Item P064
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.6
Agenda Item Summary #1504
BULK ITEM: DEPARTMENT:
No 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 RESIDENTIAL (SR) TO COMMERCIAL 2 (C2), 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 AMENDMENT
TO THE LAND USE DISTRICT (ZONING) 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
(Zoning) designation of Suburban Residential (SR). The current use in its present configuration is
nonconforming to the provisions of the current Land Development Code. The applicant is requesting
a change to the Zoning designation in order to eliminate the nonconformity. The proposed Zoning
amendment would result in a decrease in potential residential density (-0.14 units) and an increase in
potential nonresidential intensity (+3,125 SF).
The applicant has also requested a corresponding amendment to the FLUM designation of the
property from RL to Commercial (COMM). On September 16, 2015, the BOCC transmitted to the
Report, which included no objections to the proposed FLUM amendment. The FLUM amendment is
also scheduled for a public hearing for the BOCC to consider adoption on April 20, 2016.
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The proposed Zoning map amendment is necessary to be consistent with the proposed FLUM
amendment. Note, Florida Statute Sections 163.3194 and 163.3201 require land development
regulations to be consistent with and implement the Comprehensive Plan.
PREVIOUS RELEVANT BOCC ACTION
: 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.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Ordinance - Micran Harriette's LUD_BOCC Adoption
Staff Report - Micran Harriette's Zoning_BOCC Adoption
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted:N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A 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 Completed 03/31/2016 5:10 PM
Steve Williams Completed 04/05/2016 10:00 AM
Budget and Finance Skipped 03/28/2016 3:06 PM
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Maria Slavik Skipped 03/28/2016 3:06 PM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:08 AM
Emily Schemper Completed 04/05/2016 10:52 AM
Mayte Santamaria Completed 04/05/2016 11:39 AM
Assistant County Administrator Christine Hurley Completed
04/05/2016 1:27 PM
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
Kathy Peters Completed 04/05/2016 4:48 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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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 LAND USE DISTRICT (ZONING) MAP FROM
13
SUBURBAN RESIDENTIAL (SR) TO COMMERCIAL 2 (C2), FOR
14
PROPERTY LOCATED AT 95710 OVERSEAS HIGHWAY, KEY
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LARGO, APPROXIMATE MILE MARKER 96, DESCRIBED AS A
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PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3,
17
SECTION 12, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY
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LARGO, MONROE COUNTY, FLORIDA, HAVING REAL
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ESTATE NUMBER 00088350-000000, AS PROPOSED BY
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MICRAN, INC.; PROVIDING FOR SEVERABILITY; PROVIDING
21
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
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FOR TRANSMITTAL TO THE STATE LAND PLANNING
23
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
24
AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
25
PROVIDING FOR AN EFFECTIVE DATE.
26
27
28
WHEREAS,
29 on July 25, 2013, Micran, Inc. submitted an application requesting to amend the
30 Monroe County Land Use District (Zoning) map from Suburban Residential (SR) to Commercial 2
31 (C2); and
32
WHEREAS,
33 the subject property is located at 95710 Overseas Highway, Key Largo,
34 approximate mile marker 96, and is described as a parcel of land located in government lot 3,
35 Section 12, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real
36 estate number 00088350.000000; and
37
WHEREAS,
38 Micran, Inc. operates a at the
39 subject property with a current Zoning designation of SR, which does not allow a commercial
Ord. No. ____-2016
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1 retail building in the current configuration, and the current use is therefore considered
2 nonconforming to the provisions of the current Land Development Code; and
3
WHEREAS,
4 Micran, Inc. is requesting a change to the Zoning 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 09-13; 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 Zoning map amendment; and
14
WHEREAS,
15 the Monroe County Planning Commission adopted Resolution No. P23-14,
16 recommending to the Monroe County Board of County Commissioners approval of the proposed
17 amendment contingent upon the adoption and effectiveness of the corresponding FLUM
18 amendment; and
19
th
WHEREAS,
20 at a regularly scheduled meeting held on the 16 day of September, 2015, the
21 Monroe County Board of County Commissioners held a public hearing, considered the staff
22 report, and provided for public comment and public participation in accordance with the
23 requirements of state law and the procedures adopted for public participation in the planning
24 process, and approved Resolution No. 254-2015 to transmit to the State Land Planning Agency
25
26 ential Low (RL) to Commercial
27 (COMM); and
28
WHEREAS,
29 on January 5, 2016, the County received the
30 Objections, Recommendations, and Comments (ORC) report, which included no objections or
31 comments on the proposed FLUM amendment;
32
WHEREAS,
33 based upon the documentation submitted and information provided in the
34 accompanying staff report, the BOCC makes the following Findings of Fact:
35
36 1.
37 their associated land use district maps, the subject property was within a BU-1 (Light
38 Business) zoning district;
39
40 2.In 1986, the property was rezoned to its current Land Use District designation of
41 Suburban Residential (SR);
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1
2 3.uture Land Use Map in 1997, the
3 subject parcel was given its current Future Land Use Map designation of Residential
4 Low (RL);
5
6 4.Map amendments to the Monroe County Land Use District Map shall not be
7 inconsistent with the provisions and intent of the Monroe County Comprehensive
8 Plan; and
9
10 5.Monroe County Code §102-158 states that map amendments are not intended to
11 relieve particular hardships, nor to confer special privileges or rights on any person,
12 nor to permit a change in community character, as analyzed in Monroe County
13 Comprehensive Plan, but only to make necessary adjustments in light of changed
14 conditions; and
15
16 6.Monroe County Code §102-158(d)(5)(b) provides that one or more of the following
17 criteria must be met for a map amendment:
18
19 a.Changed projections (e.g., regarding public service needs) from those on which
20 the text or boundary was based;
21 b.Changed assumptions (e.g., regarding demographic trends);
22 c.Data errors, including errors in mapping, vegetative types and natural features
23 described in volume I of the plan;
24 d.New issues;
25 e.Recognition of a need for additional detail or comprehensiveness;
26 f.Data updates;
27 g.For FLUM changes, the principles for guiding development as defined in the
28 Florida Statutes relating to changes to the comprehensive plan; and
29
30 7.Map amendments to the Monroe County Land Use District Map shall not be
31 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
32 Critical State Concern; and
33
WHEREAS,
34 the Monroe County Board of County Commissioners makes the following
35 Conclusions of Law:
36
37 1.The proposed map amendment is consistent with the provisions of the Monroe
38 County Code:
39 a.The existing uses of the property are consistent with the purpose of the
40 Commercial 2 (C2) Land Use District, as set forth in MCC §130-52;
41 b.The existing uses of the property are permitted as permitted uses in the
42 Commercial 2 (C2) Land Use District, as set forth in MCC §130-103;
43 c.As required by MCC §102-158, the map amendment does not relieve particular
44 hardships, nor confer special privileges or rights on any person, nor permit a
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1 change in community character, as analyzed in the Monroe County Year 2010
2 Comprehensive Plan;
3 d.As required by MCC §102-158(d)(5)b.3., the map amendment is needed due to
4 data errors; and
5 e.As required by MCC §102-158(d)(5)b.6., the map amendment is needed due to a
6 need for additional detail or comprehensiveness; and
7
8 2.The proposed map amendment is consistent with the provisions and intent of the
9 Monroe County Year 2010 Comprehensive Plan:
10 a.The Commercial 2 (C2) Land Use District corresponds with the Future Land Use
11 Map designation of Commercial (COMM), and is consistent with the respective
12 density and intensity as set forth in Policy 101.4.22;
13 b.The Commercial 2 (C2) Land Use District is consistent with the purpose of the
14 Commercial (COMM) Future Land Use Map designation, as set forth in Policy
15 101.4.21; and
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17 3.The proposed map amendment is not inconsistent with the Principles for Guiding
18 Development in the Florida Keys Area of Critical State Concern.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1.
23 The Monroe County Land Use District (Zoning) Map is amended as follows:
24
25 The Monroe County Land Use District (Zoning) Map designation for the property
26 described as a parcel of land located in government lot 3, Section 12, Township 62
27 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate
28 number 00088350.000000 is changed from Suburban Residential (SR) to
29 Commercial 2 (C2), as shown on Exhibit 1, attached hereto and incorporated
30 herein.
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Section 2.Severability.
32 If any section, subsection, sentence, clause, item, change, or provision
33 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
34 validity.
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Section 3.Repeal of Inconsistent Provisions.
36 All ordinances or parts of ordinances in conflict
37 with this ordinance are hereby repealed to the extent of said conflict.
38
Section 4. Transmittal.
39 This ordinance shall be transmitted to the Florida State Land Planning
40 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
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Section 5.Filing.
42 This ordinance shall be filed in the Office of the Secretary of the State of
43 Florida but shall not become effective until approved by the Florida State Land Planning Agency
44 and, if appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes.
45
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Section 6. Inclusion
1 The
2 provisions of this Ordinance shall be included and incorporated on to the Official Land Use
3 District Map of Monroe County.
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Section 7. Effective Date.
5 This ordinance shall become effective as provided by law and stated
6 above.
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PASSED AND ADOPTED
8 by the Board of County Commissioners of Monroe County,
9 Florida, at a regular meeting held on the _____ day of __________, 2016.
10
11
12 Mayor Heather Carruthers ____
13 Mayor Pro Tem George Neugent ____
14 Commissioner Danny Kolhage ____
15 Commissioner David Rice ____
16 Commissioner Sylvia Murphy ____
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Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
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OF MONROE COUNTY, FLORIDA
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By: ______________________________ By: ________________________________
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Deputy Clerk Mayor Heather Carruthers
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(SEAL)
Ord. No. ____-2016
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Exhibit 1 to Ordinance# -201
00088350-000000
The Monroe County Land Use District Map is amended
as indicated above.
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Land Use District change of one parcel of land in Key Largo having Real Estate Number 00088350-000000
from Suburban Residential (R) to Commercial 2 (C2).
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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 Monroe County Land Use District (Zoning)
Map from Suburban Residential (SR) to Commercial 2 (C2) for property located at
95710 Overseas Highway in Key Largo, having real estate number
00088350.000000.
Meeting:
April 20, 2016
I.REQUEST
The applicant, Micran, Inc., is requesting an amendment to the Monroe County Land Use
District (Zoning) map from Suburban Residential (SR) to Commercial 2 (C2) for property
located at 95710 Overseas Highway in Key Largo (having real estate number
00088350.000000), commonly known
Current LUD Map Proposed LUD Map
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II.BACKGROUND INFORMATION
A.Site Information
1.Size of Site: 12,500 SF (0.29 acres) per survey
2.Land Use District: SR (see official LUD Map Sheet 142, Exhibit 1)
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 Land Use District
(Zoning) map designation of Suburban Residential (SR). The current Zoning map for the
property is attached as Exhibit 1. The property currently has a Future Land Use Map (FLUM)
designation of Residential Low (RL).
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
rezoned to its current Zoning
1997, the subject parcel was given its current FLUM designation of RL.
The Monroe County Code (MCC) currently considers restaurant uses to be commercial retail
uses. 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. Additionally, 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. Therefore, the existing commercial retail use is nonconforming to the
provisions of the current land development regulations and Comprehensive Plan. The
applicant is requesting amendments to both the FLUM and Zoning designations in order to
eliminate the nonconformity. 8LIWYFNIGXSJXLMWWXEJJVITSVXMWXLIVIUYIWXIH>SRMRKQET
EQIRHQIRX
B.Lawful Nonconformity
The current Planning & Environmental ResourcJune
19, 2013 by Resolution #183-2013) includes a special provision for properties with certain
nonconforming uses. The BOCC first adopted this provision as an amendment to the fee
schedule on April 18, 2012 by Resolution #127-2012. This resolution amended the Planning
owners applying for a Zoning map and/or FLUM amendment that eliminates a lawfully
established nonconforming use created with the final adoption of the Zoning map and/or
FLUM, and which does not create an adverse effect on the community. To be exempt from the
Zoning map amendment application fee, the property owner must provide satisfactory
evidence that the existing use on the site also existed lawfully in 1992 and was deemed
nonconforming by final adoption of the Zoning map.
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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,
2009; and a second addendum to the LOU was issued on September 5, 2012 (Exhibit 2). 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 1992 and was deemed
nonconforming by the final adoption of the Zoning map. Although the applicant did not
propose a new Zoning category at the time of the LOU, staff determined that, if the applicant
requests a Zoning designation that permits commercial retail use, the request would qualify for
the fee exemption to the Zoning Map
Zoning designation of the property to C2 would permit commercial retail use, and therefore
the request qualifies for the fee exemption.
C.Livable CommuniKeys Plan
Monroe County shall develop a series of
Com
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
Land Use District Maps to resolve non-
The proposed Zoning map amendment and associated FLUM 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 Zoning map amendment and
recommended approval (Resolution No. DRC09-13).
On the June 25, 2014, the Monroe County Planning Commission held a public hearing for the
purpose of considering the proposed Zoning map amendment and passed Resolution No. P23-
14 (Exhibit 3), 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 to consider the associated FLUM amendment
from RL to COMM. The BOCC transmitted the proposed FLUM amendment to the State
Recommendations, and
Comments (ORC) report regarding the associated FLUM amendment. The ORC report
included no objections or comments regarding the proposed FLUM amendment, and the
ordinance is scheduled for a public hearing by the BOCC at their April 20, 2016 meeting to
consider adoption of the FLUM amendment.
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III.ANALYSIS OF PROPOSED AMENDMENT
A.Maximum Allocated Density/Intensity by Land Use District (Zoning) Map Designation
*Although the allocated density for transient residential uses in SR Zoning
of RL lists allocated density for transient residential uses as zero (0), and therefore the development potential on
the site for transient residential uses is zero (0).
The table above provides an approximation of the development potential for residential,
transient, and nonresidential development. Section 130-156(b) of the Land Development Code
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
As shown in the table, the proposed Zoning map amendment would result in decrease in
potential permanent residential development of 0.14 dwelling units. The maximum increase in
potential nonresidential development would be 3,125 square feet.
B.Impact on Community Character
Parcels surrounding the subject property currently have Zoning designations of Suburban
Residential, Suburban Commercial, and Urban Residential Mobile Home. Land uses
surrounding the subject property include residential uses, vacant land, and a small hotel.
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 is considered potential habitat for Cotton
Mouse, Eastern Indigo Snake, Schaus Swallowtail, Tree Cactus, Tree Snail, and Woodrat.
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The existing use on the site is commercial retail, and the proposed Zoning map amendment is
not anticipated to have an adverse effect on the community character of the area.
C.Effects on Public Facilities
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. Under
both the current and proposed Zoning categories, the density requirements for the site will not
permit even a single dwelling unit, and therefore has no potential residential demand for
potable water. 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
LUD 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.
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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. 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 Zoning 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 existing nonresidential building is assessed at 5.5 EDUs, but has not
yet connected to the sewer system. The Key Largo Wastewater Treatment District central
sewer system is available to this parcel, and any new or existing development would be
required to connect to the sewer system. The Key Largo 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:
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
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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.
E.Consistency with the provisions and intent of the Monroe County Code Land
Development Code
In accordance with MCC §102-158(d)(5), the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
At the time the subject property was developed with the existing commercial use, it was
within a BU-1 commercial zoning district which allowed commercial uses. The existing use
existed lawfully in 1992 and was deemed nonconforming by the final adoption of the Zoning
map.
4. New issues;
N/A
5. Recognition of a need for additional detail or comprehensiveness; or
The proposed map amendment addresses the fact that a lawfully existing commercial use was
deemed nonconforming by the final adoption of the Zoning map. This detail may have been
overlooked at the time the Zoning map was adopted.
6. Data updates;
N/A
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IV.STAFF RECOMMENDATION
Staff recommends approval of the proposed Land Use District (Zoning) map amendment from
Suburban Residential (SR) to Commercial 2 (C2) for the parcel of land having real estate
number 00088350.000000, in Key Largo, contingent on adoption and effectiveness of the
associated FLUM amendment from Residential Low (RL) to Commercial (COMM).
V.EXHIBITS
1.Official Land Use District Map, Sheet 142.
2.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.
3.Resolution P 23-14.
4.Proposed LUD map amendment for RE#00088350.000000 in Key Largo.
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Exhibit 2 to Staff Report
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Exhibit 3 to Staff Report
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