Item O1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 11 2014 Division: Growth Management
Bulk Item: Yes No X Department: PI in & Environmental Resources
Staff Contact Person/Phone 4: Christine Hurlev 289-2500
_Igaoh Haberman — 289-2532
AGENDA ITS WORDING: A public hearing to consider an Ordinance by the BOCC to amend the Land Use
District (Zoning) Map designation of the subject property from Urban Residential Mobile Home (URNH to Mixed Use
(MU). The subject property is legally described as Block 31, Lot 17, Maloney Sub (Plat Book 1, Page 55), Stock Island,
Monroe County, Florida, having real estate #00 1245 10,000000. (Quasi -Judicial Proceeding)
ITEM BACKGROUND: Prior to the 1986 adoption of the County's current LDR's and their associated Land Use
District maps, the property was within a BU-2 district (Medium Business) (Attachment 1 to the staff report). In 1986, the
Land Use District Map (LUDM) was adopted for all as of the unincorporated county. In 1992, following a boundary
determination process, a revised map series became effective. On sheet 576 of the LUDM, the property is within an URM
district (Attachment 2 to the staff report). In 1993, the Future Land Use Map (FLUM) was adopted for all are of the
unincorporated county. In 1997, this map series became effective. On map 8 of the FLUM, the property is within a Mixed
Use / Commercial (MC) category (Attachment 3 to the staff report).
The existing office/commercial/ retail use on the property is a lawful nonconforming use that has been continuously in
existence on the subject property since the 1960s. It was deemed nonconforming in 1986 when the County designated the
property URM. The existing office/commercial use is a conforming use within the MC FLUM category.
After a review of the County's records, staff has concluded that there have never been any approved mobile homes
located on the property. The property may have been inadvertently included in the URM district following an assumption
that it was part of, or associated with, the neighboring mobile home parks in existence in the 1980s.
The MU LUBM designation would eliminate a nonconformity to the permitted use provisions of the Land Development
Code. Further, MU is consistent with the MC FLUM designation, while URM is inconsistent with the MC FLUM
designation. The proposed amendment would not create a new MU district. The proposed amendment would shift the
boundary lines of an existing MU district from along the property's eastern and southern property lines to the property's
western and northern property lines.
During a meeting held on January 28, 2014, the Development Review Committee reviewed the application and
recommended approval to the BOCC. During a meeting held on March 26, 2014, the Planning Commission reviewed the
application and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACTIAGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: — INDIRECT COST: BUDGETED- Yes No
RENT DIFFEIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH— Year
APPROVED BY: County Arty _2jOMB/Purchasing _ Risk Management
DOCUMENTATION: Included - x Not Required
DISPOSITION: AGENDAITEM#
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTYIS It E
ORDINANCE a -2014
AN ORDINANCE Y THE MONROE COUNTY BOARDOF
COUNTY CI ISSI E E DI THE LAND USE
DISTRICT }F THE MONROE COUNTY LAB
DEVELOPMENT CODE FROM URBAN RESIDENTIAL MOBILE
HOME (U ) TO MIXED USE ), FOR PROPERTY
LEGALLY DESCRIBED AS BLOCK 31, LOT 17, MALONEY SUB
(PLAT BOOK1, PAGE 55), STOCK ISLAND, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00124510.000000;
PROVIDING FOR SE ILIT ; PROVIDING FOR ICE
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL T1 THE STATE LAND PLANNING AGENCY
AND THE SECRETARY 1F STATE; PROVIDING FOR
AMENDMENT TO THE LAND USE DISTRICT ;
PROVIDING FOR EFFECTIVE E DATE.
WHEREAS, Treparder & Associates, Inc,, on behalf of the property owner, filed an application
for an amendment to the Monroe oe County Land Use District Map to amend the land use (zoning)
district designation from Urban Residential Mobile Home (iT ) to fixed Use (MU); and
WHEREAS, the subject property is located at 5635 MacDonald T. onald venu can Stuck Island,
approximate mile marker 5, and is legally described as Block 31, Lest 17, Maloney Stab (Plat
Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate number
0124510.000000, and
WHEREAS, during a regularly scheduled meeting held on January 28, 2014, the Monroe
County Development Review Committee reviewed the ordinance d the Chair recommended
approval to the Board of CountyCommissioners; and
WHEREAS, during a regularly scheduled public hearing held on March 26, 2014, the Monroe
County Planning fission reviewed the ordinance and recommended approval to the Board
of County Commissioners; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Findings of Fact:
1, In 1911, the subject property was platted as part of the Maloney Sub subdivision, as recorded
in Plat Book 1, Page 55;
2. Prior to the 1986 adoption of the County's current land development regulations and their
associated land use district maps, the subject property was within a BU-2 district (Medium
Business);
3. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for all
are of the unincorporated county. After a boundary determination process, a revised series
became effective in 1992. On sheet 576 of the Land Use District Map, the subject property is
within an Urban Residential Mobile Home (URM) Land Use District;
4. In 1993, a series of future land use maps associated with the comprehensive plan, entitled the
Future Land Use Map, were adopted for all areas of the unincorporated county. This map
series became effective in 1997. On map 8 of the Future Land Use Map, the subject property
is within a Mixed Use / Commercial (MC) category;
5. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the provisions and intent of the Monroe County Comprehensive Plan;
6. MCC See. 102-158 states that map amendments are not intended to relieve particular
hardships, nor to confer special privileges or rights on any person, nor to permit a change in
community character, as analyzed in Monroe County Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions;
7. MCC Sec. 102-158(d)(5)(b) provides that one or more of the following criteria must be met
fora map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan;
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness;
f. Data updates;
g. For PLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
8. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
a. As required by MCC Sec. 102-158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit a change in
community character, as analyzed in the Monroe County Year 201 Comprehensive Plan;
b. As required by MCC See. 102-158(d)(5)b,3., the map amendment to Mixed Use (MIJ) is
needed because of data errors; and
a. As required by MCC See. 102-158(d)(5)b.4., the map amendment to Mixed Use (MU) is
needed because of a new issue;
2. The proposed map amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
a. The Mixed Use (MU) Land Use District corresponds to the Future Land Use Map
designation of Mixed Use / Commercial (MC) as set forth in Policy 101.4.21 of the
Monroe County Year 2010 Comprehensive Plan;
b. The Mixed Use (MU) Land Use District is consistent with the purpose of the Mixed Use
Commercial (MC) Future Land Use Map designation, as set forth in Policy 101.4.5 of
the Monroe County Year 2010 Comprehensive Plan;
c. The Mixed Use (MU) Land Use District is consistent with the densities and intensities of
the Mixed Use / Commercial (MC) Future Land Use Map designation, as set forth in
Policy 10 1.4.21 of the Monroe County Year 2010 Comprehensive Plan;
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
The Board specifically adopts the findings of fact and conclusions of law stated above.
The previously described property shall be designated as Mixed Use (MU) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. R,&.v,.-rAhi1i .
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
S loon 4. ConflietinlProvislons.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 5. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.&
3 80.05 (11) and F. S. 3 80.0552(9).
Section 6. Young
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until approved by the Florida State Land Planning Agency and, if the final
order is challeng4 until the challenge to the order is resolved pursuant to Chapter 120 of the
Florida Statutes.
Section 7. Inclusion on the Man— - I r Code's Official Land Use District me,
The previsions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section S. Effective Daf-
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monme County, Florida
at a regular meeting held on the — day of -2014.
Mayor Sylvia Murphy
Mayor pro teas Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Sylvia Murphy
(SEAL)
ATTEST: AMY BEAVILIN, CLERK
pOF r ,OUNTY ATTORNEI
Deputy Clerk VED AS TO FORM'
EY
.-iw
N, Ey
Page 4 of 4
Exhibit I to Ordinance# -2014
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land on Stock Island having Real Estate Number 00124510-000000
from Urban Residential Mobile Home (URM) to Mixed Use (MU).
13
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL REsouRCEs DEPARTMENT
To: Monroe CountyBoard of County Commissioners
Through- Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning Environmental Resources
From: Joseph Haberman, AICP, Planning Development Review Manager
Date: March 26, 214
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
T{
COMMISSIONERSAMENDING IN THE ICI? USE DISTRICT MAP OF THE
MONROE COUNTY LAND DEVELOPMENT CODE FROM ` URBAN
RESIDENTIAL MOBILE HOME (URM) TO MIXED USE (MU), FOR
PROPERTY LEGALLY" DESCRIBED D AS BLOCK 31, LOT 17, MMONEY SUB
(PLAT BOOK 1, PAGE 5), STOCK ISLAND, MONROE COUNTY, FLORIDA,
HAVING REAL. ESTATE NUMBER 001 4.510, 000000; PROVIDING FOR
SEVERABILITY PROVIDING FOR .REPEAL OF CONFLICTING PROVISIONS,
PR 0 VIDING FOR TRA NSMITTA L TO THE 'TAI LAND PLA NNING A GENC Y
AND THE SECRETARY OF"STATE, PROVIDING IN FOR AMENDMENT TO THE
LAND USE DISTRICT P, PROVIDING FOR AN EFFECTIVE ATE (File
#213-143)
�ti�a April 1, iII
I I i T:
3 A request for approval to amend the land use (zoning) district designation from Urban
4 Residential Mobile LIB D to Mixed Use (MU).
5
6 Note: The applicant originally requested an amendment to Maritime Industries (III). after
7 discussions with Planning Environmental Resources Department staff, the applicant
subsequently revised the application requesting an amendment to Mixed Use (MU).
9
1 Location:
12 address: 5635 MacDonald Donald venue, Stack Island, approximate mile marker 5 (Atlantic
3 4 Ocean side of US 1
1155 Legal Description: Block 31, L, t 17, Mal ney Sub (Plat cook 1, Page 55)
17 Real Estate (RE)Number: 00124510.000000
1
Applicant:
1 Agent; Trepanier & Associates, Inc.
22 Owners One Key West Investment, L,Lr
Page I of 21 (File 201 -1 )
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I In 1986, a series of zoning maps, entitled the Land Use District Map (LUDM), were adopted
2 for all areas of the unincorporated county. After a boundary determination process, a revised
3 series became effective in 1992. On sheet 576 of the LUDM, the subject property is within an
4 URM land use district (see Attachment 2).
5
6 In 1993, a series of future land use maps associated with the comprehensive plan, entitled the
7 Future Land Use Map (FLUM), were adopted for all are of the unincorporated county.
8 This map series became effective in 1997. On map 8 of the FLUM, the subject property is
9 within a Mixed Use / Commercial (MC) category (see Attachment 3).
10
I I On August 30, 2013, the Senior Director of Planning & Enviromnental Resources issued a
12 letter of understanding concerning the subject property. In the letter, the director determined
13 that the existing uses were lawfully established and were subsequently deemed lawfully
14 nonconforming by the final adoption of the LUDM,
15
16 There is not a building permit on file in the Building Department's records for the
17 construction of the existing building. The Monroe County Property Appraiser's records
18 indicate that the building was constructed in 1943. If this date is accurate, the building was
19 built prior to the establishment of county planning and building regulations in 1960, The
20 following building permits are on file under RE #00 1245 10.000000:
21
Permit No. Date Issueescri tin
4100 08-06-1962 Construct a screened wall structure
A-3104 01-04-1978 R air d aint buildi
881-0056 01-15-1988 Re air electric
911-2245 10-18-1991 Re air roof
931-6831 09-17-1993 Install hurricane shutters
15
22
23 During a meeting held on January 28, 2014, the Monroe County Development Review
24 Committee reviewed the application and recommended approval to the BOCC. During a
25 meeting held on March 26, 2014, the Monroe County Planning Commission reviewed the
26 application and recommended approval to the BOCC.
27
28 IV REVIEW OF APPLICATION:
29
30 Criteria: In order to be approved, an amendment to the LUDM must meet at least one of the
31 provisions set forth in MCC §102-158(d)(5)(b): 1) Changed projections from those on which
32 the [boundary] was based; 2) Changed assumptions; 3) Data errors, including errors in
33 mapping, vegetative types and natural features described in volume I of the [comprehensive
34 plan]; 4) New issues; 5) Recognition of a need for additional detail or comprehensiveness; or
35 6) Data updates. In addition, the County must ensure that the proposed amendment is
36 consistent with the goals, objectives, policies, and level of service standards in the
37 comprehensive plan. Further, as a designated Area of Critical State Concern, pursuant to
38 Sections 380.05 and 380.0552, F.S., the County's land development regulations, and their
39 associated maps, also must be consistent with Principles for Guiding Development.
40
Page 3 of 21 (File 2013-143)
Analysis: The following image depicts the subject property and surrounding properties on the
originally adopted LUDM:
WO JOINS am ME
Low ONWOOM SWIM M own=
MW MW 'am van
Following the adoption of nearby map amendments since 1992, the following image depicts
the suldectgrove rty and surroundina properties on the current LUDM:
URM
2014 LUDM -including amendments since 1992 (MC GIS)
Page 4 of 21 (File 2013-143)
1 Concerning the existing residential dwelling unit on the subject property, following the pre-
2 application conference on June 27, 2013, staff researched the Growth Management
3 Division's records and did not find a building permit that established the residential
4 dwelling unit On the application for Building Permit #4100, which was subsequently
5 approved, the "Present Use of Property" is identified as "Business & Residential." Further,
6 on the application for Building Permit #A-3104, which was subsequently approved, the
7 type of structure is indicated as a "Single -Family Residence" and the applicant included a
8 handwritten notation of "Repair to Residence." These official Growth Management records
9 support the lawful existence of one residential dwelling it on the subject property.
10 Therefore, as there are official approvals on file for the residential dwelling it, pursuant
11 to MCC §138-22(l), the existing residential dwelling unit is BUGG exempt and may be
12 replaced.
13
14 Concerning the nonresidential floor area on the subject property associated with the existing
15 commercial retail and office use, following the pre -application conference on June 27,
16 2013, staff researched the Growth Management Division's records and did not find a
17 building permit that established the nonresidential floor area. On the application for
18 Building Permit #4 100, which was subsequently approved, the "Present Use of Property" is
19 identified as "Business & Residential." However, the amount of floor area is not stated.
20 These official Growth Management records support the lawful existence of a nonresidential
21 use, but do not clearly indicate the amount of nonresidential floor area on the subject
22 property. In order to receive a determination as to the precise amount of nonresidential floor
23 area that was lawfully established and thereby may be replaced exempt of the NROGO
24 permit allocation system, the property owner must apply for a Letter of Development
25 Rights Determination.
26
27 The existing office/commercial retail use (with an amount of square footage to be
28 determined) is a lawful nonconforming use that has been continuously in existence on the
29 subject property since the 1960s, It was deemed lawfully nonconforming in 1986 when the
30 County included the property within the URM land use district. The existing
31 office/commercial use is a conforming use within the MC PLUM category.
32
33 After a review of the County's records, staff has concluded that there have never been any
34 approved mobile homes located on the property. The property may have been inadvertently
35 included in the URM land use district following an assumption that it was part of, or
36 associated with, the neighboring mobile home parks in existence in the 1980s.
37
38 The applicant has requested a MU land use district designation. The MU designation would
39 eliminate the nonconformity to the permitted use provisions of the Land Development
40 Code.
41
42 The proposed amendment would not create a new MU land use district. The proposed
43 amendment would shift the boundary lines of an existing MU land use district from along
44 the subject property's eastern and southern property lines to the subject property's western
45 and northern property lines.
46
Page 6 of 21 (File 2013-143)
I Consistency of the proposed amendment with the provisions and intent of the Monroe
2 County Comprehensive Plan.-
3
4 Staff has determined that the proposed map amendment is not inconsistent with the
5 provisions and intent of the Year 2010 Comprehensive Plan.
6
7 The applicant is not proposing a map amendment to the FLUM designation of C. The MC
8 PLUM designation allows the existing uses (residential and commercial retail/office) (see
9 Policy 101.4.5). Further, the existing URM LUDM, designation is inconsistent with the MC
10 FL LTM designation (see Policy 101.4.21).
11
12 Land use -related policies from the Monroe County Year 2010 Comprehensive Plan that
13 directly pertain to the application include:
14
15 Policy 101 4,5: The principal purpose of the Mixed Use/ Commercial land use category is
16 to provide for the establishment of commercial land use (zoning) districts where various
17 types of commercial retail and office may be permitted at intensities which are consistent
18 with the community character and the natural environment, Employee housing and
19 commercial apartments are also permitted. In addition, Mixed Use/Commercial land use
20 districts are to establish and conserve are of mixed uses, which may include maritime
21 industry, light industrial uses, commercial fishing, transient and permanent residentiaL
22 institutional, public, and commercial retail uses.
23
24 This land use category is also intended to allow for the establishment of mixed use
25 development patterns, where appropriate. Various types of residential and non-residential
26 uses may be permitted; however, heavy industrial uses and similarly incompatible uses
27 shall be prohibited. The County shall continue to take a proactive role in encouraging the
28 maintenance and enhancement of community character and recreational and commercial
29 working waterfronts.
30
31
Policy 101.4.21: Monroe
County hereby adopts
the following density and intensity
32
standards for the future land use categories, which are shown on the
Future Land Use
33
Map and described in Policies 10 IA 1 - 10 1.4 , 17:
34
-Future
Land Use Densities and Intensities
Future Land Use
Allocated Density
Maximum Net
Maximum
Category
(per acre)
Density
Intensity
And Corresponding
(per buildable
(floor area ratio)
Zoni
Mixed Use/Commercial
1-6 du
2 -18 du
0.10-0,45
(Mc)(g)(J)
5-15 rooms/spaces
10-25
(SC, UC, DR,
(SC, UC, DR, RV, MU
I do (MI zoning)
rooms/spaces
RV, and MU
and
2 do (MI zoning)
zoning)
MI zoning)
0.30460 (MI
zoning)
Page 7 of 21 (File 2013-143)
(g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed
Use/ Commercial and Mixed Us Commercial Fishing land use categories, the floor area ratio
shall be O10 and the maximum net residential density bonuses not apply.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
0) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
within the MC future land use category. Working waterfront and water dependent uses, such as
marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall
comprise a minimum of 35% of the unkind area of the 111!naqiil purse anttea l`olie. . .
2 Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010
3 Comprehensive Plan as a part of the plan and be implemented as part of the
4 Comprehensive Plan. The following Community Master Plans have been completed in
5 accordance with the principles outlined in this section and adopted by the BCI
6
7 3. The Stock Island/Key Haven Livable ComwarniKeys Plan Volume I is incorporated
8 by reference into the 2010 Comprehensive Plan. The term Strategies in this Master
9 Plan is equivalent to the to Objectives in the Comprehensive Plan and the term,
10 Action Item is equivalent to the to Policy; the meanings and requirements for
11 implementation are synonymous.
12 4. Volume Two (2) of the Stock Island and Key Haven Livable CommurdKeyx
13 Master Plan titled Harbor Preservation/Redevelopment and Corridor Enhancement
14 Plan dated November 2005 and incorporated by reference into the 2010
15 Comprehensive Plan. The term Strategies in this Master Plan is equivalent to the to
16 Objectives in the Comprehensive Plan and the to Action Item is equivalent to the
17 to Policy; the meanings and requirements for implementation are synonymous.
18
19
20 Policy_ 108. 1. 1: Monroe County shall transmit to the commanding officer of Naval Air
21 Station Key West information relating to proposed changes to comprehensive plans, plan
22 amendments, Future Land Use Map amendments and proposed changes to land
23 development regulations which, if approved, would affect the intensity, density, or use of
24 the land adjacent to or in close proximity to the Naval Air Station Key West (within the
25 Military Installation Area of Impact (MIAI)). Pursuant to statutory requirements, Monroe
26 County shall also transmit to the commanding officer copies of applications for
27 development orders requesting a variance or waiver from height requirements within
28 are defined in Monroe County's comprehensive plan as being in the MUM, Monroe
29 County shall provide the military installation an opportunity to review and comment on
30 the proposed changes.
31
32 Policy 502.1 .2: Monroe County shall permit land uses supportive, complementary or
33 otherwise port related nearby and adjacent to the Safe Harbor/Peninsular port area of
34 Stock Island. Within 12 months of the effective date of the Comprehensive Plan, Monroe
35 County shall adopt Land Development Regulations and amend the Land Use District
36 Maps to only permit those uses, including but not limited to warehousing, industry,
37 affordable housing, marine businesses, and restaurants.
38
Page 8 of 21 (File 2013-143)
31
32
33
34
35
36
37
38
Cork envy -related policies from the Monroe County Year 2010 Comprehensive Plan that
directly pertain to the application include:
Traffic Circulation (Polies 301.1.1,
The subject property is located along segment I of US I (Cow Key Bridge, mile maker 4
to Key Haven Boulevard, mile marker 5). The level of service (LOS) standard for US I is
a LOS of "C." According to the 2013 US I Arterial Travel Time and Delay Study, US I
overall is operating at a LOS of "C" and the segment I is operating at a LOS of" "
The proposed amendment could result in a new development with a net increase in
vehicular trips; however based on the size of the site, it is unlikely that any new
development would adversely affect the existing LOS of "B" for segment 1.
Potable Water (Poli_ "A' I I
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a
maximum water treatment design capacity of 29.8 million gallons per day (MUD) and is
capable of treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RO)
plants, located on Stock Island and Marathon, which are able to produce potable water
under emergency conditions. The RO decalination plants have design capacities of 2.0
and 1.0 MOD of water respectively. The annual average daily demand in the County is
1621 MOD and projections indicate a slight increase to an annual average daily demand
to 16.54 MOD.
The proposed amendment could result in a net increase in demand from this site of up to
333.76 gallons per day if developed to its maximum nonresidential intensity; however
based on the size of the site, it is unlikely that any new development would significantly
affect the annual average daily demand.
Potable Water
Residential
Existing: 66.50 G/C/D' I unit 224
URM (149 G/D)
Proposed: 66.50 G/C/D 2 units 2.24
MU (149 G/D')
Solid to (Policy QQ1 1 1
Estimated Total LOS
Total Persons Demand �
124 333.76 G/D
4,48 667.52 G/D
Monroe County has a contract with to Management, authorizing the use of in -state
facilities through September 30, 2016; thereby, providing the County with approximately
three years of guaranteed capacity. Currently, there is adequate capacity for solid waste
generation. The County is currently working on 10 year contracts for solid waste
disposal.
Page 9 of 21 (File 2013-143)
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Solid Waste Max Potential Persons/ Estimated
Total Net
LUD
Residential LDS Residential Total
household
LOS
Change
Standard Development Persons
Demand
5.44 P/C/D
Listing..
URM
(12.2 P/D per I unit 2.241 2.24
EDU)
12.19
P/D
+12.19
I Proposed: 5.44 P/C/D 24.37 P/D
MU (12.2 P/D per 2 units 2.24 4.48 P/D
EDU) I I
1: Pounds per Capita per Day (P/C/D) and Pounds per Day (P/D) per Equivalent Pesidential Unit
(EVU)
SSanitAry Sewer 'Polic 90 1. 1.1 -( ---- y ------- I
Monroe County shall ensure that at a time a development permit is issued, adequate
sanitary wastewater treatment and disposal facilities are available to support the
development at the adopted LOS standards, concurrent with the impacts of such
development. The County has adopted water quality treatment standards for wastewater
facilities, Within the Sanitary Wastewater Treatment Master Plan, it is stated the LOS
standard for residential and nonresidential flow is 145 gallons per day per equivalent
dwelling unit (EDU).
The KW` Resort Utilities Corp. maintains a central sewer system is available to this
parcel, and any new or existing development is required to connect to the sewer system.
The KW Resort Utilities Corp. is designed and constructed in accordance with the
adopted levels of service treatment standards
Any development on Stock Island shall be consistent with all goals, strategies and action
items of the Master Plan for the Future Development of Stock Island and Key Haven (aka
the Livable Cosa it Plan). Action items that directly pertain to the application
include:
Action Item 2.2 . 1: Promote community character, establish conformance and resolve land
use issues by identifying and changing the land use designation on parcels of land
containing non -conforming uses and rezone as appropriate.
Action Item 2.3.1: Continue to recognize land use districts and FLUM categories as the
regulatory tool used for evaluating individual proposals for compliance with land
development standards such as type of use and intensity of use.
Consistency of the proposed amendment with the provi sions and intent of the Monroe
County Code:
In accordance with MCC §102-158(d)(5)b,, the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one or more of the following factors:
Page 10 of 21 (File 2013-143)
1. Changed projections (e.g., regarding public service needs) ftom those on which the
text or boundary was based -
Staff has not identified any changed projections from those on which the boundary
was based that would necessitate the amendment of the subject property's land use
district from URM to MU.
2. Changed assumptions (e.g., regarding demographic trends).,
Staff has not identified any changed assumptions that would necessitate the
amendment of the subject property's land use district from URM to MC.
3. Data errors, including errors in mapping, vegetative types and natural features
described in Volume I of the Year 2010 Comprehensive Plaiv
There has never been a mobile home on the subject property. It may have been
inadvertently included in the URM land use district following an assumption that it
asp of, or associated with, the neighboring mobile home parks.
As there is no evidence that a mobile home has lawfully existed on the site or that a
mobile home was proposed to exist on the site, the application of the URM
designation on the subject property may constitute a mapping error.
4. New issues -
The Master Plan for the Future Development of Stock Island and Key Haven was
adopted in 2007, after the application of URM to the subject property in 1986-1992
and the application of MC to the subject property in 1997. Of importance to this
application, Action Item 2.2.1 states that to "promote community character, [the
County should] establish conformance and resolve land use issues by identifying and
changing the land use designation on parcels of land containing non -conforming uses
and rezone as appropriate."
This is a new direction for how to approach and review map amendment applications
that eliminate noncomarmities in the Stock Island area.
5. Recognition of needfor additional detail or comprehensiveness
Staff has not identified any recognition of a need for additional detail or
comprehensiveness that would necessitate the amendment of the subject property's
land use district from URM to U.
6. Data apdates..
Page 11 of 21 (File 2013-lei 3)
1 Staff has not identified any data updates that would necessitate the amendment of the
2 subject property's land use district from URM to MU.
3
4 7. For Ff UM changes, the principles for guiding development as defined in the Florida
5 Statutes relating to changes to the comprehensive plan:
6
7 Not applicable. The PLUM designation shall remain MC.
9 Impact on Community Character.
10
11 MCC § 102-158 maintains that map amendments are not intended to relieve particular
12 hardships, nor to confer special privileges or rights on any person, nor to permit a change
13 in community character, as analyzed in the Year 2010 Comprehensive Plan, but only to
14 make necessary adjustments in light of changed conditions.
15
16 As the proposed MU land use district is consistent with the subject property's existing
17 MC PLUM category, the proposed MU land use district designation would not adversely
18 impact community character as envisioned by the comprehensive plan.
19
20 The surrounding area consists of a mixture of land uses, including residential and
21 nonresidential uses. The community character of the area is derived from the various
22 uses. To the northeast, north, northwest and west on Block 31, the URM land use district
23 continues. To the east on Block 31 and to southeast, south and southwest on Block 35
24 (across MacDonald Avenue) is a MU land use district. In the general area, there are
25 several other land use districts, including Urban Commercial (UC), Urban Residential
26 (TJR), Recreational Vehicle (RV), and Native Area (NA).
27
28 The proposed amendment would not create a new NW land use district. Most of the
29 immediate vicinity is currently zoned U. There are 20 lots within the subject property's
30 block. In 1992, 16 lots of the 20 lots were designated URM. But since that time, map
31 amendments have been adopted transitioning the block to primarily MU. Only five lots
32 are currently designated URM, while the remaining 15 lots are designated MU, including
33 Lot 16, which is the contiguous lot to the east. The entire block is designated as MC, on
34 the PLUM.
35
36 The proposed amendment would shift the existing URMIMU boundary line from along
37 the subject property's eastern and southern property lines to the subject property's
38 western and northern property lines.
39
40 This application would allow some new uses on the site, mainly nonresidential. As
41 residential and nonresidential uses have been in existence since the 1960s, it is not
42 anticipated that any newly allowed future development will impact the existing character
43 of the adjacent area.
44
45 Land Use District Purposes:
46
Page 12 of 21 (File 2013-143)
I No existing use would be deemed a nonconforming use by virtue of an amendment from
2 URM to MU.
3
4 Iv1 �130-3 8�: The purpose of the MU district is to establish or conserve are of
5 mixed uses, including corrunercial fishing, resorts, residential, institutional and
6 commercial uses, and preserve these as areas representative of the character, economy
7 and cultural history of the Florida Keys.
8
9 MCA 130-49: The purpose of the URM district is to recognize the existence of
10 established mobile home parks and subdivisions, but not to create new such areas,
11 and to provide for such areas to serve as a reservoir of affordable and moderate -cost
12 housing in the County.
13
14 After a review, staff has determined that the existing development on the site (residential
15 and commercial retail/office), the size of the site (0.14 acres) and the location of the site
16 (adjacent to several nonresidential and residential uses) are more compatible and
17 consistent with the purpose of the proposed MU land use district than the existing URM.
18
19 Land Use District Permitted Uses:
20
21 Notable differences between the W and URM land use districts are in italics:
22
23 MMQLL130-88.
24
25 (a) The following uses are permitted as of right in the MU district:
26 (1) Detached residential dwellings;
27 (2) Commercial retail (low and medium intensity) and office uses, or any
28 combination thereof of less than 2,500 SF of floor area;
29 (3) Institutional residential uses involving less than 10 dwelling units or rooms;
30 (4) Commercial apartments involving less than 6 dwelling units;
31 (5) Commercial recreational uses limited to a) bowling alleys; b) tennis and
32 racquet ball courts; v) miniature gidf and driving ranges,- d) theaters; e)
33 health clubs; andfi swimmingpools;
34 (6) Commercialfishing;
35 (7) Manufacture, assembly, repair, maintenance and storage of traps, nets and
36 otherfishing equipment;
37 (8) Institutional uses and accessory reside uses involving less than 10
38 dwelling units or rooms;
39 (9) Public buildings and uses;
40 (10) Home occupations;
41 (11) Community parks;
42 (12) Accessory uses;
43 (13) Vacation rental use of detached dwelling units;
44 (14) Replacement of an existing antenna- supporting structure;
45 (15) Collocations, on existing antenna -supporting structures;
46 (16) Attached wireless communications facilities, as accessory uses;
Page 13 of 21 (File 2013-143)
1 (17) Stealth wireless communications facilities, as accessory uses;
2 (18) Satellite earth stations less than 2 meters in diameter, as accessory uses;
3 (19) Attached and unattached residential dwellings involving less than 6 units,
4 designated as employee housing; and
5 (20) Wastewater nutrient reduction cluster systems that serve less than 10
6 residences.
7
8 (h) The following uses are permitted as minor conditional uses in the MU district:
9 ( 1 ) Attached residential dwelling units, provided that a) the total number of units does
10 not exceed 4; and S) the structures are designed and located so that they are
11 visually compatible with established residential development within 250' of the
12 parcel proposed for development;
13 (2) Commercial recreational uses, provided that a) the parcel of land proposed for
14 development does not exceed 5 acres; b) the parcel proposedfor development is
15 separated from any established residential use by a class C buff eryard; and c) all
16 outside lighting is designed and located so that light does not shine directly on
17 any established residential use;
18 (3) Commercial retail (low and medium intensity) and office uses or any combination
19 thereof of greater than 2,500 but less than 10, 000 SF offloor area, provided that
20 access to US 1 by way of a) an existing curb cut; b) a signalized intersection; or
21 c) a curb cut that is separated from any other curb cut on the same side of US 1
22 by at least 400';
23 (4) Commercial retail (high intensity) and office uses or any combination thereof of
24 less than 2,500 SF offloor area, provided that access to US I is by way of a) an
25 existing curb cut; S) a signalized intersections` or c) a curb cut that is separated
26 ftom any other curb cut on the same side of US I by at least 400';
27 (5) Commercial apartments involving 6 to 18 dwelling units, provided that a) the
28 hours of operation of the commercial uses are compatible with residential uses;
29 b) access to US I is by way of 1) an existing curb cut; 2) a signalized intersection;
30 or 3) a curb cut that is saparatedfrom any other curb cut on the same side of US
31 1 by at least 400 '; and c) tourist housing uses, including vacation rental uses, of
32 commercial apartments are prohibited;
33 (6) Institutional residential uses involving 10 or more dwelling units or rooms,
34 provided that a) the use is compatible with land use established in the immediate
35 vicinity of the parcel proposedfor development; h) access to US I is by we of 1)
36 an existing curb cut; 2) a signalized intersection; or 3) a curb cut that is
37 separated front any other curb cut on the same side of US I by at least 400'; and
38 c) tourist housing uses, including vacation rental use, of institutional residential
39 dwelling units is prohibited;
40 (7) Hotels of fewer than 50 rooms, provided that a) the use is compatible with
41 established land uses in the immediate vicinity,- and b) one or more of the
42 following amenities is available to guests: 1) swimming pool; 2) marina; and 3)
43 tennis courts;
44 (8) Campgrounds, provided that a) the parcel proposedfor development has an area
45 of at least 5 acres,- b) the operator of the campground is the holder of a valid
46 county business license; c) if the use involves the sale of, oods and services, other
Page 14 of 21 (File 2013-1431
I than the rental of camping sites or recreational vehicle parking spaces, such use
2 does not exceed 1, 000 SF and is designed to serve the needs of the campground,-
3
and al) the parcel ,pr¢oaposed for° development is separated fi•orrr all adjacent parcels
4 of lanai by at lest a class C bufferyard,
(9) Light industrial rises: provided that a) the parcel pr=oposedfor° development is less
than 2 acres; b) the parcel ,proposed for development is separated fison are
7 established residential use by at least a class C bufferyar° l; and c) all outside
storage areas are screeneditorn adjacent uses by a solid fence, wall or hedge at
9 bast 0 ' in height;
10 (10) parks and community parks;
11 (11) Satellite earth stations greater than or equal to 2 meters in diameter, as accessory
12 uses;and
13 (12) Attached and unattached residential dwellings involving 6 to 18 omits,
14 designated as employee housing.
15
1 () The following uses are permitted as major conditional uses in the MU district:
17 (1) Commercial retail flow and medium intensity) and of, ice uses or any combination
18 thereof ofgreater r eater° than 10, 000 SF infloor loor° area, provided that access to Imo` I is by
19 way of `a) an existing curb cut; b) a signalized intersection; or c) a curb cut that is
20 separatedfrom any other curb cut on the same side of US I by at least 4 '1
21 (2) Commercial retail (high -intensity) and office rases or any combination thereof of
22 greater than 2„500 SF in floor area, provided that access to US 1 is by way of'aj
23 an existing curb eat; b) a signalized intersection,- or e) a curb cut that is
24 separated from any other curb coat on the same side of US I by at least 400,;
25 (3) attached residential dwelling grits, provided that a) the structures are designed
6 and located so that they are visually compatible with established residential
27 development within 250' of the parcel proposed for development; and b) the
28 parcel proposed for development is separated from any established residential
29 use by a class C bufferyard,
30 (4) Marinas, provided that a) the parcel proposed for development has access to water
31 at bast 4' below sea level at mean low tide; h) the sale of goods and
32 services is limited to fuel, foam, boating, diving and sport fishing products; cj all
33 outside storage as are screened from adjacent uses by a solid fence, wall or
34 hedge at bast ' in height; d ) each non -waterside perimeter setback of the
35 parcel proposed for development must have a class C bufferyard within a side
36 yard setback of 10'
37 (5) Hotels providing 50 or more rooms, provided that a) the hotel has restaurant
38 facilities on or adjacent to the ,premises; b) access to US I is by way of 1) an
39 existing curb cut; 2) a signalized intersection; or ) a curb cart than is separated
40 from any other curb east on the same side of US I by at least 400'. and c) the
41 parcel ,proposed for development is separated from any established residential
42 use by a class C bafferyard;
43 () Heliports or seaplane ports, provided than a) the helicopter is associated with a
44 governmental service facility, a law enforcement element or a medical services
45 facility b) the heliport or seaplane port is a Federal Aviation Administration
46 certified landing facility c) the landing and departure approaches do not .pass
Page 15 ot21 (File 2 1 -1 )
over established residential uses or known bird rookeries; d) if there are
established residential uses within 500' of the parcel proposedfor development,
the hours of operation shall be limited to daylight; and a) the use is fenced or
otherwise secured from entry by unauthorizedpersons;
(7) Light industrial uses, provided that a) the parcel proposed for development is
greater than 2 acres; b) the parcel proposed for development is separated from
any established residential use by a class C bufferyard; and c) the use is
compatible with land uses established in the immediate vicinity of the parcel
proposed for development;
(8) Boat building or repair in conjunction with a marina or commercial fishing use,
provided that a) the parcel proposed for development has access to water at least
4' below mean sea level at mean low tide; b) the sale of goods and services is
limited to fuel, food, boating, diving and sport fishing products,, c) all outside
storage areas are screened from adjacent uses by a solid fence, wall or hedge at
least 6' in height,- and d) the parcel proposed for development is separatedftom
any established residential use by a class C lifferyard,
(9) Mariculture;
(10) New antenna -supporting structures;
(11) Land use overlays A, E, PF;
(12) Attached and unattached residential dwellings involving more than 18 units,
designated as employee housing; and
(13) Wastewater treatment facilities and wastewater treatment collection systems
serving uses located in any land use district, provided that a) the wastewater
treatment facility and wastewater treatment collection systems are in compliance
with all federal, state, and local requirements; b) the wastewater treatment
facility, wastewater treatment collection systems and accessory uses shall be
screened by structures designed to be architecturally consistent with the
character of the surrounding community and shall minimize the impact of any
outdoor storage, temporary or permanent, and v) in addition to any district
boundary buffers set forth in chapter 114, article IV, a planting bed, 8' in width,
to be measured perpendicular to the exterior of the screening structure shall be
established with the fiillowing.• 1) one native canopy tree for every 25 IF of
screening structure; 2) one understory tree for every 10 IF ofsereening structure
and the required trees shall be evenly distributed throughout the planting bed; 3)
the planting bed shall be installed as set forth in chapter 114, article IV, and
maintained in perpetuity,, and 4) a solid fence may be required upon
determination by the planning director.
hM1CCC_§130-99:
(a) The following uses are permitted as of right in the URM district:
(1) Mobile homes;
(2) Detached residential dwellings;
(3) Recreational vehicles as provided in chapter 513, F S;
(4) Home occupations;
(5) Accessory uses;
Page 16 of 21 (File 2013-143)
1 (6) Tourist housing uses, including vacation rental uses, are prohibited except in
2 gated communities that have a) controlled access,- and b) a homeowner's or
3 property owner's association that expressly regulates or manages vacation rental
4 uses;
5 (7) Collocations on existing antenna -supporting structures;
6 (8) Satellite earth stations less than 2 meters in diameter, as accessory uses; and
7 (9) Wastewater nutrient reduction cluster systems that serve less than 10 residences.
8
9 fid The following uses are permitted as minor conditional uses in the URM district:
10 (1) Replacement of an existing antenna -supporting structure;
11 (2) Stealth wireless communications facilities, as accessory uses; and
12 (3) Satellite earth stations greater than or equal to 2 meters in diameter, as accessory
13 uses.
14
15 (c) The following uses are permitted as major conditional uses in the UJIM district:
16 (1) Marinas, provided that a) the parcel proposed for development has access to water
17 at least 4' below mean sea level at mean low tide; b) the sale of goods and
18 services is limited to fuel, food, boating, diving and sport fishing products; x)
19 vessels docked or stored shall not be used for live -aboard purposes; and d) all
20 outside storage are are screened from adjacent uses by a solid fence, wall or
21 hedge at least 6' in height; a) each non -waterside perimeter setback of the parcel
22 proposed for development must have a Mass- C bufferyard within a side yard
23 setback of 10';
24 (2) Commercial retail (low and medium intensity) and office uses or any combination
25 thereof of less than 2,500 SF of floor area, provided that: a) the parcel of land on
26 which the commercial retail use is to be located abuts the right-of-way of US I - b)
27 the structure must be located within 200' of the centerline of US 1; c) the
28 commercial retail use does not involve the sale of petroleum products; d) the
29 commercial retail use does not involve the outside storage or display of goods or
30 merchandise; e) there is no direct access to US I from the parcel of land on which
31 the commercial retail use is to be located, J) the structure in which the
32 commercial retail use is to be located is separate dfrom the US 1 right-of-way by
33 a class C bufferyard; g) the structure in which the commercial retail use is to be
34 located is separated ftom any existing residential structure by a class C
35 bufferyard, and h) no signage other than one identification sign of no more than 4
36 LF shall be placed in any yard or on the wall of the structure in which the
37 commercial retail use is to be located exceptfor the yard or wall that abuts the
38 right-of-wayfor US 1;
39 (3) Parks and community parks; and
40 (4) Land use overlays A, E, PF
41
42 Land Use Intensities:
43
44 Note: As the applicant is not requesting a FLUendment, the maximum residential
45 densities and nonresidential intensities as permitted by the comprehensive plan
46 (specifically Policy 101.4.21) shall not be affected.
Page 19 of 21 (File 2013-143)
I
4
5
6
7
8
9
W
I
MCC 6130-157. Maximum residential densi
Land Use District Allocated Density Maximum Net Density
Open Space
Ratio
URM 1/lot ( latted N/A
0.2
5/acre (bile home 7/buildable acre
0
.�(mo
ark)
MU I/acre 12/buildable acre
0.2
A:
IV �nc r je(a IT6 ir d 8 Is 1 e 18/buildable acre (affordall:
�hc:ffin� �-e
so
ern lo ee us m lo�
Usin the In est maximum net density available for each district:
Size of Site
Max Allowed
URM 7 O� 14 acres (0. 112 buildable acres)
F7F
0.77 units
URM I/lot I fatted lot
1.00 unit
MU 18 0.14 nnmr, (o 112 buildable acres
2.02 units
Not considering regulations beyond MCC §130-157, the residential density allowances of
MCC §130-157 would allow one more potential permanent residential unit on the property
than that currently allowed (however the additional it would require an affordable housing
deed -restriction).
MCC 130-162. Maximum hotel -motel creations] vehicle and institutional residential densities
am
Land Use District Allocated Density Maxmum iNet Density
openSpace
units/acre
Ratio
5 IR
URM 5 ( V)
0.2
MU 10 (hotel)
0.2
5 institutional, I
10 (101) 1 o (m
Usin the hi best maximum net density available for each district
Size of Site
nMU5
a
Max Allowed
c
URM 7 01:1 2Ui:i '0 112 buildl=ablea.res
a( =4;2EE
0.77 units
0.14 s (10. 112 buildable acres
20 I
2.20 units
Not considering regulations beyond MCC §130-162, the proposed amendment would
potentiall allow two more transient residential its on the site thntl allowed.
MCC R 13 0-164, Maximum nonresidential land use intensities
Land Use Floor Area Ratio Open Space Ratio
District
URM The maximum per lot stated in article III of the Land 020
DeveloPment Code shall roved.
MU 0.35 (Retail Low) 0.20
Page 18 of 21 (File 2013-143)
O, 'Retail Media
0. 5 Retail H
0.40 '0ffice'
U r OiR _L ecreational
0.30 'Institutional
03Pdh1is'
0.40 (Commercial Fic Jr,
0.3
2
Usin the hi est maximum net floor area ratio available for each district
Size of Site Max Allowed
URM n/a* 6,250 SF 2,500 SF*
MU 0.40 6,250 SF 2,500 SF
3 The maximum per lot stated in article III of the Land Development Code shall prevail.
4
5 Not considering regulations beyond MCC §130-164, the proposed amendment would not
6 allow any more nonresidential floor area on the site than currently allowed.
7
8 Consistency of the proposed amendment with the Principlesfor~ Guiding Development
9
10 Pursuant to Section 380.0552(7), Florida Statutes, for the purposes of reviewing consistency,
11 the principles shall be construed as a whole and no specific provision shall be construed or
12 applied in isolation from the other provisions.
13
14 (a) Strengthening local government capabilities for managing land use and development so
15 that local government is able to achieve these objectives without continuing the area of
16 critical state concern designation.
17 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
18 seal ass beds, wetlands, fish and wildlife, and their habitat.
19 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
20 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
21 beaches, wildlife, and their habitat.
22 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
23 economic development.
24 (a) Limiting the adverse impacts of development on the quality of water throughout the
25 Florida Keys.
26 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
27 environment, and ensuring that development is compatible with the unique historic
28 character of the Florida Keys.
29 (g) Protecting the historical heritage of the Florida Keys.
30 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
31 proposed major public investments, including:
32
33 1 . The Florida Keys Aqueduct and water supply facilities;
34 2. Sewage collection, treatment, and disposal facilities;
Page 19 of 21 (File 2013-143)
3. Solid waste treatment, collection, and disposal facilities;
4, Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss.
3 8 1 .0065(4)(1) and 403.086(1 0), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
(M Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the
Florida Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the
event of a natural or manmade disaster and for a post disaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
The proposed amendment is consistent with the Principles as a whole and is not inconsistent
with any Principle.
In addition, the proposed amendment ffirthers the following other Florida Statutes:
Section 163.3161 ('4"1- Florida Statutes: It is the intent of this act that local gave rnments have
the ability to preserve and enhance present advantages; encourage the most appropriate use
of land, water, and resources, consistent with the public interest; overcome present
handicaps; and deal effectively with future problems that may result from the use and
development of land within their jurisdictions. Through the process of comprehensive
planning, it is intended that its of local government can preserve, promote, protect, and
improve the public health, safety, comfort, good order, appearance, convenience, law
enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
and other requirements and services; and conserve, develop, utilize, and protect natural
resources within their jurisdictions,
Section 163.317716)(a)4. Florida Statutes: The amount of land designated for future planned
uses shall provide a balance of uses that foster vibrant, viable communities and economic
development opportunities and address outdated development patterns, such as antiquated
subdivisions. The amount of land designated for future land uses should allow the operation
Page 20 of 21 (File 2013-143)
I of real estate markets to provide adequate choices for permanent and seasonal residents and
2 business and may not be limited solely by the projected population. The element shall
3 accommodate at least the minimum amount of land required to accommodate the medium
4 projections as published by the Office of Economic and Demographic Research for at least a
5 1 0-year planning period unless otherwise limited under s. 3 80.05, including related rules of
6 the Administration Commission.
7
8 V RECOMMENDED ACTION:
9
10 Staff recommends APPROVAL to the Board of County Commissioners.
Page 21 of 21 (File 2013-143)
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