Item R311116,7-11 =04A I f
N91 111M VV DILI L10010 N"
Meeting Date: March 18, 20�15 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #:-Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from
Urban Residential -Mobile Home (URM) to Urban Residential (UR), for property located at 97801
Overseas Highway, Key Largo, approximate Mile Marker 98, described as parcels of land located in
Sections 5 and 6, Township 62 South, Range 39 East, Key Largo, Monroe County, Florida, having
Real Estate Numbers 00090810.000000, 00090820.000000, 00090840.000000, 00090840.000100, and
00090860.000000, as proposed by PL Ocean Residence Holdings, LLC, ((quasi -Judicial Proceeding)
ITEM BACKGROUND: The property at 97801 Overseas Highway is currently vacant land, with
several partially built structures for which all previous conditional use approvals and building permits
have expired. The subject parcels currently have a zoning designation of Urban Residential -Mobile
Home (URM) and a Future Land Use Map (FLUM) designation of Residential High (RH). PL Ocean
Residence Holdings, LLC, is requesting to amend the zoning designation to Urban Residential (UR) in
order to redevelop the site with a mix of detached and attached dwelling units, 27 of which would be
market rate units, and 24 of which would be affordable housing units. Within the URM district, the
site's current zoning designation, attached dwelling units are not a permitted use. UR zoning is
consistent with the subject parcels' current FLUM designation of RH; therefore, no corresponding
FLUM amendment is necessary. Based on the allocated density of the site's current RH FLUM
designation, the maximum development potential on the site is 13,-73 dwelling units, 44 transient
rooms/spaces, and zero square feet of nonresidential floor area; and would not change with an
amendment of the zoning from URM to UR. The applicant's proposed development will require a new
conditional use permit approval.
PREVIOUS RELEVANT BOCC ACTION:
On February 28, 1986, the BOCC adopted Ordinance 033-1986, which approved a series Land Use
District (Zoning) Maps, and designated the subject parcels as Urban Residential -Mobile Home (URM).
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: NIA BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty 1,4 OMB/Purchasing — Risk Management
;R Le
DOCUMENTATION: Included X Not Required,
DISPOSITION: AGENDA ITEM #
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9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1.1 ORDINANCE NO. - 2015
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS AMENDING THE MONROE
15 COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN
16 RESIDENTIAL -MOBILE HOME (URM) TO URBAN
17 RESIDENTIAL (UR), FOR PROPERTY LOCATED AT 97801.
1.8 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
19 MARKER 98, DESCRIBED AS PARCELS OF LAND LOCATED IN
20 SECTIONS 5 AND 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
21 KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL
22 ESTATE NUMBERS 00090810.000000, 00090820.000000,
23 00090840.000000, 00090840.000100, AND 00090860.000000, AS
24 PROPOSED BY PL OCEAN RESIDENCE HOLDINGS, LLC;.
25 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
26 OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
28 AND THE SECRETARY OF STATE; PROVIDING FOR
29 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
30 PROVIDING FOR AN EFFECTIVE DATE.
31
32
33 WHEREAS, PL Ocean Residence Holdings LLC filed an application for an amendment to the
34 Monroe County Land Use District. Map to amend the Land Use District (Zoning) designation from
35 Urban Residential -Mobile Home (URM) to Urban Residential (UR); and
36
37 'WHEREAS, the subject property is located at 97801 Overseas 1-Highway, ley Larger,
3'8 approximate mile marker 98, and is described as parcels of land located in Sections 5 and 6,
39 Township 62 South, Range 39 East, Ivey Largo, Monroe County, Florida, having real estate
40 numb'ers 00090810.000000, 00090�820.000000, 00090840.000000, 00090840.000100, and.
41 00090860.000000; and
42
43 WHEREAS, the subject property is currently vacant land, with several partially constructed
44 buildings on the site for which prior development approvals have expired; and
45
46 WHEREAS, PL Ocean residence Holdings LLC is requesting a change to the zoning
47 designation in order to develop attached dwelling units on the subject property„ which are not
48 permitted uses under the site's current zoning designation; and
File ##2014-165 Ord. No._- 2015
Page :1 of 4
I WHEREAS, at a regularly scheduled meeting held on the 27 1h day of January, 2015, the
2 Monroe County Development Review Committee considered the proposed amendment and
3 recommended approval, memorialized by Resolution DRC01 - 15; and
4
5 WHEREAS, at a regularly scheduled meeting held on the 25 1h day of February, 2015, the
6 Monroe County Planning Commission held a public hearing for the purpose of considering the
7 proposed Land Use District (Zoning) Map amendment; and
8
9 WHEREAS, the Monroe County Planning Commission passed Resolution No. PO4-14
10 recommending approval of the proposed amendment; and
11
12 WHEREAS, at a regularly scheduled meeting held on the I 81h day of March, 2015, the
13 Monroe County Board of County Commissioners (BOCC) held a public hearing to consider the
14 applicant's request to amend the subject property's Land Use District (Zoning) Map designation
15 from Urban Residential -Mobile Home (URM) to, Urban Residential (UR), and
16
17 WHEREAS, based upon the documentation submitted and information provided in the
18 accompanying staff report, the Board makes the following Findings of Fact:
19
20 L Prior to the 1986 adoption of the County's current land development regulations and their
21 associated land use district maps, the subject property was within a RU-5P (Mobile Home
22 Park Residential) zoning district;
23
24 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for all
25 areas of the unincorporated county. On sheet 139 of the Land Use District Map, the
26 subject property is within an Urban Residential -Mobile Home (URM) Land Use District;
27
28 3. In 1993, a series of future land use maps associated with the comprehensive plan, entitled
29 the Future Land Use Map, were adopted for all areas of the unincorporated county. This
30 map series became effective in 1997. On map 2 of the Future Land Use Map, the subject
31 property is within a Residential High (RH) future land use category;
32
33 4. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
34 with the provisions and intent of the Monroe County Comprehensive Plan;
35
36 5. Monroe County Code (MCC) §102-158 states that map amendments are not intended to
37 relieve particular hardships, nor to confer special privileges or rights on any person, nor
38 to permit an adverse change in community character, analyzed in the Monroe County
39 Comprehensive Plan, but only to make necessary adjustments in light of changed
40 conditions or incorrect assumptions or determinations as determined by the findings of
41 the BOCC;
42
43 6, MCC § 102-158(d)(5)(b) provides that one or more of the following criteria must be met
44 for a map amendment:
45
46 a. Changed projections (e.g., regarding public service needs) from those on which the
47 text or boundary was based;
48 b. Changed assumptions (e.g., regarding demographic trends);
File #2014-165 Ord. No.-- 2015
Page 2 of 4
I c. Data errors, including errors in mapping, vegetative types and natural features
2 described in volume I of the plan [the Comprehensive Plan];
3 d, New issues;
4 c. Recognition of a need for additional detail or comprehensiveness; or
5 f. Data updates; and
6
7 7. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
8 with the Principles for Guiding Development in the Florida Keys Area of Critical State
9 Concern; and
10
11 WHEREAS, based upon the documentation submitted and information provided in the
12 accompanying staff report, the BOCC makes the following Conclusions of Law:
13
14 1. The proposed map amendment is consistent with the provisions of the Monroe County
15 Code:
16 a. As required by MCC §102-158, the map amendment does not relieve particular
17 hardships, nor confer special privileges or rights on any person, nor permit an adverse
18 change in community character, as analyzed in the Monroe County Year 2010
19 Comprehensive Plan;
20 b. As required by MCC §102-158(d)(5)b,3., the reap amendment is needed due to new
21 issues; and
22
23 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
24 County Year 2010 Comprehensive Plan:
25 a. The Urban Residential (UR) Land Use District corresponds with the Future Land Use
26 Map designation of Residential. High (RH), and is consistent with the respective
27 density and intensity as set forth in Policy 101.4.22;
28 b. The Urban Residential (UR) Land Use District is consistent with the purpose of the
29 Residential High (RH) Future Land Use Map designation, as set forth in Policy
30 101.4.4; and
31
32 3. The proposed map amendment is not inconsistent with the Principles for Guiding
33 Development in the Florida Keys Area of Critical State Concern;
34
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
37 COUNTY COMMISSIONERS:
38
39 Section I. Findings'. The Board specifically adopts the findings of fact and conclusions of law
40 stated above.
41
42 Section 2. Pronerty Designation. The previously described property shall be designated as
43 Urban Residential (UR), as shown on the attached map, which is hereby incorporated by
44 reference and attached as Exhibit A.
45
46 Section 3. Several ility. If any section, paragraph, subdivision, clause, sentence or provision of
47 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
48 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
File #2014-165 Ord. No.-- 2015
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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.
Section 4. 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 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(l 1) and F.S. 380.0552(9).
Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land Planning Agency
and, if appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes.
Section 7. Inclusion on the Monroe Count i Code's Official Land Use DistrjgLMaR. The
provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 8. Effective Date. This ordinance shall becorne effective as provided by law and stated
above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the — day of 2015.
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner David Rice
Commissioner George Neugent
Commissioner Sylvia Murphy
Mill 1 1XII 1,11,111 1 i' � I � � I , i i , i � � I I I i: � � 11 � � 1 �
I . 1 11 A I
IM
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
File #20,14-165
Mayor Danny L. Kolhage
2111,W&I"120110,
STEVEN T. WILLIAMS
Ord. No.-- 2015
Page 4 of 4
-- a •
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as indicated above.
Proposal: Land Use change of five parcels of land in Key Largo having Real Estate Numbers: 00090820-000000,
00090810-000000, 00090840-000000, 00090840-000100 and 00090860-000000 from Urban Residential Mobile Home N
(URM) to Urban Residential (UR). A
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
Through: Maytd Santamaria, Senior Director of Planning&Environmental Resources
Townsley Schwab, Senior Director of Planning&Environmental Resources
Christine Hurley, Director of Growth Management
From: Emily Schemper, Comprehensive Planning Manager
Date: March 2, 2015
Subject: REQUEST BY PL OCEAN RESIDENCE HOLDINGS, LLC. TO AMEND THE
LAND USE DISTRICT (LUD) MAP OF THE MONROE COUNTY LAND
DEVELOPMENT CODE FROM URBAN RESIDENTIAL—MOBILE HOME
(URM) TO URBAN RESIDENTIAL (UR) FOR PROPERTY LOCATED AT
97801 OVERSEAS HIGHWAY, MILE MARKER 98, KEY LARGO.
Meeting: March 18,2015
L_ REQUEST
On November 10, 2014, PL Ocean Residence Holdings, LLC submitted an application
requesting to amend the Land Use District (LUD) Map of the Monroe County Land
Development Code from Urban Residential-Mobile Home (URM) to Urban Residential (UR)
for property located at 97801 Overseas Highway, Key Largo, having real estate numbers
00090810.000000, 00090820.000000, 00090840.000000, 00090840.000100, and
00090860.000000.
Existing LUD Map Designation Proposed LUD Map Designation
srz' 6F1
A
File #2014-165 Yca�1 f 9
Site Information
Location: MM 98, Key Largo, Oceanside
Address: 97801 Overseas Highway
Description: Part of lots 8 and 15, Island of Key Largo (Plat Book 1, Page 59), Sections 5 and
6, Township 62 South, Range 39 East
Real Estate Numbers: 00090810.000000, 00090820.000000, 00090840,000000,
00090840.000100, and 00090860.000000
Owner/Applicant: PL Ocean Residence Holdings, LLC
Agent: Jorge Cepero, PMG Asset Services
Size of Site: 4.61 acres upland (200,771 SF)
Land Use District: URM
FLUM Designation: RH
Tier Designation: III
Flood Zones: AE (EL 8); AE (EL 9); AE (EL 10); VE (EL 11)
Existing Use: Vacant (contains six partially completed buildings)
Existing Vegetation/Habitat: Scarified
Community Character, of Immediate Vicinity: Adjacent land has Suburban Commercial
zoning to the north and west, developed with commercial businesses and single family
residences; Urban Residential zoning to the southwest, developed with single farnily
residences; and vacant Suburban Residential land to the northeast.
The subject property currently has a Land Use District (LUD) designation of Urban
Residential -Mobile Home (URM) and a Future Land Use Map (FLUM) designation of
Residential High (RH). The property was partially within an RU-5P district (Mobile Home
Park Residential district) prior to 1986 when it was re -designated as URM (the final adoption
of the LUD map was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997,
the subject parcels were given their current FLUM designation of RH.
The subject property is currently assessed as vacant land by the property appraiser, however,
there are six partially -constructed buildings on the site, originally permitted to be four single-
family dwelling residences, a clubhouse, and a gate house.
According to the boundary survey provided by the applicant, the total area of the subject
property is 4.91 acres (213,831 SF), including 4.61 acres of upland (200,771 SF'). However, it
is not clear whether the "apparent shoreline"/"edge of water" shown on the survey is the mean
high water line drawn in accordance with Florida Statutes. All calculations included in the
analysis of this proposed land use district map amendment are based on the aforementioned
figures. A sealed boundary survey/proposed site plan, providing the exact amount of upland
land situated above rnean high water, shall be required at the time of application submittal for
any development approval for new development affecting open space, land use density,
shoreline setback, etc. This survey shall show mean high water lines drawn in accordance with
File # 2014-165 Page 2 of 9
Florida Statutes. used on more accurate information provided on a survey showing the mean
high water line, calculations of density provided in this staff report are subject to change.
Beginning in 2002, several conditional use permits and associated deviations and extensions
were granted for development on the subject property. The most recent was a minor
conditional use permit issued by the Planning Commission (Resolution #P17-07) in 2007 to
develop the property with 20 detached residential dwellings and accessory structures to replace
20 mobile homes previously on the site. Construction was initiated on several buildings, which
remain today as incomplete structures. On November 27, 2010, the conditional use permit
expired due to the developer not meeting completion date requirements, and the approval
granted by Resolution #P17-07 is now considered null and void.
The applicant wishes to amend the LUD designation to UR in order to redevelop the site with
both detached and attached dwelling units, some of which will be affordable housing, as
required under the inclusionary housing regulations in Section 1.30-161(b)(2)b of the land
development regulations pertaining to redevelopment of 10 or more mobile homes. Within the
URM district, the site's current LUD, attached dwelling units are not a permitted use. The
applicant is proposing development of 27 detached market rate dwelling units, and 24 attached
affordable housing units. Pursuant to Section 130-98(b)(1), development of the attached units
within the UR land use district will require a new minor conditional use permit.
At its regularly scheduled meeting on January 27, 2015, the Monroe County Development
Review Committee (DRC) reviewed and discussed the proposed LUD map amendment and
recommended approval (Resolution DRCO I - 15).
At its regularly scheduled meeting on February 25, 2015, the Monroe County Planning
Commission held a public hearing to consider the proposed amendment and recommended
approval to the BOCC through Resolution PO4-15 (Exhibit 1).
A. Maximum Allocated Density and Intensity
The table on the following page provides an approximation of the existing and proposed
development potential for residential, transient, and nonresidential development. Section 130-
156(b) of the Land Development Code states: "The density and intensity provisions set out in
this section are intended to be applied cumulatively so that no development shall exceed the
total density limits of this article. For example, if a development includes both residential and
commercial development, the total gross amount of development shall not exceed the
cumulated permitted intensity of the parcel proposed for development."
File # 2014-165 Page 3 of 9
FLUM
(Existing and Proposed)
Type
Adopted Standards
Development Potential
Residential
I Allocated Density
3-16 du/acre
13-73 du
Residential
12 du/buildable acre (TDRs)
44 du (TDRs)
Residential High (RH)
Max Net Density
25 du/buildable acre (affordable)
92 du (affordable)
Gross Upland Area:
Transient
10 rooms/spaces
200,771 SF (4.61 acres)
Allocated Density
/acre
46 rooms/spaces
Part of 2 platted lots
Transient Max Net
Density
20 rooms/spaces
/buildable acre
92 rooms/spaces
Buildable Area:
3.69 buildable acres
Nonresidential
0 FAR
0
Maximum Intensity
Existing LUD,
Type
Adopted Standards
Development Potential
Residential
I du/lot
2 du*
23 du (mobile home park
Allocated Density
5.0 du/acre (MH park only)
only)
Urban Residential -Mobile
Residential Max Net
N/A
N/A
Home (URM)
Density
Gross Upland Area:
Transient
200,771 SF (4,.61 acres)
Allocated Density
5 spaces/acre
23 spaces
Part of 2 platted lots
Transient Max Net
Density
7 spaces/buildable acre
25 spaces
Buildable Area:
3.69 buildable acres
Nonresidential
0 FAR**
Maximum Intensity
(see Policy 101 A.22)
0*1:
Proposed IUD
Type
Adopted Standards
Development Potential
Residential
6.0 du/acre
27 du
Allocated Density
Residential
12 du/buildable acre (TDRs)
44 du (using TDRs)
Urban Residential (UR)
Max Net Density
25 du/buildable acre (affordable)
92 du (affordable)
Gross Upland Area:
Transient
10 rooms/acre
4-6 rooms/spaces
200,771 SF (4.61 acres)
Allocated Density
( only)
sti
(institutional.
(institutional only)
Part of 2 platted lots
Transient Max Net
20 rooms/buildable acre
92 rooms/spaces
Buildable Area:
Density
(institutional only)
(institutional only)
3.69 buildable acres,
Nonresidential
0 FAR**
Maximum Intensity
(see Policy 101.4.22)
Ot-
Residential Allocated: +4 du
Net Change in
Residential Max Net (using TDRs): +44 du
Development Potential
Residential Max Net (Affordable): +92 du
based on LUD
Transient Allocated: +23 rooms/spaces (institutional)
Transient Max Net: +67 rooms/spaces (institutional)
Non residential: No Change"
File # 2014-165 Page 4 of 9
*As established in a 2002 LOU, 20 permanent residential dwelling units have been lawfully
established on the subject property and may be rebuilt, as any permitted type of permanent
dwelling unit, regardless of the allocated density on the site and exempt from the ROGO
permit allocation system.
**Although MCC Section 130-99 permits nonresidential development up to 2,499 SF in the
URM land use district, the corresponding FLUM designation of Residential High (RH) has a
nonresidential intensity of 0 FAR, per Policy 101.4.22 of the Comprehensive Plan. Although
MCC Section 130-164 permits nonresidential intensity of 0.30 FAR (60,231 SF) for
institutional and public uses in the UR land use district, the corresponding FLUM designation
of Residential High (RH) has a nonresidential intensity of 0 FAR, per Policy 101.4.22 of the
Comprehensive Plan. Based on this, the total increase in potential nonresidential development
is 0.
As shown in the table above, based on the allocated density of the site's current FLUM
designation, RH, the maximum development potential on the site is 13-73 dwelling units, 44
transient rooms/spaces, and zero square feet of nonresidential floor area. The proposed LUD
designation of UR is consistent with the RH FLUM category, and therefore the applicant is not
proposing an amendment to the site's FLUM designation.
As shown in the table, the proposed LUD map amendment would result in an increase in
potential permanent residential development of 4 dwelling units and an increase in potential
transient residential development of 23 dwelling units for institutional residential uses only.
The maximum increase in potential nonresidential development would be zero square feet.
B. Impact on Community Character
Parcels surrounding the subject property currently have LUD designations of Suburban
Commercial, Urban Residential, and Suburban Residential. Land uses surrounding the subject
property include residential, office, light industrial uses, commercial retail and vacant land.
4y
h� l
File #2014-165 Page 5 of 9
The parcel has a tier designation of Tier 111. The majority of the site is scarified, consisting of
pea -rock gravel, grassy areas, and several, partially completed buildings. There is also a small
area of mangroves in the southeast portion of the site.
The proposed LUD map amendment is not anticipated to have an adverse effect on the
community character of the area.
C. Effects on Public Facilities
Traffic Circulation (Policy 3,01.1.1)
The subject property is located on US I in Key Largo. The property is only accessible by US 1.
Pursuant to the Comprehensive Plan, the level of service standard for US I is 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 in Key Largo (MM 91.5 to MM 99.5) is operating at a LOS of
"A." The proposed amendment is not anticipated to negatively impact the traffic LOS.
Potable Water (Policy 701. 1.11
Florida Keys Aqueduct Authority's water treatment facility acility 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 (RO) plants, located
on Stock Island and Marathon, which are able to produce potable water under emergency
conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water,
respectively. The 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.
Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level of Service standard for
nonresidential potable water is 0.35 gallons per square foot per day. The site's FLUM
designation gives it an FAR of 0, and no nonresidential potential exists for the site. Therefore,
the proposed LUD amendment would not result in any net increase in nonresidential potable
water demand from this site. Pursuant to Policy 701.1.1 of the Comprehensive Plan, the Level
of Service standard for residential potable water is 66.5 gallons per capita per day. The
proposed LUD amendment would increase the potential residential development by 7 units
(2.24 residents per dwelling unit). Therefore, the proposed LUD amendment could result in a
net increase in demand from this site of up to 1,043 gallons per day if developed to its
maximum residential potential. Currently there is sufficient capacity for such an increase,
Solid Waste (Policy 801..1.1)
Monroe County has a contract with Waste Management through September 30, 2024. The
contract authorizes the use of in -state facilities; thereby, providing the County with
approximately ten years of guaranteed capacity for the haul out and disposal. of 95,000
tons/year of solid waste not including yard waste. Under the proposed LUD category, the net
increase in potential residential units on the site is 7 dwelling units. Currently there is sufficient
capacity for such an increase.
Sanitary Sewer (Policy 90 1. 1. 11
The County has adopted water quality treatment standards for wastewater facilities and within
the Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for
residential and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU).
Under the proposed LUD category, the net increase in potential residential units on the site is 7
He # 2014-165 Page 6 of 9
dwelling units, which could result in a net increase in demand from this site of up to 1,01.5
gallons per day if developed to its maximum residential potential. The Key Largo Wastewater
Treatment District central sewer system is available to this parcel, and any new or existing
development would be required to connect to the sewer system. The Key Largo Wastewater
Treatment Facility is designed and constructed in accordance with the adopted levels of service
treatment standards.
D. Consistency with the provisions and intent of the Monroe County Year 2010
Comprehensive Plan
The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County Year 2010 Comprehensive Plan. Specifically, the amendment furthers:
Goal 1.01: Monroe County shall manage future growth to enhance the quality of life, ensure
the safety of County residents and visitors, and protect valuable natural resources.
Policy 101.1.1: Monroe County shall adopt level of service (LOS) standards for the following
public facility types required by Chapter 9J-5, F.A.C: roads, sanitary sewer, solid waste,
drainage, potable water, parks and recreation, and paratransit. The LOS standards are
established in the following sections of the Comprehensive Plan:
1. The LOS for roads is established in Traffic and Circulation Policy 301. 1. 1;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801. 1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 90 1. 1. 1;
S. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space
Policy 1201.1.1
Objective 101A Monroe County shall regulate future development and redevelopment to
maintain the character of the community and protect the natural resources by providing for the
compatible distribution of land uses consistent with the designations shown on the Future Land
Use Map.
Policy 101.4.4: The principal purpose of the Residential High category is to provide for high -
density single-family, multi -family, and institutional residential development, including mobile
homes and manufactured housing, located near employment centers. In addition, Monroe
County shall adopt Land Development Regulations which allow nonresidential uses that were
listed as a permitted use in the Land Development Regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan, 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 limited to what the pre-2010 LDR's allowed, whichever is more restricted.
File # 2014-165 Page 7 of 9
Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010
Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive
Plan. The following Community Master Plans have been completed in accordance with the
principles outlined in this section and adopted by the Board of County Commissioners:
5. The Key Lai -go Livable CornmuniKeys Master Plan is incorporated by reference into
the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the
term Objectives in the Comprehensive Plan and the term Action Itern is equivalent to the
term Policy; the meanings and requirements for implementation are synonymous.
Key Largo Livable CommuniKeys Master Plan - Action Item 1.3.7
Evaluate future FLUM change and Land Use District Map change requests for nonconforming
uses, proposed changes in use, vacant parcels and other requests, based mainly on
comprehensive planning principles and the following community -goal related criteria:
a. Promote infill, design flexibility and transfer of density to Community Centers,
b. Preserve commercial conformance status within sections along US-1 predominated
by existing commercial businesses and disturbed lands.
c. Encourage sun -setting of intensive commercial uses within sections along US-1
predominated by natural habitat or native -dominated landscape, relatively sparse
development and relatively few businesses.
d. Preserve commercial use status for existing waterfront uses that support the tourist -
based and working waterfront -based econorny.
e. Give consideration to whether the property provides a unique or outstanding
opportunity for enhancement of design, connectivity and other community goals,
especially along the US-1 corridor.
Objective 101.11: Monroe County shall implement measures to direct future growth away from.
environmentally sensitive land and towards established development areas served by existing
public facilities.
E. Consistency with the provisions and intent of the Monroe County Code Land
Development Code
In accordance with MCC §102-158(d)(5), the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume I of the plan-,
N/A
File #20l4-165 Page 8 of 9
4. New issues;
The proposed map .amendment addresses the need for flexibility in design of housing,
as the applicant desires to develop attached residential dwelling units (which are not
permitted in the UM land use district) to replace the previously existing mobile
homes on the site.
5. Recognition of a need for additional detail or comprehensiveness; or
N/A
6. Data updates;
N/A
I= a DIXII'LTA la I
Staff recommends approval of the proposed amendment to the Land Use District Map of the
Monroe County Land Development Code from Urban Residential -Mobile Home (URM) to
Urban Residential (UR) for property located at 97801 Overseas Highway, Key Largo, having
real estate numbers 000908 10.000000, 00090820.000000, 00090840.000000,
00090840.000 100, and 00090�860.000000.
1. Resolution No. PO4-15.
2. Official Land Use District Map, Sheet 139.
3. Proposed LUD map amendment.
File # 2014-265 Page 9 of 9
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6 7 ' O O( Pd
7 PLANNING COMMISSION RESOLUTION NO. PO4-15
A RESOLUTIONPLANNING
0
COMMISSION RECOMMENDING APPROVAL OORDINANCE
11
BY r! COUNTY BOARD
12
COMMISSIONERS AMENDING THE MONROE COUNTY LAND
13
USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL-
rrl u URBAN rIu
15
. w . b LOCATED
'... bl HIGHWAY,
a, 97801 OVERSEAS
PROPERTY
16
LARGO, APPROXIMATE MILE MARKER 98, DESCRIBED AS
17
PARCELS AND LOCATED IN SECTIONS 5 AND 6,TOWNSHIP
SOUTH,LARGO, b COUNTY,b
19
l
FLORIDA, HAVING REAL ESTATE NUMBERS
4
00090820.000000,rrlr• Ar rrrrrr 00090840rrr r D
21
M1i IM 'ii Ry' IbM b OCEAN bIIwAr
M b r W w r r r 111 r r AS PROPOSED
22
HOLDINGS,PROVIDING ? A. PROVIDING
23
b REPEAL
b f.:. OF CONFLICTING PROVISIONS;
► rM, PROVIDING
is FOR
4
Af STATE LAND PLANNING
Ar AGENCY
TRANSMITTAL AND
25
A b OF STATE; PROVIDING
THE SECRETARY ! Ili .. ��.b AMENDMENT
26
THE r. DISTRICT (ZONING) b PROVIEDING b, 1
DATE,
28
wi
0 WHEREAS,
b Ocean ResidenceHoldings w an application•
31 to the Monroe w • Use District Map to amend the Land Use District (zonin,
32 designation fr• u, Residential -Mobilew, (LTRM)
Urban Residential " and
WHEREAS,33
34 subjectthe property is locatedat 97801 Overseas Highway, Key
3,5 approximate •i • described w. w • • .I- Sections, and as
w Township 62 South,Range 39 East, Key Largo, Monroe'County, Florida,
37 numbers 00090810.000000, rrrbr: r r 00 w 4rl rrrwr r 010090840.000100,
38, r*r: r rr
39
40 WHEREAS, during a regularly scheduled meeting held on •
Monroe41 w Commission • a public hearing for thepurpose •consideri
42 applicant's request wamend the subjectbw• w Use M.I w designation w_
Urban43 b w w• • Urban Residential " and
44
Resolution #PO4-15
File #201.4-1 C5 Page 1 of 4
I WHEREAS, the Planning Commission was presented with the following documents and
2 other information relevant to the request, which by reference is hereby incorporated as part of the
3 record of said hearing:
4
5
1.
Request for a Land Use District (LUD) Map Amendment application, received by the
6
Planning & Environmental Resources Department on November 10, 2014 (File
7
#2014-165); and
8
2,
Staff report prepared by Emily Schemper, Comprehensive Planning Manager, dated
9
February 11, 2015; and
10
3.
Draft Ordinance-, and
11
4.
Sworn testimony of Monroe County Planning & Environmental Resources
12
Department staff, and
13
5.
Advice and counsel of Steve Williams —Assistant County Attorney, and John Wolfe,
14
Planning Commission Counsel; and
15
6.
Sworn testimony of the applicant; and
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17
WHEREAS, based upon the information and documentation submitted, the Planning
18
Commission makes the following Findings of Fact:
19
20
1,
Prior to the 1986 adoption of the County's current land development regulations, and
21
their associated land use district maps, the subject property was within a RU-5P
22
(Mobile Home Park Residential) zoning district;
23 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
24 for all areas of the unincorporated county. On sheet 139 of the Land Use District
25 Map, the subject property is within an Urban Residential -Mobile Home (URA4) Land
26 Use District;
27 3. In 1993, a series, of future land use maps associated with the comprehensive plan,
28 entitled the Future Land Use Map, were adopted for all areas of the unincorporated
29, county. This map series became effective in 1997. On map 2 of the Future Land Use
30 Map, the subject property is within a Residential High (RH) future land use category;
31 4, Map amendments to the Monroe County Land Use District Map shall not be
32 inconsistent with the provisions and intent of the Monroe County Comprehensive
33 Plan;
34 5. Monroe County Code (MCC) § 102-158 states that map amendments are not intended
35 to relieve particular hardships, nor to confer special privileges or rights on any
36 person, nor to permit an adverse change in community character, analyzed in the
37 Monroe County Comprehensive Plan, but only to make necessary adjustments in light
38 of changed conditions or incorrect assumptions or determinations as determined by
39 the findings of the BOCC;
40 6. MCC § 102-158(d)(5)(b) provides that one or more of the following criteria must be
41 met for a map amendment:
Resolution #PO,4-15
File #2014-165 Page 2 of 4
a. Changed projections (e.g., regarding public service needs) from those on which
the te�xt 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 [the Comprehensive Plan];
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness; or
f. Data updates; and
7. 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 information and documentation submitted, the Planning
Commission makes the following Conclusions of of Law-
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. As required by MCC §102-158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit an
adverse change in community character, as analyzed in the Monroe County Year
2010 Comprehensive Plan;
b, As required by MCC §102-158(d)(5)b.3., the map amendment is needed due to
new issues; and
2. The proposed map amendment is, consistent with the provisions and intent of the
Monroe County Year 20 10 Comprehensive Plan:
a. The Urban Residential (UR) Land Use District corresponds with the Future Land
Use Map designation of Residential High (R-H), and is consistent with the
respective density and intensity as set forth in Policy 101.4.22;
b. The Urban Residential (UR) Land Use District is consistent with the purpose of
the Residential High (RH) Future Land Use Map designation, as set forth in
Policy 101.4.4; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recod approval to the Board of'County Commissioners of the
application to amend the subject property's Land Use District designation from Urban
Res,idential-Mobile Home (URM) to Urban, Residential (UR), in accordance with §,102-158 of
the Monroe County Code.
Resolution #PO4-15
File #2014-165 Page 3 of 4
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.11 - I I I' 1M 11 . I I 1 11
. M10111;IM416I.M41M MIRWWWWAIAMEMR0121fill
William Wiatt, Chair —Yes
Denise Werling, Commissioner —Yes—
Beth Ramsey-Vickrey, Cornmissioner —Yes—
Elizabeth Lustburg, Cornmissioner —Yes—
Rory MmZi,1,S,r, Commissioner —No
Iss'o
PLANNINqIGC ISS1 F 0 COUNTY, FLORIDA
IM67 IT M9_
I 0-M
Resolution #PO4-15
File #2014-165
William Wiatt, Chair
114% I — Signed this day ofta C 1-s"
As To
H.,EDWITH THE
F E 0 2 J 2015
AGENCY MERK
Page 4 of 4
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