Item P094
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.9
Agenda Item Summary #1509
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 SUBURBAN COMMERCIAL
(SC) 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 AMENDMENT
TO THE LAND USE DISTRICT (ZONING) MAP; 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 (Zoning) 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 and Monroe County Code. The
applicant is requesting a change to the Zoning designation in order to eliminate the nonconformity.
The applicant has also requested a corresponding FLUM amendment for the property from RL to
Mixed Use/Commercial (MC).
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
FLUM amendment and would require one of the following by the applicant prior to BOCC adoption
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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 amending the FLUM 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. Normally, the County has 180
days from receipt of the ORC report to adopt the amendment, adopt with changes, or not adopt the
amendment. The County requested and was granted two extensions to this deadline from DEO in
order to process a request from the applicant for a Comprehensive Plan text amendment to
accompany the FLUM amendment, as described below. The new deadline for adoption is May 15,
2016.
In response to the requirement to comply with Policy 101.4.20, the applicant has requested a
Comprehensive Plan 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
The ORC report contained no objections or comments regarding the proposed text amendment
creating a subarea policy for the subject property.
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.
The proposed FLUM amendment and the proposed text amendment are also scheduled to be
considered for adoption at public hearings before the BOCC 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
ution #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
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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.
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 Zoning
Staff Report - Coconut Bay Zoning
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, contingent on adoption and effectiveness of the
associated FLUM amendment.
REVIEWED BY:
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Mayte Santamaria Completed 03/31/2016 6:09 PM
Steve Williams Completed 04/04/2016 8:57 AM
Budget and Finance Skipped 03/31/2016 12:14 PM
Maria Slavik Skipped 03/31/2016 12:14 PM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:05 AM
Emily Schemper Completed 04/05/2016 11:08 AM
Mayte Santamaria Completed 04/05/2016 11:41 AM
Kathy Peters Completed 04/06/2016 9:26 AM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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1
2
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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 LAND USE DISTRICT (ZONING) MAP FROM
13
SUBURBAN RESIDENTIAL (SR) TO SUBURBAN COMMERCIAL
14
(SC) FOR PROPERTY LOCATED AT 97770 AND 97702
15
OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 98,
16
DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP
17
62 SOUTH, RANGE 39 EAST, ISLAND OF KEY LARGO,
18
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
19
NUMBERS 00091000.000000 AND 00091020.000000, AS PROPOSED
20
BY SEE THE SEA OF KEY LARGO, INC. AND COCONUT BAY
21
OF KEY LARGO, INC.; PROVIDING FOR SEVERABILITY;
22
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
23
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
24
PLANNING AGENCY AND THE SECRETARY OF STATE;
25
PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT
26
(ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
27
28
29
WHEREAS,
30 on June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key
31 Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting to amend
32 the Monroe County Land Use District (Zoning) Map designation from Suburban Residential (SR)
33 to Suburban Commercial (SC); and
34
WHEREAS,
35 the subject property is located at 97770 and 97702 Overseas Highway, Key
36 Largo, Mile Marker 98, described as parcels of land in section 6, township 62 south, range 39
37 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
38 00091000.000000 and 00091020.000000; and
39
WHEREAS,
40 See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
41 business as Bay Harbor Lodge, operates a hotel/motel at the subject property with a current
42 FLUM designation of RL, which does not allow hotels or other transient residential uses,
43 therefore the existing use is considered nonconforming to the provisions of the current
44 Comprehensive Plan and Monroe County Code; and
45
Ord. No.___- 2016
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WHEREAS,
1 See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
2 business as Bay Harbor Lodge, is requesting a change to the Zoning map designation in order to
3 eliminate the nonconformity for the existing hotel/motel use; and
4
WHEREAS,
5 the applicant has submitted an application for a corresponding Future Land
6 Use Map (FLUM) amendment for the subject parcel from Residential Low (RL) to Mixed
7 Use/Commercial (MC); and
8
WHEREAS
9 , the Monroe County Development Review Committee considered the
rd
10 proposed Zoning map amendment at a regularly scheduled meeting held on the 23 day of
11 September, 2014; and
12
th
WHEREAS,
13 the Monroe County Planning Commission held a public hearing on the 29
14 day of October, 2014, for review and recommendation on the proposed Zoning map amendment;
15 and
16
WHEREAS
17 , the Monroe County Planning Commission adopted Resolution No. P35-14
18 recommending adoption of the proposed Zoning map amendment, contingent on adoption and
19 effectiveness of the corresponding FLUM amendment; and
20
th
WHEREAS,
21 at a regularly scheduled meeting held on the 20 day of April, 2016, the
22 Monroe County Board of County Commissioners held a public hearing, considered the staff
23 report, and provided for public comment and public participation in accordance with the
24 requirements of state law and the procedures adopted for public participation in the planning
25 process; and
26
WHEREAS
27 , based upon the documentation submitted and information provided in the
28 accompanying staff report, the BOCC makes the following Findings of Fact:
29
30 1.
31 their associated land use district maps, the subject property was p was partially within
32 a BU-2 district (Medium Business) and partially within a RU-3 district (Multiple
33 Family Residential); and
34
35 2.In 1992, the subject property when it was re-designated as Suburban Residential (SR),
36
37 property was given their current FLUM designation of Residential Low (RL); and
38
39 3.Map amendments to the Monroe County Land Use District Map shall not be
40 inconsistent with the provisions and intent of the Monroe County Comprehensive
41 Plan; and
42
43 4.Monroe County Code (MCC) §102-158 states that map amendments are not intended
44 to relieve particular hardships, nor to confer special privileges or rights on any person,
45 nor to permit an adverse change in community character, analyzed in the Monroe
46 County Comprehensive Plan, but only to make necessary adjustments in light of
Ord. No.___- 2016
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1 changed conditions or incorrect assumptions or determinations as determined by the
2 findings of the BOCC; and
3
4 5.MCC §102-158(d)(5)(b) provides that one or more of the following criteria must be
5 met for a map amendment:
6
7 a.Changed projections (e.g., regarding public service needs) from those on which
8 the text or boundary was based;
9 b.Changed assumptions (e.g., regarding demographic trends);
10 c.Data errors, including errors in mapping, vegetative types and natural features
11 described in volume I of the plan;
12 d.New issues;
13 e.Recognition of a need for additional detail or comprehensiveness;
14 f.Data updates;
15 g.For FLUM changes, the principles for guiding development as defined in the
16 Florida Statutes relating to changes to the comprehensive plan; and
17
18 6.Map amendments to the Monroe County Land Use District Map shall not be
19 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
20 Critical State Concern; and
21
WHEREAS
22 , based upon the documentation submitted and information provided in the
23 accompanying staff report, the BOCC makes the following Conclusions of Law:
24
25 1. The proposed map amendment is consistent with the provisions of the Monroe
26 County Code:
27 a. As required by MCC §102-158, the map amendment does not relieve particular
28 hardships, nor confer special privileges or rights on any person, nor permit an
29 adverse change in community character, as analyzed in the Monroe County Year
30 2010 Comprehensive Plan;
31 b. As required by MCC §102-158(d)(5)b., the map amendment is needed due to data
32 errors; and
33
34 2. The proposed map amendment is consistent with the provisions and intent of the
35 Monroe County Year 2010 Comprehensive Plan:
36 a. The Suburban Commercial (SC) Land Use (Zoning) District corresponds with the
37 Future Land Use Map designation of Mixed Use/Commercial (MC), and is
38 consistent with the density and intensity standards as set forth in Policy 101.4.22;
39 b. The Suburban Commercial (SC) Land Use (Zoning) District is consistent with the
40 purpose of the Mixed Use/Commercial (MC) Future Land Use Map designation,
41 as set forth in Policy 101.4.5; and
42
43 3. The proposed map amendment is not inconsistent with the Principles for Guiding
44 Development in the Florida Keys Area of Critical State Concern;
45
46
Ord. No.___- 2016
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF MONROE COUNTY, FLORIDA:
2
3
Section 1.
4 The Monroe County Land Use District (Zoning) map is hereby amended as
5 follows:
6
7 The property described as a parcel of land located at 97770 and 97702 Overseas
8 Highway, Key Largo, Mile Marker 98, described as a parcel of land in section 6,
9 township 62 south, range 39 east, Island of Key Largo, Monroe County, Florida,
10 having real estate numbers 00091000.000000 and 00091020.000000 shall be
11 designated as Suburban Commercial (SC) as shown on Exhibit 1, attached hereto
12 and incorporated herein.
13
14 This Land Use District (Zoning) map amendment is contingent on adoption and
15 effectiveness of the corresponding FLUM amendment from Residential Low (RL)
16 to Mixed Use/Commercial (MC).
17
Section 2.Severability.
18 If any section, subsection, sentence, clause, item, change, or
19 provision of this ordinance is held invalid, the remainder of this ordinance shall
20 not be affected by such validity.
21
Section 3.Repeal of Inconsistent Provisions.
22 All ordinances or parts of ordinances in
23 conflict with this ordinance are hereby repealed to the extent of said conflict.
24
Section 4.Transmittal.
25 This ordinance shall be transmitted to the Florida State Land
26 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
27
Section 5. Filing.
28 This ordinance shall be filed in the Office of the Secretary of the State of
29 Florida but shall not become effective until approved by the Florida State Land
30 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
31 120 of the Florida Statutes.
32
Section 6. Map.
33 The
34 provisions of this Ordinance shall be included and incorporated on to the Official
35 Land Use District Map of Monroe County.
36
Section 7. Effective Date.
37 This ordinance shall become effective as provided by law and
38 stated above.
39
PASSED AND ADOPTED
40 by the Board of County Commissioners of Monroe County,
41 Florida, at a regular meeting held on the _____ day of ________, 2016.
42
43 Mayor Heather Carruthers _______
44 Mayor 4VS8IQ George Neugent _______
45 Commissioner Danny L. Kolhage _______
46 Commissioner David Rice _______
47 Commissioner Sylvia Murphy _______
48
Ord. No.___- 2016
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1
2 BOARD OF COUNTY COMMISSIONERS
3 OF MONROE COUNTY, FLORIDA
4
5 BY ______________________________
6 Mayor Heather Carruthers
7 (SEAL)
8
9 ATTEST: AMY HEAVILIN, CLERK
10
11 ____________________________________
12 DEPUTY CLERK
Ord. No.___- 2016
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Exhibit 1 to Ordinance# -201
"
)
98
00091000-000000
00091020-000000
The Monroe County Land Use Map is amended
as indicated above.
¯
Proposal: Land Use change of two parcels of land in Key Largo having Real Estate Numbesr:
00091000-000000 and 00091000-000020 from Suburban Residential (SR) to Suburban Commercial (SC).
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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 31, 2016
Subject:
Request by See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc. to
amend the Land Use District (Zoning) Map from Suburban Residential (SR) to
Suburban Commercial (SC) for property located at 97770 and 97702 Overseas
Highway, mile marker 98, Key Largo.
Meeting: April 20, 2016
I REQUEST
On June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
business and Bay Harbor Lodge, submitted an application requesting to amend the Land Use
District (Zoning) Map of the Monroe County Land Development Code from Suburban
Residential (SR) to Suburban Commercial (SC) for property located at 97770 and 97702
Overseas Highway, Key Largo, having real estate numbers 00091000.000000 and
00091020.000000.
Existing Zoning Map Designation Proposed Zoning Map Designation
File # 2014-082 Page 1 of 9
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II BACKGROUND INFORMATION
Site Information
Location:
MM 98, Key Largo, Bayside
Address:
97770 and 97702 Overseas Highway
Description:
Part of Lot 10, PB1-59, Section 6, Township 62 South, Range 39 East;
Island of Key Largo
Real Estate Numbers:
00091000.000000 and 00091020.000000
Owner/Applicant:
See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc.,
doing business as Bay Harbor Lodge
Size of Site:
2.2 acres
Land Use District:
Suburban Residential (SR)
FLUM Designation:
Residential Low
Tier Designation:
III
Flood Zones:
X; AE (EL 9); AE (EL 10); VE (13)
Existing Use:
Hotel/Motel
Existing Vegetation/Habitat:
Developed land
Community Character of Immediate Vicinity:
Adjacent land uses consist of MU and
SC district uses. North: Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing
Chiropractor, Conch Republic Woodworks; West: Florida Bay
The subject property currently has a Land Use District (Zoning) designation of Suburban
Residential (SR) and a Future Land Use Map (FLUM) designation of Residential Low (RL).
The property was partially within a BU-2 district (Medium Business) and partially within a
RU-3 district (Multiple Family Residential) prior to September 15, 1986 when it was re-
designated as SR (the final adoption of the Zoning map was in 1992). With the adoption of the
designation of RL.
The subject property is currently developed with a motel/hotel. According to the Monroe
#00091020.000000 is currently developed with five buildings, with year built dates of 1968,
1971, 1983, 1954 and 1968. The portion of the subject property assessed as RE
#00091000.000000 is currently developed with three buildings, with year built dates of 1967,
1967 and 1967.
Lawful Nonconformity
Although the SR Zoning may permit a hotel of up to 11 rooms, the RL FLUM designation does
principal purpose of the Residential Low land use category is to provide for low-density
residential developme
does not refer to hotels or other transient residential uses. Further, MCCP Policy 101.4.22
states that, for the RL FLUM category, the allocated density for transient residential uses is 0
rooms/spaces and the maximum net density for transient residential uses is N/A.
The existing hotel use is therefore not consistent with the RL FLUM category, as it does not
conform to its purpose or density and intensity standards. As such, it is considered a
nonconforming use to the provisions of the MCCP and as it was lawfully established, the hotel
File # 2014-082 Page 2 of 9
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use may continue to exist per the nonconformity policies provided under MCCP Objective
101.8. The applicant is requesting to amend the Zoning designation from Suburban Residential
(SR) to Suburban Commercial (SC). The proposed Zoning map amendment, together with the
associated proposed FLUM amendment (RL to Mixed Use/Commercial (MC)) will eliminate
the nonconformity of the use. 8LIWYFNIGXSJXLMWWXEJJVITSVXMWXLIVIUYIWXIH>SRMRKQET
EQIRHQIRX
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 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.
On December 23, 2013, Monroe County Planning staff issued a Letter of Understanding
(LOU) concerning the property (File # 2013-110; Exhibit 1). As detailed in the LOU, staff has
found that there is satisfactory evidence indicating that the existing SR Zoning designation and
RL FLUM designation may have been assigned in error as there had been a motel/hotel on the
property on and prior to September 15, 1986. Although the applicant did not propose a new
Zoning at the time of the LOU, staff determined that, if the applicant requests a Zoning map
designation that permits the existing hotel/motel use, the request would qualify for the fee
exemption to the Zoning Zoning
designation of the property to SC is consistent with the associated proposed FLUM amendment
to MC, which would permit the existing hotel use, and therefore, the request qualifies for the
fee exemption.
It should be noted that although staff determined the existing hotel use was lawfully
established, the LOU dated December 23, 2013 did not recognize or otherwise support the total
number of hotel/motel rooms (21) existing on the site as lawfully established, and the letter did
not address the single permanent dwelling unit listed by the applicant of this map amendment
as existing development on the site. This map amendment and any associated documents shall
not be used as evidence of the specific number of hotel rooms or other dwelling units lawfully
established. In order to receive a determination regarding the lawfully established number of
hotel/motel rooms and/or other dwelling units on the subject property, the property owner must
apply for a Letter of Development Rights Determination.
Livable CommuniKeys Plan
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
File # 2014-082 Page 3 of 9
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d
The proposed Zoning map amendment and associated FLUM amendment implement this
Action Item of the adopted Key Largo Livable CommuniKeys Master Plan.
Public Hearings
At its regularly scheduled meeting on September 23, 2014, the Monroe County Development
Review Committee (DRC) reviewed the proposed Zoning amendment. The information
provided in the staff report and discussed at the September 23, 2014 meeting supports the
Commissioners.
At its regularly scheduled meeting on October 29, 2014, the Monroe County Planning
Commission reviewed the proposed Zoning amendment, along with its corresponding FLUM
amendment. The Planning Commission recommended approval to the BOCC of the proposed
Zoning amendment, as memorialized through Resolution P35-14 (Exhibit 2).
On December 10, 2014, at a regularly scheduled meeting, the BOCC held a public hearing to
consider transmittal of the associated FLUM amendment to the State Land Planning Agency.
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 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 (Exhibit 3). The ORC did
not contain any objections to the proposed FLUM amendment for the subject parcels.
Normally, the County has 180 days from receipt of the ORC report to adopt the amendment,
adopt with changes, or not adopt the amendment. The County requested and was granted two
extensions to this deadline from DEO in order to process a request from the applicant for a
Comprehensive Plan text amendment to accompany the FLUM amendment, as described
below. The new deadline for County action on the FLUM amendment is May 15, 2016.
In response to the requirement to comply with Policy 101.4.20, the applicant has requested a
Comprehensive Plan 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 (Exhibit 4). The
proposed text amendment was considered by the BOCC at a public hearing on January 20,
File # 2014-082 Page 4 of 9
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regarding the 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 proposed text amendment and the corresponding proposed FLUM amendment are also
scheduled to be considered for adoption by the BOCC at public hearings on April 20, 2016.
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.
III. AMENDMENT REVIEW
Maximum Allocated Density and Intensity by Land Use District (Zoning) Map Designation
Development
Adopted
Existing Zoning Type potential based
Standards
upon density
Residential
0.50 du/ac 1.1 units
Allocated Density/Acre
Suburban Residential (SR)
Transient 5 rooms/spaces/
11 rooms/spaces
Total site: 2.2 acres
Allocated Density/Acre acre
(95,832 sf)
Nonresidential
0.25 FAR 23,958 sf
Maximum Intensity
Development
Adopted
Proposed Zoning Type potential based
Standards
upon density
Residential
3 du/ac* 6.6 units*
Allocated Density/Acre
Suburban Commercial (SC)
Transient
10 rooms/spaces 22 rooms/spaces**
Allocated Density/Acre
Total site: 2.2 acres
(95,832 sf)
Nonresidential
0.40 FAR 38,332 sf
Maximum Intensity
Residential: +5.5 units*
Net Change in Development
Transient: +11 rooms/spaces**
Potential Based on FLUM
Nonresidential: +14,374 sf
*The proposed subarea policy to accompany the corresponding proposed FLUM amendment
would limit development on the site to the existing residential density of 0.50 du/acre, which
would result in a maximum development potential of 1.1 units and a net change of 0 for
residential allocated density.
**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.
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The table on the previous page provides an approximation of the development potential for
residential, transient and commercial 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 Zoning Map amendment would result in a maximum
increase in residential development potential of 5.5 dwelling units. The maximum increase in
nonresidential development potential would be 14,374 square feet.
Any proposed new residential or nonresidential use would be subject to the requirements of
Chapter 138 of the Land Development Code related to the Residential and/or Nonresidential
Rate of Growth Ordinance (ROGO/NROGO) permit process.
Compatibility with the Surrounding Area
a.Existing Vegetation/Habitat: Developed land
b.Existing Tier Designation: III
c.Number of Listed Endangered or Threatened Species: None
d.Existing Use: Hotel/motel
e.Community Character of Immediate Vicinity: Adjacent land consists of MC uses:
North: Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing Chiropractor,
Conch Republic Woodworks; West: Florida Bay
8LITVSTSWIH>SRMRKEQIRHQIRXMWRSXERXMGMTEXIHXSEHZIVWIP]MQTEGXXLIGSQQYRMX]
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IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN AND THE MONROE COUNTY LAND DEVELOPMENT CODE
A. The proposed amendment is generally consistent with the following Goals, Objectives
and Policies of the Monroe County Year 2010 Comprehensive Plan Specifically, it
furthers:
Goal 101:
Monroe County shall manage future growth to enhance the quality of life, ensure
the safety of County residents and visitors, and protect valuable natural resources.
Objective 101.4:
Monroe County shall regulate future development and redevelopment to
maintain the character of the community and protect the natural resources by providing for the
compatible distribution of land uses consistent with the designations shown on the Future Land
Use Map.
Policy 101.4.5:
The principal purpose of the Mixed Use/ Commercial land use category is to
provide for the establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are consistent with the
community character and the natural environment.
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Policy 101.4.20:
In order to implement the Florida Keys Carrying Capacity Study, Monroe
County shall promote the reduction in overall County density and intensity and the
following policy statements for private applications for future land use map amendments which
increase allowable 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, which propose increases in allocated density and intensity shall
be required 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 density
and/or intensity, a private applicant shall purchase and donate land that is a minimum of twice
the size of the parcel subject to the proposed request, which contains non-scarified native
upland habitat and/or undisturbed wetland habitat to Monroe County for conservation. The
following requirements apply:
The donated 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 density and/or intensity.
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).
(2)For each requested additional unit of density, a private applicant shall purchase and donate
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. The following requirements apply:
Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate
the request for increased allowable density, pursuant to option (a) or (b) below:
(a) The donated 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 density.
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 Future Land Use Map Designation for the donated land may be designated by the
County as Conservation (C).
(b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and
must be within the same sub-area of unincorporated Monroe County as the proposed increase
in density.
The IS lot(s) shall be dedicated to Monroe County for affordable housing projects.
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For options (1) and (2) described above, the parcel which is the subject of the request to
increase its density and intensity must be designated as Tier III and have existing public
facilities and services and available central wastewater facilities.
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.
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by existing
public facilities.
Monroe County shall address local community needs while balancing the
needs of all Monroe County communities. These efforts shall focus on the human crafted
environment and shall be undertaken through the Livable CommuniKeys Planning Program.
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.
B. The proposed amendment is consistent with the following Key Largo Livable
CommuniKeys Plan Action Item:
Action Item 1.3.2:
Revise the FLUM and Land Use District Maps to resolve nonconformities
in the planning area where appropriate.
C. The proposed amendment is consistent with the provisions and intent of the Monroe
County Code Land Development Code.
In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text
of boundary was based;
NA
2. Changed assumptions (e.g., regarding demographic trends);
NA
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume I of the plan;
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On December 23, 2013, Monroe County Planning staff issued a Letter of
Understanding (LOU) concerning the property (File # 2013-110). As detailed in the
LOU, staff has found that there is satisfactory evidence indicating that the existing SR
Zoning designation and RL FLUM designation may have been assigned in error as
there had been a motel/hotel on the property on and prior to September 15, 1986.
4. New issues;
NA
5. Recognition of a need for additional detail or comprehensiveness; or
NA
6. Data updates.
NA
In accordance with MCC §102-158(d)(5)c., in no event shall an amendment be approved
which will result in an adverse community change to the planning area in which the proposed
development is located or to any area in accordance with a livable communikeys master plan
pursuant to findings of the board of county commissioners.
The subject property is presently located on US 1 and is adjacent to existing MU and SR zoned
hotel/motel uses. It is anticipated that the future development of the site will not impact the
existing character of the adjacent area.
V. RECOMMENDATION
Staff recommends approval of the proposed amendment to the Land Use District (Zoning) Map
of the Monroe County Land Development Code from Suburban Residential (SR) to Suburban
Commercial (SC), as described in this staff report and attached as Exhibit 5, for property
located at 97770 and 97702 Overseas Highway, Key Largo, having real estate numbers
00091000.000000 and 00091020.000000, contingent on adoption and effectiveness of the
associated FLUM amendment.
VI. EXHIBITS
1.December 23, 2013 Letter of Understanding
2.Planning Commission Resolution P35-14
3.ORC Report regarding corresponding proposed FLUM amendment.
4.Corresponding proposed Comprehensive Plan Subarea Policy.
5.Proposed Zoning Map amendment
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Exhibit 2 to Staff Report
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Exhibit 3 to Staff Report
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Proposed Subarea Policy – Comprehensive Plan Text Amendment
Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
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Monroe County Land Use Amendment