Item P1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Division: Growth Management
Bulk Item: Yes No X_ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley—289-2500
AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending the Land Use District (Zoning)
Map from Recreation Vehicle (RV) to Suburban Commercial (SC), for property described as a parcel of land in Section
14, Township 62 South, Range 38 East,Key Largo,Monroe County, Florida having real estate number 00088840.000000.
(QUASI-JUDICIAL—STANDARD OF REVIEW)
ITEM BACKGROUND: The applicant has owned and operated a commercial business at 94775 Overseas Highway
since 1984 (Scaffolds of Florida). Prior to the 1986 adoption of the County's current Land Development Regulations and
the associated Official Land Use District Map, the subject property was within a BU-2 district(Medium Business). It was
deemed lawfully nonconforming in 1986 when the county included the property within a Recreational Vehicle land use
district.
The property may have been inadvertently included in the Recreational Vehicle land use district following an assumption
that it was part of, or associated with, the neighboring Key Largo Ocean Resorts property, which was developed as a
RV/mobile home park. The subject property has a Mixed Use/Commercial Future Land Use Map designation in which the
existing office/commercial use is a conforming use. The applicant has requested a Suburban Commercial land use district
designation. The Suburban Commercial designation would eliminate the nonconformity and be consistent with the Mixed
Use/Commercial Future Land Use Map designation.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
1
2
5 '�t
7 _
8
9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. -2013
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS APPROVING THE REQUEST BY R
15 & M LAND HOLDINGS, INC. TO AMEND THE LAND USE
16 DISTRICT MAP DESIGNATION FROM RECREATIONAL
17 VEHICLE (RV) TO SUBURBAN COMMERCIAL (SC), FOR
18 PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION
19 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO,
20 MONROE COUNTY, FLORIDA HAVING REAL ESTATE
21 NUMBER 00088840.000000.
22
23 WHEREAS, the property owner R & M Land Holdings Incorporated, filed an application to
24 amend the Land Use District (Zoning) Map designation from Recreational Vehicle (RV) to
25 Suburban Commercial (SC) in accordance with §102-158 of the Monroe County Code (MCC);
26 and
27
28 WHEREAS, the subject property is located at 94775 Overseas Highway in Key Largo,
29 approximate Mile Mark 95, and is legally described as a parcel of land in Section 14, Township
30 62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number
31 00088840.000000; and
32
33 WHEREAS, during a regularly scheduled meeting held on May 28, 2013, the Monroe County
34 Development Review Committee reviewed this ordinance and recommended approval to the
35 Board of County Commissioners in Resolution#DRC 05-13; and
36
37 WHEREAS, during a regularly scheduled public hearing held on May 29, 2013, the Monroe
38 County Planning Commission reviewed this ordinance and recommended approval to the Board
39 of County Commissioners in Resolution#P20-13; and
40
41 WHEREAS, based upon the evidence presented and documentation submitted, the Board makes
42 the following Findings of Fact:
43
44 1. In 1986, as part of a county-wide rezoning, the land use district designation of the subject
45 property was amended to Recreational Vehicle (RV).
46
Page 1 of 4
1 2. With the 1997 adoption of the Future Land Use Map, the subject property was given a
2 designation of Mixed/Use Commercial(MC).
3
4 3. MCC Sec. 102-158 states that map amendments are not intended to relieve particular
5 hardships, nor to confer special privileges or rights on any person, nor to permit a change in
6 community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan,but
7 only to make necessary adjustments in light of changed conditions.
8
9 4. MCC Sec. 102-158(d)(5)(b) provides the following factors for consideration, one or more or
10 which must be met for a map amendment:
11
12 a. Changed projections (e.g., regarding public service needs) from those on which
13 the text or boundary was based; and/or
14 b. Changed assumptions (e.g.,regarding demographic trends); and/or
15 c. Data errors, including errors in mapping, vegetative types and natural features
16 described in volume I of the plan; and/or
17 d. New issues; and/or
18 e. Recognition of a need for additional detail or comprehensiveness; and/or
19 f. Data updates; and/or
20 g. For FLUM changes, the principles for guiding development as defined in the
21 Florida Statutes relating to changes to the comprehensive plan.
22
23 5. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
24 with the provisions and intent of the Monroe County Comprehensive Plan.
25
26 6. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
27 with the Principles for Guiding Development in the Florida Keys Area of Critical State
28 Concern.
29
30 and
31
32 WHEREAS, based upon the information and documentation submitted, the Board of County
33 Commissioners makes the following Conclusions of Law:
34
35 1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
36
37 a. The existing use of the property is consistent with the purpose of the Suburban
38 Commercial (SC) district, as set forth in §130-43 of the Monroe County Code; and
39 b. The existing use of the property is permitted as a minor conditional use in the Suburban
40 Commercial (SC) district, as set forth in §130-93 of the Monroe County Code; and
41 c. As required by §102-158 of the Monroe County Code, the proposed map amendment
42 shall not relieve particular hardships, nor confer special privileges or rights on any
43 person, nor permit a change in community character, as analyzed in the Monroe County
44 Year 2010 Comprehensive Plan; and
45 d. The proposed map amendment meets three (3) of the factors set forth in §102-
46 158(d)(5)(b) of the Monroe County Code: 1) Changed assumptions; a moratorium on new
Page 2 of 4
I transient residential units including spaces for parking a recreational vehicle is in effect
2 until 2014, 2) Data errors; the property may have been inadvertently associated with, the
3 neighboring Key Largo Ocean Resorts property, and 3) New issues; the Tavernier
4 CommuniKeys plan gives staff new direction on how to approach and review map
5 amendment applications that eliminate nonconformities.
6
7 and
8
9 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
10 County Year 2010 Comprehensive Plan:
11
12 a. The existing use of the property is consistent with the purpose of the Mixed/Use
13 Commercial (MC) Future Land Use Map (FLUM) designation, as set forth in Policy
14 101.4.5; and
15 b. The Suburban Commercial (SC) district designation corresponds to the Future Land Use
16 Map (FLUM) designation of Mixed/Use Commercial (MC), as set forth in Policy
17 101.4.21.
18
19 and
20
21 3. The proposed map amendment is not inconsistent with the Principles for Guiding
22 Development for the Florida Keys Area of Critical State Concern.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
25 COUNTY COMMISSIONERS:
26
27 Section 1.
28
29 The Board specifically adopts the findings of fact and conclusions of law stated above.
30
31 Section 2.
32
33 The previously described property, which is currently designated as Recreational Vehicle (RV)
34 shall be designated Suburban Commercial (SC) as shown on the attached map, which is hereby
35 incorporated by reference and attached as Exhibit 1.
36
37 Section 3.
38
39 The Official Land Use District Map of Monroe County shall be amended as delineated in Section
40 2 above.
41
42 Section 4. Severability.
43
44 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
45 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
46 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
Page 3 of 4
I confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
2 involved in the controversy in which such judgment or decree shall be rendered.
3
4 Section 5. Conflicting Provisions.
5 In the case of direct conflict between any provision of this ordinance and a portion or provision
6 of any appropriate federal, state, or county law, rule code or regulation, the more restrictive shall
7 apply.
8
9 Section 6. Transmittal.
10
11 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by
12 F.S. 380.05 (6) and F.S. 380.0552(9).
13
14 Section 7. Filing.
15
16 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
17 become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
18 Land Planning Agency or Administration Commission approving the ordinance, and if the final
19 order is challenged, until the challenge to the order is resolved pursuant to Chapter 120 of the
20 Florida Statutes.
21
22 Section 8. Inclusion on the Monroe County Official Land Use District Man.
23
24 The provisions of this Ordinance shall be included and incorporated on to the Official Land Use
25 District Map of Monroe County.
26
27 Section 9. Effective Date.
28
29 This ordinance shall become effective as provided by law and stated above.
30
31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
32 at a regular meeting held on the day of 92013.
33
34 Mayor George Neugent
35 Mayor Pro Tem Heather Carruthers
36 Commissioner Danny Kolhage
37 Commissioner Sylvia Murphy
38 Commissioner David Rice
39
40 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
41
42 Attest: Amy Heavilin, Clerk
43
44
45 By By
46 Deputy Clerk Mayor George Neugent
tC' 'ICY ATTORNEY
S TO F RM
Date: Page 4 of 4
Exhibit 1 to Ordinance# -2013
`./ J 95 { ♦\ i ' l� ' /x ` /
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4Q ♦' , ,max//xr `••yQ�j �\ \
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Y
The Monroe County Land Use Distrct Map is amended
as indicated above.
Proposal: Land Use District change of one parcel of land in Key Largo having Real Estate Number 00088840-000000
from Recreational Vehicle(RV) to Suburban Commercial(SC) N
,
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: The Monroe County Board of County Commissioners (BOCC)
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Matt Coyle, Planner
Date: July 22, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING AN AMENDMENT TO THE LAND USE
DISTRICT MAP AMENDING THE LAND USE DISTRICT MAP DESIGNATION
FROM RECREATIONAL VEHICLE (RV) TO SUBURBAN COMMERCIAL (SC),
FOR PROPERTY LEGALLY DESCRIBED AS A PARCEL OF LAND IN
SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00088840.000000.
Meeting: August 2013
1
2 I REQUEST
3
4 The property owner is requesting that the Land Use District designation of the subject
5 propert be amended from Recreational Vehicle(RV)to Suburban Commercial (SC).
6
7
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10
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13
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Page 1 of 12 Subject Property(Aerial 2012)
WAGROWTH MANAGEMENT�GeolUpper Keys1093 to 098 Key Largo�US 1\94775 US JM Scaffolds\20130722 94775 US KL RE00088840
LUD Map Amd BOCC SR726.docx
I Address: 94775 Overseas Highway (US 1), Key Largo, approximate mile marker 95
2 (Atlantic Ocean side of US 1)
3 Legal Description: A Parcel of Land in Section 14, Township 62 South, Range 38 East,
4 Key Largo, Monroe County, Florida
5 Real Estate Number: 00088840.000000
6 Applicant:
7 Property Owner: R&M Land Holdings, Inc.
8 Agent: N/A
9
10 II BACKGROUND INFORMATION:
11
12 A. Size of Site: 0.62 acres
13 B. Land Use District: Recreation Vehicle(RV)
14 C. Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC)
15 D. Tier Designation: Tier 3
16 E. Existing Use: Office/Commercial Retail
17 F. Existing Vegetation/Habitat: Predominately scarified with small area of hammock to the
18 rear of the building and landscaping along the property lines
19 G. Community Character of Immediate Vicinity: Commercial Retail, Office and Residential
20 H. Flood Zone: AE-EL 7 and AE-EL 8
21
22 III RELEVANT PRIOR COUNTY ACTIONS:
23
24 On June 14, 1984, the Monroe County Building Department issued Building Permit #C-
25 15260 approving the construction of the existing building. A certificate of occupancy was
26 issued on December 12, 1984.
27
28 Prior to the 1986 adoption of the county's current land development regulations and the
29 associated Official Land Use District Map, the subject property was within a BU-2 district
30 (Medium Business).
31
32 In 1986, as part of a county-wide rezoning, the subject property was designated within the
33 RV land use district on the Official Land Use District Map. Note: the final map was officially
34 adopted in 1992.
35
36 In the mid-1990s, the subject property was given a Future Land Use Map (FLUM)
37 designation of MC with the adoption of the future land use maps.
38
39 On February 8, 2013, the Monroe County Planning & Environmental Resources Department
40 issued a Letter of Understanding regarding the subject property. In the letter, the planning
41 director determined that the existing office/commercial retail use was lawfully established by
42 Building Permit #C-15260 and that the use was subsequently deemed lawfully
43 nonconforming by the final adoption of the Official Land Use District Map. In addition, the
44 letter waived the application fee associated with this map amendment application pursuant to
Page 2 of 12
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LUD Map Amd BOCC SR726.docx
I the Planning & Environmental Resources Department's fee schedule. The fee schedule
2 allows the fee to be waived by the planning director if a) the property owner provides
3 satisfactory evidence that the use was lawful and unintentionally deemed nonconforming by
4 the adoption of the Official Land Use District Map and b) the proposed land use district (of
5 which is chosen by the property owner, not staff) eliminates the nonconformity and would
6 not create an adverse effect on the community.
7
8 The application was heard at the DRC meeting on May 28, 2013. Staff recommended
9 approval to the BOCC in Resolution#DRC 05-13.
10
11 The application was heard by the Planning Commission at a public hearing on May 29, 2013.
12 The Planning Commission voted unanimously to recommend approval to the BOCC in
13 Resolution#P20-13.
14
15 IV REVIEW OF APPLICATION:
16
17 The existing office/commercial retail use is a lawful nonconforming use that has been
18 continuously in existence on the subject property since 1984. It was deemed lawfully
19 nonconforming in 1986 when the county included the property within the RV land use
20 district. The existing office/commercial use is a conforming use within the MC future land
21 use category.
22
23 After a review of the county's records, staff has concluded that there have never been any
24 recreational vehicles located on the property. The property may have been inadvertently
25 included in the RV land use district following an assumption that it was part of, or associated
26 with, the neighboring Key Largo Ocean Resorts property, which was developed with a
27 RV/mobile home park in 1986.
28
29 The applicant has requested a SC land use district designation. The SC designation would
30 eliminate the nonconformity.
31
32 Note: On some documents, the subject property is incorrectly shown as having an Urban
33 Residential Mobile Home (URM) land use district designation and Residential High (RH)
34 future land use category. Following a review of the records, it was found that the GIS
35 database was incorrectly modified for the subject property following the adoption of
36 Ordinances #023-2004 and #024-2004 in 2004. Ordinance #023-2004 amended the FLUM
37 designation of the contiguous property, Key Largo Ocean Resort, from MC to RH.
38 Ordinance #024-2004 amended the LUD designation of the contiguous property, Key Largo
39 Ocean Resort, from IS and RV to URM. Although the subject property and the Key Largo
40 Ocean Resort property are contiguous and shared the same LUD/FLUM designations, the
41 legal descriptions provided in the ordinances, as well as their advertising, did not include the
42 subject property or a reference to RE #00088840.000000. However, for unknown reasons,
43 the errata maps prepared for the ordinances incorrectly showed the amendments affecting the
44 subject property.
45
Page 3 of 12
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LUD Map Amd BOCC SR726 docx
I Consistency of the proposed amendment with the provisions and intent of the Monroe County
2 Year 2010 Comprehensive Plan:
3
4 Pursuant to Monroe County Comprehensive Plan Policy 101.4.21, the SC land use district is
5 a consistent district with the MC future land use category. As such, the applicant has not
6 requested an amendment to the FLUM.
7
8 Staff has determined that the proposed map amendment is consistent with the provisions and
9 intent of the Year 2010 Comprehensive Plan, in particular Objective 101.4, Policy 101.4.5
10 and Policy 101.4.21.
11
12 Objectives and Policies from the Plan that directly pertain to the proposed amendment
13 include:
14
15 Objective 101.4: Monroe County shall regulate future development and redevelopment
16 to maintain the character of the community and protect the natural resource by providing
17 for the compatible distribution of land uses consistent with the designations shown on the
18 Future Land Use Map.
19
20 Policy 101.4.S: The principal purpose of the Mixed Use/Commercial land use category is
21 to provide for the establishment of commercial land use (zoning) districts where various
22 types of commercial retail and office may be permitted at intensities which are consistent
23 with the community character and the natural environment. Employee housing and
24 commercial apartments are also permitted. In addition, Mixed Use/Commercial land use
25 districts are to establish and conserve areas of mixed uses, which may include maritime
26 industry, light industrial uses, commercial fishing, transient and permanent residential,
27 institutional,public, and commercial retail uses.
28
29 This land use category is also intended to allow for the establishment of mixed use
30 development patterns, where appropriate. Various types of residential and non-residential
31 uses may be permitted; however, heavy industrial uses and similarly incompatible uses
32 shall be prohibited. The County shall continue to take a proactive role in encouraging the
33 maintenance and enhancement of community character and recreational and commercial
34 working waterfronts.
35 In order to protect environmentally sensitive lands, the following development controls
36 shall apply to all hammocks, pinelands, and disturbed wetlands within this land use
37 category:
38 1. only low intensity commercial uses shall be allowed;
39 2. a maximum floor area ratio of 0.10 shall apply; and
40 3. maximum net residential density shall be zero.
41
42 Policy 101.4.21: Monroe County hereby adopts the following density and intensity
43 standards for the future land use categories, which are shown on the Future Land Use
44 Map and described in Policies 101.4.1 - 101.4.17:
45
Page 4 of 12
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1
Future Land Use Densities and Intensities
Future Land Use Category Allocated Density Maximum Net Maximum Intensity
And Corresponding Zoning (per acre) Density (floor area ratio)
(per buildable
acre
Mixed Use/Commercial(MC)(g)0) 1-6 du 2-18 du 0.10-0.45(SC,UC,
(SC,UC,DR,RV,MU and 5-15 10-25 DR,RV,and MU
MI zoning) rooms/spaces rooms/spaces zoning)
1 du MI zoning) 2 du MI zoning) 0.30-0.60 MI zoning)
Notes:
(g)For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/
Commercial and Mixed Use/Commercial Fishing land use categories,the floor area ratio shall be 0.10
and the maximum net residential density bonuses not apply.
0)A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the
MC future land use category. Working waterfront and water dependent uses,such as marina,fish
house/market,boat repair,boat building,boat storage,or other similar uses,shall comprise a minimum
of 35%of the upland area of the property,pursuant to Policy 101.4.5.
2
3 Consistency of the proposed amendment with the provisions and intent of the Tavernier
4 CommuniKeys Plan:
5
6 The subject property is within the boundaries of Tavernier, as set forth in the Livable
7 CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97, dated February 11, 2005
8 and adopted by the BOCC on February 16, 2005. The term Strategies in the Master Plan is
9 equivalent to the term Objective in the Comprehensive Plan and the term Action Item is
10 equivalent to the term Policy; the meanings and requirements for implementation are
11 synonymous.
12
13 Staff has determined that the proposed map amendment is consistent with the provisions and
14 intent of the Tavernier CommuniKeys Plan. Of importance to this application, an analysis of
15 need within the plan(page 59) states "There are non-residential uses and structures within the
16 planning area that are inappropriately classified in regard to land use designation. These
17 buildings often contribute to the character and economic vitality of the planning area and
18 need to be evaluated to determine if the land use designation should be changed. As a result
19 of the non-conforming status, material improvements or enlargements to the site is extremely
20 difficult to make, thus the structure is not improved and many times left vacant. This
21 discourages redevelopment of existing commercial buildings."
22
23 Action items from the plan that directly pertain to the proposed amendment include:
24
25 Action Item 1.3.1: Promote community character, establish conformance and resolve land
26 use issues by identifying and changing the land use designation on parcels of land
27 containing non-conforming uses and rezone as appropriate.
Page 5 of 12
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LUD Map Amd BOCC SR726.docx
I Action Item 7.3.1: Examine and revise, where appropriate, the existing regulations
2 regarding nonconforming uses and structures to encourage redevelopment of existing
3 properties consistent with the Corridor Enhancement Plan and community vision.
4
5 The SC land use district is consistent with Action Items 1.3.1 and 7.3.1.
6
7 Consistency of the proposed amendment with the provisions and intent of the Monroe County
8 Code:
9
10 In accordance with MCC§ 102-158(d)(5), the BOCC may consider the adoption of an
11 ordinance enacting the proposed change based on one or more of the following factors:
12
13 1. Changed projections (e.g., regarding public service needs)from those on which the text
14 or boundary was based:
15
16 Staff has not identified any changed projections from those on which the boundary was
17 based that would necessitate the amendment of the subject property's land use district
18 from RV to SC.
19
20 2. Changed assumptions (e.g., regarding demographic trends):
21
22 There has never been a RV park on the property nor any approved residential use. The
23 property may have been inadvertently included in the RV land use district following an
24 assumption that it was part of, or associated with, the neighboring Key Largo Ocean
25 Resorts property, which was developed with a RV/mobile home park.
26
27 In any event, if the RV designation was intentionally provided in 1986, the County has
28 modified its regulations significantly since that time to limit the establishment new
29 residential dwelling units, most notably by the institution of the Residential Rate of
30 Growth Ordinance (ROGO) permit allocation system in 1992. Further, the County has
31 had a moratorium since the late 1990s related to prohibiting the establishment of new
32 transient residential units via the ROGO system (MCC §138-23 and Policy 101.2.6).
33 Currently, Policy 101.2.6 states Monroe County shall prohibit new transient residential
34 units including hotel or motel rooms, campground spaces, or spaces for parking a
35 recreational vehicle or travel trailer until May 1, 2014.
36
37 Since new transient residential units are currently unavailable the only way the property
38 owner could redevelop the property with a conforming use in the form of a RV park
39 would be to transfer ROGO exemptions (TRES) associated with lawful transient
40 residential units from another site. The property owner would have to find a third party
41 in the Upper Keys ROGO subarea willing to provide their rights or the property owner
42 would have to purchase another site with transient residential units and transfer some or
43 all of the TRES offsite. Recreational vehicle spaces are permitted as of right but the
44 property owner would have to find available TRES before they could approach the
45 County with redevelopment plans.
Page 6 of 12
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1 3. Data errors, including errors in mapping, vegetative types and natural features described
2 in Volume I of the Year 2010 Comprehensive Plan:
3
4 As stated previously, there has never been a RV park on the property nor any approved
5 residential use. The property may have been inadvertently included in the RV land use
6 district following an assumption that it was part of, or associated with, the neighboring
7 Key Largo Ocean Resorts property,which was developed with a RV/mobile home park.
8
9 4. New issues:
10
11 The Tavernier CommuniKeys Plan was adopted by the BOCC in 2005. Of importance to
12 this application, an analysis of need within the plan (page 59) states "There are non-
13 residential uses and structures within the planning area that are inappropriately classified
14 in regard to land use designation. These buildings often contribute to the character and
15 economic vitality of the planning area and need to be evaluated to determine if the land
16 use designation should be changed. As a result of the non-conforming status, material
17 improvements or enlargements to the site is extremely difficult to make, thus the structure
18 is not improved and many times left vacant. This discourages redevelopment of existing
19 commercial buildings."
20
21 This is a new direction for staff regarding how to approach and review map amendment
22 applications that eliminate nonconformities in the Tavernier area.
23
24 5. Recognition of a need for additional detail or comprehensiveness:
25
26 Staff has not identified any recognition of a need for additional detail or
27 comprehensiveness that would necessitate the amendment of the subject property's land
28 use district from RV to SC.
29
30 6. Data updates:
31
32 Staff has not identified any data updates that would necessitate the amendment of the
33 subject property's land use district from RV to SC.
34
35
36 7. For FLUM changes, the principles for guiding development as defined in the Florida
37 Statutes relating to changes to the comprehensive plan:
38
39 Not applicable.
40
41 Impact on Community Character:
42
43 MCC §102-158 maintains that map amendments are not intended to relieve particular
44 hardships, nor to confer special privileges or rights on any person, nor to permit a change in
Page 7 of 12
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I community character, as analyzed in the Year 2010 Comprehensive Plan, but only to make
2 necessary adjustments in light of changed conditions.
3
4 The community character of the area is derived from a mixture of uses, primarily residential
5 and commercial. As a result, the area is composed of several land use districts. Concerning
6 the immediate vicinity, to the northwest, across US 1 is a Suburban Residential (SR) district.
7 To the northeast, west, across Palm Avenue (with a partially undeveloped right-of-way), is an
8 Urban Residential Mobile Home (URM)district. To the south and southwest, is an Improved
9 Subdivision(IS) district. In addition, scattered throughout the area are other SC districts.
10
11 This application would allow a variety of nonresidential uses on the site. A commercial
12 retail/office use has been in existence since 1984. It is not anticipated that the future
13 development of the site will impact the existing character of the adjacent area.
14
15 Land Use District Purposes:
16
17 Pursuant to MCC §130-42, the purpose of the RV district is to establish areas suitable for the
18 development of destination resorts for recreational vehicles and other transient units such as
19 seasonal residential units.
20
21 Pursuant to MCC §130-43, the purpose of the SC district is to establish areas for commercial
22 uses designed and intended primarily to serve the needs of the immediate planning area in
23 which they are located. This district should be established at locations convenient and
24 accessible to residential areas without use of US 1.
25
26 After a review, staff has determined that the existing development on the site (commercial
27 retail/office), the size of the site (0.62 acres) and location of the site (adjacent to several
28 residential uses) are more compatible and consistent with the purpose of the proposed SC
29 district than the existing RV district.
30
31 Land Use District Permitted Uses:
32
33 Notable differences between the RV and SC districts are in italics:
34
35 MCC §130-92. Recreational vehicle district (RV):
36 (a) The following uses are permitted as of right in the RV district:
37 (1) Recreational vehicle spaces (provided criteria is met)
38 (2) Commercial retail uses of less than 2,500 square feet of floor area
39 (3) Accessory uses
40 (4) Commercial apartments (provided criteria is met)
41 (5) Vacation rental use of nonconforming dwelling units (provided criteria is met)
42 (6) Collocations on existing antenna-supporting structures
43 (7) Satellite earth stations less than two meters in diameter, as accessory uses
44
45 (b) The following use is permitted as a minor conditional use in the RV district:
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1 (1) Hotels providing less than 50 rooms (provided criteria is met)
2 (2) Attached or detached seasonal residential units (provided criteria is met)
3 (3) Parks and community parks
4 (4) Replacement of an existing antenna-supporting structure
5 (5) Attached wireless communications facilities, as accessory uses
6 (6) Stealth wireless communications facilities, as accessory uses
7 (7) Satellite earth stations greater than or equal to two (2) meters in diameter, as
8 accessory uses
9
10 (c) The following uses are permitted as major conditional uses in the RV district:
11 (1) Hotels providing 50 or more rooms (provided criteria is met)
12 (2) Marinas (provided criteria is met)
13 (3) Land use overlays, A, E, INS, PF
14 (4) Wastewater treatment facility and wastewater treatment collection systems(s)
15 serving (a) use located in any land use district(provided criteria is met)
16
17 MCC §130-93. Suburban commercial district (SC):
18
19 (a) The following uses are permitted as of right in the SC district:
20 (1) Commercial retail, low- and medium-intensity and office uses or any
21 combination thereof of less than 2,500 square feet of floor area
22 (2) Institutional residential uses, involving less than ten dwelling units or rooms
23 (3) Commercial apartments involving less than six dwelling units
24 (4) Commercial recreational uses (provided criteria is met)
25 (5) Institutional uses
26 (6) Public buildings and uses
27 (7) Accessory uses
28 (8) Storage areas (provided criteria is met)
29 (9) Vacation rental use of nonconforming dwelling units (provided criteria is met)
30 (10) Collocations on existing antenna-supporting structures
31 (11) Attached wireless communications facilities, as accessory uses
32 (12) Replacement of an existing antenna-supporting structure
33 (13) Stealth wireless communications facilities, as accessory uses
34 (14) Satellite earth stations, as accessory uses
35 (15) Attached and unattached residential dwellings involving less than six units,
36 designated as employee housing (provided criteria is met)
37 (16) Wastewater nutrient reduction cluster systems that serve less than ten residences
38
39 (b) The following uses are permitted as minor conditional uses in the SC district:
40 (1) Commercial retail, low- and medium-intensity and office uses or any combination
41 thereof of greater than 2,500 but less than 10,000 square feet of floor area
42 (provided criteria is met)
43 (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor
44 area(provided criteria is met)
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1 (3) Institutional residential uses involving ten to 20 dwelling units or rooms (provided
2 criteria is met)
3 (4) Commercial apartments involving six to 18 dwelling units (provided criteria is
4 met)
5 (5) Hotels of fewer than 25 rooms (provided criteria is met)
6 (6) Campgrounds (provided criteria is met)
7 (7) Light industrial uses (provided criteria is met)
8 (8) Parks and community parks
9 (9) Attached and unattached residential dwellings involving six to 18 units,
10 designated as employee housing(provided criteria is met)
11
12 (c) The following uses are permitted as major conditional uses in the SC district:
13 (1) Commercial retail of low- and medium-intensity and office uses or any
14 combination thereof greater than 10,000 square feet in floor area (provided
15 criteria is met)
16 (2) Commercial retail uses of high intensity greater than 2,500 square feet in floor
17 area (provided criteria is met)
18 (3) Institutional residential uses involving 20 or more dwelling units or rooms
19 (provided criteria is met)
20 (4) Hotels providing 25 or more rooms (provided criteria is met)
21 (5) Marinas (provided criteria is met)
22 (6) Mariculture (provided criteria is met)
23 (7) Heliports or seaplane ports (provided criteria is met)
24 (8) New antenna-supporting structures
25 (9) Land use overlays A, E, PF
26 (10) Attached and unattached residential dwellings involving more than 18
27 units, designated as employee housing(provided criteria is met)
28
29 Land Use Intensities:
30
31 Note: As the applicant is not requesting a FLUM amendment and both the RV and SC
32 districts are consistent with the MC future land use category, the maximum residential
33 densities and nonresidential intensities as permitted by the Comprehensive Plan shall not be
34 affected.
35
MCC §130-157. Maximum residential density
Land Use District Allocated Density Maximum Net Density Open Space
units/acre units/buildable acre Ratio
RV 0* 0* 0.2
Sc 3 6 0.2
3 (employee) 18 (employee
36
37
38
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Using the highest maximum net density available for each distnct
Size of Site Max Allowed
RV 0* 0.62 acres 0.50 buildable acres 3 units*
SC 18 0.62 acres 0.50 buildable acres 9 units
1 * Note: Although there is no allocated density in the RV district, pursuant to MCC §130-92,
2 commercial apartments are permitted. However, there shall be no more than one commercial
3 apartment unit per 3 RV spaces up to 10% of total spaces allowed or in existence. Pursuant to MCC
4 §130-162 there could be a maximum of 9 RV spaces allowed.
5
MCC §130-162. Maximum hotel-motel,recreational vehicle and institutional residential densities
Land Use District Allocated Density Maximum Net Density Open Space
units/acre units/buildable acre Ratio
RV 15 RV and hotel 15 RV and hotel 0.0
SC 10 hotel 15 hotel 0.0
5 institutional 20 institutional
10 RV 10 RV
6
Using the highest maximum net density available for each district
Size of Site Max Allowed'
RV 15 0.62 acres 0.62 buildable acres 9 units
SC 20 0.62 acres(0.62 buildable acres) 12 units
MCC §130-164. Maximum'nonresidential land use intensities
Land Use Floor Area Ratio Open Space Ratio
District
RV The maximum per lot stated in article III of the Land 0.20
Development Code shall prevail.
SC 0.35 Retail Low 0.20
0.25 Retail Medium
0.35 Retail High)
0.40 Office
0.10 Recreational
0.30 Institutional
0.30(Public)
0.30 (Light Industrial
7
Usin the hi est maximum net floor area ratio available for each district
Size of Site Max Allowed'
RV n/a* 27,007 SF 2,500 SF*
SC 0.40 27,007 SF 10,802 SF
8 * The maximum per lot stated in article III of the Land Development Code shall prevail.
9
10
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I Using these standards, staff determined the following:
2
3 Maximum Net Change: Residential(Allocated): +1 potential dwelling unit
4 Residential(Max Net): +6 potential dwelling units
5 Transient(Allocated): -3 rooms/spaces
6 Transient(Max Net): +3 rooms/spaces
7 Nonresidential: +8,302 SF
8
9 V RECOMMENDATION:
10
11 Staff recommends APPROVAL to BOCC.
12
13
14
15 Enclosure
16 Development Review Committee Resolution
17 Planning Commission Resolution
18
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MONROE COUNTY,FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO.DRC 05-13
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY R & M
LAND HOLDINGS INC. TO AMEND THE LAND USE
DISTRICT MAP DESIGNATION FROM RECREATIONAL
VEHICLE (RV) TO SUBURBAN COMMERCIAL (SC), FOR
PROPERTY LEGALLY DESCRIBED AS A PARCEL OF LAND
IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST,
KEY LARGO,MONROE COUNTY,FLORIDA HAVING REAL
ESTATE NUMBER 00088840.000000.
WHEREAS, during a regularly scheduled meeting held on May 28, 2013, the
Development Review Committee (DRC) of Monroe County conducted a review and
consideration of a request filed by R & M Land Holdings Inc. to amend the subject property's
Land Use District Map designation from Recreational Vehicle (RV) to Suburban Commercial
(SC)in accordance with §102-158 of the Monroe County Code; and
WHEREAS, the subject property is located at 94775 Overseas Highway in Key Largo,
approximate Mile Mark 95, and is legally described as a parcel of land in Section 14, Township
62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number
00088840.000000; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
1. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Code; and
Resolution#DRC 05-13
File#2013-042 Page 1 of 2
3. The proposed map amendment is consistent with the Tavernier Livable
CommuniKeys Plan; and
4. The proposed map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the May 28, 2013 meeting supports the Chair's decision to
recommend approval to the Board of County Commissioners.
Date
Townsley Sc :rPlanning
eve meat R ew Committee Chair and
Senior Director and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid,to take acknowledgments, personally appeared Townsley Schwab,to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
2013.
NOTARY PUBLIC,STATE OF FL RIDA
ANDREA GAIL CREECH
Notary PW*-State o1 iW
L• My Comm.Exphu On 18.2014
Commtaeiea/EE 4061
Bonded Through NdMW Notary Ana.
Resolution#DRC 05-13
File#2013-042 Page 2 of 2
0
MONROE COUNTY,FLORIDA
PLANNING COMMISSION RESOLUTION NO.P20-13
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO THE LAND USE DISTRICT MAP
AMENDING THE LAND USE DISTRICT MAP DESIGNATION
FROM RECREATIONAL VEHICLE (RV) TO SUBURBAN
COMMERCIAL (SC), FOR PROPERTY LEGALLY
DESCRIBED AS A PARCEL OF LAND IN SECTION 14,
TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO,
MONROE COUNTY, FLORIDA HAVING REAL ESTATE
NUMBER 00088840.000000.
WHEREAS, during a scheduled public meeting held on May 29, 2013, the Monroe
County Planning Commission conducted a review and consideration of a request filed R & M
Land Holdings Inc. to amend the subject property's Land Use District Map designation from
Recreational Vehicle (RV) to Suburban Commercial (SC) in accordance with §102-158 of the
Monroe County Code;and
WHEREAS, the subject property is located at 94775 Overseas Highway in Key Largo,
approximate Mile Mark 95, and is legally described as a parcel of land in Section 14, Township
62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number
00088840.000000; and
WHEREAS, during a regularly scheduled meeting held on May 28, 2013, the Monroe
County Development Review Committee reviewed this ordinance and recommended approval to
the Board of County Commissioners;and
WHEREAS,the Planning Commission was presented with the following documents and
other information relevant to the request,which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Matthew Coyle,Planner,dated May 17,2013; and
2. Draft Ordinance; and
3. Sworn testimony of the applicant; and
4. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
Resolution 020-13
File#2013-042 Page 1 of 4
5. Advice and counsel of Susan Grimsley and Steve Williams,Assistant County
Attorneys, and John Wolfe,Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. Prior to the 1986 adoption of the county's current land development regulations and
their associated land use district maps,the subject property was within a BU-2 district
(Medium Business); and
2. In 1986, as part of a county-wide rezoning, the land use district designation of the
subject property was amended to Recreational Vehicle(RV);and
3. The subject property was subsequently given a Future Land Use Map designation of
Mixed/Use Commercial(MC)with the adoption of the future land use maps;and
4. On February 8, 2013, the Monroe County Planning & Environmental Resources
Department issued a Letter of Understanding regarding the subject property. In the
letter, the planning director determined that the existing office/commercial retail use
was lawfully established by Building Permit #C-15260 and that the use was
subsequently deemed lawfully nonconforming by the final adoption of the Official
Land Use District Map;and
5. §102-158 of the Monroe County Code maintains that map amendments are not
intended to relieve particular hardships, nor to confer special privileges or rights on
any person, nor to permit a change in community character, as analyzed in Monroe
County Year 2010 Comprehensive Plan, but only to make necessary adjustments in
light of changed conditions; and
6. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions(e.g.,regarding demographic trends);and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues;and/or
e. Recognition of a need for additional detail or comprehensiveness;and/or
£ Data updates; and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan;and
7. Map amendments shall be consistent with the policies of the Monroe County
Comprehensive Plan; and
Resolution 020-13
File#2013-042 Page 2 of 4
8. Map amendments shall be consistent 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 Law:
1. The existing officelcommercial retail use was lawfully established by Building Permit
#C-15260 and that the use was subsequently deemed lawfully nonconforming by the
final adoption of the Official Land Use District Map;and
2. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. The existing use of the property is consistent with the purpose of the Suburban
Commercial (SC) district, as set forth in §130-43 of the Monroe County Code;
and
b. The existing use of the property is permitted as a minor conditional use in the
Suburban Commercial(SC)district, as set forth in §130-93 of the Monroe County
Code;and
c. As required by §102-158 of the Monroe County Code, the proposed map
amendment shall not relieve particular hardships, nor confer special privileges or
rights on any person, nor permit a change in community character, as analyzed in
the Monroe County Year 2010 Comprehensive Plan; and
d. The proposed map amendment meets three (3) of the factors set forth in §102-
158(dx5)(b) of the Monroe County Code: 1) Changed assumptions, 2) Data
errors, and 3)New issues; and
3. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The existing use of the property is consistent with the purpose of the Mixed/Use
Commercial (MC) Future Land Use Map (FLUM) designation, as set forth in
Policy 101.4.5; and
b. The Suburban Commercial (SC) district designation corresponds to the Future
Land Use Map (FLUM)designation of Mixed/Use Commercial (MC), as set forth
in Policy 101.4.21; and
4. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
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 recommend approval to the Board of County Commissioners of the
application to amend the subject property's Land Use District designation from Recreational
Vehicle(RV)to Suburban Commercial(SC).
Resolution 020-13
File#2013-042 Page 3 of 4
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida,at a meeting held on the 29P of May,2013.
Chair Wiatt YES
Commissioner Hale YES
Commissioner Lustberg YES
Commissioner Miller YES
Commissioner Werling YES
PLANNING r ISSION OF O COUNTY,FLORIDA
BY
ill' Wiatt, Chair
Signed this day of 2013.
•M
Date: -
J
AGENMCLERIC
Resolution 020-13
File#2013-042 Page 4 of 4