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Item R2BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: R.2 Agenda Item Summary #2034 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500 3:OOPM AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use/Commercial (MC), for property located at 105030 Overseas Highway, Key Largo, Mile Marker 105, legally described as Block 3, Lot 11, of the Revised Amended Plat of Riviera Village Subdivision (Plat Book 2, Page 80), Key Largo, Monroe County, Florida, having Real Estate 4 00510640-000000, as proposed by 3JL, LLC (formerly Andrew Andrushko). ITEM BACKGROUND: On January 11, 2016, the property owner, Andrew Andrushko, submitted an application requesting an amendment to the Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use/Commercial (MC) for the property located at 105030 Overseas Highway, Key Largo, having Real Estate number 00510640.000000. The present applicant, 3JL, LLC, purchased the property on September 13, 2016 from the former applicant, Andrew Andrushko. On September 15, 2016 3JL, LLC, the new property owner, submitted a revised application requesting to continue with the amendment to the Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use/Commercial (MC) for the property located at 105030 Overseas Highway, Key Largo, having Real Estate number 00510640- 000000. The subject property currently has a Future Land Use Map (FLUM) designation of Residential Medium (RM) and a Land Use District designation of Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow an office use and the use is considered nonconforming to the provisions of the code and the comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing office use from Residential Medium (RM) to Mixed Use/Commercial (MC). If approved, the proposed FLUM amendment, together with the associated LUD amendment (IS to MU), would eliminate the nonconformity to the existing office use. On May 22, 2015, Monroe County Planning staff issued a Letter of Understanding, which determined that the existing office use existed lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff also determined that the existing office use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the FLUM. The proposed FLUM amendment would result in a decrease in residential development potential of 1 dwelling unit. The maximum increase in nonresidential development potential would be 1,176 square feet. On June 15, 2016, the BOCC transmitted the draft ordinance for the proposed FLUM amendment 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 September 6, 2016. The ORC report did not identify any objections or comments on the proposal. PREVIOUS RELEVANT BOCC ACTION: On June 15, 2016, at a regularly scheduled meeting, the Board of County Commissioners adopted Resolution 4133-2016, transmitting to the state land planning agency an ordinance amending the FLUM for the subject property from RM to MC. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Ordinance_ adopt FLUM RM to MC Ordinance - Exhibit 1 - Location Map DEO Objections, Recommendations & Comments (ORC) Report Staff Report Letter of Understanding 5/22/2015 Existing Future Land Use Map (FLUM) Proposed Future Land Use Map (FLUM) Development Review Committee Resolution No. DRC 01-16 Planning Commission Resolution No. P13-16 BOCC Resolution No. 133-2016 FLUM Transmittal to DEO 3JL, LLC info FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: h]11T/1IH11." If yes, amount: Kevin Bond Completed Mayte Santamaria Completed Assistant County Administrator Christine Hurley 10/03/2016 10:27 AM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 09/29/2016 10:01 AM 09/29/2016 12:03 PM Completed 10/04/2016 11:08 AM 10/04/2016 1:03 PM 09/29/2016 11:02 AM 09/29/2016 11:02 AM 10/04/2016 1:44 PM 10/04/2016 1:48 PM 10/19/2016 9:00 AM MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2016 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/1`80 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00510640-0000009 AS PROPOSED BY UL, LLC (FORMERLY ANDREW P. ANDRUSHKO); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDNG FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENMENT TO THE FUTURE LAND USE MAP; PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, on September 15, 2016, 3JL, LLC (formerly on January 11, 2016 by Andrew P Andrushko) submitted a revised application requesting to amend the Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential Medium (RM) to Mixed Use/Commercial (MC); and WHEREAS, the subject property is located at 105030 Overseas Highway, Key Largo, approximate mile marker 105 and is described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000; and WHEREAS, an office use exists at the subject property with a current FLUM designation of RL, which does not allow a commercial office use in the current configuration, and the current use is therefore considered nonconforming to the provisions of the current Comprehensive Plan; and Ordinance. No. -2016 Page 1 of 4 • * , •, 1 •rZ• VI•- * ,. WHEREAS, 3JL, LLC is requesting a change to the FLUM designation in order to eliminate the nonconformity for the existing office use; and WHEREAS, at a regularly scheduled meeting held on the 29`h day of March, 2016, the Monroe County Development Review Committee considered the proposed amendment and recommended approval; memorialized by Resolution No. DRC 01-16; and WHEREAS, at a regularly scheduled meeting held the 27`h day of April, 2016, the Monroe County Planning Commission held a public hearing for the purpose of considering the proposed Future Land Use map amendment; and WHEREAS, the Monroe county Planning Commission made the following findings of fact and conclusions of law: 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service (LOS); 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan; 5. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); and 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.). WHEREAS, the Monroe County Planning Commission passed Resolution No. P13-16, recommending to the Monroe County Board of County Commissioners approval of the proposed amendment contingent upon the effectiveness of the BOCC directed amendment to Policy 101.4.20, which will be renumbered as Policy 101.5.26 in the 2030 Comprehensive Plan; and WHEREAS, at a regularly scheduled meeting held on the 15`h day of June, 2016, the Monroe County Board of County Commissioners held a public hearing, considered the staff report, and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process, and approved Resolution No. 133-2016 to transmit to the State Land Planning Agency (the Department of Economic Development, or "DEO") an ordinance to amend the subject property's Future Land Use Map designation from Residential Medium (RM) to Mixed Use/Commercial (MC); and Ordinance. No. _ -2016 Page 2 of 4 WHEREAS, on September 6`h, 2016, the County received the State Land Planning Agency's Objections, Recommendations, and Comments (ORC) report, which included no objections or comments on the proposed FLUM amendment; WHEREAS, the County has 180 days from the date of receipt of the ORC report to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment; and WHEREAS, the Monroe County Board of County Commissioners makes the following Conclusions of Law: 1. The ordinance is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 2. The ordinance is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 3. The ordinance is consistent with the provisions and intent of the Monroe County Code; and WHEREAS, at a regularly scheduled meeting on _ day of , 2016, the BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan map amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is amended as follows: The Future Land Use Map designation for the property described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000 is changed from Residential Medium (RM) to Mixed Use/Commercial (MC), as shown on Exhibit 1, attached hereto and incorporated herein. 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. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in Ordinance. No. -2016 Page 3 of 4 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, Florida Statutes. Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be incorporated in the Monroe County Year 2030 Comprehensive Plan and included on the Future Land Use Map. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2016. Mayor Heather Carruthers Mayor Pro Tem George Neugent Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy Attest: AMY HEAVILIN, CLERK LE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor Heather Carruthers (SEAL) MONROE COUNTY ATTORNEY A OV AS STi ,r'E Y T. ft,a.. AMS ASSISTANT CJU ATTORNEY Date Ordinance. No. -2016 Page 4 of 4 Exhibit 1 to Ordinance# -2016 O� TARPON AVE 0051064 -0 MARLIN AVE ELF 105 Q� Q5 J� O POMPANO DR BON A AVE The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change of one parcel of land in Key Largo having Real Estate Number 00510640-000000 from Residential Medium (RM) to Mixed Use/Commercial (MC). N A iJIF MEMO Z94 Rol RIANINIM Wall P! �#-� � * The Honorable Heather Carruthers Mayor, Monroe County Board of County Commissioners 500 Whitehead Street, Suite 102, The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for Monroe County (Amendment No. 16-3ACSC), which was received and determined complete on July 7, 2016. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part 11, F.S. The Department of Economic Opportunity does not identify any objections or to the proposed Review comments received by the Department of Economic Opportunity from the appropriate reviewing agencies are enclosed. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(4)(e)l, provides that if the of the Department of Economic Opportunity report, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. Foryour assistance, we have enclosed the procedures for final adoption and transmittal of the ME M- Ronal i le artme nomicVpportun 850.245.7105 1 wwwYloridaJobs.orp www.twitter.com/FLDEO Iwww.facebook.corn/FLDE0 00 11 1♦1, 1111 a as 1 Service at 711. H September 2, 2016 Page 2 of 2 If you have any questions related to this review, please contact Barbara Powell, at (850) 717-8504, or by email at Barbara, Powell@deo.myflorida.COM. Sincerely, / J BureauJames D. Stansbury, Chief m s u Cof Community Planning MR= ,• Agency Comments cc: Ms. Mayte Sant aria, Senior Director Planning and Environmental Resources, Monroe County Ms. Isabel Cosio Car alto, Executive Director, South Florida Regional Council NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate count- WYj% G-# v f W., 2� -ro.Nw 2�1 14rWnWk:5 ' 44% qn4 the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting th(.- adopted amendment: State Land Planning Agency identification numberflor adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Certification that the adopted amendment(s) has been submitted to all parties tha p1rovided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. — amendment package: In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; The effective date of this plan amendment, if the amendment is not timely challenged, shky 'W��e 71W.A-kup &MMTMFV��- amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency - List of additional changes made in the adopted amendment that the State Land Planni ;k6`ency did not previously review; i. List of findings of the local governing body, if any, that were not included in the ordinance ?.nd which provided the basis of the adoption or determination not to adopt the proposed dment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency to the ORC report from the State Land Planning Agency, 10 I WWINNCEMM� SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT CONSENT 1GEND4, Pursuant to Section 163.3184, Florida Statues, Council review of amendments to local government comprehensive plans is limited to 1) adverse effects on regional resources and facilities identified in the Strategic Regional Po inconsistent with the comprehensive plan of any affected local government within the Region. A written report containing an evaluation of these impacts, pursuant to Section 163.3184 ' Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Council staff has not identified adverse effects to ng,14Y.24M "ixirwouxi impacts that would result from the following map and text amendments. Recommendation Find the proposed and adopted plan amendments from the local governments listed in the tables below generally consistent with the Strategic Regional Policy PlanforSouth Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. A South Florida Regional Council 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 954.985A416 Phone, 954.985-4417 FAX www.sfregionalcouncii.org Local Council Local Government Governing . Government Proposed Adopted Review Transmittal or Adoption Bo . dy Adoption and Plan Date Public Hearing and Vote Amendment Meeting Number Monroe County 16-3ACSC N/A 08/08/16 06/15/16 5-0 (received 07/01/16) 1. The proposed amendment tote Monroe County Comprehensive Plan is a change to the —Future Land Use Map to recognize an existing non -conforming office use. The Future Land use designation on the affected property would change from Residential Medium (RM) to Mixjed use/Commercial (MC). 2. The affected property is located at 105030 Overseas Highway, Key Largo, Mile Marker 105, and is 3,000 square feet/0.06887 acres of upland. 3. This amendment does not create any adverse impact to state or regional resources/facilities. Town of Cutler Bay 16-1ER N/A 08/08/16 06/30/16 5- (receive 07/11/16) 1. The proposed amendment to the Town of Cutler Bay seeks to amend the Town Growth Management Plan to address the effects of climate change. 2. The affected amendment area would encompass the entire Town of Cutler Bay with emphasis on areas with lower elevations. 3. This amendment does not create any adverse impact to state or regional resources/facilities. City ofis i Beach 16-1ER N/A 08/08/16 07/13/16 5-0 (received 07/20/16) 1. The proposed amendment to the City of Miami each Comprehensive Plan seeks to provide tools that will better allow the City to address issues related to sea level rise, coastal flooding, and storm surges pursuant to the requirements of 2015 Florida Senate Bill 1094 entitled "Peril of Flood". Additionally, the amendment proposes to designate the City as an Adaptation Action Area (AAA). 2. The amendment designates the entire City as an Adaptation Action Area with the purpose of prioritizing funding for infrastructure and adaptation planning. The amendment also adds and amends policies in the Comprehensive Plan with the intent to improve storm sewer and drainage levels of service, including the use of landscaping techniques to enhance storm water management, and incorporating minimum freeboard requirements into the Land Development Regulations. 3. This amendment does not create any adverse impact to state or regional resources/facilities. erniqlon Y Local Council Local Government Governing Government Proposed Ado d pte Review Transmittal or Adoption Body Adoption and Plan Vot Date Public Hearing and Vote Amendment Meeting Number City of Opa- Vlocka 16-IESR V N/A 08/08/16 06/01/16 4-0 (received 07/14/16) -i. The proposed amendment will incorporate the City's 2015 20-Year Water Supply Facilities -Plan, adopted on May 25, 2016, into the City of Opa-locka Comprehensive Plan. Included is a new element to promote the use of water conservation use efficiency standards and guidelines, 2. The amendment area covers the City's entire 4.4 square miles and is bounded by NW 151 Street to the north, NW 119 Street to the south, NW 17 Avenue to the east and NW 47 Avenue to the west. 3. This amendment does not create any adverse impact to state or regional resources/facilities. City of Parkland 16-3ESR V N/A 08/08/16 06/22/16 4-1 (received 07/18/li 1. The pro ose amendment to the City of Parkland Comprehensive Plan seeks to change the designation of 148.3 acres from Low (3) Residential (Broward County) to Low (3) Residential (Parkland, FL) to reflect this property was officially annexed into Parkland effective March 20, 1974. 2. The affected amendment area of 148.3 acres is known as the McJunkln parcel and is located on the south side of Loxahatchee Road approximately 750 feet west of Riverside Drive at 11997 Loxahatchee Road. 3. This amendment does not create any adverse impact to state or regional resources/facilities. 0.0 Local Council Local Government Governing ProposedGovernment r ittal or Adoption Adoption Vote and Plant u lic Hearing and Meeting Amendment Number Monroe County 1-1CSC /A d //16 05/20/16 4-0 (received 7/20/16) 1. The adopted amendment revises the Monroe County Comprehensive Future Land Use Map to change the future land use designation fora property located at 97770 and 97702 Overseas Highway, key largo, Mile Marker 98 from Residential Low Density (L) to Mixed Use/Commercial (MC). The adopted amendment recognizes an existing non -conforming use of a property as a hotel and allows for improvements. 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. . The Department of Economic Opportunity objected to the proposed amendment, specifically recommending that the amendment a revised to allow for uses other than residential. It is notable that the entire amendment lies within the Military installation Area of Impact ( IAI). Monroe County responded to the objection by proposing and adopting amendment 16-2ACSC, creating Policy 107. .5 y Largo Mixed Use Area 2, to provide limitations on development andspecific restrictions on the amendment area. . The additional revisions do not create any adverse impacts. Monroe County 5-5ACSC /A V 08/08/16 /20/16 -0 (received 07/20/16) 1. The adopted amendment to the Monroe County Comprehensive Plan is a change to the Future Land Use Map to recognize an existing non -conforming use, specifically, the site known as "Harriette's Restaurant", located at 95710 Overseas Hwy, Key Largo, approximately MM 9. The adopted amendment amends the future land use designation from Residential Low (RL) to Commercial (COMM). 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. 3. The amendment was adopted as proposed. Local Council Local Government Governing Body Government Proposed Adopted Review Transmittal or Adoption Adoption Vote and Plan Date Public Hearing and Meeting Amendment Number Monroe County 16-IACSC N/A V 08/08/16 04/20/16 4-0 (received 07/20/16) 1. The adopted amendment revises the Monroe County Comprehensive Plan Future Land Use Map (FLUM) by changing the designation of a parcel of land located in Ocean Reef, Key Largo from Residential Conversation (RC) to Recreation (R) and Conservation (C) to allow for the development of a trail and passive recreational space. 2. This ' amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. 3. The amendment was adopted as proposed. Monroe County 16-2ACSC N/A V 08/08/16 04/20/16 4-0 (received 07/20/16) 1. The adopted amendment revises the Monroe County Comprehensive Plan to recognize aWn existing non -conforming use of a property as a hotel and allow for improvements. The amendment creates 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 977770 and 97702 Overseas Highway in Key Largo. 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. 3. The amendment was adopted as proposed. Islamorada, Village of Islands N/A V 8/08/16 07/23/16 4-1 15-5ACSC (received 07/20/16) 1. The adopted amendment revises the Islamorada, Village of Islands Comprehensive Plan Future Land Use Map to change the designation for four (4) parcels from Residential Medium (RM) to Mixed use (MU) located at approximately Mile Marker 87.4 and establishes Policy 1-2.11.1 Plantation Key Mixed use I (PKMUI). 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. 3. The Department of Economic Opportunity objected to the proposed amendment because the proposed sub -area policy would allow a floor area ratio higher than the underlying Mixed Use category. The Village of Islamorada responded to this objection by including further limitations on residential density specific to the four (4) parcels. Local Council Locat GovernmentGoverning Government roposed Adopted ReviewTransmittal or Adoption and Plan Dateis Hearing and Meeting Amendment Number Islaoraa, Village of Islands N/A d 08/08/6 07/21/1 -0 1-3CSC (received 7/2/16) 1. The adopted amendment revises Policy 1-.1.1 "establish a building permit allocation system ( PAS)" of the Village's Comprehensive Plan regarding the allocation of nonresidential floor area. All applications for the issuance of non-residential square footage shall be evaluated and ranked based on project merit including consideration o: o Focus on redevelopment versus new development o Development potential of the site o Provision of amenities associated with the proposed development o Provision of affordable housing in conjunction with the proposed project, and Environmental sensitivity of the proposed development site. 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. 3. The amendment was adopted as proposed. City of Parkland 16-1ER /A V 08/0 /16 06/22/16 7- (received 7/20/16) 1. The adopted amendment revises the City of Parkland Comprehensive Plan to allow for submittal of the City's adopted update of the Evaluation and Appraisal Report which reflects the impacts of the Wedge piece's annexations. 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state or regional resources/facilities. 3. The local government adopted the amendment as proposed. City of Parkland 16-2ESR N/A y 08/08/16 06/22/16 7-0 (received 7/20/16) 1. The adopted amendment incorporates the second reading of the 10-Year Water Supply Facilities Work Plan Update into the City of Parkland Comprehensive Plan to bring the City into compliance by updating data conditions and relevant regulatory changes from the South Florida Water Management District Lower East Coast Water Supply Plan. 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impacts to state or regional resources/facilities. . The local government adopted the amendment as proposed. Local Council Local Government Governing Body Government Proposed Adopted Review Transmittal or Adoption Adoption Vote and Plan Date Public Hearing and Meeting Amendment Number City of Sunny Isles Beach N/A V 08/08/16 05/19/16 5- 1 6-2 (received 07/08/16) 1. The adopted amendment revises the City of Sunny Isles Beach Comprehensive Plan to allow for adoption of the Evaluation and Appraisal Report and amendments to the community vision staternent,*, future land use ortation housing, recreation coastal management, infrastructure, conservation, intergovernmental coordination, and education facilities elements; and monitoring and ♦ amendments. 2. This amendment was previously reviewed by the Council and was determined to not create any adverse impact to state ♦ regional resources/facilities. 3. The local government made the following changes based on one objection and three comments cited by the Florida Department of Economic Opportunity: • Objection — Future land use map missing the associated time horizon should be revised to reflect "Year 2030 Future Land Use Map" • Comment — Revise the incorrect coastal high -hazard area mapping and missing definition of coastal high -hazard area • Comment — Implementation of recent statutory changes should be addressed, that is, identify and map flood risk in coastal areas and designate adaptation action areas (AAA) in flood risk areas • Comment — Clarify regulation of housing by tenure in the housing element 4. The additional revisions do not create anv adverse impacts. N - Ms. Mayte Santamaria il �798 Overseas highway, Suite 410 Marathon, Florida 33050 Re: DACS Docket # — 20160705-775 Monroe County CPPA 16-04 A Submission dated June 29,2011 The Floricil Denaltrite-ft *,jg V V - I — ACIT ITTITIWO the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the proposed amendment(s) are adopted. Based on our review of your county's submission, the Department has no comment on the proposal. rfwemavbeoffurthera Sincerely, cc: Florida Department of Economic Opportunity Monroe County 16-3 ACSQ 1-800-HELPFL, A www.freshFromFlorida.com I Eu an s, Ra From: Ray, Suzanne E. <Suzanne. E. Ray@dep.state.fl. us> Sent: Monday, August 01, 2016 11:28 AM To: Eubanks, Ray; DCPexternalagencycomments Subject: Monroe County 16-3ACSC Proposed I , ke: Monroe County 16-3ACSC — State Coordinated Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse ign-iscacl,,ow, inill i , ':::: '_ 11_ " I'll i . . I Feel free to contact me at Suzanne.e.ravademstate.fl.us or (850) 717-9037 for assistance or additiona— information. Please send all amendments, both proposed and adopted, to pIAn.review@Aep,.state.fl.us q5 • i 1 3 so 0 1 - 11011 Vuluc ol Intergovemmental Programs, Plan Reviel 2600 Blair Stone Rd. MS 47 Tallahassee, Florida 32399-2400 /jg" ­71" 0 Euban s, Ila From: Hight, Jason <Jason. Hight@ MyFWC.com > Sent: Tuesday, July 19, 2016 3:57 PM To: DCPexternalagencycomments" santamaria-mayte@monroecounty-fl.gov Cc: Wallace, Traci; Chabre, Jane; Gramovot, Alex Subject: Monroe County 16-3ACSC [16-04] nom 7(you need any further assistance%-clease do not hesit IT by email at FWCConservationPlann.ingServices@MyFWC.com. If you have specific technical questions, please contact Alex Gramovot at (8SO) 617-9408 or by email at Alex.GramovgL@myfwc.com. a= Jason Hight Biological Administrator 11 Office of Conservation Planning Services Vivisi4xif,Y?�Jtat aA4 S�mcfes C-insitrtrat4ft 620 S. Meridian Street, MIS 5135 Tallahassee, FIL 32399-1600 (850) 228-2055 Monroe County 16-3ACSC32279 Em The South Florida Water Management District (District) has completed its review of the proposed amendment package from Monroe County (County). The package includes one Future Land Use Map Amendment to recognize an existing non -conforming use, There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the Co Please forward a copy of adopted amendments to the District. Please contact me if you need assistance or additional informatirt. N= Ira, Mr4V'r1_W.TR South Florida Water Management District Water Supply Implementation Unit 3301 Gun Club Road, MSC 4222 West Palm Beach, FL 33406 Phone: 561-682-6779 Fax: 561-681-6264 1 E-Mail: tmanning@sfwmd,%Z Ve value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking on this link. 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Jf MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: From: Date: Monroe County Board of County Commissioners Mayte Santamaria, Senior Director of Planning & Environmental Resources Thomas A. Broadrick, AICP, Senior Planner September 28, 2016 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC), FOR PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 105, LEGALLY DESCRIBED AS BLOCK 3, LOT 11, OF THE REVISED AMENDED PLAT OF RIVIERA VILLAGE SUBDIVISION (PLAT BOOK 2, PAGE 80), KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE 4 00510640-000000, AS PROPOSED BY 3JL, LLC (FORMERLY ANDREW ANDRUSHKO); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE. (File 2016-007) Meeting: October 19, 2016 L REQUEST On September 15, 2016 3JL, LLC (formerly on January 11, 2016, Andrew Andrushko), the property owner, submitted a revised application requesting an amendment to the Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use/Commercial (MC) for the property located at 105030 Overseas Highway, Key Largo, having Real Estate number 00510640-000000. Future Land Use Map Amendment (File 4 2016-007) Page 1 of 14 48 49 50 51 52 53 54 55 56 57 58 59 IL BACKGROUND INFORMATION A. Site Information Location: Key Largo, Mile Marker 105 Bayside Address: 105030 Overseas Highway Legal Description: Block 3, Lot 11, Revised Amended Plat of Riviera Subdivision (PB 2-80) Key Largo, Monroe County, Florida Real Estate Number: 00510640.000000 Property Owner/Applicant: 3JL, LLC (formerly Andrew P Andrushko) 60 Agent: same 61 Size of Site: 3,000 square feet / 0.06887 acres of upland according to property appraiser 62 Land Use Map (Zoning) District: Improved Subdivision (IS) 63 Future Land Use Map (FLUM) Designation: Residential Medium (RM) 64 Tier Designation: HI -A Special Protection Area 65 Flood Zone: X (EL-9999) 66 Existing Uses: Office (nonconforming) 67 Existing Vegetation / Habitat: Scarified 68 Community Character of Immediate Vicinity: Single-family residential to the west 69 and behind the property; directly abutting to the north is a plumbing business with 70 residential use; directly across Marlin Avenue to the south is a Mixed Use (MU) district 71 with a pet boarding/grooming use. 72 Previous Zoning: The property was within a BU-1 district (Neighborhood Retail 73 Business, 1960-1973; Light Business, 1973-1986) prior to 1986, when the property was 74 re -designated IS (the BU-1 district was established in 1960). 75 76 Future Land Use Map Amendment (File 4 2016-007) Page 2 of 14 The applicant presently owns the building located on the property with RE #00510640.000000. According to the Property Appraiser's records, the building is 250 square feet and was constructed in 1939. Concerning the use of the building, the Monroe County Property Appraiser's Office has assessed the property under a property classification code of `17' (Office) from 1982 to present. The Property Appraiser's Office also had a historic property record card showing the building was assessed under a property classification code of ` 17' (Office) in 1974. As defined in MCC §101-1: Office means a use where business, professional or governmental services are made available to the public. B. Lawful Nonconformity The Letter of Understanding dated May 22, 2015 (Exhibit A) concluded that the office use on subject property is considered a lawful nonconforming use and may continue in accordance with Monroe County Land Development Code Section 130-83(e), Comprehensive Plan Policy 101.4.3 and the nonconforming use provisions set forth in Code Section 102-56. The subject property currently has a Future Land Use Map (FLUM) designation of Residential Medium (RM) and a Land Use District designation of Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow an office use and the use is considered nonconforming to the provisions of the code and the comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing office use from Residential Medium (RM) to Mixed Use/Commercial (MC). If approved, the proposed FLUM amendment, together with the associated LUD amendment (IS to MU), would eliminate the nonconformity to the existing office use. Monroe County Resolution No. 127-2012, approved on April 18, 2012, allows the applicant to apply for an exemption to the application fees for LUD and/or FLUM map amendment applications that would eliminate nonconforming uses created with the adoption of the existing designations and not create an adverse effect on the community. 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 and/or the existing use on the site was existing lawfully in 1997 and was deemed nonconforming by final adoption of the FLUM to be exempt from the FLUM amendment application fee. On May 22, 2015, Monroe County Planning staff issued a Letter of Understanding, which determined that the existing office use existed lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff also determined that the existing office use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the FLUM. C. Livable CommuniKeys Plan Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of Community Master Plans. These "CommuniKeys Plans" implement a vision that was Future Land Use Map Amendment (File 4 2016-007) Page 3 of 14 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 developed by the local community. In 2006, the Monroe County Board of County Commissioners adopted Comprehensive Plan Policy 101.20.2(5), which incorporated the Key Largo Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan. Action Item 1.3.2 of the Key Largo LCP states: Revise the FLUM and Land Use District Maps to resolve non -conformities in the planning area where appropriate. The proposed FLUM and associated LUD amendments would implement this Action Item of the adopted Key Largo CommuniKeys Plan. D. Public Hearings At its regularly scheduled meeting on March 29, 2016, the Monroe County Development Review Committee (DRC) reviewed and discussed the proposed FLUM amendment and recommended approval through Resolution No. 01-16. At its regularly scheduled meeting on April 27, 2016, the Monroe County Planning Commission (PC) reviewed and discussed the proposed FLUM amendment and recommended approval through Resolution No. P13-16. At its regularly scheduled meeting on June 15, 2016, the Board of County Commissioner (BOCC) adopted Resolution No. 133-2016 transmitting the proposed FLUM amendment to the State Land Planning Agency. III. AMENDMENT REVIEW DENSITY AND INTENSITY ANALYSIS (Comprehensive Plan Policy 101.4.22) The following table provides an approximation of the development potential for residential, transient, and nonresidential development. As shown in the table, the proposed FLUM amendment would result in a decrease in residential development potential of 1 dwelling unit. The maximum increase in nonresidential development potential would be 1,176 square feet. Development potential Existing FLUM Type Adopted Standards based upon density Residential 1 du/lot 1 unit Allocated Density/Acre Residential Medium Residential N/A N/A (RM) Max Net/Buildable Acre Transient 0 rooms/spaces 0 rooms/spaces I wal site; 01,6 acres Allocated Density/Acre 4a filet, acres Transient N/A N/A 11w Max Net/Buildable Acre Nonresidential Maximum Intensity 0 FAR 0 sf Future Land Use Map Amendment (File 4 2016-007) Page 4of14 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Proposed FLUM Type Adopted Standards Development potential based upon density Residential 1-6 du/ac 0.06 - 0.36 unit Allocated Density/Acre Residential 2-18 du/ac 0.1 - 0.9 unit Mixed Use/ Commercial (MC) Max Net/Buildable Acre Transient 5-15 rooms/spaces 0.25 - 0.75 rooms/spaces I wal site; 01,6 acres Allocated Density/Acre 4a k filet, acres Transient 10-25 rooms/spaces 0.5 - 1.25 room/spaces p aces 11w Max Net/Buildable Acre Nonresidential 0.10-0.45 261 - 1,176 sf Maximum Intensity Net Change: Residential (Allocated): (-1 units) Residential (Max Net): +0.9 units Transient (Allocated): 0 rooms/spaces* Transient (Max Net): +1 rooms/spaces* Non Residential: +1,176 square feet The above table 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." There are no existing residential uses within the subject property. Any new residential use must follow the Rate of Growth Ordinance (ROGO) permit process. An existing affordable residential use may also be transferred to the subject property from a sender site that is located within the Upper Keys subarea. *Monroe County does not currently award ROGO allocations for the development of new transient residential units (e.g., hotel & motel rooms), pursuant to Comprehensive Plan 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 I11-A which does not propose the clearing of any portion of an upland native habitat patch of one acre or greater in area. COMPLIANCE WITH COMPREHENSIVE PLAN POLICY 101.4.20 Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the Board of County Commissioners (BOCC) on September 21, 2012, with an effective date of November 20, 2012. Pursuant to Policy 101.4.20, any private application requesting a FLUM amendment after the effective date which proposes an increase in allocated density and/or intensity is required to donate land to offset the proposed increase. Future Land Use Map Amendment (File 4 2016-007) Page 5 of 14 The proposed amendment changing the subject parcel's FLUM designation from RM to MC would result in a decrease in potential residential density by 1 dwelling unit, but an increase in potential nonresidential intensity by 1,176 square feet. Policy 101.4.20 requires mitigation for FLUM amendments which increase density and/or intensity. Under the Policy's "Option 1," mitigation for the proposed FLUM amendment would require the donation of 1.2 acres of land which contains non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County for conservation. Additionally, the BOCC has directed staff to develop strategies to reduce residential density and address nonconformities. The BOCC adopted a policy creating the FLUM category COMM, amended the Nonresidential Rate of Growth Ordinance (NROGO) to encourage redevelopment and development of nonresidential uses, as well as adopted the fee exemption, as detailed above, for certain qualifying map amendment applications that propose a FLUM and/or LUD category that eliminates a lawful nonconforming use deemed as such by final adoption of the FLUM and/or LUD maps. As described above, this application qualifies for the fee exemption. Based on the recommendation from the Planning Commission (PC) and direction from the BOCC, as part of the Comprehensive Plan, a text amendment to Policy 101.4.20 was proposed that would specify that only FLUM amendments which increase residential density would be subject to the mitigation requirements, eliminating mitigation requirements for increases in nonresidential intensity. At a special meeting held on January 14, 2015, the BOCC approved the transmittal of the text amendment to the State of Florida Department of Economic Opportunity (DEO). On April 28, 2015, DEO issued its Objections, Recommendations and Comments Report (ORC) regarding the proposed amendments. The ORC does not include any objections to the proposed amendment to the discouragement policy. The 2030 Comprehensive Plan, including the amendment to Policy 101.4.20 which eliminates mitigation requirements for increases in nonresidential intensity, was adopted by the BOCC on April 13, 2016. Under the amended language, no mitigation would be required for the proposed FLUM amendment. This application does not increase potential residential density, and therefore would not be subject to any mitigation under the proposed amended policy. COMPATIBILITY WITH THE SURROUNDING AREA An excerpt from Map 2 of the Comprehensive Plan Future Land Use Map Series identifies the approximate location of the proposed FLUM amendment (circled in the figure below), and the FLUM designations of the surrounding area. Future Land Use Map Amendment (File 4 2016-007) Page 6 of 14 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 Parcels surrounding the subject property currently have FLUM designations of Residential Medium and Mixed Use/Commercial. Land uses surrounding the subject property include residential uses, vacant land, and office/retail. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area. CONCURRENCY ANALYSIS (Comprehensive Plan Policy 1011.1) Traffic Circulation (Comprehensive Plan Policy 301.1.1) The subject property is located on U.S. 1 in Key Largo. The property is accessible by a driveway off Marlin Avenue. The 2015 URS Arterial Travel Time and Delay Study for Monroe County indicated a LOS of A in Key Largo (MM 99.5 to MM 106.0). U.S 1 is required to maintain a level of service (LOS) of C in order to support development. The proposed FLUM is not anticipated to adversely impact the Traffic Circulation LOS. Potable Water (Comprehensive Plan Policy 701.1.1) In March 2008, South Florida Water Management District (SFWMD) approved the FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Floridian Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG with a limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79 MGD and an average dry season (December I" -April 30") of 17.0 MGD. Future Land Use Map Amendment (File 4 2016-007) Page 7 of 14 The Residential LOS is 66.5 gallons/capita/day. The Non -Residential LOS is 0.35 gallons /sq. ft./day. The overall level of service for potable water is 132 gallons per capita per day. Maximum Residential: 0 DU supported so zero gallons per day Maximum Non -Residential: 0.35 X 1,176 sq. ft.= 411.6 gallons per day TOTAL: 411.6 gallons/day The proposed FLUM 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 10 years of guaranteed capacity for the haul -out and disposal of 95,000 tons per year of solid waste not including yard waste. Under the proposed amendment, the net increase in potential residential units on the site would be 0 dwelling units. The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS Sanitary Sewer (Comprehensive Plan Policy 901.1:1 The Key Largo Wastewater Treatment District central sewer system is available to this parcel, and any new or existing development is required to connect to the sewer system. The Key Largo Wastewater Treatment Facility is designed and constructed in accordance with the adopted levels of service water quality treatment standards. The subject property is presently served and may need to be connected to the Key Largo Wastewater Treatment District central sewer system. The level of service (LOS) for residential and nonresidential flow is 145 gallons per day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan 2000). The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS. Drainage (Comprehensive Plan Policy 1001.1.1) All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set forth in Chapters 17-25 and 17-302, RAC, incorporated herein by reference. In addition, all projects shall include an additional 50% of the water quality treatment specified below, which shall be calculated by multiplying the volumes obtained in Section (a) by a factor of 1.5 , Retention/Detention Criteria (SFWMD Water Quality Criteria 3.2.2.2): a) Retention and/or detention in the overall system, including swales, lakes, canals, greenways, etc., shall be provided for one of the three following criteria or equivalent combinations thereof: Future Land Use Map Amendment (File 4 2016-007) Page 8 of 14 (1) Wet detention volume shall be provided for the first inch of runoff from the developed project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is greater. (2) Dry detention volume shall be provided equal to 75 percent of the above amount computed for wet detention. (3) Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention. b) Infill residential development within improved residential areas or subdivisions existing prior to the adoption of this comprehensive plan must ensure that its post - development stormwater run-off will not contribute pollutants which will cause the runoff from the entire improved area or subdivision to degrade receiving water bodies and their water quality as stated above. c) New Development and Redevelopment projects which are exempt from the South Florida Water Management District permitting process shall also meet the requirements of Chapter 40-4 and 40E-40, F.A.C. The proposed FLUM is not anticipated to adversely impact the Drainage LOS. Recreation and Open Space (Comprehensive Plan Policy 1201.1.11 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy 1201.1.1, for resourced-based and activity -based recreation and open space of 0.82 acres per 1,000 persons (functional population). If development occurs at 0 residential dwelling units and 2.24 per capita, there would be an additional zero (0) people located on this property. The proposed FLUM is not anticipated to adversely impact Parks and Recreation/Open Space LOS. IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING DEVELOPMENT 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. Policy 101.1.1: Monroe County shall adopt level of service (LOS) standards for the following public facility types required by Chapter 9J-5, F.A.C: roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and paratransit. The LOS standards are established in the following sections of the Comprehensive Plan: 1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1; Future Land Use Map Amendment (File 4 2016-007) Page 9 of 14 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1 Objective 101.3: Monroe County shall regulate non-residential development to maintain a balance of land uses to serve the needs of the future population of Monroe County. Objective 101.4: Monroe County shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.4.5: 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. 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 land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non-residential 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 maintenance 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 and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations. Objective 101.11: Monroe County shall implement measures to direct future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. Objective 101.20: 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 Future Land Use Map Amendment (File 4 2016-007) Page 10 of 14 Planning Program. Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners: 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. 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 amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: Future Land Use Map Amendment (File 4 2016-007) Page 11 of 14 454 1. The Florida Keys Aqueduct and water supply facilities; 455 2. Sewage collection, treatment, and disposal facilities; 456 3. Solid waste treatment, collection, and disposal facilities; 457 4. Key West Naval Air Station and other military facilities; 458 5. Transportation facilities; 459 6. Federal parks, wildlife refuges, and marine sanctuaries; 460 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 461 properties; 462 8. City electric service and the Florida Keys Electric Co-op; and 463 9. Other utilities, as appropriate. 464 465 (i) Protecting and improving water quality by providing for the construction, operation, 466 maintenance, and replacement of stormwater management facilities; central sewage 467 collection; treatment and disposal facilities; and the installation and proper operation 468 and maintenance of onsite sewage treatment and disposal systems. 469 (j) Ensuring the improvement of nearshore water quality by requiring the construction 470 and operation of wastewater management facilities that meet the requirements of ss. 471 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas 472 served by central wastewater treatment facilities through permit allocation systems. 473 (k) Limiting the adverse impacts of public investments on the environmental resources of 474 the Florida Keys. 475 (1) Making available adequate affordable housing for all sectors of the population of the 476 Florida Keys. 477 (m)Providing adequate alternatives for the protection of public safety and welfare in the 478 event of a natural or manmade disaster and for a postdisaster reconstruction plan. 479 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys 480 and maintaining the Florida Keys as a unique Florida resource. 481 482 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent 483 with the Principles for Guiding Development as a whole and is not inconsistent with any 484 Principle. 485 486 D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes 487 (F.S.). Specifically, the amendment furthers: 488 489 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to 490 preserve and enhance present advantages; encourage the most appropriate use of land, 491 water, and resources, consistent with the public interest; overcome present handicaps; and 492 deal effectively with future problems that may result from the use and development of 493 land within their jurisdictions. Through the process of comprehensive planning, it is 494 intended that units of local government can preserve, promote, protect, and improve the 495 public health, safety, comfort, good order, appearance, convenience, law enforcement and 496 fire prevention, and general welfare; facilitate the adequate and efficient provision of 497 transportation, water, sewerage, schools, parks, recreational facilities, housing, and other 498 requirements and services; and conserve, develop, utilize, and protect natural resources 499 within their jurisdictions 500 Future Land Use Map Amendment (File 4 2016-007) Page 12 of 14 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act. 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. 163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. It. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. 163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. Future Land Use Map Amendment (File 4 2016-007) Page 13 of 14 c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. V. PROCESS Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee and the Planning Commission. The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment. The ORC report was received September 6, 2016 with no objections or comments. VI. STAFF RECOMMENDATION Approval. VII. EXHIBITS A. Letter of Understanding, dated May 22, 2015 B. Existing Future Land Use Map (FLUM) C. Proposed Future Land Use Map (FLUM) Future Land Use Map Amendment (File 4 2016-007) Page 14 of 14 County of Monroe Growth.•' r Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 May 22, 2015 Andrew Peter Andrushko 1.05030 Overseas Highway Key Largo, FL 33037 Board of County Commissioners Mayor Danny L. Kolhage, District I Mayor Pro Tern, Heather Carruthers, District 3 David Rice, District 4 George Heugent, District 2 Sylvia J. Murphy, District 5 w OF UNDERSTANDING NONRESIDENTIAL USE 1 ! ItIORSTORAGE) 031 OVERSEAS LARGO, R ON PARCELS ..R HAVING REAL ESTATE NUMBERS00510620000000, I6 I II10F; 101 iilllYi [ITI 17I71TiI1 Mr. Andrushko, Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding (LOU). On April 14, 2015, a Pre -Application Conference regarding the above - referenced property was held at the office of the Monroe County Planning & Environmental Resources Department in Marathon. Attendees of the meeting included Andrew Andrushko, (hereafter referred to as "the Applicant") and Matthew Coyle, Principal Planner, Emily Schemper, Comprehensive Planning Manager and Michael Roberts, Senior Administrator of Environmental Resources (hereafter referred to as "Staff"). Materials presented for review included: (a) Pre -Application Conference Request Form; (b) Monroe County Property Record Cards (c) Monroe County Land Use District Map and Future Land Use Map; and �1irl�w[r�►111i: � i The Applicant is requesting a determination that the existing nonresidential use (consisting of an office and outdoor storage) was lawfully established and therefore may remain as a lawful nonconforming use. The applicant also inquired about the process to develop the property with a single family residence. A proposed development plan was not submitted with the application. 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 1 of 11 Subject Property with Land Use District Overlaid (Aerial dated 2012) The property is located at 105030 Overseas Highway (US 1) on Key Largo, at mile marker 105 on the Florida Bay side of US 1. 2. The property is comprised of three contiguous parcels/lots, legally described as Block 3, Lots 9, 10 and 11, Revised Amended Plat of Riviera Village (Plat Book 2, Page 80), Monroe County, Florida and assessed udder real estate (RE) numbers 00510620.000000, 00510630.000000 and 00510640.000000. According to the Monroe County GIS database, the property consists of 0.20 acres (8,863 SF) of land area. All calculations included in this letter are based on this figure. A sealed survey shall be required at the time of application submittal for ally development approval for new development adversely affecting open space or land use intensity. If the amount of upland provided on the sealed boundary survey differs, then calculations provided in this letter are subject to change. 4. There is one existing building on the subject property. According to the Monroe County Property Appraiser's records, the building was constructed in 1939 and consists of 250 SR 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 2 of 11 There is also a partially -constructed foundation structure on the subject property. As this building was never completed, it is not reflected in the Property Appraiser's records. I. The following building permits are on file; Permit# Year Issued .......... ..... . .. Scope of Work 09302577 2009 Exotic land clearing Permit 4 Year Issued Scope of Work 09302578 2009 Exotic land clearing 7,777", 91304191 1991 Single family residential 93309845 1993 Fill 93310150 1993 Transfer ownership 09302579 2009 Exotic land clearing 14305492 2015 Reconnect electric 14305667 2015 Install electric IMIN The following regulations directly affect the proposal; however, please note that there may be other regulations not referred to nor described in this letter, which may govern development. I The subject property consists of three contiguous parcels. Pursuant to MCC § 13 0- 16 6, any development that has or is a part of a common plan or theme of development or use, including, but not limited to, an overall plan of development, common or shared amenities, utilities or facilities, may be aggregated for the purpose of determining permitted or authorized development and compliance with each and every standard of the MCC Land Development Code and for the purpose of determining the appropriate form of development review. Based on the site plan attached to Building Permit # 913-4191, it appears that all three properties would have to be aggregated for development in order to meet the required setbacks. The three properties could either be combined or when a building permit is applied for all three properties need to be under common ownership. 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 3 of 11 2. The subject property is currently located within an Improved Subdivision (IS) Land Use (Zoning) District and designated within a Residential Medium (RIND Future Land Use Map (PLUM) category. 3. The subject property has a tier designation of Tier Ill -A. 4. The property was within a BU-1 district (Light Business) prior to 1986 when the property was re -designated IS (the BU-1 district was established in 1960). 5. There is not a building permit on file for the initial construction of the building located on the property with RE #00510640.000000. According to the Property Appraiser's records the building is 250 SF and was constructed in 1939. Concerning the use of the building: The Monroe County Property Appraiser's Office has assessed the property under a property classification code of '17' (Office) from 1982 to present. The Property Appraiser's Office also had a historic property record card showing the building was assessed under a property classification code of '17' (Office) in 1974. As defined in MCC § 10 1 - 1: Office means a use where business, professional or governmental services are made available to the public. Building Permit #913-2845 was issued for the construction of a fence and for 250 SF of roof repair. The survey included with Building Permit #913-4191 shows the building. Neither permit specifies the use of the building. Staff visited the site on May 6, 2015 and observed a structure in the same place as the structure shown on the survey. Based on the Property Appraiser's records and the building permit history the office use is considered a lawful nonconforming use and may continue in accordance with MCC §130- 83(e), Comprehensive Plan Policy 101.4.3 and the nonconforming use provisions set forth in MCC § 102-56(a) through (f). Pursuant to MCC § 130-83(e), the following lawfully established nonresidential uses, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010, LDRs) and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: Commercial retail of low- and medium -intensity or office uses or any combination thereof of less than 2,500 square feet of floor area, provided that: 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 4 of 11 1. The parcel of land on which the commercial retail use is to be located abuts the right- of-way of U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1 2. The structure must be located within 200 feet of the centerline of U.S. 1; 3. The commercial retail use does not involve the sale of petroleum products; 4. The commercial retail use does not involve the outside storage or display of goods or merchandise; 5. There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be located; 6. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right-of-way by a class C bufferyard; 7. The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; 8. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right-of-way for U.S. 1; and 9. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the previsions for minor or major conditional uses allowed in the pre-1996 LDRs for this district, whichever is more restrictive. Comprehensive Plan Policy 101.4.3 states Monroe County shall adopt Land Development Regulations which allow nonresidential uses that were listed as a permitted use in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided that the uses are limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limited to what the pre-2010 LDR's allowed, whichever is more restricted. Pursuant to the nonconforming use provisions set forth in MCC § 102-56(a) through (f): (a) Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provisions of this section. Notwithstanding any provision of [MCC § 102-56] or of [the] Land Development Code or the [MCCP]: (b) Ordinary repair and maintenance. Normal maintenance and repair to permit continuation of nonconforming uses registered in accordance with [MCC § 102-55] may be performed. (c) Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent: (1) Enlargement of nonconforming uses by additions to the structure in which such nonconforming uses are located; or (2) Occupancy of additional lands. 105030 US 1, Ivey Largo, Letter of Understanding (File #2015-059) Page 5 of 11 (d) relocation. A structure in which a nonconforming use is located shall not be moved unless the use thereafter shall conform to the limitations of the land use district into which it is moved. (e) Change in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the land use district in which it is located. (f) Termination. (1) Abandonment or discontinuance. inhere a nonconforming use of land or structure is discontinued or abandoned for six consecutive months or one year in the case of stored lobster traps, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of [the] Land Development Code and the [MCCP]. Leases, subleases, assignment or other occupancy agreement for compensation for less than 28 days in duration shall be discontinued and shall not be renewed, extended or entered into, in any district that prohibits vacation rental use after the effective date of the ordinance from which this section is derived, September 15, 1986. Leases, subleases, assignments or other occupancy agreements for compensation of RV spaces for six months or more within a particular RV park, other than in a designated storage area, shall be discontinued and shall not be renewed, extended or entered into, after the effective date of the ordinance from which this section is derived (September 15, 1986). (2) Damage or destruction. Except as provided in [MCC § 110-65], if a structure in which a nonconforming use is located is damaged or destroyed so as to require substantial improvement, then the structure may be repaired or restored only for uses that conform to the provisions of the land use district in which it is located. Fair market value shall be determined by reference to the official tax assessment rolls for that year or by an appraisal by a qualified independent appraiser. The extent of damage or destruction shall be determined by the building official, in consultation with the planning director, by comparing the estimated cost of repairs or restoration with the fair market value. 6. The Applicant indicated that the property has historically been used for outdoor storage of goods and materials (light industrial use). The Applicant has expressed interest in continuing to use the area for outdoor storage. Staff was unable to find any records related to the property having a light industrial use. As defined in MCC § 101-1: Light industrial use means an industrial use that is not a heavy industrial use. Industrial use means a use devoted to the manufacture, warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and materials whether new or used or the substantial refinishing, repair and/or rebuilding of vehicles or boats. Heavy industrial use means an industrial use with greater than average potential impacts on the environment and that is characterized by significant impacts on adjacent uses in terms of noise, hazards and odors, such as 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 6 of 11 junkyards, marine railways and dry docks, bulk petroleum storage, and resource extraction where more than 20% of the use takes place outside of an enclosed building or where exterior storage equals or exceeds building floor area. Pursuant to MCC § 130-83 ), in the IS district, light industrial uses are not permitted. Further, pursuant to MCCP Policies 101.43 and 101.4.22, in the RM future land use category, light industrial uses are not permitted and a floor area ratio for nonresidential uses is not provided. Therefore a light industrial use may not continue on the subject property. 7. The proposal includes a new single-family residence, which is defined as a detached residential dwelling. Pursuant to MCC §130-83(a)(1), in the IS district and density - permitting, detached residential dwellings may be permitted as -of -right. Although building permit 491304191 was issued in 1991 for construction of a single-family residence on the site, the structure was never completed, and the permit is now expired. 8. As defined in MCC §101-1, dwelling, detached, means an individual residential dwelling that is developed with open yards on all sides of the dwelling unit but not including mobile homes or recreational vehicles. Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. 9. Pursuant to MCC § I 30-83(a)(5), in the IS district, accessory uses may be permitted as -of - right. As defined in MCC §101-1, accessory use or accessory structure means a use or structure that: 1) is subordinate to and serves an existing principal use or principal structure; 2) is subordinate in area, extent and purpose to an existing principal use or principal structure served; 3) contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; 4) is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal use or principal structure is located; 5) is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to § 118-12; and 6) is located in the same land use (zoning) district as the principal use or principal structure, excluding off -site parking facilities pursuant to § 114-67. Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for noncommercial purpose. In no event shall an accessory use or structure be established prior to the principal use to which it is accessory. Accessory uses shall not include guest units or any other potentially habitable structures. Habitable structures are considered to be dwelling units as defined in MCC §101-1. 10. Pursuant to MCC § 13 8-2 1, the Residential Rate of Growth Ordinance (ROGO) shall apply to all residential dwelling units for which a building permit is required by the Land Development Code and for which building permits have not been issued prior to July 13" 1992, except as otherwise provided. 105030 US 1, Key Largo, Letter of Understanding (File 42015-059) Page 7 of 11 A ROGO allocation shall be required prior to the issuance of any building permit for the single-family residence. 11. Pursuant to MCC § 130-157, the following land use intensities apply to a single-family residential development: lmproved Subdivision 1 Dwelling Unit/Lot 0 The subject property consists of three (3) platted lets. Lots q and 10 are currently vacant and therefore the allocated density associated with those lots may be applied toward the development of a single family residence. *The third lot is currently occupied by a nonconforming nonresidential building and therefore has no density remaining. 12. Pursuant to MCC §130-157, in the 1S district, there is a general required open space ratio of 0.20 or 20% o. As defined in MCC §101-1, open space means that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky. 13. Pursuant to MCC §130-186, the required non -shoreline setbacks in the 1S district are as follows: Primary front yard — 25'; Secondary front yard --- 15'; Primary side yard — 10'; Secondary side yard — 5' and bear yard — 20'. For a parcel that has road frontage along two or more roads, the primary front yard requirement set forth in MCC §130-186 shall be applied to the front yard to which development on the parcel is oriented. The secondary front yard requirement set forth in MCC §130-1.86 shall be applied to the remaining front yard(s) to which development on the parcel is not oriented. 14. The development would be subject to the following off-street parking requirements: Single -fancily dwelling 2 spaces per dwelling unit 1 dwelling unit 2 parking spaces units All regular parking spaces, with the exception of parallel, must be at least 8'6" in width by 18' in length. 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 8 of 11 15. The parcel(s) have a Tier Designation of Tier I1I-A (Special Protection Area). Pursuant to §118-9, the clearing of native upland vegetation for the combined parcels is 40% or 3,000 square feet, whichever is greater, however, clearing, shall not exceed 7,500 square feet of upland native vegetation. According to MC GIS data, the combined parcels consist of 9,000 square feet of hammock. Based on this value, the allowable clearing of native upland vegetation on the combined parcels would be 3,600 square feet. The GIS data does not take into account the existing structures or cleared areas. An existing conditions report prepared in accordance with MCC § 118-2 including a site plan at a scale of one inch equals 20 feet or greater showing the location of all native plant species that are threatened, endangered, or regionally important and areas of disturbance and exotic species will be required as part of the building permit application. The clearing allowances described above will be based on the actual extent of native plant species on the site. In addition to the clearing allowances, in accordance with MCC § 118-7: (1) To the maximum extent practicable, development shall be sited so as to preserve all listed threatened, endangered, commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height (DBH) of greater than 4". In those instances where the Applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach, then such species and trees shall be relocated or replaced with nursery stock of the same species or equally rare species suitable to the site pursuant to a transplantation plan approved in accordance with MCC § 118-8 (transplantation plan).' Pursuant to MCC § 118-8, mitigation will be required for qualifying native vegetation removed for development if further clearing is permitted. The number, species and sizes of plants to be mitigated shall be included in the existing conditions report prepared and submitted by the Applicant and approved by the County Biologist. 16. Development of the site will be subject to review under the Permit Deferral Process (MCC § 122-8) for compliance with the Endangered Species Act. It is the purpose of section 12-8 to implement regulations that will assure, consistent with the loth Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and notification of FEMA and FWS regarding permit applications filed with or issued by Monroe County, inclusive of FEMA/FWS requirements agreed to by the applicant. For parcels or lots shown within the Species Focus Area Maps (SFAMs) in which an application for a permit for development has been made the planning director or his/her designee shall use the Species Assessment Guides (SAGs) to determine whether the County can issue a building permit with specific conditions or if the application must be forwarded to the USFWS for technical assistance. The parcel fills within a designated Species Focus Area for the following species: 1 As detailed in §118-8, the required mitigation is payment to the Monroe County environmental land management and restoration fund in an amount sufficient to replace each removed plant or tree on a 2:1 basis. 105030 US 1, Key Largo, Letter of Understanding (File 2015-059) Page 9 of 11 Key Largo woodrat Schaus' swallowtail butterfly Key Largo cotton mouse Eastern indigo snake Stock. Island tree snail Keys tree cactus 17. Pursuant to MCC §114-3(c), single-family residences are required to observe best management practices as identified in the sections of the county`s manual of stormwater management practices clearly labeled as applicable to single-family residences. In addition, regulation of stormwater management practices for single-family residences will be limited to the criteria, administrative procedures, and maintenance/retrofitting requirements identified in MCC § 114-3(d) and other applicable provisions of the land development regulations and the MCCP. 18. A major street bufferyard is required along the US 1 right-of-way. In the IS district, the required major street bufferyard is a class "D" bufferyard. The minimum class "D" bufferyard is 20' in width. Widths of 25', 30' and 35' are also optional with reduced planting requirements. A class "D" bufferyard is described/illustrated in MCC §114-128. 19. No structure or building shall be developed that exceeds a maximum height of 35'. Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding chimneys; spires and/or steeples on structures used for institutional and/or public uses only; radio and/or television antenna., flagpoles; solar apparatus, utility poles and/or transmission towers; and certain antenna supporting structures with attached antenna and/or collocations as permitted in MCC Chapter 146. However, in no event shall any of the exclusions enumerated in this section be construed to permit any habitable or usable space to exceed the applicable height limitations. Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the structure, whichever is higher. 20. No building permit shall be issued by the county for impact -producing development unless the applicant has paid the applicable impact fees. Therefore, an impact fee(s) will be assessed. 1. The Applicant has expressed interest in amending the IS Land Use District and RM FLUM designations to new designations that allow nonresidential offices and outdoor storage. A map amendment may be applied for in accordance with MCC §102-158. 2. Any development on Key Largo shall be consistent with all goals, strategies and action items of the Key Largo Community Master Plan, commonly known as the Key Largo Livable CommuniKeys Plan. A copy of this plan will be provided upon request. 3. Prior to the issuance of any building permit, if such review is required, all proposed development shall be found in compliance by the Monroe County Building Department and the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 10 of 11 coordinate with these offices prior to application submittal. The Planning & Environmental Resources Department does not review for compliance with the Florida Building Code. Pursuant to MCC § 110-3, you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in effect. This letter does not provide any vesting to the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the project will be required to be consistent with all regulations and policies at the time of development approval. The Department acknowledges that all items required as a part of the application for development approval may not have been addressed, and consequently reserves the right for additional comment. You may appeal decisions made in this letter. The appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Ivey 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 youi° , Mayte Santamaria, Senior Director Planning & Environmental Resources CC: Matthew Coyle, Principal Planner Emily Scheper, Comprehensive Planning Manager Michael Roberts, Senior Administrator of Environmental Resources 105030 US 1, Key Largo, Letter of Understanding (File #2015-059) Page 11 of 11 0 Growth Management Division We strive to be caring, professional, and fair. The Monroe County Future Land Use Map is proposed to be amended as indicated above and briefly described as: Key: Key Largo Mile Marker: toe Map Amendment # Acreage: 0.65 Land Use District Map #: 106 Ordinance No.: Date of Adoption: Proposal. Monroe County FLUM Ell`^ FutLre —d Use change of one parcel FLUM from R-irientlal MOi—(RM) 0"-'T"'"^ to Mixed UWC--rclal (MC). © 'D ® MM Property Description: REN—bar'. DD510640-DD0000 © " © 4N.i N umber of Proteo Pac"- - , - - WHEREAS, during a regularly scheduled meeting held on March 29, 2016, the Development Review Committee (DRC) of Monroe County conducted a review and consideration of a request by Andrew P. Andrushko, to amend the Future Land Use Map designation from Residential Medium (RM) to Mixed Use/Commercial (MC) for property legally described as Lot 11, Block 3, Revised Amended flat of Riviera Village, PB2-80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000; and WHEREAS, based upon the information and documentation submitted, the Development Review Committee Chair and Senior Director of Planning & Environmental Resources found: 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service (LOS); 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan, 4. The proposed amendment is consistent with the Ivey Largo Livable CommuniReys Plan; DRC Resolution No. l7RC 01-16 File #2016-007 Page 1 of 2 5. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); and 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes. (F.S.). NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff report and discussed at the March 29, 2016 meeting supports the Chair's decision to recommend approval to the Planning Commission and Board of County Commissioners. l F Date 0 Mayte Santamari , Development Review Committee Chair and Senior Director of Planning and Environmental Resources I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Mayte Santamaria, to e known to be the person described in and who executed the foregoing instrument and she acknowledged before me the she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 4, day of & k , 2016. I=144"W011I1111 C a f • ; fl IL"pv'P".. ANDREA GAIL CREECH Notary Public - State of Florida « w My Comm, Expires Dee 18. 2018 Commisslorti # FF i74433 Bonded through National Notary Assn, DRC Resolution No. DRC tf 1-16 File #2016-007 Page 2 of 2 RESOLITION BY THE MONROE PLANNING RECOMMENDINGCOMMISSION APPROVAL OF AN ORDINANCE BY THE MONROE COUNTYBOARD OF CO OVERSEASCOMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 105030 HIGHWAY, LARGO, #. BLOCK REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00510640-000000 AS PROPOSED BY ANDREW P. ANDRUSHKO'i PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF Ci PROVISIONS;PROVIDING FOR SECRETARYTRANSMITTAL TO THE STATE LAND PLANNING AGENDCY AND THE STATE; PROVIDING w INCLUSION IN THE MONROE COUNTY COMPREHSIVE AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR DATE, WHEREAS, Andrew P Andrushko submitted an application on January 111h, 2016 to amend the Future Land Use Map designation from Residential Medium (RM) to Mixed Use/Commercial (MC) for property legally described as Lot 11., Block 3, Revised Amended Plat of Riviera Tillage, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000; and WHEREAS, the Monroe County Development Review Committee (DRC) considered the proposed amendment at a regularly scheduled meeting held on the 291day of March, 2016 and recommended approval; and WHEREAS, the Monroe County Planning Commission held a public hearing on the 27th day of April, 2016 for review and recommendation of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Planning Commission makes the following findings of fact and conclusions of law: 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; and Resolution #P13-16 File #2016-007 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service (LGS), and The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan? and 5. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); and. 6. The proposed amendment is consistent with Part lI of Chapter 163, Florida Statutes (F.S.). NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROEFLORIDA: Section 1. The Monroe County Planning Commission recommends the Future Land use Map of the Monroe County Year 2010 Comprehensive Plan be amended as follows: The property legally described as Lot 1, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate numbers 0051.0640-000000 is changed from Residential Medium (RM) to Mixed Use/Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated herein. PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning Commission at a regular meeting held on the 27`h day of April, 2016, Denise Werling, Chair —Yes — William Wiatt, Vice -Chair _Yes_ Beth Ramsey-Vickrey, Commissioner —Yes — Elizabeth Lustburg, Commissioner —Yes— Ron Miller, Commissioner —Yes— PLANNING COMMISION OF MONROE COUNTY, FLORIDA q By- Z ze_� Denise Werling. Chair Signed this .5`4k_ day of �l Monroe County Planning Commission Attorney FILED WITHTHE Approved As To Form Date: MAY 2:.} 2616 Resolution #P13-16 AGENCY CLERK File #2016-007 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO133 2016 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00510640-000000, AS PROPOSED BY ANDREW P. ANDRUSHKO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDNG FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENMENT TO THE FUTURE LAND USE MAP; PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the transmittal of the requested FLUM amendment. P. 1 of 2 Resolution No.133-2016 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance, attached as Exhibit A, for review of the proposed future land use map amendment. Section 2. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of Section 163.3184(4), Florida Statutes. Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15 day of e, 201 AP. Mayor Heather Carruthers Yes Mayor Pro Tem George Neugent Yes Commissioner Danny L. Kolhage V Commissioner David Rice vPs Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE CO RI BY Mayor eath arruthers HEAVILIN, CLERK MONROF BOUNTY ATTORNEY P R0' * O FORM: — ���h�n ASSISTANT uUr_.`' i ORNEY Date P. 2 of 2 Resolution No 133.2016 Exhibit A MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2016 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00510640-000000, AS PROPOSED BY ANDREW P. ANDRUSHKO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDNG FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENMENT TO THE FUTURE LAND USE MAP; PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, on January 11, 2016 Andrew P Andrushko submitted an application requesting to amend the Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential Medium (RM) to Mixed Use/Commercial (MC); and WHEREAS, the subject property is located at 105030 Overseas Highway, Key Largo, approximate mile marker 105 and is described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000;and WHEREAS, Andrew P. Andrushko operates an office use at the subject property with a current FLUM designation of RL, which does not allow a commercial office use in the current configuration, and the current use is therefore considered nonconforming to the provisions of the current Comprehensive Plan; and WHEREAS, Andrew P. Andrushko is requesting a change to the FLUM designation in order to eliminate the nonconformity for the existing office use; and Ord. No. -2016 Page 1 of 4 Exhibit A WHEREAS, at a regularly scheduled meeting held on the 291h day of March, 2016, the Monroe County Development Review Committee considered the proposed amendment and recommended approval; memorialized by Resolution DRC 01-16; and WHEREAS, at a regularly scheduled meeting held the 27th day of April, 2016, the Monroe County Planning Commission held a public hearing for the purpose of considering the proposed Future Land Use map amendment; and WHEREAS, the Monroe county Planning Commission made the following findings of fact and conclusions of law: 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service (LOS); 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan; 5. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); and 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes (F.S.). WHEREAS, the Monroe County Planning Commission passed Resolution No. P13-16, recommending to the Monroe County Board of County Commissioners approval of the proposed amendment; and WHEREAS, at a regularly scheduled meeting held on the 15th day of June, 2016, the Monroe County Board of County Commissioners held a public hearing, considered the staff report, and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process, and approved Resolution No. ` 2016 to transmit to the State Land Planning Agency (the Department of Economic Development, or "DEO") an ordinance to amend the subject property's Future Land Use Map designation from Residential Medium (RM) to mixed Use/Commercial (MC); and WHEREAS, on , 2016, the County received the State Land Planning Agency's Objections, Recommendations, and Comments (ORC) report, which included no objections or comments on the proposed FLUM amendment; WHEREAS, at the , 2016, public hearing, the BOCC adopted Resolution -2016, transmitting the amendment to the State Land Planning Agency; and WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections, Recommendations and Comments (ORC) report, received by the County on , 2016; and Ord. No. -2016 Page 2 of 4 WHEREAS, the ORC report stated WHEREAS, the ORC report recommended and : and Exhibit A WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment; and WHEREAS, the Monroe County Board of County Commissioners makes the following Conclusions of Law: 1. The ordinance is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 2. The ordinance is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 3. The ordinance is consistent with the provisions and intent of the Monroe County Code; WHEREAS, at a regularly scheduled meeting on day of , 2016, the BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is amended as follows: The Future Land Use Map designation for the property described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number 00510640-000000 is changed from Residential Medium (RM) to Mixed Use/Commercial (MC), as shown on Exhibit 1, attached hereto and incorporated herein. 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. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filine and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, Florida Statutes. Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be incorporated in the Monroe County Year 2030 Comprehensive Plan and included on the Future Land Use Map. Ord. No. -2016 Page 3 of 4 Exhibit A PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2016. Mayor Heather Carruthers Mayor Pro Tern George Neugent Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I: Deputy Clerk (SEAL) Mayor Heather Carruthers Ord. No. -2016 Page 4 of 4 R.2.j The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change of one parcel of land in Key Largo having Real Estate Number 00510640-000000 from Residential Medium (RM) to Mixed Use/Commercial (MC). N A TI IIS INS"['1tUM N`I' WAS PREPARED BY: Vir *inia Pennell Sunshine Title of the Keys, inc. 102900 Overseas highway #6 Key Largo, Florida 33037 KNOW ALL MEN BY THESE PRESEN''TS: That Andrew P. Andrushko, it single man, whose post office address is 1500 Presidenthal Way, Apt, 104, West Palm Beach, FL 33041, party of the first hart, for and in considcrration of the. 8LIM Of Telt Dollars ($10.00` lawful money of the United States, to be paid by 31L, LLC, a 1e orida Ihnited hability company, of P.0, Box 1730, Key Largo, FL 33037, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transfetTcd, and delivered, Land by these presents does grant, bargain, sell, transfer and deliver unto the patty of the second part, his/her executors, administrators and assigns, the following goods and chattels located on the property at 105040 Overseas I-InY, Ivey Largo, FL 33037: Per "As Is" Residential Contract for Sale and Purchase To Have and To Hold the same unto the; said party of the second part, hi5/lwr exc maors, iachni histrators, and assigns forever. And lore/she does for themselves and his/her heirs, executors and administrators, covenant to and Willi the party of the second part, his,/her executors administrators and assigns that he./she is the lawful owner of the said goods and chattels; that they are free front all encumbrances; that he/slic this good right to sch the same aforesaid, and that he/she will wean -ant and depend the sale of the said property, goods And 0hhattels hereby anade, unto the said party of the second pail his/her executors, administrator's and assigns against the lawful claims and dernands of all persons whomsoever, / r In Wiliness VVIiereof, t�i> party of the first part lras lierounto set his/her haricrtmd seal this 13t1i day of Septc,inber, 2016, S l aacjc scaled and {t fliv,1d cci it t pittee of us. ~,�_� Witness #1 ,tl! aTUI•e Andrew I', AndrusBko ! Virginia Pennell whrnrhess t I t'rtsrsc;d Name r i (<. tartness rtttoatetrr 1 " € \4'itness 'l2 I'a Ansel/ Natne STATE OF FLORIDA COUNTY OF MOT"iROE The foregoing instntment was acknowvledged b tot'Ls g°:he ih 13th d w «" Sep ernb r, 2il I6 lay' Andrew l'. Andrushko who is personally known to me or has produced ... _ ...... � /t. s t.I.i C �1 . ,Ct ult t4ti9ia .;i ii+n and � did (� dill not take an oath. 1 , j SEAL t a -r• Fr Notary Vi&ll 4 Printed artary Name My Corru-nission 1 spites:_ " d,� o File N,),: 16081632 THIS INSTRUMENT PREPARED BY AND RETURNTO: Virginia Panne]] Sunshine Title of the Keys, hnc. 102900 Overseas Highway ffb Key Largo, Florida 13037 Our file No.: 16081632 Property Appraisers Parcel Identification (Folio) Number: 00510640-000000 Florida Documentary Stamps in the amount of'$1,400,00 have been paid hereon SPACE lttOVETIIPS iavt , OF ItE::e.i}g?i INC, i AS,t WARRANTY REED T'LLLS WARRANTY DEED, made the 13th day of September, 2016 by Andrew P.- Attdrushko, it Single Man, whose post office address is 1500 Presidential Way, Apt. 104, West Palm Beach, L, 33041 herein canllcd the Grantor, to ML, LLC°, a Florida limited liability company whose post office additeUi is P.O. Box 030, Ivey Largo, FL 33037, hereinafter called the Grantee: (Wierever used herein the etinis "Grantor" and "Grantee" bleludc all the ponies to this htsniaiiew and 111L, odiry, legal rept'esenarrtives and assigns o(indwiduals, and the steccessars and assigns of corpr vilons) W I T N E S S E "f IL That the Grantor, for and in consideration of the sutn of 'FEN AND 00/ 10D'S ($1 UO) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rernises, releases, conveys and confirms unto the Grantee all that certain land situate in MONROF Courtly, State of Florida, viz.: Lot 11, in Block 3, of REVISED AMENDED PLAT OF RIVIERA VILLAGE, its recorded fit Platt Book 2, Page 80, of the Public Records of Monroe County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2016 and thereafter. Subject to a Purchase Money First Mortgage and a Purchase Money Second Mortgage TOGETHER, with all the tenements, hereditatnents and appurtenances thereto belonging or in fulywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in No simple: that the Grantor has good right and lawfut authority to sell and convey said Lund, and hereby warrants the titlu to said land and will defend the same against the lawful claims of all persons wliomsoever; and that sails lutwd a; to°ce ofall encumbrances, except taxes accruing subsequent to December 31, 2015, •` IN —WITNESS y'111 1i Gte`, the said Grantor has signed snd•S lest tlics-prescnts ¢he eiay and yearringt above wwaettcsl , nseoled,tait9Ftvrelte�_resenceof: 1 Witness #1 S mature Andrew P. Andrushko _ Virginia.Rujincill 117ataaekw � @' ur C s's' ttne Witness Sig re ��t Witness #2 Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged bel In, in-Nii� 3fli d,tw e k Sepkenificr, 2016, by Andrew P, 'ondr ti4h s - who is personally known tonic or has produced t��t t,(. .,,j fL `, `_• adctai(aia`.atac,rt ztad 0-1iacl y�i not take an oath. {t Itt f i SEAL Notary 1'utwtti .® Printed Notary Name Ni ca fission expires ' Y P v,•:tt � �. Pile No.: 16081632 Property Search -- Monroe County Property Appraiser http://ww%v.mcpafl.org/P m"Irl-m- Ma 191 M-e m.1 mol -, I Property Record Card - Maps are now launching the new map application version. Alternate Key: 1629952 Parcel ID: 00510640-000000 Ownership Details Mailing Address: ANDRUSKO ANDREW P 105030 OVERSEAS HWY KEY LARGO. FL 33037-3062 Property Details PC Code: 17 - OFFICE BUILDINGS 1 STORY Millage Group: 500K Affordable No Housing: Section -Township- 01-61-39 Range: Property Location: 105030 OVERSEAS HWY KEY LARGO Subdivision: RIVIERA VILLAGE REV & AMD Legal Description: BK 3 LT 11 REVISED AMENDED PLAT OF RIVIERA VILLAGE PB2-80 KEY LARGO OR510-504 OR567-657 OR1 218-655 OR1974-1355 OR2557-886 OR2580-770 OR2611-1849 OR2707-2161 Click Map Image to open interactive viewer 1 of 5 Property Search -- Monroe County Property Appraiser http://ww%v.mcpafi.org/P yr� J690 Y ¢ �� 510650 �'p 12 511 7C 65 tit Ve fdf yw 1 E 6 1 way_ R 9E � y��r, NN",, ! tlr 511270 l' r r, "i~ ems. �y if q•� �f �1 ,k � rr,l4rl. i 1� DetailsLand Land Use Code 100H - COMMERCIAL HIGHWAY Building Summary Number of Buildings: 1 Number of Commercial Buildings: 1 Total Living Area: 250 Year Built: 1939 ntage Depth Land Area 25 120 3,000.00 SF 2of5 Property Search -- Monroe County Property Appraiser http://www.mcpafl.org/P Building I Details Building Type Effective Age 76 Year Built 1939 Functional Obs 0 Inclusions: Roof Type Heat I Heat Sre 1 Extra Features: 2 Fix Bath 0 3 Fix Bath 0 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 3 FLA 10 FATS. Condition P Perimeter 70 Special Arch 0 Economic Obs 0 Roof Cover Heat 2 Heat Sre 2 W-1 ii on Quality Grad® 50 Depreciation % 60 Grnd Floor Area 250 Foundation Bedrooms 0 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 a "I Sections: - Nbr Type E t Wall # Stories Year Built Attic A/C Basement aswriont % Area 1 1938 250 Interior Finish: Section Nbr Interior Finish Nbr 14193 Type Area % Sprinkler A/C OFFICE BLD-1 STORY 100 N N 3 of 5 Property Search -- Monroe County Property Appraiser http://www.mcpafl.or-0/P Interior Finish Nbr 4904 Appraiser Notes Type Area % C, B. S. 100 2004/6/29 BUILDING HAS MINAMAL VALUE, ONLY BARE WALLS AND FOUNDATION LEFT TCF Parcel Value History Certified Roll Values. View Taxes for this Parcel. Roll Total Bldg Total Misc Improvement Total Land Total Just (Market) Total Aseeised School Exempt School Taxable Year Value Value Value Value Value Value Value 2016 9,400 0 45,000 54,400 54,400 0 54,400 2015 9,400 0 45,000 54,400 54,400 0 54,400 2014 9,400 0 45,000 54,400 64,400 0 54,400 2013 9,400 0 24,000 33,400 33,400 0 33,400 2012 9,400 0 24,000 33,400 33,400 0 33,400 2011 9,400 0 39,000 48,400 48,400 0 48,400 2010 9,400 0 60,000 69,400 69,400 0 69,400 2009 9,400 0 66,000 75,400 75,400 0 75,400 2008 9,400 0 84,000 93,400 93,400 0 93,400 2007 6,945 0 45,000 51,945 51,945 0 51,945 2006 6,945 0 30,000 36,945 36,945 0 36,945 2005 6,945 0 12,750 19,695 19,696 0 19,695 2004 6,944 0 12,750 19,694 19,694 0 19,694 2003 6,944 0 12,750 19,694 19,694 0 19,694 2002 6,944 0 12,750 19,694 19,694 0 19,694 2001 6,944 0 11,250 18,194 18,194 0 18,194 2000 6,944 0 8,250 15,194 15,194 0 15,194 1999 6,944 0 8,250 15,194 15,194 0 15,194 1998 6,616 0 8,250 14,866 14,866 0 14,866 1997 6,616 0 8,250 14,866 14,866 0 14,866 1996 6,015 0 8,250 14,265 14,265 0 14,265 1995 6,015 0 8,250 14,265 14,266 0 14,265 1994 6,015 0 8,250 14,266 14,265 0 14,265 1993 6,015 0 8,250 14,265 14,265 0 14,265 1992 6,015 0 8.250 14,266 14,266 0 14,265 11991 6,015 0 8,250 14,266 14,265 0 14,265 1990 6,015 0 8,260 14,266 14,265 0 14,265 1989 6,015 0 8,250 14,266 14,265 0 14,265 4 of 5 http://www.mcpafl.org/P 1988 5,779 0 8,250 14,029 14,029 0 14,029 1987 1986 5,650 5,658 0 0 8,250 8,250 13,900 13,908 13,900 13,908 0 0 13,900 13.908 1985 12,305 0 9,000 21,305 21,305 0 21,305 1984 11,881 0 9,000 20,881 20,881 0 20,881 1983 11,881 0 7,501 19,382 19,382 0 19,382 1982 10,601 0 7,501 18,102 18,102 0 18,102 Parcel Sales History NOTE, Sales do riot generally show up in our corripuiler system t.jnfil about two to three months after the date of sa e, If a recent sa e does not snow up in this list. please E.,,1k)w more tirywi fo( tlr s sale n cord to be, inrocessaed, Thank yoiA fcr'dOLIF patience and understanoing, Sale Date Official Records Book/Page Price Instrument Qualification 10/9/20114 2707/2161 15,000 WD 12 1/7/2013 2611/1849 76,000 WD 05 7/13/2012 2580/770 22,600 WD 05 2/16/2012 2557/886 25,100 WD 05 61111992 1218/655 36,000 WD M 2/1/1973 567/657 1,000 00 Q U =7 ��M Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 KeM West. FL 33041-1176 w= MONROE COUNTY, FLORIDA PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT a.d r Disclosure of Interest Pursuant to Section 101-6 of the Land Development Code, this form shall accompany land -use related applications. The intent is to disclose the identity of true parties in interest to the public, thereby enabling the public to ascertain which parties will potentially benefit. Any person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial or contractual interest, or any form of representative capacity whatsoever for others, except as otherwise provided, shall, during application submittal for a specified application types, make a public disclosure, in writing, under oath, and subject to the penalties prescribed for perjury. Exemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission or in corporations registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general. public. This written disclosure shall be made to the planning director at the time of application. The disclosure information shall include the name and address of every person having a beneficial or contractual interest in the real property, however small or minimal. • If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary): Name and Address % of Ownership • If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. (Use additional sheets if necessary): Name and Address % of Ownership v L / o Page 1 of 2 03/2013 • If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. (Use additional sheets if necessary): Name and Address % of Ownership * In the case of a trust, the four largest beneficiaries must also sign the affidavit. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. (Use additional sheets if necessary): Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. (Use additional sheets if necessary): Name and Address I % o f Ownership * Please provide date of contract • If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. (Use additional sheets if necessary): Name and Address By signing this form, the signer certifies that he or she is a person who is familiar with the information contained in the form, and that to the best of his or her knowledge such information is true, complete and accurat Printed Name / Signature of Person Completing Form: -7 State of Florida, County of Monroe G Foregoing in rument was acknowle day He/she ` personally known to me has pr as identilica ;max` G Expires y Commission t 31013 LISA R. MCILVANO Notary Public - State of Florida Page 2 of y Comm. Expires Jun 9, 201 �# �§ Commission # FF 13089 Bonded Through Nationd Noisy Assn. by Detail by Entity Name http://search.sunbiz.org/Inquiry/CorporationSearch/Sear R 2 k Home Contact Us E-Filing Services Florida Limited Liaili Cote an 3JL, LLC Filing Information Document Number L15000158580 FEI/EIN Number APPLIED FOR Date Filed 09/17/2015 State FL Status ACTIVE PrincipalAddress 105040 OVERSEAS HWY KEY LARGO, FL 33037 Mailing,Address PO BOX 1730 KEY LARGO, FL 33037 Registered Agerit Marne & Address LEE, JANET 105040 OVERSEAS HWY KEY LARGO, FL 33037 Authorized Person(s) Detail Name & Address Title MGRM LEE, JANET 105040 OVERSEAS HWY KEY LARGO, FL 33037 Annual Reports Report Year Filed Date 2016 04/28/2016 Document Images Document Searches Forms Help Iof3 MONROE COUNTY, FLORIDA 1 Kvyiz 'k -, - 1, - 11 1 LVICRYWENT Future Land Use Map (FLUM) Amendment Application An application must be deemed complete and in compliance with the Monroe County Comprehensive Plan and Code by the staff prior to the item being scheduled for review Application Fee: $5,531.00 The base fee includes two internal staff meetings with applicants; one Development Review Committee meeting, one Planning Commission public hearing; and one Board of County Commission public hearing. If this minimum number of meetings/hearings is exceeded, additional fees shall be charged pursuant to Fee Schedule Resolution and paid prior to the private application proceeding through public hearings. Advertisement Fee: $245.00 Surrounding Property Owner Notification Fee: $3.00 per each property owner Transportation Study Review: $5,000.00 Deposit (any unused funds will be returned upon approval) Submittal Date: Applicant/Agent Authorized to Act for Applicant: Applicant (Name of Person, Business or Organization) Name of Contact Person/Agent Contact Person/Agent Mailing Address (Street, City, State and Zip Code) Contact Person/Agent Phone # WZ33M1= Contact Person/Agent Email Address a4AT&7— GX 4-1EIE7 Owner Name (Name of Person, Business or Organization) Narne of Contact Person 0-- Owner Mailing Address (Street, City, State and Zip Code) lgaf- s"3 J-V, Owner Phone # Owner F"mall Address M Page 1 of 7 0(1/2013 Legal Description of Property (if in metes and bounds, please attach separate sheet): 1:? let ��Id554 k,- 4646jr— Block Lot Subdivision Key Name Real Estate (RE) Number Alternate Key Number Street Address Approximate Mile Marker Total Land Area Affected by Proposed FLUM (in acres):266W 01 =-�� -j Existing Use of the Property (If the property is developed, please describe the existing use of the property, including the number and type of any residential units and the amount and type of any nonresidential development): Sze N 0 Please describe the reason for the proposed FLUM amendment (attach additional sheets if E necessary): Page 2 of 7 The Board of County Commissioners adopted Policy 101.4.20 (Ordinance 028-2012) with an effective date of November 20, 2012. Pursuant to Policy 101.4.20, any private application requesting a future land use map amendment after this effective date which proposes an increase in allocated density and intensity, must be designated as Tier III and have existing public facilities and services, including central wastewater facilities. Additionally, any private application requesting a future land use map amendment after this effective date which proposes an increase in allocated density and intensity shall be required to purchase and donate land to offset the proposed increase (includes the requirement to donate acreage or Improved Subdivision lots). Provide the net change in density and intensity for the proposed FLUM amendment. Is there a proposed increase? What steps would be taken to comply with Policy 101.4.20? (attach additional sheets if necessary): 19ee-- �92(. Pursuant Chapters 163 and 380, Florida Statutes, an amendment to the Comprehensive Plan must be consistent with the Florida Statutes, with the Monroe County Comprehensive Plan, and with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute. Please describe how the proposed text amendment is consistent with each of the following (attach additional sheets if necessary): 1) The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute. (At a minimum, please review and address Sections 163.3177, 163.3178, 163.3180, and 163.3184, F.S.) Specifically the amendment furthers: 1--�g'-vc —c-,t �ItQ60 1?36 2) The proposed amendment is internally consistent with the following Goals, Objectives and a) Policies of the Monroe County Year 2010 Comprehensive Plan: E Per U�� 3) Does the proposed amendment meet adopted level of service standards of the Monroe County Year 2010 Comprehensive Plan (see Policy 101.1.1)? Provide an analysis of availability of facilities 1 services corresponding to the proposed attach any Letters of Coordination from utility providers as well: 4) The proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 30.0552(7), Florida Statute: Pursuant Section 102-158 of the Land Development Code, the Board of County Commissioners may consider an ordinance to transmit to the State Land Planning Agency an amendment to the FLUM if the change is based on one or more of the following factors. Please describe how one or more of the following factors shall be met (attach additional sheets if necessary): Changedregarding on i based: I Page 4 of 7 Document:3) Data errors, including errors in mapping, vegetative types and natural features described in the Comprehensive Plan Technical T_ 4) New issues: n 1 ar In no event shall an amendment be approved which will result in an adverse community change of the planning area in which the proposed development is located. Please describe how the amendment would not result in an adverse community change (attach additional sheets if necessary): �S Has a previous application for a FLUM amendment been submitted for this site within the past 2 years? A�e Ifyes, Date : 77,e Is 15 .4- 49541J•Er-�. No H177-1 All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) Completed application form Applicable fees (check or money order to Monroe County Planning & Environmental Resources) Proof of Ownership & Ownership Disclosure Form Current Property Record Card Location map Photograph(s) of site from adjacent roadway(s) Copy of current Future Land Use Map Copy of current Land Use District Map Disclosure of Interest form Sealed Boundary Survey, prepared by a Florida registered surveyor, depicting proposed Future Land Use Map changes with acreage — five (5) sets Typed mad I i ng I abel s (name and address) of ai I property owners wi thi n 300' of the boundari es oi the affected property If applicable, the following must be submitted in order to have a complete application submittal: Agent Authorization form (required if application is submitted on behalfqfanother party) Traffic Study, prepared by a licensed traffic engineer Transportation fee of $5,000 to cover the cost of experts hired by the Growth Management Division to review the traffic study (any unused funds deposited will be returned upon approval) If deemed necessary to complete a full review of the application, within reason, the Planning & Environmental Resources Department reserves the right to request additional information. Additional fees may apply pursuant to the approved fee schedule. I By signing this application, the Applicant certifies themselves as a person who is familiar with the information contained in application, and that to the hest of their knowledge such information is true, coMplete and accurate. Signature of Applicant State of Florida, County of Monroe County The fore, 0 instrUll 'llt was acl<n 1ed , ° this 1 day of r , �., by 1 icls .n is perso�ially known to ile or has j1'� v as identification. 3 3 W ,A,5 t17 t 66 1 331 dd 8 uolsBlw OO dotal Ep0Z'6 unp salldx wwo Y i31iunission Expires l �� ePI10ld to aivis - allgnd A,eloN s F VUAIIDOW 'H VSI1 '` 141, r Send applicatie lanning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL. 33050. A111ILiit.'A' ION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT �Y 9 �Y t i rl Land Use District Map (LUD) Amendment Application N"IMMG A < <, �g. "a 1 «, 1 ," .e " 4 l4,tk -ArANkP lrySG�� An application must be deemed complete and in compliance with the Monroe County Code by the staff prior to the item being scheduled for review. Amendment to Land Use District Map Application Fee: $4,929.00 In addition to the application fee, the fallowing fees also apply: Advertising Costs: $245.00 Surrounding Property Owner Notification: $3.00 for each property owner required to be noticed In Date of Application: r / f' l t Month Day Year Applicant / Agent Authorized to Act for Property Owner: (Agents must provide notarized authorization from all property owners.) Applicant (Name of Person, Business or Organization) k 0 a Mailing Address (Street, City, State and Zip Code) Name of Person Submitting this Application 19 Work Phone Home Phone Cell [shone I Add Tess Property Owner: (Business/Corp most include documents showing who has legal authorized to sign.) (Name/Entity) Contact Person YC,, _ � t- Mailing Address (Street, City, State and Zip 4-)de) Work Phone Home Phone Cell Phone Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet.) ' OE it Address Block Lot Subdivision Key Real Estate (RE) Number Alternate Key Number t 0 2 Street Address (Street, City, State & L p Code) y Approximate Mile Marker Page 1 of 5 Last Revised October 2015 Current Future Land Use Map D' 1 Total1 Area Affected by Proposed Tier Designation(s)< In accordance with Sec. 102-158, the BOCC may consider the adoption of an ordinance enacting the proposed change based on one or more of six factors. Please describe how one or more of the following factors shall be met (attach additional sheets if necessary): 1. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based: 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the plan: 'A`�� i- V o,P.') _ ol l lr C" kld+rx l e Page 2 of 5 Last Revised Octobei` 2015 4. New issues: 5. Recognition of a need for additional detail or comprehensiveness: 6. Data updates: In no event shall an amendment be approved which will result in an adverse community change of the planning area in which the proposed development is located. Please describe how the map amendment would not result in an adverse community change (attach additional sheets if necessary): Has a previous Land Use District Map amendment application submitted for this site within the past two years? Yes 0 No If yes, data the application was submitted: Molith I)ZIN Yew- All of the following items must be included in order to have a complete application submission: 0 4- (Please check the box as each required item is attached to the application.) Complete Land Use District Map amendment app] ication (unaltered and unbound) Correct fee (check or money order to Monroe County Planning & Environmental Resources) en Proof of ownership (i.e., Warranty Deed) E 0 Current Property Record Card(s) from the Monroe County Property Appraiser Location map from Monroe County Property Appraiser Copy of current Land Use District Map (request from the Planning & Environmental Resources Department prior to application submittal) LJ Copy of current Future Land Use Map (request from the Planning& Environmental Resources Department prior to application submittal) r--1 LJ 300 foot radius map from Monroe County Property Appraiser Office 0 List of surrounding property owners from 300 foot radius map Page 3 of 5 Last Revised October 2015 11 Photograph(s) of site from adjacent roadway(s) El Signed and Sealed Boundary Survey, prepared by a Florida registered surveyor- sixteen (16) sets (at a minimum). Survey should include elevations; location and dimensions of all existing structures, paved areas and utility structures; all bodies of water on the site and adjacent to the site; total acreage marked with land use district; and total acreage shown with vegetative habitat) El Typed name and address mailing labels of all property owners within a 300 foot radius of the property (two (2) sets). This list should be compiled from the current tax rolls of the Monroe County Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit owner must be included If applicable, the following items must be included in order to have a complete application submission: (Please check the box as each required item is attached to the application.) El Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) El Any other Monroe County documents including Letters of Understanding pertaining to the proposed Land Use District Map amendment Is there a pending code enforcement proceeding involving all or a portion of the parcel proposed for development: ❑ Yes ❑ No Code Case file # application is being submitted to correct the violation: Describe the enforcement proceedings and if this If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. The applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are not final, nor are they the specific conditions or demands required to gain approval of the application, unless the conditions or demands are actually included in writing in the final development order or the final denial determination or order. By signing this application, the owner of the subject property authorizes the Monroe County Planning & Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. I, the Applicant, certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. Signature of Applicant: Date. �. See Page 5 for Notary Acknowledgement Page 4 of 5 Last Revised October 2015 STATE OF 1'1 COUNTY OF l)t V1 Y r F Sworn to and subscribed before me this day of by JOUV14 who 's fat tstsna,y know' 1 me OR produced (PxiNT rraME of tk�rttsst ° t�x�.�°aTEmErrT> (TYPE of S i gnatttim o rotary Print, Type or Stamp Commissioned N My commission expires: / !/ as identification. 1', "LISA R. MCGILVRA ., of ry Public . Slate of Florida b4nm. Expires Jun 9, 2018 Commission # FF 130899 Bonded Through National Notary Assn Send complete application package to: Marathonr, "+ Overseas Highway, Suite 400 Marathon, FL 33050 Page 5 of 5 Last Revised October 2015