Item P6 P.6
County ®1 �/�OI�®e �� c��'° BOARD OF COUNTY COMMISSIONERS
lrl Mayor Sylvia Murphy,District 5
-Ile InOI1da Keys Mayor Pro Tern Danny Kolhage,District I
Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: P.6
Agenda Item Summary #5633
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 to consider adoption of an Ordinance by the
Monroe County Board of County Commissioners amending the Monroe County Land Use District
(Zoning) Map from Native Area (NA) Parks and Refuge (PR) and Suburban Commercial (SC) to
Commercial 1 (C1), for property located at 100 Anchor Drive, Key Largo, as proposed by Ocean
Reef Club Inc.
ITEM BACKGROUND:
On April 11, 2018, the Planning and Environmental Resources Department received an application
from the Joel Reed of RC3WORLD Inc. on behalf of the Ocean Reef Club Inc. "the Applicant," to
amend the Monroe County Land Use District (Zoning) map from Native Area (NA), Parks and
Refuge (PR) and Suburban Commercial (SC) to Commercial 1 (C1), for property located at 100
Anchor Drive, Key Largo. The Applicant has also requested a corresponding Future Land Use Map
(FLUM) amendment for the property from Mixed Use / Commercial (MC), Recreation (R) and
Conservation (C) to Commercial (COMM). The subject of this staff report is the proposed Zoning
amendment.
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Existing Land Use (Zoning) District Proposed Land Use (Zoning) District
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The Applicant states that the reason for the proposed amendment is "The site has three (3) land use
districts and three (3) associated Future Land Use districts. It can be seen from the associated map
that there evidently was a mapping error as to how the boundary lines were created for these parcels.
We are requesting a Land Use District (LUD) map change to Commercial 1 District (C1) and a
Future Land Use (FLU) Map change to Commercial (COMM) for both parcels." The Applicant's
full explanation and justification of the proposed amendments is included in the file for the
application (File 42018-076).
In accordance with LDC Section 102-159(a), a community meeting was held on September 5, 2018
at 5:30 PM at the subject property to discuss the proposed Land Use District (Zoning) Map
amendment and corresponding Future Land Use Map (FLUM) amendment, and to provide for public
participation. There was one (1) attendee who did not provide any input.
At a regular meeting held on December 11, 2018, the Development Review Committee (DRC)
considered the proposed LUD amendment,provided for public comment and recommended approval
through DRC Resolution 22-18.
At a regular meeting held on December 12, 2018, the Planning Commission recommended approval
of the proposed LUD amendment through PC Resolution P39-18 and provided for public comment.
The proposed density during review was as follows:
Maximum Allocated Density and Intensity by and Use District Zonin Map Designation_
Adopted Maximum development
Existing Zoning Type Standards potential based upon
density/intensity
Residential 3.0 du/acre 0.87 units
Allocated Density
Suburban Commercial TDR/Market Rate 6.0 du/buildable
(SC) Residential Max Net acre 1.39 units
Density
Total Upland Area: 0.29 18.0 du/buildable
acres Affordable Residential acre 4.18 units
(12,655 sf) Max Net Density
0.23 buildable acres Transient 10 rooms or spaces 2.91 rooms/spaces
(0.29 ac—0.20 open space Allocated Density /gross acre
ratio)
Nonresidential 0.15 -0.40 FAR 5,062 sf
Maximum Intensity
Native Area (NA) Residential
Allocated Density 025 du 0.05 units
Total Upland Area: 0.19 TDR/Market Rate
acres Residential Max Net N/A 0 units
(8,397 sf) Density
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Affordable Residential N/A
0.01 buildable acres Max Net Density 0 units
(0.19 ac—0.95 open space
ratio) Transient 0 rooms/spaces 0 rooms/spaces
Allocated Density
Nonresidential 0.20 1,679 sf
Maximum Intensity
Residential 0 du
Allocated Density 0 units
Park and Refuge (PR) TDR/Market Rate
Residential Max Net N/A 0 units
Total Upland Area: 0.76 Density
acres
(33,229 sf) Affordable Residential N/A 0 units
Max Net Density
0.08 buildable acres Transient
(0.76 ac—0.90 open space Allocated Density 2 rooms or spaces 1.53 rooms/spaces
ratio)
Nonresidential 0.20 6,646 sf
Maximum Intensity
Proposed Zoning Type Adopted Development potential
Standards based upon density
Residential 0 du 0 units
Allocated Density
Commercial 1 (Cl) TDR/Market Rate
Residential Max Net N/A 0 units
Total Upland Area: 1.25 Density
acres
(54,281 sf) Affordable Residential
Max Net Density N/A 0 units
0.02 buildable acres
(1.25 ac—0.20 open Transient 0 rooms/spaces 0 rooms/spaces
space ratio) Allocated Density
Nonresidential 0.15— 0.40 FAR 21,712 sf
Maximum Intensity
Residential Market Rate Allocated: -0.92 units
TDR/Market Rate Residential Max Net: -1.39 units
Net Change in
Development Potential Affordable Residential Max Net: -4.18 units affordable
Based on Zoning
Transient Allocated: -4.44 rooms/spaces
Nonresidential: +8,325 sf
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P.6
As shown in the blue portion of the table, the proposed Zoning amendment would result in a
decrease of 0.92 units in permanent allocated residential development potential; a decrease of 1.39
units in maximum net density residential potential for market rate units with the use of TDRs; a
decrease of 4.18 units of affordable residential development potential; a decrease of 4.44 rooms or
spaces for transient units; and a increase in nonresidential development potential of 8,325 square
feet.
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Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2018-076_Staff Report_BOCC_06.19.2019
11x17 OceanReef LUD 2018-076
Ordinance
Exhibit 1 to Ordinance - LUD_Ord.Map_2018-076
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
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P.6
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 05/31/2019 12:52 AM
Assistant County Administrator Christine Hurley Completed
05/31/2019 10:32 AM
Steve Williams Completed 05/31/2019 12:36 PM
Maureen Proffitt Completed 05/31/2019 12:54 PM
Budget and Finance Completed 06/03/2019 9:34 AM
Maria Slavik Completed 06/03/2019 9:43 AM
Kathy Peters Completed 06/03/2019 12:02 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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1 L\ V
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4 MEMORANDUM c
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5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT c
6 We strive to be caring,professional and fair
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9 To: Monroe County Board of County Commissioners Q
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning& Environmental Resources 0
12 E
13 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager o
14 -J
15 Date: May 28, 2019 0
16
17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the Q
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18 Monroe County Land Use District(Zoning)Map from Native Area(NA)Parks and Refuge o
19 (PR) and Suburban Commercial (SC) to Commercial 1 (C I), for property located at 100
20 Anchor Drive, Key Largo, as proposed by Ocean Reef Club Inc. (File 92018-076)
21 a
22 Meeting: June 19, 2019 0
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23
24 I REQUEST
25 °
26 On April 11, 2018, the Planning and Environmental Resources Department received an application
27 from the Joel Reed of RC3WORLD Inc. on behalf of the Ocean Reef Club Inc. "the Applicant," to w
28 amend the Monroe County Land Use District(Zoning)map from Native Area(NA),Parks and Refuge
CD
29 (PR)and Suburban Commercial(SC)to Commercial 1 (C 1),for property located at 100 Anchor Drive,
30 Key Largo. The Applicant has also requested a corresponding Future Land Use Map (FLUM)
31 amendment for the property from Mixed Use / Commercial (MC), Recreation (R) and Conservation of
32 (C) to Commercial (COMM). The subject of this staff report is the proposed Zoning amendment. v
33 O
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35 Existing Land Use(Zoning)District Proposed Land Use(Zoning)District
BOCC SR 06.19.19 Page 1 of 10
File #2018-076
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P.6.a
1
2 II. BACKGROUND INFORMATION
3
4 Site Information:
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5 Address: 100 Anchor Drive, Key Largo, Ocean Reef Club
6 Parcel ID: 00572797-003600 and 00572797-003603
7 Owner/Applicant: Ocean Reef Club, Inc.
8 Size of Property: 1.246 acres (54,281 SF) per survey completed by Eduardo M. Suarez, PSM
9 of Longitude Surveyors dated May 29, 2014 and updated on August 8, 2018
10 FLUM Designation: Mixed Use/ Commercial (MC), Recreation (R) and Conservation (C)
11 Land Use District: Suburban Commercial (SC), Native Area(NA) and Park and Refuge (PR)
12 Tier Designation: none E
13 Flood Zones: AE(EL 10)
14 CBRS: No
15 Existing Use: Nonresidential building (Ocean Reef Community Association and the Monroe 0
16 County Planning/Building Department) and a cell tower
17 Existing Vegetation/Habitat: Developed Land and Hammock
18 Community Character of Immediate Vicinity: Adjacent land uses include single-family
19 residential uses south and west, multi-family residential uses to the north and a golf course to the
20 east.
21
22 The property currently has a Land Use District (Zoning) designation of Suburban Commercial (SC),
0
23 Native Area (NA) and Park and Refuge (PR) and a Future Land Use Map (FLUM) designation of
24 Mixed Use / Commercial (MC), Recreation (R) and Conservation (C). The property was within the
25 GU(general use) and RU-3 (multiple-family residential)zoning districts prior to September 15, 1986. 2
.T
26 The property was re-designated as Native Area(NA)and Sparsely Settled(SS)with the final adoption
27 of the LUD map in 1992. With the adoption of the Comprehensive Plan's FLUM in 1997,the property
28 was given the current FLUM designation of Mixed Use / Commercial (MC), Recreation (R) and
29 Conservation (C).
30
31 The Applicant is also requesting proposed Future Land Use Map (FLUM) amendment for the property i
32 from Mixed Use/Commercial (MC), Recreation (R) and Conservation (C) to Commercial (COMM).
33 0
34 The Applicant states that the reason for the proposed amendment is "The site has three (3) land use
35 districts and three(3)associated Future Land Use districts. It can be seen from the associated map that 0
36 there evidently was a mapping error as to how the boundary lines were created for these parcels. We
37 are requesting a Land Use District (LUD) map change to Commercial 1 District (C1) and a Future
38 Land Use (FLU) Map change to Commercial (COMM) for both parcels." The Applicant's full (n
39 explanation and justification of the proposed amendments is included in the file for the application
40 (File 42018-076).
00
41
42 Staff has reviewed the Applicant's position and supporting documentation, and is also reviewing the
43 proposed amendment for consistency with State Statutes (including 163.3187, F.S., above), Rules, a
44 internal consistency with the Comprehensive Plan and balancing all the requirements and policy
45 issues.
46
BOCC SR 06.19.19 Page 2 of 10
File 92018-076
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I Community Meeting and Public Participation
2 In accordance with LDC Section 102-159(a), a community meeting was held on September 5, 2018 at
3 5:30 PM at the subject property to discuss the proposed Land Use District (Zoning) Map amendment to
4 and corresponding Future Land Use Map (FLUM) amendment, and to provide for public participation.
00
6 Development Review Committee and Public Input
7 At a regular meeting held on December 11, 2018, the Development Review Committee (DRC)
8 considered the proposed FLUM map amendment and provided for public comment.
9
10 Planning Commission and Public Input
11 At a regular meeting held on December 12, 2018, the Planning Commission recommended approval
12 of the proposed FLUM map amendment through PC Resolution P39-18 and provided for public E
13 comment.
14
15 0
16 III. AMENDMENT REVIEW
17
18 Maximum Allocated Densityand Intensity by Land Use District(Zoning) Map Designation
Maximum
development
Existing Zoning Type Adopted potential based
Standards
upon
density/intensity 0
Residential
Allocated Density 3.0 du/acre 0.87 units
2
°0
Suburban Commercial(SC) TDR/Market Rate 6.0 du/buildable
Residential Max Net Density acre 1.39 units
M
Total Upland Area: 0.29 acres Ir-
18.0 du/buildable
(12,655 sf) Affordable Residential Max ri
Net Density acre 4.18 units17
0.23 buildable acres
Transient 10 rooms or g,
(0.29 ac—0.20 open s pace 2.91 rooms/spaces �
ratio) Allocated Density spaces/gross acre
CO
Nonresidential �
Maximum Intensity 0.15 -0.40 FAR 5,062 sf 0
Residential 0.25 du 0.05 units
Native Area (NA) Allocated Density
i
Total Upland Area: 0.19 acres TDR/Market Rate N/A �.
(8,397 sf) Residential Max Net Density 0 units
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Affordable Residential Max N/A 0 units `d
0.01 buildable acres Net Density
(0.19 ac—0.95 open space
ratio Transient
Allocated Density 0 rooms/spaces 0 rooms/spaces
BOCC SR 06.19.19 Page 3 of 10
File 92018-076
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Nonresidential 0.20 1,679 sf
Maximum Intensity
Residential 0 du 0 units
Allocated Density ®0
Park and Refuge (PR)
TDR/Market Rate N/A
Residential Max Net Density 0 units
Total Upland Area: 0.76 acres g
(33,229 sf) Affordable Residential Max N/A CL
C'
Net Density 0 units
0.08 buildable acres
Transient
(0.76 ac—0.90 open space Allocated Density 2 rooms or spaces 1.53 rooms/spaces
ratio)
Nonresidential 0.20 6,646 sf
Maximum Intensity
Adopted Development
Proposed Zoning Type potential based
Standards
upon density
Residential 0 du 0 units
Allocated Density
as
Commercial 1 (C1)
TDR/Market Rate
Total Upland Area: 1.25 Residential Max Net Density N/A 0 units
acres —
(54,281 sf) Affordable Residential Max
Net Density N/A 0 units
0.02 buildable acres 0
(1.25 ac—0.20 open space Transient
ratio) Allocated Density 0 rooms/spaces 0 rooms/spaces
Nonresidential 0.15—0.40 FAR 21,712 sf
Maximum Intensity
Residential Market Rate Allocated: -0.92 units i
TDR/Market Rate Residential Max Net: -1.39 units
Net Change in Development CO COI
Potential Based on Zoning
Affordable Residential Max Net: -4.18 units affordable
CL
Transient Allocated: -4.44 rooms/spaces
Nonresidential: +8,325 sf
cas
1 �
2 The above table provides an approximation of the development potential for residential, transient and
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3 commercial development. Section 130-156(b)of the Land Development Code states: "The density and
4 intensity provisions set out in this section are intended to be applied cumulatively so that no
5 development shall exceed the total density limits of this article. For example,if a development includes a
6 both residential and commercial development, the total gross amount of development shall not exceed
7 the cumulated permitted intensity of the parcel proposed for development."
8
BOCC SR 06.19.19 Page 4 of 10
File 92018-076
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I As shown in the blue portion of the table, the proposed Zoning amendment would result in a decrease
2 of 0.92 units in permanent allocated residential development potential; a decrease of 1.39 units in
3 maximum net density residential potential for market rate units with the use of TDRs; a decrease of ti
4 4.18 units of affordable residential development potential; a decrease of 4.44 rooms or spaces for o
5 transient units; and a increase in nonresidential development potential of 8,325 square feet. c
6
7 Compatibility with the Surrounding Area c
8 a. Existing Vegetation/Habitat: Developed Land and c
9 Hammock
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10 b. Existing Tier Designation: none
11 c. Number of Listed Endangered or Threatened
12 Species: four E
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13 d. Existing Use: Nonresidential building(Ocean Reef o
14 Community Association and the Monroe County _J
15 Planning/Building Department) and a cell tower
16 e. Community Character of Immediate Vicinity: d _
17 Adjacent land uses include single-family Q
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18 residential uses south and west, multi-family o
19 residential uses to the north and a golf course to the ° m
20 east.
21 a
22 The proposed Zoning amendment is not anticipated to Number Of Pra#actedpedes
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23 adversely impact the community character of the
24 surrounding area. The proposed change in zoning designation is consistent with the historical use of
25 the subject property. °
26 >
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27 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE
28 PLAN, THE KEY LARGO COMMUNIKEYS PLAN, AND THE MONROE COUNTY LAND
29 DEVELOPMENT CODE N
30
31 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe of
32 County Year 2030 Comprehensive Plan (Note: compliance with Policy 101.5.26 must be v
33 established prior to BOCC adoption of the proposed FLUM amendment). Specifically, it m
34 furthers: i
35 °a
36 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
37 safety of County residents and visitors, and protect valuable natural resources.
38 in
39 Objective 101.5
m
40 Monroe County shall regulate future development and redevelopment to maintain and enhance the o
41 character of the community and protect natural resources by providing for the compatible c
42 distribution of land uses consistent with the designations shown on the Future Land Use Map.
43 a
44 Policy 101.5.8
45 The principal purpose of the Commercial (COMM) future land use category is to provide for the 2
46 establishment of commercial zoning districts where various types of commercial retail; highway- Q
BOCC SR 06.19.19 Page 5 of 10
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I oriented sales and services; commercial recreation; light industrial;public,institutional and office
2 uses may be permitted at intensities which are consistent with the community character and the
3 natural environment. The commercial zoning districts established within this category are
4 intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not
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5 intended to accommodate transient or permanent residential development.
6
7 In order to protect environmentally sensitive lands,the following development controls shall apply
8 to all Tier I lands within this land use category:
9 1. only low intensity commercial uses shall be allowed; and
10 2. a maximum floor area ratio of 0.15 shall apply.
11
12 Policy 101.5.25 E
13 Monroe County hereby adopts the following density and intensity standards for the future land use a
14 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
15 0
Future Land Use Densities and Intensities
Residential 0) Nonresidential Minimum
Future Land Use Allocated Density Maximum Net Maximum Open
Category And (a) �a>�b> Intensity Space
Corresponding Zoning (per upland acre) Density (floor area Ratio (0
(per buildable acre)
ratio)
Commercial(COMM) 0 du N/A 0.15-0.50 0.20 0
(C1 and C2 zoning) 0 rooms/spaces N/A
Notes: c
(a) The allocated densities for submerged lands,salt ponds,freshwater ponds,and mangroves shall be 0 and the `2
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 c"!
to the maximum net density without the use of TDRs. "N/A" means that maximum net density bonuses shall
not be available. 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 0
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
00
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. C14
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC r-
future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, E
boat repair,boat building,boat storage,or other similar uses,shall comprise a minimum of 35%of the upland 0
area of the property,adjacent to the shoreline,pursuant to Policy 101.5.6.
BOCC SR 06.19.19 Page 6 of 10
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(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed
or in existence on the site,whichever is less.
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre,or s�
1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the
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maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the
permitted nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM
future land use designation for platted lots which have a duplex that was lawfully established prior to
September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable
acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling
units. For the UR zoning district market rate housing may be developed as part of an affordable or employee
E
housing project with a maximum net density not exceeding 18 du/buildable acre.
(1) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not
count when calculating density.
(m) Within the Residential Low future land use category, the maximum net density for platted lots of less than c
0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot, provided all of the
following conditions are met:
1. The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior
to January 2, 1996;
2. The platted lot may not be identified for any other use or purpose on the plat(e.g., "park," "common
area,"etc.);
3. The platted lot must have a Tier designation of Tier III;
4. Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of
one(1)full TDR to the SR lot,regardless of the size of the lot and the allocated density assigned to it;
5. The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 .2
0
of the Land Development Code; >
6. TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
7. The subject parcel must comply with Policy 301.2.5 regarding legal access.
1 cv
2 Objective 101.19
3 Monroe County shall address local community needs while balancing the needs of all Monroe
4 County communities. These efforts shall focus on the human crafted environment and shall be
5 undertaken through the Livable CommuniKeys Planning Program. 0
6 i
7
8 Policy 101.19.2
9 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part
10 of the plan and be implemented as part of the Comprehensive Plan. The following Community
11 Master Plans have been completed in accordance with the principles outlined in this section and
12 adopted by the Board of County Commissioners:
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13
14
15 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
16 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan E
17 have been adopted and approved as equivalent to the term Objectives in the Comprehensive 2
18 Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been
19 adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items
BOCC SR 06.19.19 Page 7 of 10
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I without a green checkmark next to them are not considered to be consistent with the definitions
2 of"Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance
3 012-2007.
4
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5 B. The proposed amendment is consistent with the Key Largo Livable Communikeys Plan.
6 Specifically,it furthers:
7
8 Strategy 1.3
9 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use type,
10 density and intensity on individual parcels within the planning area.
11 �
12 Strategy 9.3 E
13 Enhance current passive recreational areas to provide adequate accessibility and outdoor education
14 opportunities to all users,while maintaining the sensitive natural and cultural resources within the
15 planning area. 0
16
17 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
18 of individual parcels with respect to density, intensity, bulk regulations, and all other land
19 development regulation. This will protect the existing conformance status of most uses and
20 promote orderly development consistent with the Comprehensive Plan.
21
22 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in
0
23 the planning area where appropriate.
24
25 Action Item 1.3.3: Revise the FLUM and Land Use District Maps to resolve conflicts and 2
T
26 inconsistencies between the FLUM and Land Use District Maps.
27
28 C. The proposed amendment is consistent with the provisions and intent of the Monroe County
29 Code Land Development Code.
30
31 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance i
32 enacting the proposed change based on one or more of the following factors:
33 0
34 1. Changed projections (e.g., regarding public service needs)from those on which the text of
35 boundary was based; 0
36
37 Per the Applicant: "N/A TO THIS REQUEST"
38
39 2. Changed assumptions (e.g., regarding demographic trends);
40
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41 Per the Applicant: "N/A TO THIS REQUEST"
42
43 3. Data errors, including errors in mapping, vegetative types and natural features described in
44 Volume I of the plan; E
45
46 Per the Applicant: "At the time the area was mapped, zoning districts did not follow the parcel line
47 which created areas where parcels received multiple different land use designations."
BOCC SR 06.19.19 Page 8 of 10
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1 4. New issues;
2 Per the Applicant: "N/A TO THIS REQUEST"
3
4 The applicant has proposed a corresponding FLUM amendment changing the FLUM designation
00
5 on the property from Mixed Use / Commercial (MC), Recreation (R) and Conservation (C) to �
6 Commercial (COMM). The proposed Zoning map amendment is necessary to be consistent with
7 the proposed FLUM amendment. Note, Sections 163.3194 and 163.3201, F.S., require land
8 development regulations to be consistent with and implement the Comprehensive Plan.
9
10 5. Recognition of a need for additional detail or comprehensiveness; or
11
12 Per the Applicant: "N/A TO THIS REQUEST" E
13
14 The applicant has proposed a corresponding FLUM amendment changing the FLUM designation
15 on the property from Mixed Use / Commercial (MC), Recreation (R) and Conservation (C) to 0
16 Commercial (COMM). The proposed Zoning map amendment is necessary to be consistent with
17 the proposed FLUM amendment. Note, Sections 163.3194 and 163.3201, F.S., require land
18 development regulations to be consistent with and implement the Comprehensive Plan.
19
20 6. Data updates.
21
22 Per the Applicant: "N/A TO THIS REQUEST"
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0
23
24 In accordance with MCC §102-158(d)(5)c.,in no event shall an amendment be approved which
25 will result in an adverse community change to the planning area in which the proposed .2
26 development is located or to any area in accordance with a livable communikeys master plan
27 pursuant to findings of the board of county commissioners.
28
29 Per the Applicant:
There is no adverse community impact with the proposed change to the parcel. Changing
to the correct land use district map will be consistent with the existing commercial i
development that already exists on the property and allow for redevelopment of the
30 current development and expansion with life uses. i
31 0
32 The proposed LUD Amendment is consistent with the historical use of the subject property and is not
33 anticipated to result in an adverse community change.
34
35
36 V. STAFF RECOMMENDATION
00
37 Ir-
38 Staff recommends approval of the proposed Zoning amendment from PR, NA and SC to Cl, c"
39 contingent on adoption and effectiveness of the proposed corresponding FLUM amendment from MC,
40 R and C to COMM. E
41
42
43
BOCC SR 06.19.19 Page 9 of 10
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P.6.a
I VI. EXHIBITS
2 _
3 1. 11" by 17" LUD Amendment Maps
4 2. Ordinance
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BOCC SR 06.19.19 Page 10 of 10
File 92018-076
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6 MONROE 'COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. .2019
9'
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNT`'
11 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE �-
1.2 DISTRICT (ZONING) MAP FROM NATIVE AREA. (NA), PARKS AND 00
1.3 REFUGE (PR) AND SUBURBAN COMMERCIAL (SC) TO COMMERCIAL 1
14 (Cl), FOR A PORTION OF PROPERTY LOCATED AT 100 ANCHOR DRIVE,
15 KEY LARGO,, OCEAN REEF CLUB, HAVING REAL ESTATE NUMBERS
16 111I572797-003600 AND 0572797-011360,3; AS PROPOSED BY OCEAN REEF
17 CLUB INC.; PROVIDING FOR SEVERAl3ILIT"Y'; PROVIDING FOR REPEAL
18 OF CONFLICTING PROVISIONS- PROVIDING FOR TRANSMITTAL TO
19 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF E
20 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT
21 (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24
25 WHEREAS, on April 11, 2018, the Planning and Environmental Resources Department
26 received an application from the Ocean Reef Club Inc. (the `Applicant") to amend the Land Use
27 District (Zoning) Map from Native Area (NA), Pars and Refuge (PR) and Suburban Commercial.
28 (SC) to Commercial. I (C1.) for property located at 100 Anchor Drive, ley Largo; and.
29
30 WHEREAS, the Applicant has also requested a corresponding Future Land Map (FLCJM)
31 amendment for the subject property from Mixed Use / Commercial (MC"), Recreation (R) and
32 Conservation (C) to Commercial (COMM); and
33
34 WHEREAS, in accordance with Land Development 'Code Section 102-1.59(a), the
35 Applicant held a community meeting regarding the proposed amendments on September 5, 2018; �
36 and
37
38 WHEREAS, the Monroe County Development Review Committee (DRC) considered the
39 proposed amendment at a regularly scheduled meeting held on December 1.1, 2018; and
4
41 WHEREAS, at a regularly scheduled meeting held on December 12, 2018, the Monroe
42 County Planning Commission held a public hearing for the purpose of considering the proposed
43 amendment to the I_,and I_J.se District (Zoning) Map, as well as the corresponding FLUM
44 amendment„ and provided for public comment; and
Ordinance -2019
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1 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P39-18
2 recommending to the Monroe County Board of County Commissioners (BOCC) approval of the
3 proposed amendment; and
4
5 WHEREAS, at a regular meeting held on the 191h day of June, 2019, the BOCC held a
6 public hearing to consider adoption of the proposed Zoning Map amendment, considered the staff
7 report and provided for public comment and public participation in accordance with the
8 requirements of state law and the procedures adopted for public participation in the planning
9 process;
1000
11 WHEREAS, based upon the information and documentation submitted, including in the
12 accompanying staff report, the BOCC makes the following Findings of Fact:
13
14 1. Prior to the 1986 adoption of the County's current land development regulations and g
15 their associated land use district maps,the subject property were within the GU(general 0
16 use) and RU-3 (multiple-family residential) zoning districts; and
17 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for
18 all areas of the unincorporated county, and the subject parcel was given its current
19 zoning designation of Native Area (NA) and Sparsely Settled (SS); and
20 3. Monroe County Code (MCC) §102-158 states that map amendments are not intended
21 to relieve particular hardships, nor to confer special privileges or rights on any person,
22 nor to permit an adverse change in community character, analyzed in the Monroe
23 County Comprehensive Plan, but only to make necessary adjustments in light of
24 changed conditions or incorrect assumptions or determinations as determined by the
25 findings of the BOCC; and
26 4. MCC §102-158(d)(7)b. provides that one or more of the following criteria must be met
27 for a map amendment:
28 a. Changed projections (e.g.,regarding public service needs) from those on which the
29 text or boundary was based;
30 b. Changed assumptions (e.g., regarding demographic trends);
31 c. Data errors, including errors in mapping, vegetative types and natural features
32 described in volume I of the plan [the Comprehensive Plan];
33 d. New issues; 0
34 e. Recognition of a need for additional detail or comprehensiveness; or
35 f. Data updates; and
36 5. Map amendments to the Monroe County Land Use District Map shall not be
37 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
39 Critical State Concern; and
40 WHEREAS,based upon the information and documentation submitted,the BOCC makes
4� the following Conclusions of Law:
43 1. The proposed map amendment is consistent with the provisions of the Monroe County
44 Code:
Ordinance -2019
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I a. As required by MCC§102-158,the map amendment does not relieve particular
2 hardships, nor confer special privileges or rights on any person, nor permit an
3 adverse change in community character, as analyzed in the Monroe County
4 Year 2030 Comprehensive Plan;
5 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
6 data errors, new issues and recognition of a need for additional detail or
7 comprehensiveness; and
8 2. The proposed map amendment is consistent with the provisions and intent of the
9 Monroe County Year 2030 Comprehensive Plan:
10 a. The Commercial 1 (Cl) Land Use (Zoning) District corresponds with the
11 Commercial (COMM) Future Land Use Map designation and is consistent
12 with the respective density and intensity standards as set forth in Policy 00
13 101.5.25;
14 b. The Commercial 1 (Cl) Land Use (Zoning) District is consistent with the
15 purpose of the Commercial (COMM)Future Land Use Map designation, as set
16 forth in Policy 101.5.8;
17 c. The proposed amendment is not inconsistent with the Key Largo Livable
18 CommuniKeys Plan; and
19 3. The proposed map amendment is not inconsistent with the Principles for Guiding
20 Development in the Florida Keys Area of Critical State Concern;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
24
25 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows:
26 -
27 A portion of the property located at 100 Anchor Drive, Key Largo having Parcel
28 ID numbers 00572797-003600 and 00572797-003603 is changed from Native Area
29 (NA), Park and Refuge (PR) and Suburban Commercial (SC) to Commercial 1
30 (C1), as shown on Exhibit 1, attached hereto and incorporated herein.
31
32 This Land Use District (Zoning) map amendment is contingent on adoption and
33 effectiveness of the corresponding FLUM amendment from Recreation (R), Mixed ..
34 Use/Commercial (MC) and Conservation (C) to Commercial (COMM). a
35
36 Section 2. SeverabiIitV. If any section, subsection, sentence, clause, item, change, or
37 provision of this ordinance is held invalid, the remainder of this ordinance shall not
38 be affected by such validity.
39
40 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
41 conflict with this ordinance are hereby repealed to the extent of said conflict.
42
Ordinance -2019
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1, Section 4. Filmm and Effective Date. This ordinance shall be filed in the Office of the
2 Secretary of the State of Florida and shall become effective as, provided by law,
3
4 Section 5. Inclusion on the Monroe County Code's Official Land Use DisjEjK a a The
5 provisions of this Ordinance shall be included and incorporated on to the Official
6 Land Use District Map of Monroe County.
7
8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
9 at a regular meeting held on the day of 2019.
10
00
I I Mayor Sylvia Murphy, District 5
12 Mayor Pro Terri Danny L. Kolhage, District I
13 Commissioner Michelle Coldiron, District 2
14 Commissioner Heather Carruthers, District 3
0
15 Commissioner David Rice, District 4
16
17 BOARD OF COUNTY COMMISSIONERS
COUr
18 OF MONROE NTY, FLORIDA E
19
20 BY
21 Mayor Sylvia Murphy
0
22
23 (SEAL)
24
25 ATTEST: KEVIN MADOK, CLERK
26
27
28 DEPUTY CLERK y
0
HEY
0
E
Ordinance -20 19
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1 Packet Pg. 1598
Exhibit 1 to Ordinance# -2019
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EASTA LL KE RD
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,00572797-003603
00572797-003600
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I,
The Monroe County Land Use District is amended
as indicated above.
Land Use District change of a portion of two parcels of land in Ocean Reef having Real Estate Numbers 00572797-003600 and
00572797-003603 from Native Area(NA), Park and Refuge(PR)and Suburban Commercial(SC)
to Commercial 1 (Cl) N
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