 rooms./spaces
39.5 rooms./spaces
No change
Density
transient units
Transient Max Net
47.4 spaces
47.4 roams
No change
Density
(hotel)
(hotel)
Nonresidential
5 SF
Maximum Intensity
17 - 68,774 SF
17,194 - 68 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,
Packet Pg. 2424
0.3
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.
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: WITHDRAWN
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:
Packet Pg. 2425
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
Packet Pg. 2426
0.3.a
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.
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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
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Subject Property with Existing Land Use District Map, 2015 Aerial
II BACKGROUND INFORMATION
Site Information:
Location: Little Torch Key, Mile Marker 28.5 Oceanside
Address: 28500 & 28540 Overseas Highway
Description: Part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29
East, Little Torch Key, Monroe County, Florida
Real Estate Numbers: 00113570- 000000, 00113570- 000100, 00113570- 000200,
00113590- 000000,00113620 - 000000
Property Owner /Applicant: Patrick R & Diane Colee c/o Noble House Hotel and
Resort, Dolphin Marina Associates Ltd and Torch Key Properties Ltd
Agent: Donna Bosold & James T. Hendrick
Size of Site: 171,936 square feet / 3.95 acres of upland according to property appraiser
Land Use Map (Zoning) District: Suburban Commercial (SC)
Future Land Use Map (FLUM) Designation: Mixed Use /Commercial (MC)
Tier Designation: III — Infill Area
BOCC Staff Report 5/18/2016
File # 2015 -152 Land Use District (Zoning) Map Amendment
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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
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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
Mixed Use/
I
Residential Allocated Density
Adopted Standards
1 -6 du/acre
Development Potential
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
Existing LUD
I
Ado ted 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
5 6.8 8 DU (affordable)
Density (affordable housing)
(Employee housing)
Transient Allocated Densitv
10 rooms or spaces /acre
39.5 rooms /spaces
BOCC Staff Report 5/18/2016
File # 2015 -152 Land Use District (Zoning) Map Amendment
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Transient Maximum Net Density 15 rooms /acre 47.4 rooms
(w/ transfer TDRs) (hotel)
Nonresidential Maximum 0.1 - 0.4 FAR 17,194 - 68,774 SF
Intensity
Permanent Residential Allocated: -7.9 DU
Net Change in Residential Maximum Net (TDRs): +18.96 DU
Development Residential Maximum Net (affordable): +9.48 DU
Potential Transient Allocated: 0 rooms /spaces
Total Site Transient Maximum Net (TDRs): 0 rooms /spaces
Nonresidential: 0 square feet
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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
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PERMITTED USES
Permitted Land Uses
Existiiig SC District
Proposed MU 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
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BOCC Staff Report 5/18/2016
File # 2015 -152 Land Use District (Zoning) Map Amendment Page 6 of 12
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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. L2)
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.
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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. L2)
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.
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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:
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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.
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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.
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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
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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.
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7. For FL UM 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
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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
July 28, 2015
Donna Bosold
Critical Concern Consultants
317 Whitehead Street
Key West, FL 33040
donna.bosold@att.net
ccckw@hotmail.com
Board of County Commissioners
Mayor Danny L. Kohlage, District 1
Mayor Pro Tem, Heather Carruthers, District 3
George Neugent, District 2
David Rice, District 4
Sylvia J. Murphy, District 5
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)
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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 6/7198, 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 2/21/2008;
(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>
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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
1. 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 1 -10 & 16 -20, Maloney Subdivision (PB1 -55).
6. 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 Sitc. The LDRD included a lawful determination that two
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(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.
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,
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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 UselCommercial 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.
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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.
Accessory 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 facilities 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.
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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.
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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%x.
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.
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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.
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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
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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 not 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
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O3.b:
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 - IS
(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 shall 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 from 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.
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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 andlor 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.
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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 foregoing
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 I for I
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
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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 and/or 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 for any unit
constructed as a result of a transferred ROGO- exemption until all corresponding
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0.3.b
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 setforth 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 for 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 1 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 Palms 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 FLUM 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
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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 395
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
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0.3.b
Pursuant to MCC §130- 160(a)(1), A sender site shall be within one of the following land
use (zoning) districts in subsection a. andlor 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, SaltmarshlButtonwood wetlands, High quality
high hammock, High quality low hammock, Moderate quality high hammock, Moderate
quality low hammock, High quality pinelands, Low quality pinelands, Beachlberm, Palm
Hammock, Cactus Hammock, andlor 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; Colee; Newman - Letter of Understanding (File #2015 -060)
Page 19 of 20
Packet Pg. 2457
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,
0
Mayte Santam ia,
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 (Fite #2015 -060)
Page 20 of 20
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MEMORANDUM - ADDENDUM #1
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Planning Commission
Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources
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
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all
MC FLUM parcels on the Torches SC and MU parcels 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
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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
Baypointf
Saddlebunch
Torches
Ramrod
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 1.5.3
X
X
X
Policy 1.5.2
X
X
X
Policy 1.5.3
X
X
X
File # 2015 -152 Page 5 of 9
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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. 1 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
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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
FLUM Category. As the above maps show, most land within the MC FLUM 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 FLUM
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
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0.3.e
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.
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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
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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,
18 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 28500 & 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
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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
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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:
L 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 YES
Vice -Chair Wiatt NO
Commissioner Lustberg YES
Commissioner Miller YES
Commissioner Ramsey- V'ickrey NO
FILED WITH THE
PLANNING MMISSION OF ONROE COUNTY, FLORIDA
By ..P JAN 2 S 2016
Denise Werling, Chair
Signed this WI yk day of �, 2016.
AGENCY CLERK
Monroe County Planning Commiydon Attorney
V M - 0iA ro ed As To Form
Date: 7 _M
PC Resolution No. P02 -16
File # 2015 -152 Page 3 of 3
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tY
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2016
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.
WHEREAS, Donna Bosold & James T. Hendrick, agents for the property owner,
submitted an application on 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, 2015, for 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
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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
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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
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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. Severability. 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
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of 5 2016.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Heather Carruthers
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Ordinance No. _ -2016
File # 2015 -152 Land Use District (Zoning) Map Amendment
MONR E COUNTY A O NEY =
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Page 4 of 4
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Exhibit 1 to Ordinance# -2015
00113570- 000100
o�ERSEAS Hwy 00113570 - 000000
00113620- 000000
0011 - 0000
0113570- 000200
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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
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