Item Q3Meeting Date: September 16, 2015 Department: Planning; & Environmental Resources
Bulk Item: Yes No X Staff Contact/Phone #: Mayte Santamaria 289-2562
AGENDA ITEM WORDING: A public hearing to consider a resolution 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 Low (RL) to Commercial
(COMM), for property located at 95710 Overseas Highway, MM96, Key Largo, described as a parcel
of land located in government lot 3, Section 12, Township 62 South, Range 38 East, Key Largo,
Monroe County, Florida, having real estate number 00088350.000000. (Legislative Proceeding)
(Continued from June 10, 2015 BOCC meeting)
ITEM BACKGROUND: The applicant, Micran, Inc., operates a restaurant at 95710 Overseas
Highway in Key Largo known as "Harriette's Restaurant." The subject property currently has a Future
Land Use Map (FLUM) designation of Residential Low (RL) and a Land Use District (LUD)
designation of Suburban Residential (SR). The current use in its present configuration is
nonconforming to the provisions of the current Comprehensive Plan. The applicant is requesting a
change to the FLUM designation in order to eliminate the nonconformity.
The proposed FLUM amendment would result in a decrease in potential residential density (-0.14
units) and an increase in potential nonresidential intensity (+3,125 SF). Pursuant to Policy 101.4.20
(discouragement policy) of the Comprehensive Plan, the applicant would be responsible for mitigation
for an increase in nonresidential intensity. On January 14, 2015, the BOCC transmitted to the State the
proposed 2030 Comprehensive Plan, including changes to Policy 101_.4.20 which eliminate the
requirement for mitigation for increases in nonresidential intensity. The County has received the
Objections, Recommendations and Comments (ORC) Report from the State (DEO) regarding this
amendment and there were no objections to Policy 101.4.20. If the amendment is adopted and becomes
effective, the proposed FLUM amendment would not be subject to mitigation. If not, the applicant
must show compliance with this policy prior to BOCC adoption of the proposed FLUM amendment.
If the BOCC votes to transmit the proposed comprehensive plan FLUM amendment to the State, the
State Land Planning Agency will review the proposed amendment and issue an Objections,
Recommendations and Comments (ORC) Report, addressing any issues with internal consistency, data
and analysis, or consistency with the statutes or the Principles for Guiding Development. Upon receipt
of the ORC report, the BOCC will have 180 days to adopt the amendment, adopt the amendment with
changes or not adopt the amendment.
PREVIOUS RELEVANT BOCC ACTION: Monroe County Resolution #127-2012, adopted by the
BOCC on April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations that
would eliminate the nonconforming use created with the adoption of the existing designations and not
create an adverse effect on the community, provided the existing use existed lawfully in 1992 and
1997.
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy
101.4.20 discouraging private applications for future land use changes which increase allowable
density/intensity. This amendment was found in -compliance by the State Land Planning Agency and
became effective upon the issuance of DEO's Notice of Intent on November 20, 2012.
On January 14, 2015, the Monroe County BOCC adopted Resolution 026-2015, transmitting to the
State Land Planning Agency amendments to the Monroe County Comprehensive Plan including
changes to Policy 101.4.20 which eliminate the requirement for mitigation for increases in
nonresidential intensity. The County has received the ORC report from DEO regarding this
amendment and there were no objections to Policy 101.4.20.
CONTRACT/AGREEMENT
STAFF RECOMMENDATIONS: A
TOTAL COST: NIA INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: NIA
VENUE PRODUCING: Yes _ No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required®
DISPOSITION: AGENDA ITEM
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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
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 Future Land Use Map
amendment,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF i "iCOUNTY,!' 1.:
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.
P. l of 2
Resolution No. -2015
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 163.31 84(4), Florida Statutes.
Section 34 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 161h day of September, 2015.
Mayor Danny L. Kolhage
Mayor Pro Tern, Heather Carruthers
Commissioner George Neugent
Commissioner David Dice
Commissioner Sylvia Murphy
Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Danny L. Kolhage
(SEAL)
P. 2 of 2
Resolution No. -2015
EXHIBIT A to RESOLUTION NO
-2015
MONROE COUNTY,FLORIDA
f MONROE COUNTYBOARD 1 OF iUNTY COMMISSIONER
ORDINANCE Ni
1
ORDINANCE i'OE COUNTY BOARD!
COUNTY12 i '. AMENDINGi ., r i
COUNTY13 1 USE MAP FROM RESIDENTIAL i
14 rCOMMERCIAL (COMM),FOR PROPERTY i 1,
15 AT 95710 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE
16 MILE MARKER 96, DESCRIBED •.: PARCELOF • r:..
17 LOCATED i •NMENT LOT 3, SECTIONTOWNSHIP
18 62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE COUNTY,
' FLORIDA,• REAL ESTATE NUMBER 00088350.000000,
20 AS PROPOSED BY MICRAN, INC.; PROVIDING FOR
21 "A PROVIDING it REPEAL i
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
23 STATE • r PLANNING AGENCY AND THE SECRETARYOF
24 STATE; PROVIDING Fi" INCLUSION IN THE MONROE
25 COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
26 TO THE FUTURE1; USE MAP; PROVIDING iR ,
DATE.27 EFFECTIVE
28
29
30 WHEREAS, on July 25, 2013, Micran, Inc. submitted an application requesting to amend the
31 Future Land Use Map (FLUM) of the Monroe County Comprehensive Flan from Residential Low
32 (RL) to Commercial (COMM); and
33
34 WHEREAS, the subject property is located at 95710 Overseas Highway, Ivey Largo,
35 approximate mile marker 96, and is described as a parcel of land located in government lot 3,
36 Section 12, Township 62 South, Range 38 East, Ivey Largo, Monroe County, Florida, having real
37 estate number 00088350.000000; and
38
39 WHEREAS, Micran, Inc. operates a restaurant known as "Harriette's Restaurant" at the
40 subject property with a current FLUM designation of RL, which does not allow a commercial
Ord. No. -2015
Page 1 or 4
EXHIBIT A to RESOLUTION NO. -2015
41 retail building in the current configuration, and the current use is therefore considered
42 nonconforming to the provisions of the current Comprehensive Plan; and
43
44 WHEREAS, Micran, Inc. is requesting a change to the FLUM designation in order to
45 eliminate the nonconformity for the existing commercial retail use; and
46
47 WHEREAS, at a regularly scheduled meeting held on the 17t' day of December, 2013, the
48 Monroe County Development Review Committee considered the proposed amendment and
49 recommended approval, memorialized by Resolution DRC 08-13; and
50
51 WHEREAS, at a regularly scheduled meeting held on the 251h day of June, 2014, the Monroe
52 County Planning Commission held a public hearing for the purpose of considering the proposed
53 Future Land Use Map amendment; and
54
55 WHEREAS, the Monroe County Planning Commission made the fallowing findings of fact
56 and conclusions of law:.
57
58 1. The proposed FLUM is not anticipated to adversely impact the community character
59 of the surrounding area; and
60 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
61 adopted Level of Service; and
62 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
63 Monroe County Year 2010 Comprehensive Plan, contingent upon the adoption and
64 effectiveness of the BOCC directed amendment to Policy 1.01.4.20; and
65 4. The proposed amendment is consistent with the Key Largo Community Master Plan;
66 and
67 5. The proposed amendment is consistent with the Principles for Guiding Development
68 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
69 Statute; and
70 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
WHEREAS, the Monroe County Planning Commission passed Resolution No. P22-14,
recommending to the Monroe County Board of County Commissioners approval of the proposed
amendment contingent upon the adoption and effectiveness of the BGCC directed amendment to
Policy 101.4.20; and
WHEREAS, at a regularly scheduled meeting held on the 161h day of September, 2015, the
Monroe County Board of County Commissioners held a public hearing, considered the staff
Ord, No. -2015
Page 2 of 4
EXHIBIT A to RESOLUTION NO. -2015
79 report, and provided for public comment and public participation in accordance with the
80 requirements of state law and the procedures adopted for public participation in the planning
81 process, and approved resolution No. -2015 to transmit to the ,State Land. Planning Agency
82 (the Department of Economic Development, or "DEO") an ordinance to amend the subject
83 property's Future Land Use Map designation from Residential Low (RL) to Commercial
84 (COMM); and
85
86 WHEREAS, the Monroe County Board of County Commissioners mares the following
87 Conclusions of Law:
88 1. The ordinance is consistent with the Principles for Guiding Development in the
89 Florida Keys Area of Critical State Concern;
90 2. The ordinance is consistent with the provisions and intent of the Monroe County
91 Comprehensive Plan, contingent upon the adoption and effectiveness of the
92 amendment to Policy 101.4.20; and
93 3. The ordinance is consistent with the provisions and intent of the Monroe County
94 Code; and
95
96 WHEREAS, on the State Land Planning Agency issued its Objections,
97 Recommendations, and Comments (ORC) report. The ORC report
98 states
99 and
100
101 WHEREAS, as a response to the ORC Report, Monroe County
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104 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
105 COMMISSIONERS OF PvIONROE COUNTY, FLORIDA:
106
107 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
108 amended as follows:
109
110 The Future Land Use Map designation for the property described as a parcel of land
III located in government lot 3, Section 12, Township 62 South, Range 38 East, Key
112 Largo, Monroe County, Florida, having real estate number 00088350.000000 is
113 changed from Residential Low (RL) to Commercial (COMM), as shown on
114 Exhibit 1, attached hereto and incorporated herein.
115
1.16 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
117 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
118 validity.
Card. No. -2015
Page 3 of 4
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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
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 , 201 _ .
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
Attest: AMY HEAVILIN, CLERK
By:
Deputy Clerk
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ma
Ord. No. -2015
Page 4 of 4
Mayor Danny L. Kolhage
Proposal-, Future Land Use Map change of one parcel of land in Key Largo N
having Real Estate Number- 00088350-000000 from Residential Low (RQ
to Commercial (COMM). A
1
rr
Lii NEB
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING & ENVIRONMENTAL REsOURCEs DEPARTMENT
7 We strive to be scaring, professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Christine Hurley, AICP, Director of Growth Management
12 Mayte Santamaria, Senior Director of Planning & Environmental Resources
13
14 From: Emily Schemper, Comprehensive Planning Manager
15
16 Date: August 19, 2015
1.7
18 Subject Request by Micran, Inc. to amend the Future Land Use Map of the Monroe County
19 Comprehensive Plan from Residential Low (RL) to Commercial (COMM) for
20 property located at 95710 Overseas Highway in Key Largo, having real estate
21 number 00088350.000000,
22
23 Meeting: September 16, 2015
24
25 1. REQUEST ;
26
27 On July 25, 2013, Micran, Inc. submitted an application requesting an amendment to the
28 Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential
29 Low (RL) to Commercial (COMM) for property located at 95710 Overseas Highway in Key
30 Largo (having real estate number 00088350.000000), commonly known as "Harriette's
31 Restaurant."
32
Existing FLUM
Proposed FLUM
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A. Site Information
1. Size of Site: 12,500 SF (0.29 acres) per survey
2. Land Use District: SR
3. FLUM Designation: RL
4. Tier Designation: III
5. Flood Zone: AE-9 and X
6. Existing Use: Commercial Retail
7. Existing Vegetation/Habitat: Scarified/Developed land
8. Community Character of Immediate Vicinity: Mix of residential,
hotel.
vacant land, and
Micran, Inc. currently operates a restaurant known as "Harriette's Restaurant" at 95710
Overseas Highway in Key Largo. The subject property currently has a Future Land Use Map
(FLUM) designation of Residential Low (RL). The property currently has a Land Use District
(LUD) designation of Suburban Residential (SR).
Historically, the parcel having RE#00088350.000000 was within a BU-1 (Light Business)
zoning district. Restaurants were a permitted use in BU-1 districts. 1n 1986, the property was
rezoned to its current LUD of SR. With the adoption of the Comprehensive Plan's FLUM in
1997, the subject parcel was given its current FLUM designation of RL.
Monroe County Code (MCC) currently considers restaurant uses to be commercial retail uses.
Policy 101.4.2 of the Comprehensive Plan, which describes permitted uses in the RL FLUM
category, does not state that commercial retail uses are allowed. Additionally, the current
MCC land development regulations pertaining to permitted uses within the SR district do not
allow a commercial retail building in the current configuration of the building on the subject
property. Therefore, the existing commercial retail use is nonconforming to the provisions of
the current Comprehensive Plan and land development regulations. The applicant is requesting
amendments to both the FLUM and LUD designations in order to eliminate the
nonconformity. The subject of this staff report is the requested FLUB' amendment,
B. Lawful Nonconformity
The current Planning & Environmental Resources Department's fee schedule (adopted April
15, 2015 by Resolution #118-2015) includes a special provision for properties with certain
nonconforming uses. The BCCC first adopted this provision as an amendment to the fee
schedule on April 18, 2012 by Resolution #127-2012. This resolution amended the Planning
Environmental Resources Department's fee schedule to waive application fees for property
owners applying for a LUD reap and/or FLUM amendment that eliminates a lawfully
established nonconforming use created with the final adoption of the LUD map and/or FLUM,
and which does not create an adverse effect on the community. To be exempt from the FLUM
amendment application fee, the property owner must provide satisfactory evidence that the
existing use on the site also existed lawfully in 1997 and was deemed nonconforming by final
adoption of the FLUM.
A Letter of Understanding (LOU) concerning the property was issued by the Planning
Department (staff) on March 20, 2009; an addendum to the LOU was issued on April 30,
2009; and a second addendum to the LOU was issued on September 5, 2012 (See Exhibit 1),
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File #2013-093
I As detailed in the LOU and its addendums, staff determined that the existing 1,707 SF
2 restaurant on the site is a lawful nonconforming commercial retail use and existed on the site
3 prior to 1986. Staff also determined that the existing use existed lawfully in 1997 and was
4 deemed nonconforming the final adoption of the FLUM. Although the applicant did not
5 propose a new FLUM category at the time of the LOU, staff determined that, if the applicant
6 requests a FLUM designation that permits commercial retail use, the request would qualify for
7 the fee exemption to the FLUM Amendment. The applicant's request to change the FLUM
8 designation of the property to COMM would permit commercial retail use, and therefore, the
9 request qualifies for the fee exemption.
10
11 C. Livable CommuniKeys Ilan
12 Comprehensive Plan Policy 101.20.1 states: "Monroe County shall develop a series of
13 Community Master Plans". These "CommuniReys Plans" implement a vision that was
14 developed by the local community.
15
16 In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
17 CommuniReys Master Plan into the Monroe County 2010 Comprehensive Plan. Action Item
18 1.3.2 within the Key Largo Livable CommuniReys Master Plan states: "Revise the FLUM and
19 Land Use District Maps to resolve non -conformities in the planning area where appropriate."
20
21 The proposed FLUM amendment and associated LUD map amendment implement this Action
22 Item of the adopted Key Largo Livable CommuniReys Master Plan.
23
24 D. DRC and Planning Commission Review
25 At its regularly scheduled meeting on December 17, 2013, the Monroe County Development
26 Review Committee (DRC) reviewed and discussed the proposed. FLUM amendment and
27 recommended approval, memorialized as Resolution DRC08-13.
28
29 On the June 25, 2014, the Monroe County Planning Commission held a public hearing for the
30 purpose of considering the proposed Future Land Use Map amendment and passed Resolution
31 No. P22-1.4 (Exhibit 2), recommending to the Monroe County Board of County
32 Commissioners approval of the proposed amendment.
33
34 1II. ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATIBILITY;
;
35 CONCURRENCY ANALYSIS; ETC.
37 A. Maximum Allocated Density and Intensity by Future Land Use Map Designation
38
39 The table on the following page provides an approximation of the development potential for
40 residential, transient, and nonresidential development. Section 130-156(b) of the Land
41 Development Code states: "The density and intensity provisions set out in this section are
42 intended to be applied cumulatively so that no development shall exceed the total density
43 limits of this article. For example, if a development includes both residential and commercial
44 development, the total gross amount of development shall not exceed the cumulated permitted
45 intensity of the parcel proposed for development."
46
47 As shown in the table, the proposed FLUM amendment would result in a decrease in
48 residential development potential of 0.14 dwelling units. The maximum increase in
49 nonresidential development potential would be 3,125 square feet.
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File #2013-093
Adopted
Existing FLUM
Type
Standards
Development Potential
Residential
0.25 - 0.50 du
Residential Low (RL)
Allocated Density
/acre
0.07 - 0.14 units
Transient
0 rooms/spaces
Gross Area;
Allocated Densit
/acre
0 rooms/spaces
Nonresidential
12,500 SF (0.287 acres)
0.20 - 0.25 FAR
2,500 - 3,125 sf
Maximum Intensity
Adopted
Proposed FLUM
Type
Standards
Development Potential
Residential
Commercial (COMM)
Allocated Density
NIA
N/A
Transient
Gross Area:
Allocated Density
NIA
NIA
Nonresidential
12,500 SF (0.287 acres)
0.50 FAR
6.2.50 sf
_.
Maximum Intensit
.......... .... .
Residential: -0.14 du
Net Change in Development Potential
Transient• 0 rooms/spacesbased
nn FLU
Nonresidential: +3,125 sf
B. Compliance with Comprehensive Plan Policy 101.4. 0
Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the
Beard 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.
The proposed amendment changing the subject parcel's FLUM designation from RL to
COMM would result in a decrease in potential residential density by 0.14 dwelling units, but
an increase in potential nonresidential intensity by 3,125 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 0.57
acres of land which contains non -scarified native upland habitat and/or undisturbed wetland
habitat to Monroe County for conservation. The applicant's agent has stated that the applicant
is not in a position to mitigate for the proposed increase in intensity.
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 update that is currently underway, a text
amendment to Policy 101.4.20 (see Exhibit 3) is 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.
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At a special meeting held on January 14, 205, 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 County is required to adopt, adopt with
changes, or not adopt the proposed amendments to the Comprehensive Plan within six (6)
months of the ORC. It is anticipated that the proposed amendment to the discouragement
policy will be adopted within the next 8-10 months.. 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.
The applicant has requested that the proposed. FLUM amendment and associated LUD
amendment be processed through the Development Review Committee (DRC), PC, and
BOCC transmittal hearing, acknowledging that it is contingent on the proposed text
amendment to Policy 101.4.20 becoming effective. If approved by DRC, PC, and BOCC, the
proposed PLUM amendment could be transmitted to DEO.
The applicant understands that there is no guarantee that the proposed text amendment to
Policy 101.4.20 will be approved by the BOCC and/or DEO. In that case, the proposed FLUM
amendment will need to come into compliance with the current requirements of Policy
1.01.4.20, including the required mitigation through the donation of land for the increase in
nonresidential intensity.
C. 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. Map 2 in its entirety is included as Exhibit 4.
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m
Parcels surrounding the subject property currently have FLUM designations of Residential
Low, Mixed Use/Commercial, and Residential High. Land uses surrounding the subject
property include residential uses, vacant land, and a small hotel.
The parcel has a tier designation of Tier 111. The entire site is scarified, consisting of asphalt
and pea -rock gravel. Land in the vicinity of the site, based on U.S. Fish & Wildlife Service
Species Focus Area Maps, is considered potential habitat for Cotton Mouse, Eastern Indigo
Snake, Schaus Swallowtail, Tree Cactus, Tree Snail, and Woodrat.
D. Concurrency Analysis (Comprehensive Plan Policy 161..1)
Traffic Circulation (Policy 301.1.1)
The subject property is located on US 1 in Key Large. The property is only accessible by US
1. Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of "C."
According to the 2013 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating
at a LOS of "C" and the segment in Key Largo (MM 91.5 to MM 99.5) is operating at a LOS
of "A."
Potable Water (Policy 701.1.1)
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 (MGD) and is capable of
treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RCS) plants, located
on Stock Island and Marathon, which are able to produce potable water under emergency
conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water,
respectively. The annual average daily demand in Monroe County is 16.21 MGD and
projections indicate a slight increase to an annual average daily demand to 16.54 MGD. The
proposed FLUM amendment could result in a net increase in demand from this site of up to
1,094 gallons per day if developed to its maximum nonresidential intensity. Currently there is
sufficient capacity for such an increase.
Potable Water
Max Potential
FLUM
Nonresidential
Nonresidential
Total LOS Demand Net Change
LOS Standard
Development'
(Policy 701.1.1)
(square feet)
Current:
L
0.35 gal/sq.ft./day
3,125
1,094 gal/day
+1,094 gal/day
Proposed;
Comm
0.35 gal/sq.ft./day
6,250
2,188 gal/day
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I Solid Waste (Policy 801.1.1)
2 Monroe County has a contract with Waste Management authorizing the use of in -state
3 facilities through September 30, 2024; thereby, providing the County with approximately nine
4 (9) more years of guaranteed capacity for solid waste. Currently, there is adequate capacity for
5 solid waste generation. All commercial solid waste is handled by private contract.
6
7 Sanitary Sewer (Policy 901.1.1)
S The County has adopted water quality treatment standards for wastewater facilities and within
9 the Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for
10 residential and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU).
11 Under both the current and proposed FLUM categories, the density requirements for the site
12 will not permit even a single dwelling unit, and therefore has no potential residential demand
13 for sanitary sewer. The ley Largo Wastewater Treatment District central sewer system is
14 available to this parcel, and any new or existing development is required to connect to the
15 sewer system, The existing commercial use on the site has been rated as 5.5 EDU's, but has
16 not yet connected to the sewer system. The ley Largo Wastewater Treatment Facility is
17 designed and constructed in accordance with the adopted levels of service water quality
18 treatment standards.
19
20 IV. CONSISTENCY WITH THE MON OE COUNTY YEAR 2010 COMPREHENSIVE
21 PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
22 DEVELOPMENT
23
24 A. The proposed amendment is consistent with the following Goals, Objectives and
25 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the
26 amendment furthers:
27
28 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
29 safety of County residents and visitors, and protect valuable natural resources.
30
31 Objective 101.3: Monroe County shall regulate non-residential development to maintain a balance
32 of land uses to serve the needs of the future population of Monroe County,
33
34 Objective 101.4: Monroe County shall regulate future development and redevelopment to maintain
35 the character of the community and protect the natural resources by providing for the compatible
36 distribution of land uses consistent with the designations shown on the Future Land Use Map.
37
38 Policy 01.4.2 : The principal purpose of the Commercial (COMM) future land use category is to
39 provide for the establishment of commercial zoning districts where various types of commercial
40 retail; highway -oriented sales and services, commercial recreation; light industrial; public,
41 institutional and office uses may be permitted at intensities which are consistent with the community
42 character and the natural environment, The commercial zoning districts established within this
43 category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This
44 category is not intended to accommodate transient or permanent residential development.
45
46 Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are
47 inconsistent with the applicable provisions of the land development regulations and the Future Land
48 Use Map, and structures which are inconsistent with applicable codes and land development
49 regulations.
50
51 Policy 101.20.2: The Community Master Plans shall be incorporated into the 201.0 Comprehensive
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Plan as a part of the plan and be implemented as part of the Comprehensive Flan. 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 Flan is equivalent to the term Objectives
in the Comprehensive Flan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous,
Key Largo Livable CommuniKeys Master flan - Action Item 1.3.: Revise the FLUM and Land
Use District Maps to resolve nonconformities in the planning area where appropriate.
B. The amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area, Section 380.0552(7), Florida Statute.
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.
(a) 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:
l . The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
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
9. Other utilities, as appropriate.
(i) Protecting and improving water duality 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.
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File #2013-093
Ensuring the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
403.086(10), as applicable, and by directing growth to areas served by central wastewater
treatment facilities through permit allocation systems..
(k) 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.
14 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
15 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
16
17 C. The proposed amendment is consistent with the part 11 of Chapter 1+63, Florida Statute
18 (F.S.). Specifically, the amendment furthers:
Section 163.3161(4), F.S. — It is the intent of this act that local governments 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 units 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 1.63.3177(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.
h. 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.
Section 163.3177(6)(a)4., F.S. — 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 of real estate markets to provide adequate
choices for permanent and seasonal residents and business and may not be limited solely by the
projected population. The element shall accommodate at least the minimum amount of land required
to accommodate the medium projections as published by the Office of Economic and Demographic
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Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including
related rules of the Administration Commission.
Section 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.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of
this section.
Staff recommends approval, contingent on either compliance with the existing/current
requirements of Policy 101.4.20 or adoption and approval of amendments to Policy 101.4.20 (as
included in the Comprehensive Plan update transmitted to the State), of the proposed Future
Land Use Map amendment from Residential Low (RL) to Commercial (COMM) for the parcel
of land having real estate number 00088350,000000, in Key Largo.
1r/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 Comrrtittee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Beard 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 Florida Department of Economic Opportunity (DEO). The
amendment is transmitted to DEO, 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.
I
1. Letter of Understanding Addendum, dated ,September 5, 2012, including original LOU dated
March 20, 2009 and first Addendum to the LOU dated April 30, 2009.
2. Resolution P22-14.
3. Proposed amendment to Comprehensive Plan Policy 101.4.20 (discouragement policy), as
transmitted to DEO on January 14, 2015.
4. Map 2 of the Monroe County Comprehensive Plan Future Land Use Map Series.
5. Proposed FLUM amendment for RE#00088350.000000 in Key Largo.
10 of 10
File #201.3-093
Exhibit 1 to Staff Report
County of Monroe
ManagementGrowth
Planning & Environmental Resources
Depa rtm ent
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
September 5, 2012.
Board of Count+ Cgrnmissioners
Mayor David Rice, Dist, 4
Mayor Pro Tern Kim Wigington, Dist, i
Heather Carruthers, Dist. 3
George Neugent, Dist. 2
SylviaJ. Murphy, Dist. 5
We strive to be caring, professional and fair
Nancy l-ram Yankow, PA
91831 Overseas Highway, Suite 3
Tavernier, Florida 33070
ADDENDUM 1 1 1 ONMARCH
20,2009 I' O; iTHE'MICRANINC'PROPERTY,COMMONLY
KNOWN AS ' 'IETTE'S RESTAURANT, LOCATEDI'
OVERSEAS HIGHWAY,LARGO AND HAVING REAL ESTATE
' 00088350.0010000
Ms. Yankow,
Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU), On February 19, 2009, a Pre -Application Conference regarding the
above -referenced property was held at the office of the Monroe County Planning
Environmental Resources Department on Key Largo.
Following the conference, a LOU was issued on March 20, 2009. An addendum was issued on
April 30, 2009. This letter serves as a second addendum.
The Board of County Commissioners passed and adopted Resolution 127-2012 on April 18,
2012 (since revised by Resolution 172-2012). This resolution, adopted after the issuance of the
letter of understanding on March 20, 2009, amended the Planning & Environmental Resources
Department's fee schedule. Of relevance to your property and the development thereon, the
amended fee schedule included the following new provision:
There shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official [Land Use District
(LUD)] map and/or the official [Future Land Use Map (FLLrM)], if the property owner
can provide satisfactory evidence that a currently existing use on the site that also existed
lawfully in 1992 was deemed nonconforming by final adoption of the LUD map and/or a
currently existing use on the site that also existed lawfully on the site in 1997 was
deemed nonconfong by final adoption of the FLU. To qualify for the fee
Addendum to March 20, 2009 Letter of Understanding (File 429017) Page f of 4
exemption, the applicant must apply for a LUD and/or FLUM designation(s) that would
eliminate the non -conforming use created with adoption of the existing designation(s)
and not create an adverse impact to the community. Prior to submittal of a map
amendment application, the applicant must provide the evidence supporting the change
and application for a fee exemption with the proposed LUD map/FLUM designations to
the Mon -roe County Planning & Environmental Resources Department as part of an
application for a Letter of Understanding. Following a review, the Director of Planning
& Environmental Resources shall determine if the information and evidence is sufficient,
and whether the proposed LUD map and/or FLUM designations are acceptable for the fee
waiver, and. approve or deny the fee exemption request. This fee waiver Letter of
Understanding shall not obligate the staff to recommend approval or denial of the
proposed LUD or FLUM Category.
You have requested that the Senior Director of Planning & Environmental Resources render such
a decision in relation to the subject property and allow you to submit FLUM and LUD
amendment applications without the required application fees.
The property has a LUD designation of Suburban Residential (SR), a FLUM designation of
Residential Low (RL) and a tier designation of Tier 3. The property was within a. BU- I district
(Light Business) prior to 1986 when the property was re -designated SR.
Regarding the development and use of the existing building oil the property:
According to the Property Appraiser's records, the existing building is a one-story, 1,707 square
foot structure that was built in 1954. There is no building permit on file for its construction in
the Building Department's records. All building permits on file for miscellaneous improvements
since the building's initial construction indicate that the building has been utilized for
commercial retail use in the form of a restaurant,
The current policies pertaining to permitted uses in the SR district do not allow a commercial
retail building in its current configuration. Furthermore, Policy 101.4.2 of the Monroe County
Year 2010 Comprehensive Plan, which describes permitted uses in the RL FLUM category, does
not state that commercial retail uses are allowed. Therefore, the existing commercial retail use is
nonconforming to the current provisions of the Monroe County Code and Comprehensive Plan.
However, as the building and its commercial retail use were approved and permitted prior to the
adoption of the Land Development Code in 1986, the final adoption of the LUD Map in 1992
and the adoption of the Comprehensive Plan in 1996, the existing use is considered a lawful
nonconforming use.
Note: On September 28, 2007, the property owner submitted a map amendment application in
order to amend the LUD designation from SR to Suburban Commercial (SC) and the FLUM
designation from RL to Mixed Use / Conuriercial (MC). The application was scheduled for
review by the Development Review Committee on December 4, 2007; however, following a
review of the staff report and recommendation, the applicant requested that the item be continued
to a meeting on a later date. On December 31, 2007, the applicant withdrew the application.
Addendum to March 20, 2009 Letter of Understanding (File 929017) Page 2 of 4
Resolution 9127-2012 requires the property owner to 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 existed lawfully in 1997 and was
deemed nonconforming by final adoption of the FLUM. Following a review, Staff has
determined that the existing use existed lawfully in 1992 and was deemed nonconforming by the
final adoption of the LUD map. Staff has also determined that the existing use existed lawfully
in 1997 and was deemed nonconforming by the final adoption of the FLUM.
Resolution 4127-2012 requires the applicant to apply for a LUD and/or FLUM designation(s)
that would eliminate the non -conforming use created with adoption of the existing designation(s)
and not create an adverse impact to the community. You have not proposed any new
LUD/FLUM as of the date of this letter. Concerning any new proposed designations please note
that staff cannot make this decision. In addition, please be aware that Staff is not obligated to
recommend approval of the proposed LUD or FLUM designations. Staff is required to review
the application on its merit and determine upon a full review that there shall not be an adverse
impact to the community and is consistent with the provisions of the Comprehensive Plan and
Monroe County Code.
In conclusion, if you choose LUD and FLUM designations that pen -nit commercial retail use,
staff has determined that your proposal qualifies for fee exemptions to the "'Comprehensive Plan,
Future Land Use Map (FLUM) Amendment" of $5,531.00 and the "Land Use District Map,
Amendment —Nonresidential" fee of $4,929.00. You may submit a FLUM amendment and/or
LUD amendment application without the submittal of the aforementioned application fees.
However, you are responsible for all other requirements, including the fees for advertising
($245.00 per application) and noticing ($3.00 per each surrounding property per application).
In addition, please note that you are eligible for these fee waivers so long as such waivers are
pennitted by the fee schedule. If the fee schedule is amended to remove such a provision in the
future, you may not be eligible to submit the application without such required application fees
afterwards.
Pursuant to MCC § I 10-3 ), 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 at the meeting, and
consequently reserves the right for additional comment.
You may appeal decisions made inthis letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
Addendum to March 20, 2009 Letter of Understanding (File 429017) Page 3 of 4
Planning Commission Coordinator, Monroe County Planning & Fnvironmental Resources
Department, 2798 Overseas Highway, Suite 410, Marathon, FL 3 3050.
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 (3 )05)289-2500,
Sincerely yours,
Townsley Schwab,
Senior Director of Planning & Enviromnental Resources
CC- Joseph Haberman, Planning & Development Review Manager
Mayte Santantaria, Assistant Director of Planning
Addendum to March 20, 2009 Letter of Understanding (File 929017) Page 4 of 4
County of Monroe
Growth Manageneit Di
Planning& Envirournentai Resources
Department
2798 Ovtrstas Highway, Suite 410
Marathon, PL 33 050
Voice; (305) 289-2500
FAX: (305) 289-2536
U-07=110 M14
Nicholas W. Mulick, P.A.
91645 Overseas Highway
Tavernier, FL 33070
Board of Countv.C.QmrniEsfqrters
Mayor George Neugent, Dist 2
Mayor Pro Tern SyMA J. Murphy, Dist 5
Kiin Wigington, Dist I
Heather Ca=thm, Dist, 3
Mario Di Gennaro, Dist 4
We strive to be eating, professional andfair
SUBJECT: ADDENDUM TO MARCH 20,2009 LETTER OF UNDERSTANDING
CONCERNING THE'MICRAN INC.'P;ROPERTY, CURRENTLY
DEVELOPED WITH HARRIETTE'S RESTAURANT, LOCATED AT
95710 OVERSEAS MGffWAY, KEY LARGO AND HAVING REAL
ESTATE NUMBER 00088350.000000
Mr. Mulick,
used upon a review of additional records, this letter shall serve as an addendum to a Letter of
Understanding (LOU) provided by the Planning & Environmental Resources Department on
March 20, 2009, which, in general, discussed how redevelopment of the existing nonconforming
restaurant may occur under the current policies and regulations of the Monroe County Year 2010
Comprehensive Plan and Monroe County Land Development Code.
Following your review of the letter, you provided our Department with some comments and
concerns regarding the language provided within Item 4 of Page 7. The following is the language
in question from the March 20, 2009 LOU:
4. The Applicant requested a determination as to whether or not in the event of
substantial darriage or total destruction of the building and its accessory
development, the County would allow the building to be reconstructed and site
redeveloped in essentially the same configuration, notwithstanding the current
non -conformity status of the structure and use.
Policy 101.4.2 of the Year 2010 Comprehensive Plan allows redevelopment
Iiimited to intensity, floor area, density and to the type of use as that existed prior
to its redevelopment. The policy does not protect the existing configuration of
Harriette's Restaurant, they Largo, RE 00088350, LOU Addendum Page I of 4
development on a particular site and does not protect existing nonconformities
other than intensity, density and type of use. Furthermore, it does not state or
otherwise provide that a development may be reestablished or substantially
improved without coming into compliance with the current comprehensive plan
policies, land development regulations and/or building codes-
Understmding that the site was lawfully developed prior to adoption of the
current regulations and it would be difficult to bring the site into full compliance
the land development regulations, especially those relating to bulk regulations and
off-street parking, in the event of reestablishment or substantially improvement,
Staff shall request that the site come into compliance to the greatest extent
practical with all applicable comprehensive plan policies, Tavernier Livable
CommuniKeys policies and land development regulations. Furthermore, the
Department is prepared to work with the property owner to ensure that the best
design for site, that allows the use to continue as provided for in Policy 101.4.2, is
achieved.
The Applicant should contact the Building Departrnent and Office of the Fire
Marshal in order to discuss required compliance with applicable building
regulations and safety requirements.
After considering your concerns, Staff would like to revise the language of the LOU regarding
Item 4 to the following:
4. The Applicant requested a determination as to whether or not in the event of
substantial damage or total destruction of the building and its accessory
development, the County would allow the building to be reconstructed and site
redeveloped in essentially the same configuration, notwithstanding the current
non -conformity status of the structure and use.
Policy 101.4.2 of the Year 2010 Comprehensive Plan allows the existing use to
develop, redevelop, reestablish or substantially improve provided its use is limited
to intensity, floor area, density and to the type of use as that existed prior to its
redevelopment.
Regarding substantial improvement, otherwise known as the 50/50 rule, based on
this language, the existing building, which is nonconforming to several land
development regulations, may be improved or substantially improved and remain
in its current configuration as long as the site's intensity, floor area and density is
not increased and the use remains the same. However, although the existing site
layout may remain, in the event of substantial damage to building, staff requests
that the applicant bring the site into compliance with the land development
regulations to greatest extent practical.
Z:I
Harriette's Restaurant, Key Largo, RE 00088350, LOU Addendum Page 2 of 4
Regarding reestablishment, which would occur if the building is 100 percent
damaged or otherwise entirely replaced, Policy 101.4.2 does not protect the
existing, nonconforming configuration of development on the site. Staff has
found that the term reestablish, as referred to in Policy 101.4.2, relates to the
reestablistu-nent of a nonconforming use in the event the building is not used or
occupied for over six months, not the reestablishment of a nonconforming
structure in which a nonconforming use took place.
Other than the clearly stated exceptions of intensity, density and type of use,
Policy 101.4.2 does not state or otherwise affirm that a nonconforming
development may be reestablished without coming into compliance with the
current comprehensive plan policies, land development regulations and/or
building codes. However, Staff understands that the subject property was
developed lawfully prior to adoption of the County's current regulations and it
would be difficult, if not impossible, to bring the site into full compliance the land
development regulations, especially those relating to bulk regulations and off-
street paxl(ing, and maintain its existing intensity and density. Therefore, in the
event of reestablishment, if the property owner provides justification and rationale
as to why full compliance with a specific land development regulation cannot be
met, Staff shall work with the property owner to bring the site come into
compliance to the greatest extent practical. Our Department is prepared to work
with the property owner to ensure that the best design for site, allowing the use to
continue as provided for in Policy 101 A.2, is achieved,
The Applicant should contact the Building Department and Office of the Fire
Marshal in order to discuss required compliance with applicable building
regaulations and safety requirements.
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 Year 2010 Comprehensive Plan are
amended, the project will be required to be consistent with all goals, objectives and standards 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 at the meeting,
and consequently reserves the right for additional comment. The information provided in this
letter may be relied upon, with the previous disclaimers, for a period of three (3) years.
You may appeal decisions made in this letter and the previous letter. The appeal must be filed
with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040,
within thirty (30) calendar days from the date of this letter. In addition, please submit a copy of
your application to Planning Commission Coordinator, Monroe County Planning &
Environmental Resources Department, 2798 Overseas Highway, Suite 410, Marathon, FL 333050.
Harriette's Restaurant, Key Largo, RE 00088350, LOU Addendurn Page 3 of 4
We trust that this inforrnation 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 (3 )05)289-2500,
Sincerely yours,
Townsl,yy Sincerely
, Senior Director Planning & Environmental Resources
Cc: Joseph Haberman, Principal Planner
Harriette's Restaurant, Key Largo, RE 00088350, LOU Addenduin Page 4 of 4
County of Monroe
Growth Mmagement Division
Plania.bIE& Fnvjronjnrntal Resources
Dement
V98 Overseas Highway, Suite 410
Marathon, FL 33050
voice: (305) 289-2500
FAX (305) 289-2536
March 20, 2009
Nicholas W. Mulick, P.A.
91645 Overseas Highway
Tavernier, FL 33070
Bo" of County CopMn Mloaers
Mayor George Neugent, Dist. 2
Mayor Pro Tenn Sylvia J. Murphy, Dist. 5
Kim Wigington, Dist- I
Heather Carruthers, Dist 3
Mario Di Gennaro, Dist. 4
We stripe to he caring, pro/esstonal and fair
SUBJECT, LETTER OF UNDERSTANDING CONCERNING THE IMICRAN INC.'
PROPERTY, COMMONLY KNOWN AS HARRIETTE'S RESTAURAN
LOCATED AT 95710 OVERSEAS HIGHWAY, KEY LARGO AND
HAVING REAL ESTATE NUAMER 00088350.000000 1
Mr. Mulick,
Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU), On February 19, 2009, a Pre -Application Conference regarding the
above -referenced property was held at the office of the Monroe County Planning &
Environmental Resources Department on Key Largo,
Attendees of the meeting included Harriette Micran, Nancy Kraal Yankow, PA & Nicholas
Mulick, Esq. (hereafter referred to as "the Applicant") and Joseph Haberman, Principal Planner,
Steven Biel, Senior Planner & Barbara Bauman, Senior Planning Technician (hereafter referred
to as "Staff').
Materials presented for review included:
(a) Pre -Application Conference Request Forni;
(b) Monroe County Property Record Card;
(e) Boundary Survey by Hal Thomas, dated June 24,1991;
(d) Site Plan by Robert Barnes & Associates, dated June 1999 &
(e) Monroe County Land Use District Map and Future Land Use Map
Harriette's Restaurant, Key Largo, RE 00088350,000000, Letter of Understanding Page 1 of 8
The Applicant owns an existing restaurant and its commercial retail use was rendered a non-
conforming use following the re -zoning of the property to Suburban Residential (SR). In
addition, the building in which the restaurant is situated was rendered a non -conforming
structure due to new regulations applicable to properties with a SR designation and due to
various updates to the building codes, floodplaW regulations and land development
regulations, all of which have been revised since the building was constructed.
As set forth in the application and discussed at the pre -application conference, the Applicant
is requesting a determination as to whether or not Policy 101.4.2 of the Monroe County Year
2010 Comprehensive Plan and/or MCC §9.5-236 [now classified as MCC § 130-94] apply to
the current use and existing structure located on the subject property and would thus allow
the property owner to develop, redevelop, reestablish and/or substantially improve the
restaurant use provided subject to the condition that the use is limited to the existing
intensity, floor area, density and restaurant use,
The Applicant is also requesting a determination as to whether or not in the event of
substantial damage or total destruction of the building and its accessory development, the
County would allow the building to be rve-onstructed and site redeveloped in essentially the
same configuration, notwithstanding the current non -conformity status of the structure and
use.
Subject Property (outlined in blue), Key Largo (2006)
Harriette's Restaurant, Key Largo, RE 00088350,000000, Letter of Understanding Page 2 of 8
11. SUBJECT PROPERTY DESCRIPTION
1, The property is located at 95 710 Overseas Highway (US 1) on Key Largo at approximate
mile marker 95.7 on the bayside of US 1.
2. The property consists of one (1) parcel of land. The parcel is legally described as part
Government Lot 3, Key Largo, Section 12, Township 62 South, Range 38 East. It is
currently assessed under the real estate (RE) number 00088350,000000,
1 According to the Monroe County Property Appraiser's records, the property is currently
owned by Micran Inc.
4. According to the Properly Appraiser's records, the property consists of 12,632 fie (0.29
acres) of total land area. A boundary survey was submitted in the application; however it
was not current and a total of amount of upland was not provided on the document. A sealed
boundary survey may be required at the time of application submittal for any future
development approval.
5. The property has a Land Use District designation of Sub Urban Residential (SR), a Future
Land Use Map (FLUM) designation of Residential Low (RL) and a designation of Tier 3,
Prior to 1986, the property had a zoning (Land Use District) designation of Light Business
District (BU-1).
III. RELEVANT PRIOR COUNTY ACTIONS
1. According to the Property Appraiser's records, the existing building is a one-story, 1,707 fe
structure that was built in 1954. There is no building permit on file for its construction in
the Building Department's records,
1 On September 28, 2007, the property owner submitted a map amendment application in
order to amend the Land Use District designation from SR to Suburban Commercial (SC)
and the FLUM designation from RL to Mixed Use / Commercial (MC).
The application was scheduled for review by the Development Review Committee on
December 4, 2007. However following a review of the staff report and recommendation, the
applicant requested that the itern be continued to a meeting on a later date, On December
31, 2007, the applicant withdrew the application in order to pursue an agreement with the
County concerning redevelopment of the property in accordance with Policy 101.4.2 of the
Monroe County Year 2010 Comprehensive Plan.
IV. REVIEW OF REDEVELOPMENT PROPOSAL
The following comprehensive plan policies and land development regulations directly affect
the proposal. However, there are other policies and regulations not referred to in this letter
which shall govern future development as well:
Harriette's Restaurant, Key Largo, RE 00088350.000000, Letter of Understanding Page 3 of 8
Prior to addressing the questions posed by the Applicant, the issue of whether or not the
restaurant use was lawfully -established must be addressed.
As indicated in the Property Appraiser's and Building Department's records, the existing
building was being used as a restaurant, considered a type of commercial retail use, prior to
1986. The site does not meet all of the requirements for a commercial retail use in the SR
District, as set forth in MCC § 13 0-94. Therefore, since the property was being used as a
commercial retail use prior to the adoption of the current land development regulations in
1986, the existing use is a lawful nonconforming use in accordance with MCC §102-56.
Depending on trip generation, commercial retail uses are classified as low, medium or high--
ZP
intensity. No traffic impact analysis has been submitted which would indicate whether the
existing commercial retail use would be classified as low, medium or high intensity. In
order to have Staff determine the intensity of the existing development, a traffic impact
analysis must be submitted. After its submittal, the county's traffic consultant shall review
the analysis and must approve its methodology and findings.
2. Prior to addressing the questions posed by the Applicant, the issue of whether or not the
building's existing amount of non-residential floor area was lawfully -established and thereby
exempt from the Non -Residential Rate of Growth Ordinance (NROGO) must be addressed.
Pursuant to MCC §138-50(l), owners of land upon which lawfully -established non-
residential floor area exists, shall be entitled to one square foot for each such square foot in
existence. Administrative Interpretation 03-108 provides the criteria to be used by staff to
determine whether or not non-residential floor area was lawfully established:
a, A permit or other official approval from the Growth Management Division for the
non-residential floor area:
There is no building permit on file for the construction of the building. Building
Permit C-12595 was issued in 1983 for the construction of a storage room addition;
however the amount of floor area within the existing building or the new total amount
of floor area was not provided in the building permit file, Several other building
pen -nits are on file for improvements to the building and site, but the total amount of
floor area is not documented in any of the building pen -nit files.
b, If a permit or other official approval from the Growth Management Division is not
available, the following information may be used to establish that a residential unit
was lawfully -established:
Aerial photos showing the structure in existence prior to 1986: Aerial photography
from 1982 to 2007 confirms the continuous existence of the building.
Harriette's Restaurant, Key Largo, RE 00088' ;150,000000, Letter of Understanding Page 4 of 8
Monroe County property record card showing the existence of the non-residential
floor area prior to 1986: The Property Appraiser currently assesses RE
00088350.000000 under a property classification code of PC 21 (restaurant and
cafeteria). The 2008 property record card shows a building value on the parcel from
1982 to present and currently attributes one (1) building to the property. The year
built is indicated as 1954 and the ground floor area is specified as 1,707 ft2.
Utility records that show the non-residential use being served prior to 1986: 'No
utility records were submitted for review.
Wiether the use could have been a permitted use under the pre-1986 zoning of the
property: Prior to 1986, the parcels were within a BLJ- I district. Restaurants were a
pern'titted use in. the BU-I district,
Occupational Licenses showing the use being served prior to 1986: Occupational
licenses for the business were not submitted for review. According to the Tax
Collector's online records, the business type of Harriette's Welcome Center
Restaurant is indicated as 'Cafes Restaurant' and the business start date is May 14,
1982.
Other Supporting Inforination: A boundary survey by Hal Thomas, dated June 24,
1991, was included in the application and in several building permit applications on
file, The survey shows a "One -Story CB Restaurant". The survey shows the existing
building in the same configuration and size as that shown on the 2008 property record
card.
An existing site plan by Robert Barnes & Associates, dated June 1999, was included
in the application and in the application for Building Permit 993-1602. The site plan
shows the existing building in the same configuration and size as that shown on the
2008 property record card.
Based on a review of the records, our Departnient has determined that 1,707 f17 of non-
residential floor area has been lawful ly-established on the subject property and therefore
exempt from the NROGO pen -nit allocation system.
3. The Applicant requested a determination as to whether or not Policy 101.4.2 of the Year
2010 Comprehensive Plan and/or MCC §130-94 apply to the current use and existing
structure located on the subject property and would allow the property owner to develop,
redevelop, reestablish and/or substantially improve the restaurant use provided subject to the
condition that the uses are limited to the existing intensity, floor area, density and restaurant
use.
Policy 101,4,2: The principal purpose of the Residential Low land use
category is to provide for low -density residential development in partially
developed areas with substantial native vegetation. Low intensity public and
Harriette's Restaurant, Key Largo, RE 00088350.000000, Letter of Understanding Page 5 of 8
low intensity institutional uses are also allowed. In addition, Monroe County
shall adopt land development regulations which at low any other nonresidential
use that was 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 use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996 or limit to what the pre-2010 LDR's allowed,
whichever is more restricted.
Policy 101.4.2 states a non-residential use that was listed as a permitted use in the land
development regulations that were in effect immediately prior to the institution of the Plan,
and that lawfully existed on such lands on January 4, 1996 may develop, redevelop,
reestablish and/or substantially improve provided that the use is 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 land development regulations allowed.
The existing type of use (restaurant - commercial retail) and the existing amount of non-
residential floor area (1,707 W) were lawfully -established and in existence in 1996. The
existing intensity of the site could not be determined. Fuithem-iore, without knowing the
intensity, Staff could not determine the existing density (the floor area ratios are 035 for
low -intensity, 0.25 for medium -intensity and 0.15 for high -intensity commercial retail uses).
Therefore in accordance with Policy 101.43, the existing use and floor area may be
redeveloped, reestablished and/or substantially improved with a major conditional use
pen -nit, subject to the standards and procedures set forth in the land development regulations,
A traffic impact analysis shall be required prior to any significant redevelopment that would
be defined as reestablishment or substantial improvement to ensure that the redevelopment
would be limited in intensity and density,
Pursuant to MCC §130-94(c)(1), in the SR District, lawfully established low/medium
commercial retail of less than 2,500 ft2 of floor area, which were rendered nonconforming by
the Year 2010 Comprehensive Plan, but listed as permitted uses in the land development
regulations that were in effect immediately prior to the institution of the Year 2010
Comprehensive Plan 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 re-established as an amendment to a major conditional use, subject to the standards and
procedures set forth in the land development regulations, provided that: a) the parcel of land
on which the commercial retail use is to be located abuts the right-of-way of US 1, or a
dedicated 6ght-of-way to serve as a frontage road for US 1; b) the corarnercial retail use
does not involve the sale of petroleum products; c) the commercial retail use does not
involve the outside storage or display of goods or merchandise with the exception that
outside sales and display for nurseries may be permitted with the stipulation that required
open space and required bufferyards may not be used for display and sales; d) the structure
in which the commercial retail use is to be located is separated from the US I right-of-way
by a class C bufferyard; e) the structure in which the commercial retail use is to be located is
Harriette's Restaurant, Key Largo, RE 00088350.000000, Letter of Understanding Page 6 of 8
separated from any existing residential structure by a class C bufferyard; 0 no signagge 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 US 1; and g) 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 provisions for minor or major conditional uses allowed in the pre-
1996 land development regulations for this district, whichever is more restrictive.
The site does not meet all of the requirements for a commercial retail use in the SR District,
Furthermore, the existing commercial retail use may be classified as high -intensity following
the submittal of a traffic impact analysis. In the event that reestablishment or substantial
improvement is carried out, the provisions of the Year 2010 Comprehensive P I an, currently
provided for in Policy 101.4.2, shall take precedent over the requirements for an existing
nonconforming commercial retail use in the SR District, currently provided for in MCC
§130-94(c)(1), Therefore, the commercial retail use on the subject property may reestablish
or substantially improve without meeting the requirements in MCC § 130-94(c)(1) that the
site currently does not meet and/or at high -intensity if a traffic impact analysis supports such
an existing intensity.
4. The Applicant requested a determination as to whether or not in the event of substantial
damage or total destruction of the building and its accessory development, the County would
allow the building to be reconstructed and site redeveloped in essentially the same
configuration, notwithstanding the current non -conformity status of the structure and use.
Policy 101.4.2 of the Year 2010 Comprehensive Plan allows redevelopment limited to
intensity, floor area, density and to the type of use as that existed prior to its redevelopment.
The policy does not protect the existing configuration of development on a particular site
and does not protect existing nonconformities other than intensity, density and type of use.
Furthermore, it does not state or otherwise provide that a development may be reestablished
or substantially improved without coining into compliance with the current comprehensive
plan policies, land development regulations and/or building codes.
Understanding that the site was lawfully developed prior to adoption of the current
regulations and it would be difficult to bring the site into full compliance the land
development regulations, especially those relating to bulk regulations and off-street parking
in the event of reestablishment or substantially improvement, Staff shall request that the site
come into compliance to the greatest extent practical with all applicable comprehensive plan
policies, Tavernier Livable CommuniKeys policies and land development regulations.
Furthermore, the Department is prepared to work with the property owner to ensure that the
best design for site, that allows the use to continue as provided for in Policy 101 A.2, is
achieved.
The Applicant should contact the Building Department and Office of the Fire Marshal in
order to discuss required compliance with applicable building regulations and safety
4M
requirements.
Harriette's Restaurant, Key Largo, RE 00088350.000000, Letter of Understanding Page 7 of 8
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 Year 2010 Comprehensive Plan are
amended, the project will be required to be consistent with all goals, objectives and standards 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 at the meeting,
and consequently reserves the right for additional. comment, The information provided in this
letter may be relied upon, with the previous disclaimers, for a period of three (3) years.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
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 you
Townsleyyy Sincerely
Senior Director Planning & Environmental Resources
Cc: Joseph Haberman, Principal Planner
Harriette's Restaurant, Key Largo, RE 00088350.000000, Letter of Understanding Page 8 of 8
Exhibit 2 to Staff Report
2
3
4
5
6
MONROE COUNTY, FLORIDA
7
PLANNING COMMISSION RESOLUTION NO. P22-14
8
9
A RESOLUTION BY THE MONROE COUNTY PLANNING
10
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
11
BY THE MONROE COUNTY BOARD OF COUNTY
12
COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE
13
LAND USE MAP FROM RESIDENTIAL LOW (RL) TO
14
COMMERCIAL (COMM), FOR PROPERTY LOCATED AT 95710
15
OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
16
MARKER 96, DESCRIBED AS A PARCEL OF LAND LOCATED IN
17
GOVERNMENT LOT 3, SECTION 12, TOWNSHIP 62 SOUTH,
18
RANGE 38 EAST, KEY LARGO, MONROE COUNTY, FLORIDA,
19
HAVING REAL ESTATE NUMBER 00088350.000000, AS PROPOSED
20
BY MICRAN, INC.; PROVIDING FOR SEVERABILITY; PROVIDING
21
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
22
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
23
THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN
24
THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR
25
AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
26
FOR AN EFFECTIVE DATE,
27
28
29 WHEREAS, an application was filed by Micran, Inc. on July 25, 2013, to amend the Future
30 Land Use Map designation from Residential Low (RL) to Commercial (COMM) for property
31 described as a parcel of land located in Goverrm-lent Lot 3, Section 12, Township 62 South,
32 Range 38 East, Key Largo, Monroe County, Florida, having real estate number
33 00088350.000000; and
34
35 WHEREAS, the Monroe County Development Review Committee (DRQ considered the
36 proposed amendment at a regularly scheduled meeting held on December 17, 2013, and
37 recommended approval; and
38
39 WHEREAS, at a regularly scheduled meeting held on the 25 1h day of June, 2014, the
40 Monroe County Planning Commission held a public hearing for the purpose of considering the
41 transmittal to the State Land Planning Agency, for review and comment, of a proposed
42 amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
43 and
44
45 WHEREAS, the Planning Commission's review included discussion of the proposed
46 amendment's compliance with Policy 10 1.4.20 of the Monroe County Year 2010 Comprehensive
47 Plan, and it was acknowledged that the proposed amendment did not comply with mitigation
48 required by Policy 101.4.20 for the proposed increase in potential nonresidential intensity; and
Resolution #P22-14
File #2013-091 Page 1 of 3
1
2 WHEREAS, the Board of County Commissioners has reviewed a proposed amendment to
3 Policy 10 1 4,20 as part of the Comprehensive Plan update currently underway, and has directed
4 staff to amend Policy 101.4.20 to eliminate mitigation required for increases only in
5 nonresidential intensity; and
6
7 WHEREAS, the applicant has requested that the proposed FLUM amendment be processed
8 through the DRC and Planning Commission, with the understanding that recommendations for
9 approval are contingent on the adoption and effectiveness of the amendment to Policy 101.4.20;
10 and
11
12 WHEREAS, the Planning Commission acknowledged that, should the proposed amendment
13 to Policy 101.4.20 be adopted and become effective, the proposed amendment to the FLUM
14 would be in compliance; and
15
16 WHEREAS, the Monroe County Planning Commission makes the following findings of fact
17 and conclusions of law:
is
19 1. The proposed FLUM is not anticipated to adversely impact the community character
20 of the surrounding area; and
21 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
22 adopted Level of Service; and
23 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 Monroe County Year 2010 Comprehensive Plan, contingent upon the adoption and
25 effectiveness of the BOCC directed amendment to Policy 101.4.20-, and
26 4. The proposed amendment is consistent with the Key Largo Community Master Plan-,
27 and
28 5. The proposed amendment is consistent with the Principles for Guiding Development
29 for the Florida Keys Area of Critical State Concern, Section 380.0552(7)., Florida
30 Statute; and
31 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
34 MONROE COUNTY, FLORIDA:
35
36 Section 1. The Monroe County Planning Commission recommends the Future Land Use
37 Map of the Monroe County Year 2010 Comprehensive Plan be amended as follows, contingent
38 upon the adoption and effectiveness of the discussed amendment to Policy 101.4.20:
39
40 The property described as a parcel of land located in Government Lot 3, Section 12, Township
41 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number
42 00088350.000000, is changed from Residential Low (RL) to Commercial (COMM), as shown on
43 Exhibit I attached hereto and incorporated herein.
Resolution #P22-14
File #2013-093 Pane 2 of 3
1 PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
2 Commission at a regular meeting held on the 25 1h day of June, 2014.
3
4 William Wiatt, Chair —Yes-
5 Denise Werling, Commissioner Yes
6 Jeb Hale, Commissioner Yes
7 Elizabeth Lustburg, Commissioner Yes
8 Ron Mi ler, Commissioner —Yes-
9
10 PLANNING ISSI F OE COUNTY, FLORIDA
11 By
12 William Wiatt, Chair
13 '+h
14 Signed this Qj�� day of 14
15
16 Monroe County Planning Commission Attorney
17 Approved As To Form
18 FILED WITH THE
19
20 Date:
A U G 2 7 2014
Resolution #P22-14
File #2013-093 Pa,ae 3 of 3
Exhibit 3 to Staff Report
Monroe County Comprehensive Plan Update
Policy 101.45.E-26
In order to continue to implement the Florida Keys Carrying Capacity Study,
Monroe County shall promote the reduction in overall County residential density
and intensity the preservation of Monroe County's native habitat by enacting
legislation which implements the following policy statements for private
applications for future land use reap amendments which increase allowable
residential allocated density-an&or into , t-y, Private application(s) means those
applications from private entities with ownership of the upland development and
parcel(s) of land or includes private upland development on County -owned land.
Private applications requesting future land use map designation amendments
received after the effective date of this ordinance (Nov. 20, 2012), which propose
increases in allocated residential density and/or -intensity --shall be required.. upon
amendment approval to comply with either option (1) or (2) below:
(1) For every acre of land, and/or fractions thereof, where there is a request to
increase residential density and intensity, a private applicant shall purchase and
dedicated land to Monroe County for conservation that is a minimum of
twice the size of the parcel subject to the proposed request; and has a residential
density development potential equal or greater to the density increase being
requestedwhieh contains non seai ified native upland habitat and/or undis4wbe4
The following requirements
apply:
The dedicateddonated land shall be designated as Tier 1, Tier 11 or Tier III -
A Special Protection Area and be located on Big Pine Key/No Name Key
or be within the same subarea of unincorporated Monroe County as the
proposed increase in residential density and/or- inte Dedicated land
may also be used by an applicant for ROGO points.
The dedicated land shall contain predominantly non -scarified native
upland habitat and/or undisturbed wetland habitat. The land shall be
inspected by the Monroe County Biologist to assure it is acceptable for
acquisition and donation.
A restrictive covenant shall be recorded to extinguish the development
rights on the donated land.
The Future Land Use Map Resignation for the donated land may be
designated by the County as Conservation (C) or Preservation (P),
(2) For each requested additional unit of residential density, a private applicant
shall purchase and dedicateonate a lot designated as Improved Subdivision (IS)
district on the Land Use (Zoning) District map ., hieh ntai -i fied native
upland habitat ..sorer fldis+„,.t.ed , eti nd h.,b4a to Monroe County to ensure the
equivalent density requested is mitigated (excludes the dedication of lots for
affordable housing), The following requirements apply:
Future land Use Element 39 Keith and Schnars, P.A.
Comprehensive Plan: Jan. 2015
Manse County Comprehensive Plan Upstate
Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: I lot) ratio to
mitigate the request for increased allowable residential density, pursuant to option
(a) or (b) below:
(a) The dedicated IS lot(s) shall be designated as Tier 1, Tier Il or Tier III -A
Special Protection Area and be located on Big Pine Key/No Name Key or be
within the same sub -area of unincorporated Monroe County as the proposed
increase in residential density.
• The dedicated lot shall contain predominantly non -scarified native upland
habitat and/or undisturbed wetland habitat. The IS lot(s) shall be inspected
by the Monroe County Biologist to assure it is acceptable for acquisition
and donation.
A restrictive covenant shall be recorded to extinguish the development
rights on the donated land.
The dedicated IS lots) must still have 1 (one) unit of allocated density per
lot (i.e., may not have sent density to another site via TDRs or have any
other restriction on development rights via deed restriction or similar
mechanism)
The Future Land Use Map Designation for the donated land may be
designated by the County as Conservation (C).
(b) The dedicated 1S lot(s) shall be designated as Tier III, must have I unit
of allocated density per lot and must be within the
same sub -area of unincorporated Monroe County as the proposed increase in
residential density.
® The IS lot(s) shall be dedicated to Monroe County for the retirement of
development rights, or
• The IS lot(s) s13-aI Mi!y be dedicated to Monroe County for affordable
housing projects.
For options (1),. and (2) described above, the parcel which is the subject of the
request to increase its residential density ';must be designated as
Tier III and have existing public facilities and services and available central
wastewater facilities. Under this policy, no net increase in residential densily will
be permitted.
Example
12 acres requesting a. FLUM
Requires the donation of 24 acres of non -scarified native
of Option
amendment to increase
upland habitat and/or undisturbed wetland habitat,
I
density an&ef iniensit-y
designated as Tier I, Tier 11 or Tier III -A.
(12 acres v 2 = 24 acres
Example
20 acres with a total
a) Requires the donation of 20 IS lots of non -scarified
Future Land Use Element 40 Keith and Schnars, P.A.
Comprehensive Plan: Jan. 2015
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