Item R06R.6
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: R.6
Agenda Item Summary #5071
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
3:00 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing regarding an Ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map
from Urban Residential Mobile Home (URM) to Mixed Use (MU), for property located at 5650 E.
Laurel Ave., Stock Island, approximately Mile Marker 5, as proposed by 5650 Laurel, LLC (File
2018-141)
ITEM BACKGROUND: On July 5, 2018, the Planning and Environmental Resources Department
Land Use District
(Zoning) Map from Urban Residential Mobile Home (URM) to Mixed Use (MU), for property
located at 5650 E. Laurel Ave., Stock Island.
Existing Zoning Map Designation Proposed Zoning Map Designation
The current Zoning designation of the subject property of URM is inconsistent with the current
FLUM designation Mixed Use / Commercial (MC). The proposed Zoning map amendment is
necessary to be consistent with the existing FLUM designation. Florida Statute Sections 163.3194
Packet Pg. 1953
R.6
and 163.3201 require land development regulations to be consistent with and implement the
Comprehensive Plan.
The table below provides an approximation of the development potential for residential, transient
and commercial development for the subject property under the existing zoning and the proposed
zoning.
Existing Zoning Type
Adopted Development
Standards potential based
upon density
Residential Allocated 1 DU/lot 1 unit
Urban Residential Mobile
Density
Home (URM) Total Upland
Area: 0.14 acres 6.250 sf 1
platted lot 0.13 buildable
acres (0.14 ac - 0.2 open
space ratio)
N/A 0 units
TDR/Market Rate
Residential Max Net
Density
N/A 0 units
Affordable Residential
Max Net Density
Transient Allocated 5 rooms or 0.72
Density spaces /acre rooms/spaces
0 0 sf
Nonresidential
Maximum Intensity
Proposed Zoning Type Adopted Development
Standards
potential based
upon density
1 du/gross acre 0.14 units
Residential Allocated
Mixed Use (MU) Total
Density
Upland Area: 0.14 acres 6,250
sf 1 platted lot 0.11 buildable
acres (0.14 ac - 0.2 open space
ratio)
TDR/Market Rate 12 DU/buildable 1.38 units
acre
Residential Max Net
Density
2.07 units
Affordable Residential 18 DU/buildable
Max Net Density acre
1.43 room/space
Transient Allocated 10 rooms or
Packet Pg. 1954
R.6
Density spaces /acre
0.15 - 0.40 FAR 2,500 sf
Nonresidential
Maximum Intensity
Net Change in Development Residential Market Rate Allocated: -0.86 units
Potential Based on Zoning
TDR/Market Rate Residential Max Net: +1.38 units
Affordable Residential Max Net: +2.07 units
Transient Allocated: +0.71 rooms/spaces
Nonresidential: +2,500 sf
The proposed Zoning amendment would result in a decrease of 0.14 units in permanent allocated
residential development potential; an increase in 1.38 units maximum net density residential
potential for market rate units with the use of TDRs; an increase in 2.07 units of affordable
residential maximum net development potential; an increase in development potential of 0.71
rooms/spaces for transient units; and an increase in nonresidential development potential of 2,500
square feet.
The proposed Zoning amendment is consistent with the Monroe County Land Development Code
Section 102-158(d)(5)b, specifically with factors: 4. New issues and 5. Recognition of a need for
additional detail or comprehensiveness.
-----
Zoning Map Amendments may be proposed by the Board of County Commissioners, the Planning
Commission, the Director of Planning, or the owner or other person having a contractual interest in
property to be affected by a proposed amendment. The Director of Planning shall review and
process applications as they are received and pass them onto the Development Review Committee
and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC shall hold at least one public hearing on a
proposed amendment to the land use (zoning) district map to consider the staff report, staff
recommendation, and the testimony given at the public hearing. Following the adoption of the
proposed amendment, the County renders the proposed land use (zoning) district map amendment to
the Department of Economic Opportunity (DEO) for review to determine consistency with the
Packet Pg. 1955
R.6
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends approval of the proposed Zoning amendment
from URM to MU.
DOCUMENTATION:
Staff Report - 5650 Laurel Ave LUD Amendment
Zoning_Amendments_11×17_00124390
Ordinance
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 01/25/2019 12:19 PM
Assistant County Administrator Christine Hurley Completed
01/27/2019 5:16 PM
Steve Williams Completed 01/28/2019 10:07 AM
Maureen Proffitt Completed 01/28/2019 1:52 PM
Budget and Finance Completed 01/28/2019 2:28 PM
Maria Slavik Completed 01/28/2019 2:35 PM
Packet Pg. 1956
R.6
Kathy Peters Completed 01/28/2019 4:57 PM
Board of County Commissioners Pending 02/20/2019 9:00 AM
Packet Pg. 1957
R.6.a
1
2
3
4MEMORANDUM
5M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
6We strive to be caring, professional and fair
7
8
9To: Monroe County Board of County Commissioners
10
11Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
12
13From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
14
15Date: January 8, 2019
16
17Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
18Monroe County Land Use District (Zoning) Map from Urban Residential Mobile Home
19(URM) to Mixed Use (MU), for property located at 5650 E. Laurel Ave., Stock Island,
20approximately Mile Marker 5, as proposed by 5650 Laurel, LLC (File 2018-141)
21
22Meeting: February 20, 2019
23
24I REQUEST
25
26On July 5, 2018, the Planning and Environmental Resources Department received an application from
27to amend the Land Use District (Zoning) Map from Urban
28Residential Mobile Home (URM) to Mixed Use (MU), for property located at 5650 E. Laurel Ave.,
29Stock Island.
30
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
31
32 Existing Zoning Map Designation Proposed Zoning Map Designation
33
34
BOCC SR 01.23.19 Page 1 of 12
File # 2018-141
Packet Pg. 1958
R.6.a
1IIBACKGROUND INFORMATION
2Site Information:
3Location: MM 5, Stock Island
4Address: 5650 E. Laurel Ave.
5Description: Lot 5, Block 31, Maloney Subdivision, Stock
6Island, recorded in Plat Book 2 at Page 55 of the Public
7Records of Monroe County, Florida.
8Parcel ID Number: 00124390-000000
9Owner/Applicant: 5650 Laurel, LLC
10Size of Property: 0.14 acres (6,250 SF per Monroe County
11Property Appraiser)
12FLUM Designation: Mixed Use / Commercial (MC)
13Land Use District: Urban Residential Mobile Home (URM)
14Tier Designation: III
15Flood Zone: AE (EL 9)
16CBRS: No
17Existing Use: Single-family residence and accessory uses
18and structures.
19Existing Vegetation/Habitat: Developed Land
20Community Character of Immediate Vicinity: Adjacent land on all sides has a FLUM
21designation of MC. Surrounding uses include light industrial marine and auto repair services,
22commercial retail, an animal hospital and mobile home residential uses.
23
24The property currently has a Land Use District (Zoning) designation of Urban Residential Mobile
25Home (URM) and a Future Land Use Map (FLUM) designation of Mixed Use / Commercial (MC).
26The property was within the BU-2 (medium business district) land use district prior to September 15,
27
28current FLUM designation of Mixed Use / Commercial (MC).
29
30The property is currently developed with a mobile home and accessory structures and uses. The
31property received a determination of one (1) residential dwelling unit that is exempt from the
32Residential Rate of Growth Ordinance (ROGO) in July 2018. The property contains developed land
33habitat.
34
35The Applicant states that the reason for the proposed amendment is Current zoning is not consistent
36with the area. Mixed-Use zoning surrounds the property. The reason for the proposed land use change
37he Applicants full explanation and justification of the
38proposed amendments is included in the file for the application (File #2018-141).
39
40Staff has reviewed the Applicants position and supporting documentation, and concurs the request
41identifies a new issue and provides an opportunity to eliminate a lawfully existing nonconformity.
42Staff is also reviewing the proposed amendment for consistency with State Statutes, Rules, internal
43consistency with the Comprehensive Plan and balancing all these items and policy issues.
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
44
45
46
BOCC SR 01.23.19 Page 2 of 12
File # 2018-141
Packet Pg. 1959
R.6.a
1Community Meeting and Public Participation
2In accordance with LDC Section 102-159(a), a community meeting was held on August 29, 2018 at
35:30 PM to discuss the proposed Land Use District (Zoning) Map amendment and to provide for public
4participation.
5
6Development Review Committee and Public Input
7At a regular meeting held on September 25, 2018, the Development Review Committee (DRC)
8considered the proposed LUD map amendment and provided for public comment.
9
10Planning Commission and Public Input
11At a regular meeting held on October 24, 2018, the Planning Commission (PC) recommended approval
12of the proposed text amendment through PC Resolution P33-18 and provided for public comment.
13
14
15III. AMENDMENT REVIEW
16Maximum Allocated Density and Intensity by Land Use District (Zoning) Map Designation
Development
Adopted
Existing Zoning Type potential based
Standards
upon density
Residential
1 DU/lot 1 unit
Urban Residential Mobile
Allocated Density
Home (URM)
TDR/Market Rate
N/A 0 units
Residential Max Net Density
Total Upland Area:
0.14 acres
Affordable Residential Max
6.250 sf N/A 0 units
Net Density
1 platted lot
Transient 5 rooms or spaces
0.72 rooms/spaces
0.13 buildable acres
Allocated Density /acre
(0.14 ac 0.2 open space
Nonresidential
ratio)
0 0 sf
Maximum Intensity
Development
Adopted
Proposed Zoning Type potential based
Standards
upon density
Residential
1 du/gross acre 0.14 units
Allocated Density
Mixed Use (MU)
TDR/Market Rate 12 DU/buildable
Total Upland Area:
1.38 units
Residential Max Net Density acre
0.14 acres
6,250 sf
Affordable Residential Max 18 DU/buildable
2.07 units
0.11 buildable acres
Net Density acre
(0.14 ac 0.2 open space
10 rooms or
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
ratio)
Transient
spaces 1.43 room/space
Allocated Density
/acre
BOCC SR 01.23.19 Page 3 of 12
File # 2018-141
Packet Pg. 1960
R.6.a
Nonresidential
0.15 - 0.40 FAR 2,500 sf
Maximum Intensity
Residential Market Rate Allocated: -0.86 units
TDR/Market Rate Residential Max Net: +1.38 units
Net Change in Development
Affordable Residential Max Net: +2.07 units
Potential Based on Zoning
Transient Allocated: +0.71 rooms/spaces
Nonresidential: +2,500 sf
1
2The above table provides an approximation of the development potential for residential, transient and
3commercial development. Section 130-156(b) of the Land Development Code states:
4intensity provisions set out in this section are intended to be applied cumulatively so that no
5development shall exceed the total density limits of this article. For example, if a development includes
6both residential and commercial development, the total gross amount of development shall not exceed
7
8
9As shown in the blue portion of the table, the proposed Zoning amendment would result in a decrease
10of 0.14 units in permanent allocated residential development potential; an increase in 1.38 units
11maximum net density residential potential for market rate units with the use of TDRs; an increase in
122.07 units of affordable residential maximum net development potential; an increase in development
13potential of 0.71 rooms/spaces for transient units; and an increase in nonresidential development
14potential of 2,500 square feet.
15
16Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land
17Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
18process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable
19ROGO allocations may be available) prior to issuance of a building permit. The property received a
20determination of one (1) residential dwelling unit that is exempt from the Residential Rate of Growth
21Ordinance (ROGO) in July 2018.
22
23Compatibility with the Surrounding Area
24a. Existing Vegetation/Habitat: Developed Land
25b. Existing Tier Designation: III
26c. Number of Listed Endangered or Threatened Species: none
27d. Existing Use: mobile home and accessory uses and structures
28e. Community Character of Immediate Vicinity: Adjacent land on all sides has a FLUM
29designation of MC. Surrounding uses include light industrial marine and auto repair services,
30commercial retail, an animal hospital and mobile home residential uses.
31
32 The proposed Zoning amendment is not anticipated to adversely impact the community character of
33 the surrounding area and is consistent with the Mixed Use / Commercial (MC) Future Land Use Map
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
34 designation of the property and surrounding area.
35
36
BOCC SR 01.23.19 Page 4 of 12
File # 2018-141
Packet Pg. 1961
R.6.a
1Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
2Traffic Circulation (Comprehensive Plan Policy 301.1.1)
3The subject property is located on Stock Island with nearest access to US1 via 3rd Street at
4approximate mile marker 5. The 2017 US 1 Arterial Travel Time and Delay Study for Monroe County
5-5.0), with 1,986 reserve
6
7
8The proposed zoning amendment would result in a decrease of one (1) dwelling unit in permanent
9residential development potential, an increase in one (1) room/space in transient residential
10development potential, and increase in two (2) units of affordable residential max net development
11potential and an increase in nonresidential development potential of 2,500 sf. At the time of any
12development approval on the site, traffic concurrency will be reviewed and must maintain a LOS of
13The proposed zoning amendment is not anticipated to adversely impact the
14Traffic Circulation LOS.
15
16Potable Water (Comprehensive Plan Policy 701.1.1)
17Florida Keys Aqueduct Auth
18treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
19MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and
20Marathon, which are able to produce potable water under emergency conditions. The RO desalination
21plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual average daily
22demand in Monroe County is 17.76 MGD.
23
24The proposed FLUM amendment could result in a net increase in demand from this site of up to 448
25gallons per day if developed to its maximum residential intensity. Currently there is sufficient capacity
26for such an increase.
27
28Solid Waste (Comprehensive Plan Policy 801.1.1)
29Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
30September 30, 2024; thereby, providing the County with approximately six (6) more years of guaranteed
31capacity for solid waste. Currently, there is adequate capacity for solid waste generation. All commercial
32solid waste is handled by private contract.
33
34Sanitary Sewer (Comprehensive Plan Policy 901.1.1
35The property currently has a connection to the Key West Resort Utilities sewer system. Per Policy
36901.1.1, the adopted capacity LOS for sanitary sewer in Monroe County is 167 gpd/EDU. The
37proposed LUD amendment would increase the maximum net residential density for affordable housing
38on the site to two (2) dwelling units, which would increase the required flow to 334 gallons per day.
39
40 The proposed LUD is not anticipated to adversely impact the LOS for traffic, potable water, solid
41 waste and sanitary sewer.
42
43IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
44THE LIVABLE COMMUNIKEYS PLAN AND THE MONROE COUNTY LAND
45DEVELOPMENT CODE
BOCC SR 01.23.19 Page 5 of 12
File # 2018-141
Packet Pg. 1962
R.6.a
1A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
2County Year 2030 Comprehensive Plan, assuming the corresponding FLUM and Subarea Policy
3are adopted and become effective. Specifically, it furthers:
4
5Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
6safety of County residents and visitors, and protect valuable natural resources.
7
8Objective 101.1
9Monroe County shall ensure that all development and redevelopment taking place within its
10boundaries does not result in a reduction of the level-of-service requirements established and
11adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
12plan amendments include an analysis of the availability of facilities and services or demonstrate
13that the adopted levels of service can be reasonably met. \[F.S. § 163.3177; F.S. § 163.3180\]
14
15Objective 101.5
16Monroe County shall regulate future development and redevelopment to maintain and enhance the
17character of the community and protect natural resources by providing for the compatible
18distribution of land uses consistent with the designations shown on the Future Land Use Map.
19
20Policy 101.5.6
21The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide
22for the establishment of mixed use commercial land use (zoning) districts where various types of
23commercial retail and office may be permitted at intensities which are consistent with the
24community character and the natural environment. Employee housing and commercial apartments
25are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
26conserve areas of mixed uses, which may include maritime industry, light industrial uses,
27commercial fishing, transient and permanent residential, institutional, public, and commercial
28retail uses.
29
30This future land use category is also intended to allow for the establishment of mixed use
31development patterns, where appropriate. Various types of residential and nonresidential uses may
32be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
33The County shall continue to take a proactive role in encouraging the preservation and
34enhancement of community character and recreational and commercial working waterfronts.
35
36In order to protect environmentally sensitive lands, the following development controls shall apply
37to all hammocks, pinelands, and disturbed wetlands within this land use category:
381. only low intensity commercial uses shall be allowed;
392. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
403. maximum net residential density shall be zero.
41
42In order to preserve and promote recreational and commercial working waterfront uses, as defined
43by \[Section\] 342.07, F.S., the following criteria shall apply to all lands designated with the
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
44Maritime Industries (MI) land use (zoning) district within this land use category:
451. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district,
46working waterfront and water dependent uses, such as marina, fish house/market, boat
BOCC SR 01.23.19 Page 6 of 12
File # 2018-141
Packet Pg. 1963
R.6.a
1repair, boat building, boat storage, or other similar uses but excluding transient uses, shall
2be preserved by maintaining a minimum of 35% of the upland area of the property for those
3uses.
4To incentivize additional preservation of recreational and commercial working waterfront
5uses, the following shall be available:
6i. For the preservation of 3650% of the upland area of property for working waterfront
7and water dependent uses, up to 20,000 square feet of nonresidential floor area from the
8NROGO bank shall be provided to the property; and
9ii. For the preservation of 50% or more of the upland area of property for working
10waterfront and water dependent uses, the residential density on the property may be
11developed pursuant to the maximum net density standard without the use of TDRs.
122. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20%
13of the wet slips for vessels involved with recreational and commercial working waterfront
14uses, excluding live-aboard vessels solely used as a residence and not for navigation.
153. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of
16the wet slips for vessels involved with recreational and commercial working waterfront uses,
17excluding live-aboard vessels solely used as a residence and not for navigation.
184. The preservation of dockage for recreational and commercial working waterfront uses shall
19be documented on the final development plan and shall be a written condition of any permit
20approval.
215. For permanent residential development, parcels within the MI zoning district shall be limited
22to commercial apartments or employee housing. Commercial apartment means an attached
23or detached residential dwelling unit located on the same parcel of land as a nonresidential
24use that is intended to serve as permanent housing for the owner or employees of that
25nonresidential use. The term does not include a tourist housing use or vacation rental use.
266. The preservation of a public access walkway, and a public access boat launch if one already
27exists, shall be required for all parcels with direct access to the water. Consideration shall be
28given to security and the physical constraints of the parcel. The public access walkway shall
29be documented on the final development plan to link a continuous walkway and shall be a
30written condition of any permit approval.
317. Parcels within the MI zoning district shall be limited to commercial retail uses of less than
325,000 square feet of floor area. (Ord. No. 032-2012)
33
34Policy 101.5.25
35Monroe County hereby adopts the following density and intensity standards for the future land use
36categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
37
Future Land Use Densities and Intensities
Minimum
(l)
Residential Nonresidential
Open Space
Future Land Use Category (c)
Ratio
Maximum Net Density
(a)
And Corresponding
Allocated Density Maximum Intensity
(a) (b)
Zoning
(per upland acre) (floor area ratio)
(per buildable acre)
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
* * *
BOCC SR 01.23.19 Page 7 of 12
File # 2018-141
Packet Pg. 1964
R.6.a
1 du
2 du (MI)
(DR, MU, MI) 0.100.45
(k)
6-18 du (SC)
Mixed Use/Commercial 3 du (SC) (SC, UC, DR, MU)
12 du (UC)
(f)(g)
(MC) 6 du (UC)
(k)
1218 du (MU)
(SC, UC, DR, RV, MU Commercial Apartments <2,500 SF (RV)
18 du (DR)
(h)
and MI zoning) (RV) 0.20
0.300.60 (MI)
1025 rooms/spaces
515 rooms/spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum
net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density
Buildable acres
means the portion of a parcel of land that is developable and is not required open space.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands,
and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts
as appropriate.
(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be
permitted for educational, research or sanitary purposes.
(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed
Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net
density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land
use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat
building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property,
adjacent to the shoreline, pursuant to Policy 101.5.6.
1
2Goal 102: Monroe County shall direct future growth to lands which are most suitable for
3development and shall encourage conservation and protection of environmentally sensitive lands
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
4(wetlands, beach berm and tropical hardwood hammock).
5
BOCC SR 01.23.19 Page 8 of 12
File # 2018-141
Packet Pg. 1965
R.6.a
1Policy 105.2.1
2Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean
3Reef planned development, into three general categories for purposes of its Land Acquisition
4Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three
5categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine
6Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and
7growth management approaches associated with each tier are as follows:
8
9 * * *
103. Infill Area (Tier III): Any defined geographic area, where a significant portion of
11land area is not characterized as environmentally sensitive as defined by this Plan,
12except for dispersed and isolated fragments of environmentally sensitive lands of
13less than four acres in area, where existing platted subdivisions are substantially
14developed, served by complete infrastructure facilities, and within close proximity
15to established commercial areas, or where a concentration of nonresidential uses
16exists, is to be designated as an Infill Area. New development and redevelopment
17are to be highly encouraged, except within tropical hardwood hammock or pineland
18patches of an acre or more in area, where development is to be discouraged. Within
19an Infill Area are typically found: platted subdivisions with 50 percent or more
20developed lots situated in areas with few sensitive environmental features; full
21range of available public infrastructure in terms of paved roads, potable water, and
22electricity; and concentrations of commercial and other nonresidential uses within
23close proximity. In some Infill Areas, a mix of nonresidential and high-density
24residential uses (generally 8 units or more per acre) may also be found that form a
25Community Center.
26
27Policy 105.2.2
28Monroe County shall maintain overlay map(s) designating geographic areas of the County as one
29of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an
30overlay on the zoning map(s) with supporting text amendments in the Land Development
31Regulations. These maps are to be used to guide the Land Acquisition Program and the smart
32growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1).
33
34Objective 108.2
35Monroe County shall consider the protection of public health, safety and welfare as a principal
36objective of compatible land use planning on lands adjacent to or closely proximate to the Boca
37Chica airfield of NASKW. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)(I), eff. 7-19-
382012)
39
40Policy 108.2.2
41Density and intensity standards and land uses established by the Future Land Use Element and
42Future Land Use Map, on the effective date of this policy, for properties located within the MIAI
43overlay shall be recognized and allowed to develop to the maximum development potential
44pursuant to the standards existing on the effective date of this policy. (Ord. No. 012-2012, DEO
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
4512-1ACSC-NOI-4401-(A)(I), eff. 7-19-2012)
46
47
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R.6.a
1Livable CommuniKeys Plan
2
3
4by the local community.
5
6In 2007, the BOCC adopted Policy 101.19.2(5) which incorporated the Stock Island/Key Haven
7Livable CommuniKeys Plan (LCP) into the Monroe County Comprehensive Plan. Goal Two of the
8al activities to areas most suitable in the Planning
9
10
11 The Future Land Use Map serves as a guide for future land utilization and
12 compliance of land uses with the policies set forth in the Comprehensive Plan.
13 There are instances on Stock Island and Key Haven where the land use zoning
14 district and/or the FLUM does not correspond with current land use. This results
15 in nonconforming uses and structures. On a site-by-site basis, nonconformities
16 create difficulties in reconciling appropriate redevelopment proposals in the
17 context of current land use zoning district and the FLUM.
18
19 The MU zoning, which allows for both commercial and residential uses, does not
20 adequately inherently protect commercially utilized land from being converted to
21 residential use. Similarly, the MU zoning does not adequately protect residentially
22 utilized land from being converted to commercial use. There is a community-wide
23 need to be sure there is enough appropriately zoned land to accommodate future
24 growth and redevelopment for residential and commercial utilization.
25
26Action Item 2.1.1 of the LCP states: Initiate and complete a land use classification reevaluation plan
27 for Stock Island.
28
29Action Item 2.3.1 of the LCP states: Continue to recognize land use districts and FLUM categories as
30 the regulatory tool used for evaluating individual proposals for compliance with land development
31 standards such as type of use and intensity of use.
32
33The proposed LUD map amendment is consistent with Action Items 2.1.1 and 2.3.1, as it continues to
34recognize the current FLUM category of the subject property, and reevaluates the land use
35classification of the subject property based on the adopted FLUM for Stock Island and resolves an
36existing inconsistency.
37
38
39B. The proposed amendment is consistent with the provisions and intent of the Monroe County
40Code Land Development Code.
41
42In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance
43enacting the proposed change based on one or more of the following factors:
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
44
451. Changed projections (e.g., regarding public service needs) from those on which the text of
46boundary was based;
47
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R.6.a
1Per the Applicant:
2the property is compatible with mixed-
3
42. Changed assumptions (e.g., regarding demographic trends);
5
6Per the Applicant: None.
7
83. Data errors, including errors in mapping, vegetative types and natural features described
9in Volume I of the plan;
10
11Per the Applicant: None.
12
134. New issues;
14
15Per the Applicant: ner would like to build a commercial property / affordable housing for
16
17
18The subject
19Zoning designation of URM. The URM Zoning district is not consistent with the MC FLUM. The
20proposed Zoning map amendment is necessary to be consistent with the adopted FLUM
21designation on the property. Note, Sections 163.3194 and 163.3201, F.S., require land
22development regulations to be consistent with and implement the Comprehensive Plan.
23
24The proposed land use district of Mixed Use (MU) would allow for the development of affordable
25housing dwelling units on the property.
26
275. Recognition of a need for additional detail or comprehensiveness; or
28
29Per the Applicant: None.
30
31
32adopted FLUM designation of MC. The proposed Zoning designation of MU is consistent with
33the MC FLUM and is also consistent with the existing MU and Urban Commercial (UC) Zoning
34designations of the majority of land in the immediate vicinity of the subject property. The proposed
35Zoning amendment is therefore necessary to be consistent with the existing FLUM designation of
36MC. Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations
37to be consistent with and implement the Comprehensive Plan.
38
396. Data updates.
40
41Per the Applicant: None.
42
43In accordance with MCC §102-158(d)(5)c., in no event shall an amendment be approved which
Attachment: Staff Report - 5650 Laurel Ave LUD Amendment (LUD Map Amendment - 5650 Laurel Ave (2018-141))
44will result in an adverse community change to the planning area in which the proposed
45development is located or to any area in accordance with a livable communikeys master plan
46pursuant to findings of the board of county commissioners.
BOCC SR 01.23.19 Page 11 of 12
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R.6.a
1
2Per the Applicant:
3intent of the future land use or FLUM and the Stock Island Master Plan. Our intent is to fit in with the
4
5
6The subject property is adjacent to commercial, light industrial, and high density residential uses, and
7currently has a Future Land Use Map designation of Mixed Use/Commercial. It is anticipated that the
8proposed Zoning map amendment for the site will not result in an adverse community change to the
9surrounding area.
10
11The proposed Zoning map amendment is also consistent with Action Items 2.1.1 and 2.3.1 of the Stock
12Island/Key Haven Livable CommuniKeys Plan, as it continues to recognize the current FLUM
13category of the subject property, and reevaluates the land use classification of the subject property
14based on the adopted FLUM for Stock Island and resolves an existing inconsistency.
15
16V. RECOMMENDATION
17
18Staff recommends approval of the proposed Zoning amendment from URM to MU.
19
20VI. EXHIBITS
21
221. Amendment Maps
232. LUD Ordinance
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S DN2
T
S DR3
T
S DR3
T
TS DN2
TS DN2
TS DR3
TS DR3
TS DN2
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