Item O7M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: 0.7
Agenda Item Summary #3761
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map
From Urban Residential - Mobile Home (URM) to Mixed Use (MU), for property located at 5713
First Avenue, South Stock Island, mile marker 5, legally described as Block 34, Lots 11, 12, 13, 14,
and 15, McDonald's Plat of Stock Island (Plat Book 1, Page 55), Stock Island, Monroe County,
Florida, having Real Estate #00124700.000000, as proposed by Standard Marine Supply Corp;
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, Standard Marine Supply Corp., owns a light industrial
building on the subject property currently occupied by an automotive parts and repair store. The
subject property currently has a Future Land Use Map (FLUM) designation of Residential High
(RH) and a Land Use District (Zoning) designation of Urban Residential - Mobile Home (URM). The
current use, which has been on the site since at least the 1960s, is nonconforming to the provisions of
the current Comprehensive Plan and Land Development Code. The applicant is requesting a change
to both the FLUM and Zoning designations in order to eliminate the nonconformity. The purpose of
this item is to review the proposed Zoning amendment from URM to Mixed Use (MU).
The proposed Zoning amendment implements Strategy 2.2 and Action Item 2.2.1 of the Stock
Island/Key Haven Livable CommuniKeys Plan, which call for the County to resolve land use issues
by identifying and changing the land use designation on parcels of land containing non - conforming
uses and rezone as appropriate.
The proposed Zoning amendment would result in a decrease in residential development potential of
-4.3 dwelling units, an increase in transient unit development potential of +3.6 rooms /spaces, and an
increase in nonresidential development potential of +12,500 square feet.
On May 17, 2017, at a regularly scheduled meeting, the Monroe County Board of County
Commissioners (BOCC) held a public hearing and reviewed and received public comment on the
corresponding proposed FLUM amendment from RH to Mixed Use /Commercial (MC). The BOCC
adopted Resolution No. 138 -2017, transmitting the proposed amendment to the State Land Planning
Agency (the State of Florida Department of Economic Opportunity — "DEO "). DEO completed its
review of the proposed amendment and the County received its Objections, Recommendations and
Comments (ORC) report on August 4, 2017. The ORC report did not identify any objections or
comments regarding the proposed amendment. The BOCC normally has 180 days from the date the
ORC was received to adopt the amendment, adopt the amendment with changes or not adopt the
amendment. The proposed FLUM amendment is also scheduled for a public hearing before the
BOCC on January 17, 2018.
The proposed Zoning map amendment from URM to MU 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:
BOCC 5/17/17: BOCC held a public hearing and reviewed and received public comment on the
corresponding proposed FLUM amendment. The BOCC adopted Resolution No. 138 -2017,
transmitting the proposed FLUM amendment to the State Land Planning Agency (the State of
Florida Department of Economic Opportunity — "DEO ").
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval, contingent on adoption and effectiveness of the
corresponding proposed FLUM amendment from RH to MC.
DOCUMENTATION:
Ordinance Standard Marine Land Use District
Exhibit A to Ordinance Standard_Marine_Zoning
Staff Report - Standard Marine Zoning - BOCC Adoption
Exhibit 1 to Staff Report - LOU 08.08.13
Exhibit 2 to Staff Report - Proposed Zoning amendment
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
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount: N/A
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
12/28/2017 11:38 AM
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Mayte Santamaria
Completed
Emily Schemper
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
12/27/2017 4:10 PM
Completed
12/28/2017 3:00 PM
12/28/2017 3:23 PM
12/25/2017 11:41 PM
12/25/2017 11:41 PM
12/28/2017 6:05 PM
12/28/2017 6:11 PM
12/29/2017 9:19 AM
01/17/2018 9:00 AM
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MONROE COUNTY FLORI
ORD INANCE
I
on cto er 11, 2016, Standard Mari Supply Corp submitte
application requesting to amend the Land Use District (Zoning) map of the Monroe County Year
2030 Comp Plan from Urban Resi Home (U ) to Mixed Use (MU);
n
the subject property is located at 5713 First Avenue, South Stock Isl
M ile Marker 5, legally described as Block 34, Lots 11, 12, 13, 14, and 15, o ld's plat of
Stock Isla ( Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate
num ber 00124700.000000; and
Ord. No. 2018
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WHEREAS, the subject property is currently developed with a lawfully established light
industrial use, including a 9,963 SF auto parts/repair building and associated outdoor storage;
and
WHEREAS, the current Zoning designation of URM does not allow light industrial uses
and therefore the existing use is considered nonconforming to the provisions of the Land
Development Code; and
WHEREAS, Standard Marine Supply Corp is requesting a change to the Zoning
designation in order to eliminate the nonconformity for the existing light industrial use; and
WHEREAS, the applicant has submitted an application for a corresponding Future Land
Use Map (FLU M) amendment for the subject parcel from Residential High (RE) to Mixed
Use/Commercial (MC); and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 13 day of December, 2016;
and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 25
day of January, 2017, for review and recommendation on the proposed Future Land Use Map
amendment; and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P I 1- 17
recommending approval of the proposed Zoning map amendment, contingent on adoption ani
effectiveness of the corresponding FLUM amendment; and
WHEREAS, based upon the documentation submitted and information provided in the
zccompanying staff report, the BOCC makes the following Findings of Fact:
1. Prior to the 1986 adoption of the County's current land development regulations and
their associated land use district maps, the subject property was within a BU-2 district
(Medium Business), and
Ord. No. -2018
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Ord. No. -2018
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adverse change in community character, as analyzed in the Monroe County Year
2030 Comprehensive Plan;
b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
changed projections, data errors, and new issues; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
follows:
This Land Use District (Zoning) map amendment is contingent on adoption and
effectiveness oft e corresponding PLUM amendment from Residential High (RH)
to Mixed Use/ Commercial (MC).
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3.. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
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Section 4. TransmittaI. This ordinance shall be transmitted to the Florida State Land
Planning Agency as required by F.S. 380.05(l 1) and F.S. 380.0552(9).
Section 5. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land
Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
120 of the Florida Statutes.
Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The
provisions of this Ordinance shall be included and incorporated on to the Official
Land Use District Map of Monroe County.
Section 7. Effective Date. This ordinance shall become effective as provided by law and
stated above.
PASSED AND ADOPTED by the Board of County Commissioners • Monroe County,
Florida, at a regular meeting held on the 17 1h day of January, 2018.
M.
NM
Tff"WKWE� • K177UTUHREIP
III i ll AS TO FORM
Ord. No. -- -20
Page
Exhibit A to Ordinance# -2018
LAUREL AVE
MACDONALD AVE
00124700 - 000000
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1 ST AVE
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of one parcel of land in Stock Island having Real Estate Number: 00124700 - 000000
from Urban Residential Mobile Home (URM) to Mixed Use (MU). N
A
0.7.c
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources
From: Emily Schemper, Assistant Director of Planning & Environmental Resources
Date: December 24, 2017
Subject: REQUEST BY STANDARD MARINE SUPPLY CORP TO AMEND THE MONROE
COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL -
MOBILE HOME (URM) TO MIXED USE (MU), FOR PROPERTY LOCATED AT
5713 FIRST AVENUE SOUTH, STOCK ISLAND.
Meeting: January 17, 2018
I. REQUEST
On October 11, 2016, Standard Marine Supply Corp (Agent: Trepanier & Associates) submitted an
application requesting to amend the Land Use District (Zoning) map of the Monroe County Land
Development Code (LDC) from Urban Residential - Mobile Home (URM) to Mixed Use (MU) for
property located at 5713 First Avenue South, Stock Island, having real estate number
00124700.000000.
File # 2016 -176 Page 1 of 10
Packet Pg. 3276
Existing Zoning
Proposed Zoning
IL BACKGROUND INFORMATION
Site Information
Location: Stock Island,
Address: 5713 First Avenue
Legal Description: Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of Stock Island
(Plat Book 1, Page 55), Stock Island, Monroe County, Florida
Real Estate Number: 00124700.000000
Owner /Applicant: Standard Marine Supply Corp
Agent: Trepanier & Associates
Size of Site: 31,250 SF (0.72 acres)
Land Use District (Zoning): Urban Residential - Mobile Home (URM)
FLUM Designation: Residential High (RH)
Tier Designation: Tier 3
Flood Zones: AE (EL 9)
Existing Use: Light Industrial (Car Quest Auto Parts)
Existing Vegetation/Habitat: Scarified
Community Character of Immediate Vicinity: Adjacent land has Zoning designations of
MU, RV, URM, and URM -L. Adjacent uses include mobile home parks, commercial retail,
restaurant, and light industrial uses.
With the adoption of the Comprehensive Plan's FLUM in 1997, the subject parcel was given its
current FLUM designation of Residential High (RH).
The subject parcel has a current Land Use District (Zoning) designation of Urban Residential Mobile
(URM). The property was within a BU -2 (Medium Business) district prior to September 15, 1986
when it was re- designated as Urban Residential - Mobile Home (URM) (the final adoption of the
Zoning map was in 1992). In 1996, Ordinance 009 -1996 amended the zoning designation of
adjacent Lots 1 -10 and 16 -20 on the same block (Block 34) from URM to Urban Residential Mobile
Home — Limited (URM -L). The revised zoning map drawn based on Ordinance 009 -1996 erroneously
included Lots 11 -15 (the subject property) within the new URM -L boundary. There has been
confusion over whether the subject parcel currently has a zoning designation of URM or URM -L.
Based on the legal description provided within the text of Ordinance 009 -1996, Lots 11 -15 were
never officially changed from URM to URM -L, and therefore the subject property has a current
zoning designation of URM.
The subject property is currently developed with a light industrial use, including a 9,963 SF auto
parts /repair building and associated outdoor storage.
The applicant is also requesting a corresponding amendment to the FLUM designation for the
property from RH to Mixed Use /Commercial (MC). The subject of this staff report is the proposed
Zoning amendment
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.
File # 2016 -176 Page 2 of 10
Lawful Nonconformity
On June 18, 2012, the Planning & Environmental Resources Department issued a Letter of
Development Rights Determination (LDRD) (with an addendum issued on August 13, 2012), which
recognized the existing light industrial use as lawfully established and also determined that the
existing building consists of 9,963 square feet. Note: although the LDRD was written under the
assumption that the subject property had a zoning designation of URM -L, as mentioned earlier, it
has now been determined that the property's zoning designation is URM. The findings of the LDRD
are still applicable to the property with a URM zoning designation, as described below.
The existing light industrial use on the subject parcel is not a permitted use in the URM zoning
district. Section 130 -99 of the Monroe County Land Development Code (LDC) does not list light
industrial uses as permitted as of right, or with a minor or major conditional use permit.
Additionally, §130 -164 does not include any nonresidential intensity standard for light industrial
uses within the URM district.
The existing light industrial use is therefore inconsistent with the URM zoning category, as it does
not conform to its permitted uses or density and intensity standards. As such, the use is considered
nonconforming to the provisions of the LDC, and as it was lawfully established, the light industrial
use may continue to exist per the nonconformity policies of §102-56.
The applicant is requesting to amend the zoning designation from URM to MU in order to eliminate
the nonconformity. The proposed zoning amendment, together with the associated proposed FLUM
amendment from RH to MC, will eliminate the nonconformity of the use.
The current Planning & Environmental Resources Department's fee schedule (adopted August 17,
2016 by Resolution #152 -2016) includes a special provision for properties with certain
nonconforming uses. The BOCC first adopted this provision as an amendment to the fee schedule on
April 18, 2012 by Resolution #127 -2012. This resolution amended the Planning & Environmental
Resources Department's fee schedule to waive application fees for property owners applying for a
LUD map and /or FLUM amendment that eliminates a lawfully established nonconforming use
created with the final adoption of the LUD map and /or FLUM, and which does not create an adverse
effect on the community. To be exempt from the LUD 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 LUD map.
On August 8, 2013, Monroe County Planning staff issued a Letter of Understanding (LOU)
concerning the property (File #2013 -080; Exhibit 1). As detailed in the LOU, staff has found that
there is satisfactory evidence that the existing light industrial use on the site was lawfully
established, and also existed lawfully in 1992 and was deemed nonconforming by final adoption of
the LUD map; and the use existed lawfully on the site in 1997 and was deemed nonconforming by
final adoption of the FLUM. Note: although the LOU was written under the assumption that the
subject property had a zoning designation of URM -L, as mentioned earlier, it has now been
determined that the property's zoning designation is URM. The findings of the LOU are still
applicable to the property with a URM zoning designation, as described in this staff report.
File # 2016 -176 Page 3 of 10
In the LOU, staff also determined that, if the applicant requests a FLUM and /or LUD designation
that permits the existing light industrial use, the request would qualify for the fee exemption to the
FLUM and /or LUD Amendment. The applicant's request to change the FLUM designation of the
property to MC would permit the existing light industrial use, and the applicant's request to change
the Zoning designation to MU would permit the existing light industrial use; therefore, the requests
qualify for the fee exemption.
Livable CommuniKeys Plan
Comprehensive Plan Policy 101.19.1 states, "Monroe County shall develop, maintain, and update
periodically, as appropriate, with public input, the Livable CommuniKeys Community Master
Plans." These "CommuniKeys Plans" implement a vision that was developed by the local
community.
In 2007, the BOCC adopted Policy 101.19.2(5) which incorporated the Stock Island/Key Haven
Livable CommuniKeys Plan into the Monroe County Comprehensive Plan. Strategy 2.2 of the plan
states, "Review and evaluate the land use designation of lawfully established non - conforming land
uses and structures within the planning area to determine appropriate Land Use District
designation." Action Item 2.2.1 of the plan states, "Promote community character, establish
conformance and resolve land use issues by identifying and changing the land use designation on
parcels of land containing non - conforming uses and rezone as appropriate."
The proposed LUD map amendment and associated FLUM amendment implement this Strategy and
Action Item of the Stock Island/Key Haven Livable CommuniKeys Plan by resolving an existing
lawfully established land use nonconformity within the planning area.
Prior County Review
On December 13, 2016, at a regularly scheduled meeting, the Monroe County Development Review
Committee considered the proposed amendment and provided for public comment.
On January 25, 2017, at a regularly scheduled meeting, the Monroe County Planning Commission
held a public hearing for review and recommendation on the proposed Zoning map amendment and
recommended approval to the BOCC (Resolution P11 -17).
III. AMENDMENT REVIEW
Maximum Allocated Density and Intensity by Land Use District (Zoning)
The table on the following page provides an approximation of the development potential for
residential, transient and commercial development. Section 130- 156(b) of the Land Development
Code states: "The density and intensity provisions set out in this section are intended to be applied
cumulatively so that no development shall exceed the total density limits of this article. For example,
if a development includes both residential and commercial development, the total gross amount of
development shall not exceed the cumulated permitted intensity of the parcel proposed for
development."
File # 2016 -176 Page 4 of 10
Existing Zoning
Type
Adopted
Development
Standards
Potential
Urban Residential Mobile
Residential
Allocated Density /Acre
1 du/lot
5 du
Home — Limited (URM)
Transient
5 rooms /spaces
3.6 rooms /spaces
0.72 acres
Allocated Density /Acre
/acre
(31,250 sf)
Nonresidential
5 platted lots
Maximum Intensity
0 FAR*
0 sf*
Proposed Zoning
Type
Adopted',
Development
Standards
Potential
Residential
1 du /acre
0.7 du
Mixed Use (MU)
Allocated Density /Acre
Transient
10 rooms /spaces
7.2 rooms /spaces
0.72 acres
Allocated Density /Acre
/acre
(31,250 sf)
Nonresidential
M
Maximum Intensity
0.40 FAR
12,500 sf
Residential: -4.3 du
Net Change in Development
Transient: +3.6 rooms /spaces
Potential Based on Zoning
Nonresidential: +12,500 sf
*LDC Section '130 -164 states: "Where commercial uses are allowed as permitted uses, and no FAR is
given, the maximum per lot stated in article III of this chapter shall prevail." However, although Section
130 -99 lists commercial and office uses as permitted uses in the'URM district, the corresponding FLUM
category of RH does not allow nonresidential uses and has an FAR of 0, per Policy 101.5.25.
As shown in the table above, the proposed zoning amendment would result in a decrease in
residential development potential of 4.3 dwelling units, an increase in transient development
potential of 3.6 rooms or spaces, and an increase in nonresidential development potential of 12,500
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.
File # 2016 -176 Page 5 of 10
Compatibility with the Surrounding Area
0 Species
11 Species
4 Spec)
a. Existing Vegetation/Habitat: Scarified
b. Existing Tier Designation: Tier 3
c. Endangered Species Habitat: zero species focus areas or buffers
d. Existing Use: Light Industrial /auto repair
e. Community Character of Immediate Vicinity: Adjacent uses include mobile home parks,
commercial retail, restaurant, and light industrial uses.
The proposed change in zoning designation is consistent with the historical use of the subject
property (light industrial) as well as the character of surrounding commercial, light industrial, and
high density residential uses.
Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Traffic Circulation (Comprehensive Plan Policy 301.1.1)
The subject property is located on Stock Island with nearest access to US1 via 2nd Street at
approximate mile marker 5. The 2015 US 1 Arterial Travel Time and Delay Study for Monroe
County indicates levels of serve (LOS) of "B" for Segment 1 (Stock Island, mm 4.0 -5.0), with 1,986
reserve trips. U. S 1 is required to maintain a LOS of "C" in order to support development.
The proposed zoning amendment would result in a decrease of 4.3 dwelling units in permanent
residential development potential, an increase in transient development potential of 3.6 rooms or
spaces and an increase in nonresidential development potential of 12,500 sf. At the time of any
development approval on the site, traffic concurrency will be reviewed and must maintain a LOS of
"C" on Segment 1 of US 1. Therefore, the proposed zoning amendment is not anticipated to
adversely impact the Traffic Circulation LOS.
File # 2016 -176 Page 6 of 10
Potable Water (Comprehensive Plan Policy 701.1.1)
FKAA's Water Treatment Facility in Florida City has a maximum water treatment design capacity
of 29.8 million gallons per day (MGD). This consists of 23.8 MGD from the Biscayne Aquifer
through the primary conventional water treatment process and 6 MGD from the brackish Floridan
Aquifer through the secondary Reverse Osmosis (RO) treatment plant. 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 2015 projection for annual average daily demand is 17.76
MGD which is well below FKAA's Water Use Permit amount of 23.98 MGD.
Per Policy 701.1.1, the adopted LOS for potable water in Monroe County is 100 gal /capita /day. The
proposed zoning amendment would result in a decrease of 4.3 dwelling units in permanent
residential development potential, and therefore is not anticipated to adversely impact the Potable
Water LOS.
Solid Waste (Comprehensive Plan Policy 801. 1.1
Monroe County has a contract with Waste Management through September 30, 2024. The contract
authorizes the use of in -state facilities; thereby, providing the County with approximately seven
years of guaranteed capacity for the haul out and disposal of 95,000 tons /year of solid waste not
including yard waste.
The proposed zoning amendment would result in a decrease of 4.3 dwelling units in permanent
residential development potential, and therefore no additional solid waste demand. Solid waste for
nonresidential development is handled by private contract. Therefore, the proposed zoning
amendment is not anticipated to adversely impact the Solid Waste LOS.
Sanitary Sewer (Comprehensive Plan Policy 901.1.1)
The property is connected to the Key West Resort Utilities sewer system. The proposed zoning
amendment is not anticipated to adversely impact the Sanitary Sewer LOS.
A. The proposed amendment is consistent with the following Goals, Objectives and Policies of
the Monroe County Year 2030 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 101.1
Monroe County shall ensure that all development and redevelopment taking place within its
boundaries does not result in a reduction of the level -of- service requirements established and
adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive plan
amendments include an analysis of the availability of facilities and services or demonstrate that the
adopted levels of service can be reasonably met.
File # 2016 -176 Page 7 of 10
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.6
The principal purpose of the Mixed Use /Commercial (MC) future land use category is to provide for
the establishment of mixed use commercial land use (zoning) districts where various types of
commercial retail and office may be permitted at intensities which are consistent with the
community character and the natural environment. Employee housing and commercial apartments
are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and
conserve areas of mixed uses, which may include maritime industry, light industrial uses,
commercial fishing, transient and permanent residential, institutional, public, and commercial retail
uses.
This future land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and nonresidential uses may
be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
The County shall continue to take a proactive role in encouraging the preservation and enhancement
of community character and recreational and commercial working waterfronts.
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, zoning districts, Future Land Use
categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
important part of the community character and the County desires to maintain such character and
protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
GOAL 102
Monroe County shall direct future growth to lands which are most suitable for development and
shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach
berm and tropical hardwood hammock).
Stock Island/Key Haven Livable CommuniKeys Master Plan
Strategy 2.2
Review and evaluate the land use designation of lawfully established non - conforming land uses and
structures within the planning area to determine appropriate Land Use District designation.
Action Item 2.2.1
Promote community character, establish conformance and resolve land use issues by identifying and
changing the land use designation on parcels of land containing non - conforming uses and rezone as
appropriate.
File # 2016 -176 Page 8 of 10
B. 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 or
boundary was based;
As stated by the applicant, "The property has always been a commercial property and
has never been used for residential. The designation of [URM] zoning was an error
which occurred as part of the development of the 1986 zoning map."
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 I of the plan;
As stated by the applicant, "The property was incorrectly zoned [URM] in the 1986
zoning maps. The property has always been commercial and the proper zoning is Mixed
Use (MU). The map error made the property non - conforming."
Staff notes that on June 18, 2012, the Planning & Environmental Resources
Department issued a Letter of Development Rights Determination (LDRD), which
recognized the existing light industrial use as lawfully established since the 1960s and
also determined that the existing building consists of 9,963 square feet.
Staff points out that the applicant has proposed a corresponding FLUM amendment
changing the FLUM designation on the site from Residential High to Mixed
Use /Commercial. The proposed Zoning map amendment is necessary to be consistent
with the proposed FLUM amendment. Note, Sections 163.3194 and 163.3201, F.S.,
require land development regulations to be consistent with and implement the
Comprehensive Plan.
4. New issues;
As stated by the applicant, "The commercial use of the property is a legally non-
conforming use. However, the [URM] zoning makes basic commercial activities, such
as installing a sign, much more complicated and difficult. MU zoning will alleviate this
unnecessary zoning hardship."
5. Recognition of a need for additional detail or comprehensiveness; or
N/A
6. Data updates;
N/A
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
File # 2016 -176 Page 9 of 10
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 adjacent to commercial, light industrial and high density residential uses
and has historically been used for light industrial uses (since the 1960s). It is anticipated that the
proposed Zoning map amendment for the site will not result in an adverse community change to
the surrounding area.
V. STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment to the Land Use District (Zoning) map of
the Monroe County Land Development Code (LDC) from Urban Residential - Mobile Home (URM)
to Mixed Use (MU) for property located at 5713 First Avenue South, Stock Island, having real estate
number 00124700.000000, contingent upon adoption and effectiveness of the corresponding FLUM
amendment from RH to MC.
VI. EXHIBITS
1. LOU dated August 8, 2013.
2. Proposed Zoning Map Amendment.
File # 2016 -176 Page 10 of 10
Exhib
County of Monroe
Growl.�Man�em�en Divisiov
PDartment
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
BINS 1 I loll I
Danny L. Kolhage, Dist. 1
David Rice, Dist, 4
Sylvia 1. Murphy, Dist. 5
August 8, 2013
Trepanier & Associates, Inc.
Attn: Owen Trepanier
PO Box 2155
Key West, FL 33045
SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE 'STANDARD
MARINE SUPPLY CORP" PROPERTY, LOCATED AT 5713 FIRST
AVENUE, STOCK ISLAND, HAVING REAL ESTATE NUMBER
00124700.000000
Materials presented for review included:
(a) Pre-Application Conference Request Fonn;
(b) Monroe County Property Record Card; and
(c) Monroe County Land Use District Map and Future Land Use Map.
5713 1 o Avenue, Stock Island, Letter of Understanding (File 42013 -080) Page I of 6
4 1
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Pursuant to MCC §102-55, all known, lawful nonconforming uses may be registered with the
Planning & Environmental Resources Department. Once discovered and determined to be
lawful, the planning director, or his or her designee, shall add recognized lawful nonconforming
uses to an official registry.
IIIN !I ENRON 1111 1 ;11111 � 11111111gill 1
Based on a review of documentation concerning such businesses, the business as described in the
letter of understanding application and at the pre-application conference is a light industrial use.
It thereby may utilize the subject property under its current URM-L LUD and RH FLUM
designations.
In general, lawful nonconforming uses may continue so long as the nonconformity is not
expanded. Normal maintenance and repair to permit continuation of nonconforming uses
registered in accordance with MCC § 102-5 5 may be performed.
The floor area within the existing building may be used in its entirety for the light industrial use,
which includes storage, and administrative activities associated with the light industrial use. In
addition, limited outdoor storage may exist. Outdoor storage a) may not be located in a required
setback (per MCC §130-186), b) may not include any items that would result in significant
5713 I' Avenue, Stock Island, Letter of Understanding (File #2013-080) Page
impacts on adjacent uses in terms of noise, hazards and odors (per MCC § 10 1 -1, heavy industrial
use), and may not exceed 9,963 square feet in area (per MCC § 10 1 - 1, heavy industrial use).
Note: This decision is by the Planning & Environmental Resources Department and pertains to
use under the CP and MCC only. The Applicant is advised to consult with the Office of the Fire
Marshal and Building Department to determine the applicability of regulations, and possible
restrictions, outside of the CP and MCC that pertain to the proposed items to be stored as part of
the business, such as the chlorine.
Ili I I I I i III I I I I I I IN I I 11111 gill 1 11
The Board of County Commissioners passed and adopted a Planning & Environmental
Resources Department's fee schedule (currently Resolution #183-2013). Of relevance to the
subject property and the development thereon, the fee schedule currently includes the following
provision:
5713 1" Avenue, Stock Island, Letter of Understanding (File #2013-080) Page 4 of 6
ii�'' 11 'j, 1 11
For your information, the following FLU M categories and underlying LUD categories would
permit light industrial use:
Mixed Use / Commercial Fishing (MCF) FLU M:
o Commercial Fishing Area (CFA) LUD: MCC §130-77(c)(9) [provided that light
industrial uses are intended to serve the needs of the commercial fishing industry]
5713 1' Avenue, Stock Island, Letter of Understanding (File #2013-080) Page 5 of 6
E3
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Highway, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
Sincerely yours,
Townsley chw , Senior Director of Planning & Environmental Resources
CC: Joseph Haberman, Planning & Development Review Manager
Mayte Santamatia, Assistant Director of Planning & Envirom Resources
Michael Roberts, Senior Administrator of Environmental Resources
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shng Special DR - Destination Resort; I Industrial IS Subdivision;
Improved MF Mil Facilities; - Military Faes Ml Maritime Idstre;MN =Maul
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Future Land Use
Growth Management Division
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We strive to be caring, professional, and fair.
The Monroe County Land Use District is proposed to
be amended as indicated above and briefly described as:
Key: Stock Island Mile Marker: s Map Amendment # Developed nd
Acreage: 0.73 Land Use District Map #: sus
I
Ordinance No.:
Date of Adoption
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Proposal: La e of one Parcel l'n an R having
Reol al E di Est t 0 N mbar:00124]00 (land andn, U, f Urban es'd tai
Mnb'I H me(URM)to M'xed Use (MU)
Property Description:
RE Number: 00124700- 000000
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