Item P054
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: P.5
Agenda Item Summary #1502
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00 PM Pubilc Hearing
AGENDA ITEM WORDING:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE
MAP FROM RESIDENTIAL LOW (RL) TO COMMERCIAL (COMM), FOR PROPERTY
LOCATED AT 95710 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
MARKER 96, DESCRIBED AS A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3,
SECTION 12, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00088350.000000, AS PROPOSED BY
MICRAN, INC.; 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 INCLUSION IN
THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE.
ITEM BACKGROUND:
The applicant, Micran, Inc., operates a restaurant at 95710 Overseas
Future Land Use Map (FLUM) designation of Residential Low (RL) and a Land Use District (LUD)
designation of Suburban Residential (SR). The current use in its present configuration is
nonconforming to the provisions of the current Comprehensive Plan. The applicant is requesting a
change to the FLUM designation in order to eliminate the nonconformity.
The proposed FLUM amendment would result in a decrease in potential residential density (-0.14
units) and an increase in potential nonresidential intensity (+3,125 SF). Pursuant to Policy 101.4.20
(discouragement policy) of the Comprehensive Plan, the applicant would be responsible for
mitigation for an increase in nonresidential intensity. On January 14, 2015, the BOCC transmitted to
the State the proposed 2030 Comprehensive Plan, including changes to Policy 101.4.20 which
eliminate the requirement for mitigation for increases in nonresidential intensity. The County has
received the Objections, Recommendations and Comments (ORC) Report from the State (DEO)
regarding this amendment and there were no objections to Policy 101.4.20. The BOCC held the first
of two adoption hearings for the 2030 Comprehensive Plan on March 1, 2016. No further changes
4EGOIX4K
4
were proposed to Policy 101.4.20. As of the date of this memo, the second adoption hearing is
scheduled for April 13, 2016. If the amendment is adopted and becomes effective, the proposed
FLUM amendment would not be subject to mitigation.
On September 16, 2015, the BOCC transmitted to the State the proposed FLUM amendment. On
no objections to the
proposed FLUM amendment. The BOCC has until July 3, 2016 (180 days from receipt of the ORC)
to adopt the amendment, adopt the amendment with changes or not adopt the amendment.
PREVIOUS RELEVANT BOCC ACTION
: Monroe County Resolution #127-2012, adopted by
the BOCC on April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations
that would eliminate the nonconforming use created with the adoption of the existing designations
and not create an adverse effect on the community, provided the existing use existed lawfully in
1992 and 1997.
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy
101.4.20 discouraging private applications for future land use changes which increase allowable
density/intensity. This amendment was found in-compliance by the State Land Planning Agency and
On January 14, 2015, the Monroe County BOCC adopted Resolution 026-2015, transmitting to the
State Land Planning Agency amendments to the Monroe County Comprehensive Plan including
changes to Policy 101.4.20 which eliminate the requirement for mitigation for increases in
nonresidential intensity. The County has received the ORC report from DEO regarding this
amendment and there were no objections to Policy 101.4.20.
On September 16, 2015, the BOCC held a public hearing and adopted Resolution 254-2015,
transmitting to the State Land Planning Agency an ordinance to amend the subjec
Land Use Map designation from Residential Low (RL) to Commercial (COMM).
On March 1, 2016, the BOCC held the first of two adoption hearings for the 2030 Comprehensive
Plan, and proposed no further changes to Policy 101.4.20. The second adoption hearing is scheduled
for April 13, 2016.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Ordinance - Micran Harriette's FLUM_BOCC Adoption
Staff Report - Micran Harriettes FLUM_BOCC Adoption
FINANCIAL IMPACT:
4EGOIX4K
4
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted:N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant:N/A
County MatchN/A
:
Insurance Required:N/A
Additional Details: N/A
STAFF RECOMMENDATION:
Approval
REVIEWED BY:
Mayte Santamaria Skipped 03/29/2016 11:46 AM
Steve Williams Skipped 03/29/2016 11:46 AM
Budget and Finance Skipped 03/28/2016 12:32 PM
Maria Slavik Completed 04/12/2016 1:41 PM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:31 AM
Emily Schemper Skipped 03/29/2016 11:46 AM
Mayte Santamaria Skipped 03/29/2016 11:46 AM
Kathy Peters Skipped 03/29/2016 11:46 AM
Mayte Santamaria Completed 03/31/2016 5:01 PM
Steve Williams Completed 04/05/2016 9:58 AM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:08 AM
Emily Schemper Completed 04/05/2016 10:38 AM
Mayte Santamaria Completed 04/05/2016 11:35 AM
Kathy Peters Completed 04/05/2016 4:42 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
4EGOIX4K
4E
1
2
3
4
5
6
MONROE COUNTY, FLORIDA
7
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
ORDINANCE NO. ____ - 2016
9
10
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11
COUNTY COMMISSIONERS AMENDING THE MONROE
12
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
13
(RL) TO COMMERCIAL (COMM), FOR PROPERTY LOCATED
14
AT 95710 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE
15
MILE MARKER 96, DESCRIBED AS A PARCEL OF LAND
16
LOCATED IN GOVERNMENT LOT 3, SECTION 12, TOWNSHIP
17
62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE COUNTY,
18
FLORIDA, HAVING REAL ESTATE NUMBER 00088350.000000,
19
AS PROPOSED BY MICRAN, INC.; PROVIDING FOR
20
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
21
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
22
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
23
STATE; PROVIDING FOR INCLUSION IN THE MONROE
24
COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
25
TO THE FUTURE LAND USE MAP; PROVIDING FOR AN
26
EFFECTIVE DATE.
27
28
29
WHEREAS,
30 on July 25, 2013, Micran, Inc. submitted an application requesting to amend the
31 Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential Low
32 (RL) to Commercial (COMM); and
33
WHEREAS,
34 the subject property is located at 95710 Overseas Highway, Key Largo,
35 approximate mile marker 96, and is described as a parcel of land located in government lot 3,
36 Section 12, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real
37 estate number 00088350.000000; and
38
WHEREAS,
39 Micran, Inc. operates a at the
40 subject property with a current FLUM designation of RL, which does not allow a commercial
Ord. No. ____-2016
Page 1 of 4
4EGOIX4K
4E
1 retail building in the current configuration, and the current use is therefore considered
2 nonconforming to the provisions of the current Comprehensive Plan; and
3
WHEREAS,
4 Micran, Inc. is requesting a change to the FLUM designation in order to
5 eliminate the nonconformity for the existing commercial retail use; and
6
th
WHEREAS,
7 at a regularly scheduled meeting held on the 17 day of December, 2013, the
8 Monroe County Development Review Committee considered the proposed amendment and
9 recommended approval, memorialized by Resolution DRC 08-13; and
10
th
WHEREAS
11 , at a regularly scheduled meeting held on the 25 day of June, 2014, the Monroe
12 County Planning Commission held a public hearing for the purpose of considering the proposed
13 Future Land Use Map amendment; and
14
WHEREAS,
15 the Monroe County Planning Commission made the following findings of fact
16 and conclusions of law:
17
18 1.The proposed FLUM is not anticipated to adversely impact the community character
19 of the surrounding area; and
20 2.The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
21 adopted Level of Service; and
22 3.The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2010 Comprehensive Plan, contingent upon the adoption and
24 effectiveness of the BOCC directed amendment to Policy 101.4.20; and
25 4.The proposed amendment is consistent with the Key Largo Community Master Plan;
26 and
27 5.The proposed amendment is consistent with the Principles for Guiding Development
28 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
29 Statute; and
30 6.The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
31 and
WHEREAS,
32 the Monroe County Planning Commission passed Resolution No. P22-14,
33 recommending to the Monroe County Board of County Commissioners approval of the proposed
34 amendment contingent upon the adoption and effectiveness of the BOCC directed amendment to
35 Policy 101.4.20; and
36
th
WHEREAS,
37 at a regularly scheduled meeting held on the 16 day of September, 2015, the
38 Monroe County Board of County Commissioners held a public hearing, considered the staff
Ord. No. ____-2016
Page 2 of 4
4EGOIX4K
4E
1 report, and provided for public comment and public participation in accordance with the
2 requirements of state law and the procedures adopted for public participation in the planning
3 process, and approved Resolution No. 254-2015 to transmit to the State Land Planning Agency
4 an ordinance to amend the subject
5 designation from Residential Low (RL) to Commercial
6 (COMM); and
7
WHEREAS,
8 on January 5, 2016, the County received the
9 Objections, Recommendations, and Comments (ORC) report, which included no objections or
10 comments on the proposed FLUM amendment;
11
WHEREAS,
12 the Monroe County Board of County Commissioners makes the following
13 Conclusions of Law:
14 1.The ordinance is consistent with the Principles for Guiding Development in the
15 Florida Keys Area of Critical State Concern;
16 2.The ordinance is consistent with the provisions and intent of the Monroe County
17 Comprehensive Plan, contingent upon the adoption and effectiveness of the
18 amendment to Policy 101.4.20; and
19 3.The ordinance is consistent with the provisions and intent of the Monroe County
20 Code; and
21
WHEREAS,
22 on April 13, 2016, the Monroe County Board of County Commissioners held a
23 public hearing and adopted the Monroe County Year 2030 Comprehensive Plan, including the
24 aforementioned amendment to Policy 101.4.20;
25
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
27
28
Section 1.
29 The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
30 amended as follows:
31
32 The Future Land Use Map designation for the property described as a parcel of land
33 located in government lot 3, Section 12, Township 62 South, Range 38 East, Key
34 Largo, Monroe County, Florida, having real estate number 00088350.000000 is
35 changed from Residential Low (RL) to Commercial (COMM), as shown on
36 Exhibit 1, attached hereto and incorporated herein.
37
Section 2. Severability.
38 If any section, subsection, sentence, clause, item, change, or provision
39 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
40 validity.
Ord. No. ____-2016
Page 3 of 4
4EGOIX4K
4E
Section 3. Repeal of Inconsistent Provisions.
1 All ordinances or parts of ordinances in conflict
2 with this ordinance are hereby repealed to the extent of said conflict.
3
Section 4. Transmittal.
4 This ordinance shall be transmitted by the Director of Planning to the
5 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
6
Section 5. Filing and Effective Date.
7 This ordinance shall be filed in the Office of the
8 Secretary of the State of Florida but shall not become effective until a notice is issued by the
9 State Land Planning Agency or Administration Commission finding the amendment in
10 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, Florida
11 Statutes.
12
Section 6.Inclusion in the Comprehensive Plan.
13 The foregoing amendment shall be
14 incorporated in the Monroe County Year 2030 Comprehensive Plan and included on the Future
15 Land Use Map.
16
PASSED AND ADOPTED
17 by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on the _____ day of __________, 2016.
19
20
21 Mayor Heather Carruthers ____
22 Mayor Pro Tem George Neugent ____
23 Commissioner Danny Kolhage ____
24 Commissioner David Rice ____
25 Commissioner Sylvia Murphy ____
26
27
28
Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
29
OF MONROE COUNTY, FLORIDA
30
31
By: ______________________________ By: ________________________________
32
Deputy Clerk Mayor Heather Carruthers
33
34
(SEAL)
Ord. No. ____-2016
Page 4 of 4
4EGOIX4K
4E
Exhibit 1 to Ordinance# -201
00088350-000000
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of one parcel of land in Key Largo
¯
having Real Estate Number: 00088350-000000 from Residential Low (RL) to Commercial (COMM).
4EGOIX4K
4F
MEMORANDUM
MCP&ERD
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
;IWXVMZIXSFIGEVMRKTVSJIWWMSREPERHJEMV
To: Monroe County Board of County Commissioners
Through: Mayté Santamaria, Senior Director of Planning & Environmental Resources
From: Emily Schemper, Comprehensive Planning Manager
Date: March 28, 2016
Subject:
Request by Micran, Inc. to amend the Future Land Use Map of the Monroe County
Comprehensive Plan from Residential Low (RL) to Commercial (COMM) for
property located at 95710 Overseas Highway in Key Largo, having real estate
number 00088350.000000.
Meeting:
April 20, 2016
I.REQUEST
On July 25, 2013, Micran, Inc. submitted an application requesting an amendment to the
Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential
Low (RL) to Commercial (COMM) for property located at 95710 Overseas Highway in Key
Largo (having real estate number 00088350.000000), commonly known as
Existing FLUM Proposed FLUM
1 of 11
File #2013-093
4EGOIX4K
4F
II.BACKGROUND INFORMATION
A.Site Information
1.Size of Site: 12,500 SF (0.29 acres) per survey
2.Land Use District: SR
3.FLUM Designation: RL
4.Tier Designation: III
5.Flood Zone: AE-9 and X
6.Existing Use: Commercial Retail
7.Existing Vegetation/Habitat: Scarified/Developed land
8.Community Character of Immediate Vicinity: Mix of residential, vacant land, and
hotel.
Micran, Inc. currently operates a 95710
Overseas Highway in Key Largo. The subject property currently has a Future Land Use Map
(FLUM) designation of Residential Low (RL). The property currently has a Land Use District
(LUD) designation of Suburban Residential (SR).
Historically, the parcel having RE#00088350.000000 was within a BU-1 (Light Business)
zoning district. Restaurants were a permitted use in BU-1 districts. In 1986, the property was
1997, the subject parcel was given its current FLUM designation of RL.
Monroe County Code (MCC) currently considers restaurant uses to be commercial retail uses.
Policy 101.4.2 of the Comprehensive Plan, which describes permitted uses in the RL FLUM
category, does not state that commercial retail uses are allowed. Additionally, the current
MCC land development regulations pertaining to permitted uses within the SR district do not
allow a commercial retail building in the current configuration of the building on the subject
property. Therefore, the existing commercial retail use is nonconforming to the provisions of
the current Comprehensive Plan and land development regulations. The applicant is requesting
amendments to both the FLUM and LUD designations in order to eliminate the
nonconformity. 8LIWYFNIGXSJXLMWWXEJJVITSVXMWXLIVIUYIWXIH*091EQIRHQIRX
B.Lawful Nonconformity
April
15, 2015 by Resolution #118-2015) includes a special provision for properties with certain
nonconforming uses. The BOCC first adopted this provision as an amendment to the fee
schedule on April 18, 2012 by Resolution #127-2012. This resolution amended the Planning
& Environmental Resourc
owners applying for a LUD map and/or FLUM amendment that eliminates a lawfully
established nonconforming use created with the final adoption of the LUD map and/or FLUM,
and which does not create an adverse effect on the community. To be exempt from the FLUM
amendment application fee, the property owner must provide satisfactory evidence that the
existing use on the site also existed lawfully in 1997 and was deemed nonconforming by final
adoption of the FLUM.
A Letter of Understanding (LOU) concerning the property was issued by the Planning
Department (staff) on March 20, 2009; an addendum to the LOU was issued on April 30,
2 of 11
File #2013-093
4EGOIX4K
4F
2009; and a second addendum to the LOU was issued on September 5, 2012 (See Exhibit 1).
As detailed in the LOU and its addendums, staff determined that the existing 1,707 SF
restaurant on the site is a lawful nonconforming commercial retail use and existed on the site
prior to 1986. Staff also determined that the existing use existed lawfully in 1997 and was
deemed nonconforming the final adoption of the FLUM. Although the applicant did not
propose a new FLUM category at the time of the LOU, staff determined that, if the applicant
requests a FLUM designation that permits commercial retail use, the request would qualify for
designation of the property to COMM would permit commercial retail use, and therefore, the
request qualifies for the fee exemption.
C.Livable CommuniKeys Plan
Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of
Community Master Plans
developed by the local community.
In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
CommuniKeys Master Plan into the Monroe County 2010 Comprehensive Plan. Action Item
1.3.2 within the Key Largo Livable CommuniKeys Master Plan states: Revise the FLUM and
Land Use District Maps to resolve non-conformities in the planning area where appropriate.
The proposed FLUM amendment and associated LUD map amendment implement this Action
Item of the adopted Key Largo Livable CommuniKeys Master Plan.
D.Public Hearings
At its regularly scheduled meeting on December 17, 2013, the Monroe County Development
Review Committee (DRC) reviewed and discussed the proposed FLUM amendment and
recommended approval, memorialized as Resolution DRC08-13.
On the June 25, 2014, the Monroe County Planning Commission held a public hearing for the
purpose of considering the proposed Future Land Use Map amendment and passed Resolution
No. P22-14 (Exhibit 2), recommending to the Monroe County Board of County
Commissioners approval of the proposed amendment.
On September 16, 2015, at a regularly scheduled meeting, the Monroe County Board of
County Commissioners held a public hearing, considered the staff report, and provided for
public comment and public participation in accordance with the requirements of state law and
the procedures adopted for public participation in the planning process. The BOCC adopted
Resolution No. 254-2015 to transmit to the State Land Planning Agency (the Department of
Land Use Map designation from Residential Low (RL) to Commercial (COMM).
On January 5, 2016, the County received DEO Objections, Recommendations, and
Comments (ORC) report (Exhibit 3), which included no objections or comments regarding the
proposed FLUM amendment. The BOCC has until July 3, 2016 (180 days from receipt of the
ORC) to adopt the amendment, adopt the amendment with changes or not adopt the
amendment.
3 of 11
File #2013-093
4EGOIX4K
4F
III.ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATIBILITY;
CONCURRENCY ANALYSIS; ETC.
A.Maximum Allocated Density and Intensity by Future Land Use Map Designation
The table on the following page provides an approximation of the development potential for
residential, transient, and nonresidential development. Section 130-156(b) of the Land
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
As shown in the table, the proposed FLUM amendment would result in a decrease in
residential development potential of 0.14 dwelling units. The maximum increase in
nonresidential development potential would be 3,125 square feet.
Adopted
Existing FLUMTypeDevelopment Potential
Standards
Residential0.25 - 0.50 du
0.07 - 0.14 units
Allocated Density/acre
Residential Low (RL)
Transient0 rooms/spaces
0 rooms/spaces
Allocated Density/acre
Gross Area:
12,500 SF (0.287 acres)
Nonresidential
0.20 - 0.25 FAR2,500 - 3,125 sf
Maximum Intensity
Adopted
Proposed FLUMTypeDevelopment Potential
Standards
Residential
N/AN/A
Allocated Density
Commercial (COMM)
Transient
N/AN/A
Allocated Density
Gross Area:
12,500 SF (0.287 acres)
Nonresidential
0.50 FAR6,250 sf
Maximum Intensity
Residential: -0.14 du
Net Change in Development Potential
Transient: 0 rooms/spaces
based on FLUM
Nonresidential: +3,125 sf
B.Compliance with Comprehensive Plan Policy 101.4.20
Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the
Board of County Commissioners (BOCC) on September 21, 2012, with an effective date of
November 20, 2012. Pursuant to Policy 101.4.20, any private application requesting a FLUM
amendment after the effective date which proposes an increase in allocated density and/or
intensity is required to donate land to offset the proposed increase.
The propos FLUM designation from RL to
COMM would result in a decrease in potential residential density by 0.14 dwelling units, but
an increase in potential nonresidential intensity by 3,125 square feet. Policy 101.4.20 requires
Option 1 mitigation for the proposed FLUM amendment would require the donation of 0.57
4 of 11
File #2013-093
4EGOIX4K
4F
acres of land which contains non-scarified native upland habitat and/or undisturbed wetland
habitat to Monroe County for conservation.
is not in a position to mitigate for the proposed increase in intensity.
Additionally, the BOCC has directed staff to develop strategies to reduce residential density
and address nonconformities. The BOCC adopted a policy creating the FLUM category
COMM, amended the Nonresidential Rate of Growth Ordinance (NROGO) to encourage
redevelopment and development of nonresidential uses, as well as adopted the fee exemption,
as detailed above, for certain qualifying map amendment applications that propose a FLUM
and/or LUD category that eliminates a lawful nonconforming use deemed as such by final
adoption of the FLUM and/or LUD maps. As described above, this application qualifies for
the fee exemption.
Based on the recommendation from the Planning Commission and direction from the BOCC,
as part of the Comprehensive Plan update that is currently underway, a text amendment to
Policy 101.4.20 (see Exhibit 4) is proposed that would specify that only FLUM amendments
which increase residential density would be subject to the mitigation requirements, eliminating
mitigation requirements for increases in nonresidential intensity.
At a special meeting held on January 14, 205, the BOCC approved the transmittal of the text
amendment to the DEO. On April 28, 2015, DEO issued its Objections, Recommendations
and Comments Report (ORC) regarding the proposed amendments. The ORC does not include
any objections to the proposed amendment to the discouragement policy. The BOCC held the
first of two adoption hearings for the 2030 Comprehensive Plan on March 1, 2016. No further
changes were proposed to Policy 101.4.20. As of the date of this memo, the second adoption
hearing is scheduled for April 13, 2016. If the amendment is adopted and becomes effective,
the proposed FLUM amendment would not be subject to mitigation.
The applicant has requested that the proposed FLUM amendment and associated LUD
amendment be processed through the DRC, PC, and BOCC hearings, acknowledging that its
effectiveness is contingent on the proposed text amendment to Policy 101.4.20 becoming
effective.
The applicant understands that there is no guarantee that the proposed text amendment to
Policy 101.4.20 will be approved by the BOCC and/or DEO. In that case, the proposed FLUM
amendment will need to come into compliance with the current requirements of Policy
101.4.20, including the required mitigation through the donation of land for the increase in
nonresidential intensity.
C.Compatibility with the Surrounding Area
An excerpt from Map 2 of the Comprehensive Plan Future Land Use Map Series identifies the
approximate location of the proposed FLUM amendment (circled in the figure on the
following page), and the FLUM designations of the surrounding area. Map 2 in its entirety is
included as Exhibit 5.
Parcels surrounding the subject property currently have FLUM designations of Residential
Low, Mixed Use/Commercial, and Residential High. Land uses surrounding the subject
property include residential uses, vacant land, and a small hotel.
5 of 11
File #2013-093
4EGOIX4K
4F
The parcel has a tier designation of Tier III. The entire site is scarified, consisting of asphalt
and pea-rock gravel. Land in the vicinity of the site, based on U.S. Fish & Wildlife Service
Species Focus Area Maps, is considered potential habitat for Cotton Mouse, Eastern Indigo
Snake, Schaus Swallowtail, Tree Cactus, Tree Snail, and Woodrat.
D.Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Traffic Circulation (Policy 301.1.1)
The subject property is located on US 1 in Key Largo. The property is only accessible by US
1. Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of .
According to the 2015 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating
Cand the segment in Key Largo (MM 91.5 to MM 99.5) is operating at a LOS
Potable Water (Policy 701.1.1)
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 daily demand in Monroe County is 17.47 MGD and
projections indicate a slight increase to an annual average daily demand to 17.76 MGD. The
6 of 11
File #2013-093
4EGOIX4K
4F
proposed FLUM amendment could result in a net increase in demand from this site of up to
1,094 gallons per day if developed to its maximum nonresidential intensity. Currently there is
sufficient capacity for such an increase.
Potable Water Max Potential
Residential Residential Persons/ Total Total LOS
FLUM Net Change
LOS Standard Development Household Persons Demand
(Policy 701.1.1) (dwelling units)
Current: 66.50 gal/cap/day
0 2.24 0 0 gal/day
RL (149 gal/du/day)
0 gal/day
Proposed: 66.50 gal/cap/day
0 2.24 0 0 gal/day
COMM (149 gal/du/day)
Potable Water Max Potential
Nonresidential Nonresidential
FLUM Total LOS Demand Net Change
LOS Standard Development
(Policy 701.1.1) (square feet)
Current:
0.35 gal/sq.ft./day 3,125 1,094 gal/day
RL
+1,094 gal/day
Proposed:
0.35 gal/sq.ft./day 6,250 2,188 gal/day
COMM
Solid Waste (Policy 801.1.1)
Monroe County has a contract with Waste Management authorizing the use of in-state
facilities through September 30, 2024; thereby, providing the County with approximately
eight (8) more years of guaranteed capacity for solid waste. Currently, there is adequate
capacity for solid waste generation. All commercial solid waste is handled by private contract.
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, Exhibit 3-8, has stated the LOS standard for
residential and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU).
Under both the current and proposed FLUM categories, the density requirements for the site
will not permit even a single dwelling unit, and therefore has no potential residential demand
for sanitary sewer. The Key Largo Wastewater Treatment District central sewer system is
available to this parcel, and any new or existing development is required to connect to the
sewer system.
not yet connected to the sewer system. The Key Largo Wastewater Treatment Facility is
designed and constructed in accordance with the adopted levels of service water quality
treatment standards.
7 of 11
File #2013-093
4EGOIX4K
4F
IV.CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
DEVELOPMENT
A. The proposed amendment is consistent with the following Goals, Objectives and
Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the
amendment furthers:
Goal 101:
Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.3:
Monroe County shall regulate non-residential development to maintain a balance
of land uses to serve the needs of the future population of Monroe County.
Objective 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 101.4.21:
The principal purpose of the Commercial (COMM) future land use category is to
provide for the establishment of commercial zoning districts where various types of commercial
retail; highway-oriented sales and services; commercial recreation; light industrial; public,
institutional and office uses may be permitted at intensities which are consistent with the community
character and the natural environment. The commercial zoning districts established within this
category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This
category is not intended to accommodate transient or permanent residential development.
Objective 101.8:
Monroe County shall eliminate or reduce the frequency of uses which are
inconsistent with the applicable provisions of the land development regulations and the Future Land
Use Map, and structures which are inconsistent with applicable codes and land development
regulations.
Policy 101.20.2:
The Community Master Plans shall be incorporated into the 2010 Comprehensive
Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following
Community Master Plans have been completed in accordance with the principles outlined in this
section and adopted by the Board of County Commissioners:
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives
in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
Key Largo Livable CommuniKeys Master Plan - Action Item 1.3.2:
Revise the FLUM and Land
Use District Maps to resolve nonconformities in the planning area where appropriate.
B. The amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
the principles for guiding development and any amendments to the principles, the principles shall be
construed as a whole and no specific provision shall be construed or applied in isolation from the
other provisions.
8 of 11
File #2013-093
4EGOIX4K
4F
(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical state
concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
and ensuring that development is compatible with the unique historic character of the Florida
Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage collection;
treatment and disposal facilities; and the installation and proper operation and maintenance of
onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and
403.086(10), as applicable, and by directing growth to areas served by central wastewater
treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(l) Making available adequate affordable housing for all sectors of the population of the Florida
Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a post disaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
9 of 11
File #2013-093
4EGOIX4K
4F
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
Section 163.3161(4), F.S. It is the intent of this act that local governments have the ability to
preserve and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within their jurisdictions.
Through the process of comprehensive planning, it is intended that units of local government can
preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
and other requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions
Section 163.3177(6)(a)2., F.S. The future land use plan and plan amendments shall be based upon
surveys, studies, and data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent
with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(6)(a)4., F.S. The amount of land designated for future planned uses shall provide
a balance of uses that foster vibrant, viable communities and economic development opportunities
and address outdated development patterns, such as antiquated subdivisions. The amount of land
designated for future land uses should allow the operation of real estate markets to provide adequate
choices for permanent and seasonal residents and business and may not be limited solely by the
projected population. The element shall accommodate at least the minimum amount of land required
to accommodate the medium projections as published by the Office of Economic and Demographic
Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including
related rules of the Administration Commission.
Section 163.3177(6)(a)8., F.S. Future land use map amendments shall be based upon the following
analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic resources
on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of
this section.
10 of 11
File #2013-093
4EGOIX4K
4F
V.STAFF RECOMMENDATION
Staff recommends approval of the proposed Future Land Use Map amendment from Residential
Low (RL) to Commercial (COMM) for the parcel of land having real estate number
00088350.000000, in Key Largo.
VI.PROCESS
Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a
contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass them onto the
Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission
shall review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider
the transmittal of the proposed comprehensive plan amendment, and considers the staff report,
staff recommendation, and the testimony given at the public hearing. The BOCC may or may
not recommend transmittal to the Florida Department of Economic Opportunity (DEO). The
amendment is transmitted to DEO, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County
has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VII.EXHIBITS
1.Letter of Understanding Addendum, dated September 5, 2012, including original LOU dated
March 20, 2009 and first Addendum to the LOU dated April 30, 2009.
2.Resolution P22-14.
3.Objections, Recommendations and Comments (ORC) Report, received January 5, 2016.
4.Proposed amendment to Comprehensive Plan Policy 101.4.20 (discouragement policy), as
transmitted to DEO on January 14, 2015, and anticipated to be adopted April 13, 2016.
5.Map 2 of the Monroe County Comprehensive Plan Future Land Use Map Series.
6.Proposed FLUM amendment for RE#00088350.000000 in Key Largo.
11 of 11
File #2013-093
4EGOIX4K
4F
Exhibit 1 to Staff Report
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
Exhibit 2 to Staff Report
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
Exhibit 3 to Staff Report
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
Exhibit 4 to Staff Report
4F
Policy 101.45.20 26
In order to continue to implement the Florida Keys Carrying Capacity Study,
Monroe County shall promote the reduction in overall County residential density
and intensity and the preservation of Monroe County’s native habitat by enacting
legislation which implements the following policy statements for private
applications for future land use map amendments which increase allowable
residential allocated density and/or intensity. Private application(s) means those
applications from private entities with ownership of the upland development and
parcel(s) of land or includes private upland development on County-owned land.
Private applications requesting future land use map designation amendments
received after the effective date of this ordinance (Nov. 20, 2012), which propose
increases in allocated residential density and/or intensity shall be required, upon
amendment approval, to comply with either option (1) or (2) below:
(1)For every acre of land, and/or fractions thereof, where there is a request to
increase residential density and/or intensity, a private applicant shall purchase and
dedicatedonate land to Monroe County for conservation that is a minimum of
twice the size of the parcel subject to the proposed request, and has a residential
density development potential equal or greater to the density increase being
requestedwhich contains non-scarified native upland habitat and/or undisturbed
wetland habitat to Monroe County for conservation. The following requirements
apply:
The dedicateddonated land shall be designated as Tier I, Tier II or Tier III-
A Special Protection Area and be located on Big Pine Key/No Name Key
or be within the same sub-area of unincorporated Monroe County as the
proposed increase in residential density and/or intensity. Dedicated land
may also be used by an applicant for ROGO points.
The dedicated land shall contain predominantly non-scarified native
upland habitat and/or undisturbed wetland habitat. The land shall be
inspected by the Monroe County Biologist to assure it is acceptable for
acquisition and donation.
A restrictive covenant shall be recorded to extinguish the development
rights on the donated land.
The Future Land Use Map Designation for the donated land may be
designated by the County as Conservation (C) or Preservation (P).
(2)For each requested additional unit of residential density, a private applicant
shall purchase and dedicateonate a lot designated as Improved Subdivision (IS)
district on the Land Use (Zoning) District map which contain non-scarified native
upland habitat and/or undisturbed wetland habitat to Monroe County to ensure the
equivalent density requested is mitigated (excludes the dedication of lots for
affordable housing). The following requirements apply:
Future Land Use Element 39Keith and Schnars, P.A.
Comprehensive Plan: Jan. 2015
4EGOIX4K
4F
Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to
mitigate the request for increased allowable residential density, pursuant to option
(a) or (b) below:
(a) The dedicatedonated IS lot(s) shall be designated as Tier I, Tier II or Tier III-A
Special Protection Area and be located on Big Pine Key/No Name Key or be
within the same sub-area of unincorporated Monroe County as the proposed
increase in residential density.
The dedicated lot shall contain predominantly non-scarified native upland
habitat and/or undisturbed wetland habitat. The IS lot(s) shall be inspected
by the Monroe County Biologist to assure it is acceptable for acquisition
and donation.
A restrictive covenant shall be recorded to extinguish the development
rights on the donated land.
The dedicated IS lot(s) must still have 1 (one) unit of allocated density per
lot (i.e., may not have sent density to another site via TDRs or have any
other restriction on development rights via deed restriction or similar
mechanism)
The Future Land Use Map Designation for the donated land may be
designated by the County as Conservation (C).
(b) The dedicatedonated IS lot(s) shall be designated as Tier III, must have 1 unit
of allocated density per lot suitable for affordable housing and must be within the
same sub-area of unincorporated Monroe County as the proposed increase in
residential density.
The IS lot(s) shall be dedicated to Monroe County for the retirement of
development rights; or
The IS lot(s) shall may be dedicated to Monroe County for affordable
housing projects.
For options (1), and (2) described above, the parcel which is the subject of the
request to increase its residential density and/or intensity must be designated as
Tier III and have existing public facilities and services and available central
wastewater facilities. Under this policy, no net increase in residential density will
be permitted.
Example 12 acres requesting a FLUM Requires the donation of 24 acres of non-scarified native
of Option amendment to increase upland habitat and/or undisturbed wetland habitat,
1density and/or intensitydesignated as Tier I, Tier II or Tier III-A.
EGVIW\!EGVIW
Example 20 acres with a total (a) Requires the donation of 20 IS lots of non-scarified
Future Land Use Element 40Keith and Schnars, P.A.
Comprehensive Plan: Jan. 2015
4EGOIX4K
%XXEGLQIRX 7XEJJ6ITSVX1MGVER,EVVMIXXIW*091C&3''%HSTXMSR
1MGVER-RG
,EVVMIXXI W
*091
%XXEGLQIRX 7XEJJ6ITSVX1MGVER,EVVMIXXIW*091C&3''%HSTXMSR
1MGVER-RG
,EVVMIXXI W
*091