Item P074
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.7
Agenda Item Summary #1508
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY COMPREHENSIVE
PLAN, CREATING POLICY 107.1.5 KEY LARGO MIXED USE AREA 2, TO PROVIDE
LIMITATIONS ON DEVELOPMENT AND SPECIFIC RESTRICTIONS; TO ACCOMPANY A
PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) FROM
RESIDENTIAL LOW (RL) TO MIXED USE/COMMERCIAL (MC); FOR PROPERTY
LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 98,
DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39
EAST, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBERS 00091000.000000 AND 00091020.000000; AS PROPOSED BY SEE THE SEA OF
KEY LARGO, INC. AND COCONUT BAY OF KEY LARGO, 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; PROVIDING FOR AN EFFECTIVE DATE.
ITEM BACKGROUND:
The applicant, See the Sea of Key Largo, Inc. and Coconut Bay of Key
Largo, Inc., doing business as Bay Harbor Lodge, currently operates a hotel/motel business at 97770
and 97702 Overseas Highway in Key Largo. The subject property currently has a Future Land Use
Map (FLUM) designation of Residential Low (RL) and a Land Use District (LUD) designation of
Suburban Residential (SR). The current policies of the Comprehensive Plan do not allow a
hotel/motel use within the RL FLUM category, and the current use is therefore considered
nonconforming to the provisions of the current Comprehensive Plan. The applicant requested a
change to the FLUM designation in order to eliminate the nonconformity.
On December 10, 2014, at a regularly scheduled meeting, the BOCC adopted Resolution #374-2014,
transmitting to the state land planning agency an ordinance amending the FLUM for the subject
property from RL to MC. Policy 101.4.20 (discouragement policy) of the Monroe County Year 2010
Comprehensive Plan, which became effective on November 20, 2012, applies to the proposed
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FLUM amendment and would require one of the following by the applicant prior to BOCC adoption
of the proposed FLUM amendment:
a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA located
within the Upper Keys Subarea; or
b. Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the Upper
Keys Subarea; or
c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
Subarea.
The draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO),
which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC)
report, received by the County on March 23, 2015. The ORC did not contain any objections to the
proposed FLUM amendment for the subject parcels.
In response to the requirement to comply with Policy 101.4.20, the applicant is requesting the
proposed text amendment creating a subarea policy for the subject parcels that would eliminate any
increase in potential residential development associated with the proposed FLUM amendment and
thereby eliminate the requirement to donate land.
The proposed text amendment was considered by the BOCC at a public hearing on January 20, 2015,
and transmitted to DEO. On March 7, 2016, t
proposed text amendment. The ORC report contained no objections or comments regarding the
proposed text amendment creating a subarea policy for the subject property. The County has 180
days from receipt of the ORC report to adopt the amendment, adopt with changes, or not adopt the
proposed text amendment. The deadline for adoption is September 3, 2016.
The proposed FLUM and Zoning amendments are also scheduled to be considered for adoption by
the BOCC at public hearings on April 20, 2016.
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. This provision remains effective in the current Planning & Environmental Resources
ee schedule (Resolution #183-2013).
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 December 10, 2014, the Monroe County BOCC adopted Resolution #374-2014, transmitting to
the state land planning agency an ordinance amending the FLUM for the subject property from RL
to MC.
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On January 20, 2016, the Monroe County BOCC adopted Resolution #002-2016, transmitting to the
state land planning agency an ordinance amending the text of the Comprehensive Plan creating
Policy 107.1.5 Key Largo Mixed Use Area 2, to provide limitations on development and specific
restrictions for the subject property.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Ordinance - Coconut Bay Subarea
Staff Report - Coconut Bay Subarea
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 Skipped 03/29/2016 11:46 AM
Steve Williams Completed 04/04/2016 8:53 AM
Budget and Finance Skipped 03/29/2016 11:46 AM
Maria Slavik Skipped 03/29/2016 11:46 AM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:30 AM
Mayte Santamaria Skipped 03/29/2016 11:46 AM
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Emily Schemper Skipped 03/29/2016 11:46 AM
Kathy Peters Skipped 03/29/2016 11:46 AM
Mayte Santamaria Completed 03/31/2016 5:32 PM
Steve Williams Completed 04/04/2016 8:50 AM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:05 AM
Emily Schemper Completed 04/05/2016 11:00 AM
Mayte Santamaria Completed 04/05/2016 11:39 AM
Kathy Peters Completed 04/06/2016 9:14 AM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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MONROE COUNTY, FLORIDA
10
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11
ORDINANCE NO. -2016
12
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14
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
15
COUNTY COMMISSIONERS AMENDING THE MONROE
16
COUNTY COMPREHENSIVE PLAN, CREATING POLICY 107.1.5
17
KEY LARGO MIXED USE AREA 2, TO PROVIDE LIMITATIONS
18
ON DEVELOPMENT AND SPECIFIC RESTRICTIONS; TO
19
ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE
20
LAND USE MAP (FLUM) FROM RESIDENTIAL LOW (RL) TO
21
MIXED USE/COMMERCIAL (MC); FOR PROPERTY LOCATED
22
AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO,
23
MILE MARKER 98, DESCRIBED AS PARCELS OF LAND IN
24
SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, ISLAND
25
OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
26
REAL ESTATE NUMBERS 00091000.000000 AND 00091020.000000;
27
AS PROPOSED BY SEE THE SEA OF KEY LARGO, INC. AND
28
COCONUT BAY OF KEY LARGO, INC.; PROVIDING FOR
29
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
30
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
31
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
32
STATE; PROVIDING FOR INCLUSION IN THE MONROE
33
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
34
EFFECTIVE DATE.
35
36
37
WHEREAS,
38 on September 15, 2015, See the Sea of Key Largo, Inc. and Coconut Bay of
39 Key Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting an
40 amendment to the Monroe County Comprehensive Plan to create 4SPMG]7TIGMJMG
41 0MQMXEXMSRWSR/I]0EVKS1M\IH9WI%VIE; and
42
WHEREAS,
43 the proposed text amendment accompanies a proposed amendment to the
44 Future Land Use Map (FLUM) from Residential Low (RL) to Mixed Use/Commercial (MC) for
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1 two parcels located at 97770 and 97702 Overseas Highway, mile marker 98, Key Largo, having
2 real estate numbers 00091000.000000 and 00091020.000000; and
3
WHEREAS,
4 Policy 101.4.20 of the Monroe County Year 2010 Comprehensive Plan,
5 which became effective on November 20, 2012, applies to the proposed FLUM amendment and
6 would require one of the following by the applicant:
7 a.Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA
8 located within the Upper Keys Subarea; or
9 b.Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the
10 Upper Keys Subarea; or
11 c.Donation of 12 IS lots designated Tier III for affordable housing within the Upper
12 Keys Subarea; and
13
WHEREAS,
14 in response to the requirement to comply with Policy 101.4.20, the
15 applicant is requesting the proposed text amendment creating a subarea policy for the subject
16 parcels that would eliminate any increase in potential residential development associated with the
17 proposed FLUM amendment and thereby eliminate the requirement to donate land; and
18
WHEREAS,
19 the Monroe County Development Review Committee considered the
th
20 proposed text amendment at a regularly scheduled meeting held on the 16 day of November,
21 2015; and
22
th
WHEREAS,
23 the Monroe County Planning Commission held a public hearing on the 16
24 day of December, 2015, for review and recommendation on the proposed text amendment; and
25
WHEREAS,
26 based upon the information and documentation submitted, the Planning
27 Commission made the following Findings of Fact and Conclusions of Law:
28
29 1.The proposed amendment is consistent with the Goals, Objectives and Policies of the
30 Monroe County Year 2010 Comprehensive Plan; and
31 2.The proposed amendment is consistent with the Principles for Guiding Development for
32 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute;
33 and
34 3.The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
35
WHEREAS
36 , the Monroe County Planning Commission adopted Resolution No. P 38-15
37 recommending approval of the proposed amendment; and
38
th
WHEREAS,
39 at a regular meeting held on the 20 day of January, 2016, the Monroe
40 County Board of County Commissioners held a public hearing to consider the transmittal of the
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1 proposed text amendment, considered the staff report and provided for public comment and
2 public participation in accordance with the requirements of state law and the procedures adopted
3 for public participation in the planning process; and
4
WHEREAS,
5 at the January 20, 2016, public hearing, the BOCC adopted Resolution 002-
6 2016, transmitting the proposed text amendment to the State Land Planning Agency; and
7
WHEREAS,
8 the State Land Planning Agency reviewed the amendment and issued an
9 Objections, Recommendations and Comments (ORC) report, received by the County on March
10 7, 2016; and
11
WHEREAS,
12 the ORC report included no objections or comments regarding the proposed
13 text amendment; and
14
WHEREAS,
15 the County has 180 days from the date of receipt of the ORC to adopt the
16 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
17
th
WHEREAS,
18 at a regularly scheduled meeting on the 20 day of April, 2016, the BOCC
19 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
20
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
22
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Section 1.
24 The text of the Monroe County Comprehensive Plan is hereby amended as
25 follows:
26
Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
27
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29 Development in the Key Largo Mixed Use Area 2 shall be subject to regulations
30 applicable to the Mixed Use / Commercial (MC) Future Land Use Designation as well as
31 the additional restriction set out below:
32
33 Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying
34 Capacity Study, maintain the overall County density and the preservation of native
35 habitat, this site/property shall not increase its allocated density and allowable
36 development potential for permanent residential units. The following development
37 controls shall apply:
38
39 1. The allocated density for permanent residential uses on the site shall remain 0.50
40 dwelling units per acre.
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1 The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and
2 00091020.000000, is approximately 2.28 acres of land and is legally described as:
3
4 A t
5 of part of Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at
6 Page 59 of the Public Records of Monroe County, Florida, more particularly described as
7 follows;
8
9 From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59,
10 run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas
11 Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described,
12 thence Northwesterly at right angles to said Northwesterly right of way line a distance of
13 487.7 feet, more or less to the shore of Florida Bay, thence along the shore of Florida Bay
14 in the Northeasterly right of way line, distance of 48.9 feet to the point of beginning, and
15
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17 part of Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at
18 Page 59 of the Public Records of Monroe County, Florida, more particularly described as
19 follows;
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21 From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59,
22 run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas
23 Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described,
24 thence continue Southwesterly along the Northwesterly right of way line of State Road
25 No. 5, a distance of 95 feet, thence northwesterly at right angles 695.1 feet, thence
26 Northeasterly along a bulkhead line to a point 687.7 feet North of the Point of Beginning,
27 thence Southeasterly 687.7 feet to the Pont of Beginning.
28
Section 2.Severability.
29 If any section, subsection, sentence, clause, item, change, or
30 provision of this ordinance is held invalid, the remainder of this ordinance shall
31 not be affected by such validity.
32
Section 3.Repeal of Inconsistent Provisions.
33 All ordinances or parts of ordinances in
34 conflict with this ordinance are hereby repealed to the extent of said conflict.
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Section 4.Transmittal.
36 This ordinance shall be transmitted by the Director of Planning to
37 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
38 Statutes.
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Section 5.Filing and Effective Date.
1 This ordinance shall be filed in the Office of the
2 Secretary of the State of Florida but shall not become effective until a notice is
3 issued by the State Land Planning Agency or Administration Commission finding
4 the amendment in compliance with Chapter 163, Florida Statutes and after any
5 applicable challenges have been resolved.
6
Section 6.Inclusion in the Comprehensive Plan.
7 The text amendment shall be
8 incorporated in the Monroe County Comprehensive Plan. The numbering of the
9 foregoing amendment may be renumbered to conform to the numbering in the
10 Monroe County Comprehensive Plan.
11
PASSED AND ADOPTED
12 by the Board of County Commissioners of Monroe County,
13 Florida, at a regular meeting held on the _____ day of ______, 2016.
14
15 Mayor Heather Carruthers _______
16 Mayor 4VS8IQ George Neugent _______
17 Commissioner Danny L. Kolhage _______
18 Commissioner David Rice _______
19 Commissioner Sylvia Murphy _______
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21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
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24 BY ______________________________
25 Mayor Heather Carruthers
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27 (SEAL)
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29 ATTEST: AMY HEAVILIN, CLERK
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31
32 ____________________________________
33 DEPUTY CLERK
Ord ____-2016
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MEMORANDUM
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MCP&ERD
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ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
7;IWXVMZIXSFIGEVMRKTVSJIWWMSREPERHJEMV
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To:
9Monroe County Board of County Commissioners
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Through:
11Mayté Santamaria, Senior Director of Planning & Environmental Resources
12
From:
13Emily Schemper, Comprehensive Planning Manager
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Date:
15March 31, 2016
16
Subject:
17An ordinance by the Monroe County Board of County Commissioners amending
18the Monroe County Comprehensive Plan to create Policy 107.1.5, Specific
19Limitations on Key Largo Mixed Use Area 2, as requested by See the Sea of Key
20Largo, Inc. and Coconut Bay of Key Largo, Inc., to accompany a proposed
21amendment to the Future Land Use Map (FLUM) of the Monroe County Year
222010 Comprehensive Plan from Residential Low (RL) to Mixed Use/Commercial
23(MC) for 2 parcels located at 97770 and 97702 Overseas Highway, mile marker
2498, Key Largo. (File #2015-170)
25
Meeting:
26 April 20, 2016
27
I. REQUEST
28
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30On September 15, 2015, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
31business as Bay Harbor Lodge, submitted an application requesting an amendment to the Monroe
Policy 107.1.5 Specific Limitations on Key Largo Mixed
32County Comprehensive Plan to create
Use Area 2
33. The proposed text amendment accompanies a proposed amendment to the Future Land
34Use Map (FLUM) from Residential Low (RL) to Mixed Use/Commercial (MC) for two parcels
35located at 97770 and 97702 Overseas Highway, mile marker 98, Key Largo, having real estate
36numbers 00091000.000000 and 00091020.000000.
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Existing FLUM Designation Proposed FLUM Designation
File # 2015-170 Page 1 of 12
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II. BACKGROUND INFORMATION
1
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Site Information
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Location:
4MM 98, Key Largo, Bayside
Address:
597770 and 97702 Overseas Highway
Description:
6Part of Lot 10, PB1-59, Section 6, Township 62 South, Range 39 East; Island of
7Key Largo
Real Estate Numbers:
800091000.000000 and 00091020.000000
Owner/Applicant:
9See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
10business as Bay Harbor Lodge
Size of Site:
112.2 acres
FLUM Designation:
12 Residential Low (RL)
Land Use District:
13 Suburban Residential (SR)
Tier Designation:
14 III
Flood Zones:
15 X; AE (EL 9); AE (EL 10); VE (13)
Existing Use:
16 Hotel/Motel
Existing Vegetation/Habitat:
17 Developed land
Community Character of Immediate Vicinity:
18 Adjacent land uses include resort and
19commercial uses. North: Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing
20Chiropractor, Conch Republic Woodworks; West: Florida Bay
21
22The subject property currently has a Land Use District (Zoning) designation of Suburban Residential
23(SR) and a Future Land Use Map (FLUM) designation of Residential Low (RL). The property was
24partially within a BU-2 district (Medium Business) and partially within an RU-3 district (Multiple
25Family Residential) prior to September 15, 1986, when it was re-designated as SR (the final
26adoption of the Zoning map was in 1992).
271997, the subject parcels were given their current FLUM designation of RL.
28
29The subject property is currently developed with a motel/hotel. According to the Monroe County
30
31is currently developed with five buildings, with year built dates of 1968, 1971, 1983, 1954 and 1968.
32The portion of the subject property assessed as RE #00091000.000000 is currently developed with
33three buildings, with year built dates of 1967, 1967 and 1967.
34
Lawful Nonconformity
35
36Although the SR Zoning may permit a hotel of up to 11 rooms, the RL FLUM designation does not
37allow hotels. Monroe County Comprehensive Plan (MCCP) Policy 101.4.2 states that,
38purpose of the Residential Low land use category is to provide for low-density residential
39development in partially developed areas with substantial native vegetation, and does not refer to
40hotels or other transient residential uses. Further, MCCP Policy 101.4.22 states that, for the RL
41FLUM category, the allocated density for transient residential uses is 0 rooms/spaces and the
42maximum net density for transient residential uses is N/A.
43
44The existing hotel use is therefore not consistent with the RL FLUM category, as it does not conform
45to its purpose or density and intensity standards. As such, it is considered a nonconforming use to the
46provisions of the MCCP.
File # 2015-170 Page 2 of 12
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1On December 23, 2013, Monroe County Planning staff issued a Letter of Understanding (LOU)
2concerning the property (File #2013-110; Exhibit 1). As detailed in the LOU, staff found that there is
3satisfactory evidence indicating that a motel/hotel existed on the property on and prior to September
415, 1986, and is considered a lawfully established nonconforming use. The hotel may therefore
5continue to exist per the nonconforming use policies and regulations provided under MCCP
6Objective 101.8 and Section 102-56 of the Monroe County Code (MCC).
7
8It should be noted that although staff determined the existing hotel use was lawfully established, the
9LOU did not recognize or otherwise support the total number of hotel/motel rooms (21) existing on
10the site as lawfully established, and the letter did not address the single permanent dwelling unit
11listed by the applicant as existing development on the site. The proposed map amendment and
12subarea policy and any associated documents shall not be used as evidence of the specific number of
13hotel rooms or other dwelling units lawfully established. In order to receive a determination
14regarding the lawfully established number of hotel/motel rooms and/or other dwelling units on the
15subject property, the property owner must apply for a Letter of Development Rights Determination.
16
Livable CommuniKeys Plan
17
18
19 local
20community.
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22In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
23CommuniKeys Master Plan into the Monroe County 2010 Comprehensive Plan. Action Item 1.3.2
24within the Key Largo Livable CommuniKeys Master Plan states:
25
26FLUM amendment and associated Zoning map amendment implement this Action Item of the
27adopted Key Largo Livable CommuniKeys Master Plan.
28
Future Land Use Map and Land Use District Map Amendment Requests
29
30On June 16, 2014, the applicant submitted applications requesting to amend the FLUM designation
31of the subject parcels from RL to Mixed Use Commercial (MC) (see Exhibit 2), and the Zoning map
32designation of the subject parcels from SR to Suburban Commercial (SC). The proposed FLUM and
33Zoning map amendments would eliminate the
34categories permit hotel uses.
35
36The Monroe County Development Review Committee (DRC) reviewed the proposed FLUM and
37Zoning map amendments at its regularly scheduled meeting on September 23, 2014.
38
39The Monroe County Planning Commission held public hearings for review of the proposed FLUM
40and Zoning map amendments on October 29, 2014, and recommended approval of the map
41amendments, as memorialized through Resolutions P34-14 and P35-14.
42
43On December 10, 2014, at a regularly scheduled meeting, the BOCC adopted Resolution #374-2014,
44transmitting to the state land planning agency an ordinance amending the FLUM for the subject
45property from RL to MC (see Exhibit 3).
File # 2015-170 Page 3 of 12
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1The draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO),
2which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC)
3report, received by the County on March 23, 2015. The ORC did not contain any objections to the
4proposed FLUM amendment for the subject parcels.
5
6Normally, the County has 180 days from the date of receipt of the ORC to adopt the FLUM
7amendment, adopt the FLUM amendment with changes or not adopt the FLUM amendment. The
8180 day deadline for action by the County would have been September 19, 2015; however, the
9County requested two extensions to this deadline from DEO (as requested by the applicant). The
10current deadline for County action is May 15, 2016.
11
Maximum Allocated Density and Intensity by Future Land Use Map Designation
12
Development
Adopted
Existing FLUM Type potential based
Standards
upon density
Residential
0.25-0.50 du/ac 0.55-1.1 unit
Allocated Density/Acre
Residential Low (RL)
Transient
0 rooms/spaces 0 rooms/spaces
Total site: 2.2 acres
Allocated Density/Acre
(95,832 sf)
Nonresidential
0.20-0.25 FAR 19,166-23,958 sf
Maximum Intensity
Development
Adopted
Proposed FLUM Type potential based
Standards
upon density
Residential
1-6 du/ac 2.2-13.2 units
Mixed Use/ Commercial (MC)
Allocated Density/Acre
Transient
5-15 rooms/spaces 11-33 rooms/spaces
Total site: 2.2 acres
Allocated Density/Acre
(95,832 sf)
Nonresidential
0.10-0.45 FAR 9,583 43,124 sf
Maximum Intensity
Residential: +12 units
Net Change in Development
Transient: +33 rooms/spaces*
Potential Based on FLUM
Nonresidential: +19,166 sf
*Monroe County currently does not award ROGO allocations for the development of NEW transient
residential units (e.g., hotel & motel rooms), pursuant to MCCP Policy 101.2.6. For the development
of transient units in unincorporated Monroe County, existing transient units must be transferred from
the same ROGO subarea to a parcel designated as Tier III, or Tier III-A which does not propose the
clearing of any portion of an upland native habitat patch of one acre or greater in area.
13
14The above table provides an approximation of the development potential for residential, transient
15and commercial development for the associated proposed FLUM amendment. Section 130-156(b) of
16
17intended to be applied cumulatively so that no development shall exceed the total density limits of
File # 2015-170 Page 4 of 12
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1this article. For example, if a development includes both residential and commercial development,
2the total gross amount of development shall not exceed the cumulated permitted intensity of the
3
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5As shown in the table, the associated proposed FLUM amendment would result in a maximum
6increase in residential development potential of 12 dwelling units. The maximum increase in
7nonresidential development potential would be 19,166 square feet.
8
Compliance with Comprehensive Plan Policy 101.4.20
9
10Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the BOCC on
11September 21, 2012, with an effective date of November 20, 2012, and applies to this application.
12Private applications which propose increases in allocated density must comply with the Policy
13requirements. Based on the density/intensity analysis, and in order to mitigate for the impacts of
14approval, one of the following options needs to be addressed prior to adoption of the proposed
15FLUM amendment by the BOCC:
16a.Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA located
17within the Upper Keys Subarea;
18b.Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the Upper
19Keys Subarea; or
20c.Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
21Subarea.
22
23
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30
31In response to the requirement to comply with Policy 101.4.20, as discussed above, on September
3215, 2015, the applicant submitted an application for a text amendment to the Comprehensive Plan
33creating a subarea policy for the subject parcels that would eliminate any increase in potential
34residential development associated with the proposed FLUM amendment.
35
36On November 16, 2015, at its regularly scheduled meeting, the Monroe County Development
37Review Committee reviewed the proposed text amendment creating a subarea policy for the subject
38parcels and the Chair recommended approval.
39
40The Monroe County Planning Commission held a public hearing on December 10, 2015, for review
41of the proposed text amendment creating a subarea policy for the subject parcels, and recommended
42approval, as memorialized through Resolution P38-15.
43
44The proposed text amendment was considered by the BOCC at a public hearing on January 20, 2015,
45and the BOCC adopted Resolution #002-2016 (Exhibit 4), transmitting the proposed text amendment
46to DEO.
47
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1
2creating a subarea policy for the subject property (Exhibit 5). The ORC report contained no
3objections or comments regarding the proposed text amendment. The County has 180 days from
4receipt of the ORC report to adopt the amendment, adopt with changes, or not adopt the proposed
5text amendment. The deadline for adoption is September 3, 2016.
6
7The proposed FLUM and Zoning amendments are also scheduled to be considered for adoption by
8the BOCC at public hearings on April 20, 2016.
9
III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
10
11
12Based review and discussions w
13applicant has agreed to the following language as the proposed subarea policy text amendment:
14
Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
15
16Development in the Key Largo Mixed Use Area 2 shall be subject to regulations applicable to the
17Mixed Use / Commercial (MC) Future Land Use Designation as well as the additional restriction set
18out below:
19
20Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying Capacity Study,
21maintain the overall County density and the preservation of native habitat, this site/property shall not
22increase its allocated density and allowable development potential for permanent residential units.
23The following development controls shall apply:
24
251. The allocated density for permanent residential uses on the site shall remain 0.50 dwelling
26units per acre.
27
28The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and
2900091020.000000, is approximately 2.28 acres of land and is legally described as:
30
31
32Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the
33Public Records of Monroe County, Florida, more particularly described as follows;
34
35From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run
36Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a
37distance of 515 feet to the Point of Beginning of the tract hereafter described, thence Northwesterly
38at right angles to said Northwesterly right of way line a distance of 487.7 feet, more or less to the
39shore of Florida Bay, thence along the shore of Florida Bay in the Northeasterly right of way line,
40distance of 48.9 feet to the point of beginning, and
41
42
43Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the
44Public Records of Monroe County, Florida, more particularly described as follows;
45
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1From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run
2Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a
3distance of 515 feet to the Point of Beginning of the tract hereafter described, thence continue
4Southwesterly along the Northwesterly right of way line of State Road No. 5, a distance of 95 feet,
5thence northwesterly at right angles 695.1 feet, thence Northeasterly along a bulkhead line to a point
6687.7 feet North of the Point of Beginning, thence Southeasterly 687.7 feet to the Pont of Beginning.
7
8
9
10
See table
sub area
11
policy
12
maintains
residential
13
density of
14
property (no
increase).
15
16
17
18
IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
19
THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES, AND PRINCIPLES
20
FOR GUIDING DEVELOPMENT
21
22
A. The proposed amendment is consistent with the following Goals, Objectives and Policies of
23
the Monroe County Year 2010 Comprehensive Plan (Note: compliance with Policy 101.4.20
24
must be established prior to BOCC adoption of the proposed FLUM amendment). Specifically,
25
it furthers:
26
27
Goal 101:
28Monroe County shall manage future growth to enhance the quality of life, ensure the
29safety of County residents and visitors, and protect valuable natural resources.
30
Objective 101.4:
31 Monroe County shall regulate future development and redevelopment to maintain
32the character of the community and protect the natural resources by providing for the compatible
33distribution of land uses consistent with the designations shown on the Future Land Use Map.
34
Policy 101.4.5:
35 The principal purpose of the Mixed Use/ Commercial land use category is to provide
36for the establishment of commercial zoning districts where various types of commercial retail and
37office may be permitted at intensities which are consistent with the community character and the
38natural environment.
39
Policy 101.4.20:
40In order to implement the Florida Keys Carrying Capacity Study, Monroe County
41shall promote the reduction in overall County density and intensity and the preservation of Monroe
42 which implements the following policy statements for
43private applications for future land use map amendments which increase allowable density and/or
44intensity. Private application(s) means those applications from private entities with ownership of the
45upland development and parcel(s) of land or includes private upland development on County-owned
46land.
File # 2015-170 Page 7 of 12
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1Private applications requesting future land use map designation amendments received after the
2effective date of this ordinance, which propose increases in allocated density and intensity shall be
3required to comply with either option (1) or (2) below:
4(1)For every acre of land, and/or fractions thereof, where there is a request to increase density
5and/or intensity, a private applicant shall purchase and donate land that is a minimum of twice the
6size of the parcel subject to the proposed request, which contains non-scarified native upland habitat
7and/or undisturbed wetland habitat to Monroe County for conservation. The following requirements
8apply:
9
10The donated land shall be designated as Tier I, Tier II or Tier III-A Special Protection Area
11and be located on Big Pine Key/No Name Key or be within the same sub-area of
12unincorporated Monroe County as the proposed increase in density and/or intensity.
13The land shall be inspected by the Monroe County Biologist to assure it is acceptable for
14acquisition and donation.
15A restrictive covenant shall be recorded to extinguish the development rights on the donated
16land.
17The Future Land Use Map Designation for the donated land may be designated by the
18County as Conservation (C).
19
20(2)For each requested additional unit of density, a private applicant shall purchase and donate a lot
21designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which
22contain non-scarified native upland habitat and/or undisturbed wetland habitat to Monroe County.
23The following requirements apply:
24Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the
25request for increased allowable density, pursuant to option (a) or (b) below:
26
27(a) The donated IS lot(s) shall be designated as Tier I, Tier II or Tier III-A Special Protection Area
28and be located on Big Pine Key/No Name Key or be within the same sub-area of unincorporated
29Monroe County as the proposed increase in density.
30The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for
31acquisition and donation.
32A restrictive covenant shall be recorded to extinguish the development rights on the donated
33land.
34The Future Land Use Map Designation for the donated land may be designated by the
35County as Conservation (C).
36(b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and must be
37within the same sub-area of unincorporated Monroe County as the proposed increase in density.
38The IS lot(s) shall be dedicated to Monroe County for affordable housing projects.
39
40For options (1) and (2) described above, the parcel which is the subject of the request to increase its
41density and intensity must be designated as Tier III and have existing public facilities and services
42and available central wastewater facilities.
43
44Monroe County shall eliminate or reduce the frequency of uses which are
45inconsistent with the applicable provisions of the land development regulations and the Future Land
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1Use Map, and structures which are inconsistent with applicable codes and land development
2regulations.
3
4Monroe County shall implement measures to direct future growth away from
5environmentally sensitive land and towards established development areas served by existing public
6facilities.
7
8Monroe County shall address local community needs while balancing the needs of
9all Monroe County communities. These efforts shall focus on the human crafted environment and
10shall be undertaken through the Livable CommuniKeys Planning Program.
11
12The Community Master Plans shall be incorporated into the 2010 Comprehensive
13Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following
14Community Master Plans have been completed in accordance with the principles outlined in this
15section and adopted by the Board of County Commissioners:
16
175. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
18Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives
19in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
20meanings and requirements for implementation are synonymous.
21
B. The proposed amendment is consistent with the following Key Largo Livable
22
CommuniKeys Plan Action Item:
23
24
Action Item 1.3.2:
25 Revise the FLUM and Land Use District Maps to resolve nonconformities in the
26planning area where appropriate.
27
C. The proposed amendment is consistent with the Principles for Guiding Development for the
28
Florida Keys Area, Section 380.0552(7), Florida Statutes.
29
30
31For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
32the principles for guiding development and any amendments to the principles, the principles shall be
33construed as a whole and no specific provision shall be construed or applied in isolation from the
34other provisions.
35
36(a)Strengthening local government capabilities for managing land use and development so that local
37government is able to achieve these objectives without continuing the area of critical state concern
38designation.
39(b)Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
40beds, wetlands, fish and wildlife, and their habitat.
41(c)Protecting upland resources, tropical biological communities, freshwater wetlands, native
42tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
43wildlife, and their habitat.
44(d)Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
45development.
File # 2015-170 Page 9 of 12
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1(e)Limiting the adverse impacts of development on the quality of water throughout the Florida
2Keys.
3(f)Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
4and ensuring that development is compatible with the unique historic character of the Florida Keys.
5(g)Protecting the historical heritage of the Florida Keys.
6(h)Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
7major public investments, including:
81.The Florida Keys Aqueduct and water supply facilities;
92.Sewage collection, treatment, and disposal facilities;
103.Solid waste treatment, collection, and disposal facilities;
114.Key West Naval Air Station and other military facilities;
125.Transportation facilities;
136.Federal parks, wildlife refuges, and marine sanctuaries;
147.State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
158.City electric service and the Florida Keys Electric Co-op; and
169.Other utilities, as appropriate.
17
18(i)Protecting and improving water quality by providing for the construction, operation,
19maintenance, and replacement of stormwater management facilities; central sewage collection;
20treatment and disposal facilities; and the installation and proper operation and maintenance of onsite
21sewage treatment and disposal systems.
22(j)Ensuring the improvement of nearshore water quality by requiring the construction and operation
23of wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and
24403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment
25facilities through permit allocation systems.
26(k)Limiting the adverse impacts of public investments on the environmental resources of the Florida
27Keys.
28(l)Making available adequate affordable housing for all sectors of the population of the Florida
29Keys.
30(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
31natural or manmade disaster and for a postdisaster reconstruction plan.
32(n)Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
33maintaining the Florida Keys as a unique Florida resource.
34
35Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
36Principles for Guiding Development as a whole and is not inconsistent with any Principle.
37
D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
38
Specifically, the amendment furthers:
39
40
41163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve and
42enhance present advantages; encourage the most appropriate use of land, water, and resources,
File # 2015-170 Page 10 of 12
4EGOIX4K
4F
1consistent with the public interest; overcome present handicaps; and deal effectively with future
2problems that may result from the use and development of land within their jurisdictions. Through
3the process of comprehensive planning, it is intended that units of local government can preserve,
4promote, protect, and improve the public health, safety, comfort, good order, appearance,
5convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
6efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
7and other requirements and services; and conserve, develop, utilize, and protect natural resources
8within their jurisdictions
9
10163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal
11status set out in this act and that no public or private development shall be permitted except in
12conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
13conformity with this act.
14
15163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, and
16strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
17development of the area that reflects community commitments to implement the plan and its
18elements. These principles and strategies shall guide future decisions in a consistent manner and
19shall contain programs and activities to ensure comprehensive plans are implemented. The sections
20of the comprehensive plan containing the principles and strategies, generally provided as goals,
21
22development regulations will be initiated, modified, or continued to implement the comprehensive
23plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
24regulations in the comprehensive plan but rather to require identification of those programs,
25activities, and land development regulations that will be part of the strategy for implementing the
26comprehensive plan and the principles that describe how the programs, activities, and land
27development regulations will be carried out. The plan shall establish meaningful and predictable
28standards for the use and development of land and provide meaningful guidelines for the content of
29more detailed land development and use regulations.
30
31163.3201, F.S. It is the intent of this act that adopted comprehensive plans or elements thereof
32shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on
33the development of lands and waters within an area. It is the intent of this act that the adoption and
34enforcement by a governing body of regulations for the development of land or the adoption and
35enforcement by a governing body of a land development code for an area shall be based on, be
36related to, and be a means of implementation for an adopted comprehensive plan as required by this
37act.
38
V. PROCESS
39
40
41Comprehensive Plan Amendments may be proposed by the BOCC, the Planning Commission, the
42Director of Planning, or the owner or other person having a contractual interest in property to be
43affected by a proposed amendment. The Director of Planning shall review and process applications
44as they are received and pass them onto the Development Review Committee and the Planning
45Commission.
46
File # 2015-170 Page 11 of 12
4EGOIX4K
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1The Planning Commission shall hold at least one public hearing. The Planning Commission shall
2review the application, the reports and recommendations of the Department of Planning &
3Environmental Resources and the Development Review Committee, and the testimony given at the
4public hearing. The Planning Commission shall submit its recommendations and findings to the
5BOCC. The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive
6plan amendment, and considers the staff report, staff recommendation, and the testimony given at
7the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
8Agency. If the amendment is transmitted to State Land Planning Agency, they review the proposal
9and issue an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
10report, the County has 180 days to adopt the amendment, adopt the amendment with changes or not
11adopt the amendment.
12
VI. STAFF RECOMMENDATION
13
14
15Staff recommends approval of the proposed subarea policy, as detailed in this report, to maintain the
16permanent residential development potential and not increase the demand for ROGO allocations, for
172 parcels located at 97770 and 97702 Overseas Highway, mile marker 98, Key Largo, having real
18estate numbers 00091000.000000 and 00091020.000000.
19
VII. EXHIBITS
20
21
221.Letter of Understanding dated December 23, 2013, concerning the Coconut Bay of Key Largo
23and See the Sea of Key Largo properties.
242.Proposed corresponding FLUM amendment.
253.Resolution 374-2014 Transmittal of proposed FLUM amendment.
264.Resolution 002-2016 Transmittal of proposed text amendment creating subarea policy.
275.ORC report regarding proposed text amendment creating subarea policy.
File # 2015-170 Page 12 of 12
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