Item P2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider a resolution transmitting to the State Land
Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the future
land use map of the Monroe County Year 2010 Comprehensive Plan from Mixed Use/Commercial (MC),
Residential Low (RL), and Residential Conservation (RC), to Industrial (I), Residential Conservation (RC), and
Conservation (C), for property located at 101075 and 101101 Overseas Highway, MM 101, Key Largo,
described as parcels of land within Section 27, Township 61 South, Range 39 East, on Key Largo, Monroe
County, Florida,having Real Estate Numbers 00087100.000500 and 00087190.000000.
(LEGISLATIVE—FAIRLY DEBATABLE STANDARD OF REVIEW)
ITEM BACKGROUND: The applicant, Paradise Pit, LLC, currently operates a light industrial business at
101075 and 101101 Overseas Highway in Key Largo. The subject property currently has Future Land Use Map
(FLUM) designations of Mixed Use/Commercial (MC), Residential Low (RL), and Residential Conservation
(RC). The property currently has Land Use District (LUD) designations of Suburban Commercial (SC),
Suburban Residential (SR), and Native Area (NA). The current regulations pertaining to permitted uses within
these FLUM categories and LUDs do not allow light industrial uses, and the current use is therefore considered
nonconforming to the provisions of the current Comprehensive Plan and Land Development Regulations. The
applicant is requesting a change to the FLUM designation in order to eliminate the nonconformity.
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning Agency,
the State Land Planning Agency will then review the proposed amendment and issue an Objections,
Recommendations and Comments (ORC) Report, addressing any issues with internal consistency, data and
analysis, or consistency with the statutes or the Principles for Guiding Development. Upon receipt of the ORC
report, the BOCC will have 180 days to adopt the amendments, adopt the amendments with changes or not
adopt the amendments.
PREVIOUS RELEVANT BOCC ACTION: Monroe County Resolution 4127-2012, adopted by the BOCC on
April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations that would eliminate the
nonconforming use created with the adoption of the existing designations and not create an adverse effect on the
community,provided the existing use existed lawfully in 1992 and 1997. This provision remains effective in the
current Planning &Environmental Resources Department's fee schedule (Resolution 4183-2013).
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy 101.4.20
discouraging private applications for future land use changes which increase allowable density/intensity, and
transmitted the ordinance to the State Land Planning Agency. This amendment was found in-compliance by the
State Land Planning Agency and became effective upon the issuance of DSO's Notice of Intent on November
20, 2012. The adopted policy states that its provisions are applicable only to private applications "received after
the effective date of this ordinance..." The Paradise Pit, LLC, FLUM application was received on October 22,
2012,prior to the effective date of the ordinance, and therefore is not subject to the discouragement policy.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Any X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM MIXED
USE/COMMERCIAL (MC), RESIDENTIAL LOW (RL), AND RESIDENTIAL
CONSERVATION (RC), TO INDUSTRIAL (I), RESIDENTIAL
CONSERVATION (RC), AND CONSERVATION (C) FOR PROPERTY
LOCATED AT 101075 AND 101101 OVERSEAS HIGHWAY, MM 101, KEY
LARGO, DESCRIBED AS TWO (2) PARCELS OF LAND WITHIN SECTION 27,
TOWNSHIP 61 SOUTH, RANGE 39 EAST, ON KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00087100.000500
AND 00087190.000000.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in F.S. Sec.163.3184(4) to the State Land Planning Agency for objections ,
recommendations and comments, and to the other Reviewing Agencies as defined in F.S. Sec.
163.3184(1)(c), for review and comment on a proposed amendment to the Monroe County Year
2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the transmittal of the requested future land use map
amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for review of the
proposed future land use map amendment.
P. i of 2
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4),Florida Statutes.
Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 21st day of August, 2013.
Mayor George Neugent
Mayor Pro Tern Heather Carruthers
Commissioner David Rice
Commissioner Sylvia Murphy
Commissioner Danny Kolhage
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
BY
Mayor George Neugent
Y'O,,4ROE COUNTY 770 E'�
APP OV�AS TO FORM
(SEAL) . GI SLEY
SUS
ATTEST: Amy Heavilin, Clerk ASSIST T c U�tTv C) Y
Deputy Clerk
P.2of2
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6
7 ORDINANCE - 2013
8
9
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING THE FUTURE
13 LAND USE MAP OF THE MONROE COUNTY YEAR 2010
14 COMPREHENSIVE PLAN FROM MIXED USE/
15 COMMERCIAL (MC), RESIDENTIAL LOW (RL), AND
16 RESIDENTIAL CONSERVATION (RC), TO INDUSTRIAL
17 (I), RESIDENTIAL CONSERVATION (RC), AND
18 CONSERVATION (C) FOR PROPERTY LOCATED AT
19 101075 AND 101101 OVERSEAS HIGHWAY, MM 101, KEY
20 LARGO, DESCRIBED AS PARCELS OF LAND WITHIN
21 SECTION 27, TOWNSHIP 61 SOUTH, RANGE 39 EAST, ON
22 KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
23 REAL ESTATE NUMBERS 00087100.000500 AND
24 00087190.000000.
25
26
27 WHEREAS, an application was filed by Paradise Pit, LLC on October 22, 2012, to amend the
28 Future Land Use Map (FLUM) designation from Mixed Use/Commercial (MC), Residential Low
29 (RL), and Residential Conservation (RC) to Industrial (1), Residential Conservation (RC), and
30 Conservation (C) for property legally described as parcels of land within Section 27, Township 61
31 South, Range 39 East, on Key Largo, Monroe County Florida, having real estate numbers
32 00087190.000000 and 00087100.000500; and
33
34 WHEREAS,Paradise Pit, LLC, operates a light industrial business at the subject property with
35 current FLUM designations of MC, RL, and RC which do not allow light industrial uses, and the
36 current use is therefore considered nonconforming to the provisions of the current Comprehensive
37 Plan; and
38
39 WHEREAS, Paradise Pit, LLC, is requesting a change to the FLUM designation in order to
40 eliminate the nonconformity for the existing light industrial uses; and
41
42 WHEREAS, the Monroe County Development Review Committee considered the proposed
43 amendment at a regularly scheduled meeting held on the 26t'day of February, 2013; and
44
45 WHEREAS, at a regularly scheduled meeting held on the 27t' day of March, 2013, the Monroe
46 County Planning Commission held a public hearing for the purpose of considering the transmittal to
i
I the State Land Planning Agency, for review and comment, a proposed amendment to the Future
2 Land Use Map of the Monroe County Year 2010 Comprehensive Plan; and
3
4 WHEREAS,the Monroe County Planning Commission made the following findings:
5
6 1. The proposed FLUM is not anticipated to adversely impact the community character of the
7 surrounding area.
8
9 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
10 adopted Level of Service.
11
12 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 Monroe County Year 2010 Comprehensive Plan.
14
15 4. The proposed amendment is consistent with the Key Largo Community Master Plan.
16
17 5. The proposed amendment is consistent with the Principles for Guiding Development for
18 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute.
19
20 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
21
22 WHEREAS, at a regularly scheduled meeting held on 21 st day of August, 2013, the Monroe
23 County Board of County Commissioners held a public hearing to consider the transmittal of the
24 proposed amendment; and
25
26 WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land Use
27 Map was reviewed by the State Land Planning Agency which issued an Objections,
28 Recommendations, and Comments (ORC) Report on with no comments or issues
29 relative to this amendment;
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
33
34 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
35 amended as follows:
36
37 The property described as parcels of land within Section 27, Township 61 South,
38 Range 39 East, on Key Largo, Monroe County Florida, having real estate numbers
39 00087190.000000 and 00087100.000500 is changed from Mixed
40 Use/Commercial (MC), Residential Low (RL), and Residential Conservation
41 (RC) to Industrial (1), Residential Conservation (RC), and Conservation (C) as
42 shown on Exhibit 1, attached hereto and incorporated herein.
43
2
I Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
2 provision of this ordinance is held invalid, the remainder of this ordinance shall
3 not be affected by such validity.
4
5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
6 conflict with this ordinance are hereby repealed to the extent of said conflict.
7
8 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
9 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
10 Statutes.
11
12 Section 5. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
13 secretary of the State of Florida but shall not become effective until a notice is
14 issued by the State Land Planning Agency or Administration Commission
15 finding the amendment in compliance, and if challenged until such challenge is
16 resolved pursuant to Chapter 120, Florida Statutes.
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
19 at a regular meeting held on the day of , 2013.
20
21 Mayor George Neugent
22 Mayor Pro Tem Heather Carruthers
23 Commissioner David Rice
24 Commissioner Sylvia Murphy
25 Commissioner Danny Kolhage
26
27
28 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
29
30
31 BY
32 Mayor George Neugent
33
34
35
36
37 (SEAL)
38
39 ATTEST: Amy Heavilin, Clerk
40
41
42
43 Deputy Clerk
44
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Mayte Santamaria, Assistant Director of Planning
Emily Schemper, Senior Planner
Date: July 25, 2013
Subject: Request by Paradise Pit, LLC to amend the Comprehensive Plan Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from Mixed
Use/Commercial (MC), Residential Low (RL), and Residential Conservation
(RC) to Industrial (I), Residential Conservation (RC), and Conservation (C) for
two (2) parcels in Key Largo having real estate numbers 00087190.000000 and
00087100.000500.
Meeting: August 21, 2013
I. REQUEST
Paradise Pit, LLC is requesting an amendment to the Comprehensive Plan Future Land Use
Map for two (2) parcels in Key Largo (having real estate numbers 00087190.000000 and
00087100.000500) from Mixed Use/Commercial (MC), Residential Low (RL), and
Residential Conservation (RC) to Industrial (1), Residential Conservation (RC), and
Conservation (C).
II. BACKGROUND INFORMATION
Paradise Pit Property:
Paradise Pit, LLC, operates a light industrial business at 101075 and 101101 Overseas
Highway in Key Largo. The subject property currently has Future Land Use Map (FLUM)
designations of Mixed Use/Commercial (MC), Residential Low (RL), and Residential
Conservation (RC). The property currently has Land Use District (LUD) designations of
Suburban Commercial (SC), Suburban Residential (SR), and Native Area (NA). The current
regulations pertaining to permitted uses within these FLUM categories and LUDs do not allow
light industrial uses, and the current use is therefore considered nonconforming to the
provisions of the current Comprehensive Plan and Land Development Regulations. The
applicant is requesting a change to the FLUM designation in order to eliminate the
nonconformity.
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File 42012-140
Historically, the parcel having RE400087190.000000 and the southwest portion of the parcel
having RE400087100.000500 were within a GU (General Use) zoning district. The remainder
of the parcel having RE400087100.000500 was within RU-5P (Mobile Home Park
Residential), RU-1 (Single Family Residential), and BU-2 (Medium Business) zoning
districts.
In 1986, the property was rezoned to its current land use districts (LUDs). The property is
primarily within a Suburban Residential (SR) land use district. A very small portion of the
parcel having RE400087100.000500 along US1 is within a Suburban Commercial (SC)
district, and an area of approximately 7 acres along the shoreline of both parcels is within a
Native Area(NA) district.
Below is the 1986 Existing Conditions Map of the area under consideration for the FLUM amendment:
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With the adoption of the Monroe County 2010 Comprehensive Plan's (Comprehensive Plan)
FLUM in 1997, the subject parcels were given their current FLUM designations: Mixed
Use/Commercial (MC), Residential Low (RL), and Residential Conservation (RC).
The existing light industrial use is located entirely within the portion of the site designated RL.
Policy 101.4.2 of the Comprehensive Plan, which describes the purpose of the RL FLUM
category, does not state that industrial uses are allowed; therefore, the existing light industrial
use is nonconforming to the current provisions of the Comprehensive Plan.
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File 42012-140
Industrial Uses & Mining:
Although at one time the site was used for resource extraction (considered a heavy industrial
use), there is no evidence that any mining activity currently takes place. Furthermore,
Development Order 421-90, signed by the Planning Director in 1990, required the closure and
restoration of the quarry on the site.
The applicant states that the existing use of the property is industrial, including equipment
maintenance and storage as well as material storage and handling for a local excavation and
batch concrete company. According to the Determination of Lawful Use letter dated
September 23, 2011 (detailed below), the Planning Department determined that the current
land use on the site is a"lawful and nonconforming light industrial use." Following a site visit,
Planning Department staff determined that "the business on site, known as Paradise Pit, uses
the site to mix cement, store equipment associated with the business, temporarily store fill
brought from other sites, and carry out office operations associated with the business."
Within the Upper Keys, there is currently no land with an Industrial FLUM designation.
According to the July 2011 Monroe County Technical Document, in the Upper Keys, existing
industrial land uses (based upon Property Appraiser's PC codes) make up only 40.6 acres, or
0.17% of the total Upper Keys area. Throughout unincorporated Monroe County, existing
industrial uses make up 455.6 acres, or 0.6% of the total land area (Lower Keys 414.8 acres,
Middle Keys 0.2 acres and Upper Keys 40.6 acres). Industrial uses include cement, rock and
gravel operations, light manufacturing and storage areas, and heavy industrial uses. Again,
industrial uses are heavily concentrated in the Lower Keys, with 91 percent distribution.
Lawful Nonconformity:
The current Planning & Environmental Resources Department's fee schedule (Resolution
4183-2013) includes a special provision for properties with certain nonconforming uses. The
BOCC first adopted this provision as an amendment to the fee schedule on April 18, 2012 by
Resolution 4127-2012. This resolution amended the Planning & Environmental Resources
Department's fee schedule to waive application fees for property owners applying for a LUD
map and/or FLUM amendment that eliminates a lawfully established nonconforming use
created with the final adoption of the LUD map and/or FLUM, and which does not create an
adverse effect on the community. To be exempt from the FLUM amendment application fee,
the property owner must provide satisfactory evidence that the existing use on the site also
existed lawfully in 1997 and was deemed nonconforming by final adoption of the FLUM.
On September 23, 2011, a Determination of Lawful Use letter was issued by the Planning
Department for the parcel having RE400087100.000500. As detailed in the letter, the Planning
Department determined that the light industrial uses taking place on scarified portions of the
site are lawful nonconforming light industrial uses and existed on the site as early as 1990.
On August 1, 2012, the Planning Department issued a Letter of Understanding for the parcel
having RE400087100.000500. This letter re-affirmed the lawful nonconforming status of the
light industrial use on scarified portions of the parcel. Furthermore, the Planning Department
determined that the light industrial use existed lawfully in 1997, and was therefore deemed
nonconforming by the final adoption of the FLUM. The letter also advised that an amendment
changing the FLUM category to either Mixed Use/Commercial (MC) or Industrial (1) would
eliminate the nonconformity, as either category would allow the existing light industrial uses.
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File 42012-140
Livable CommuniKevs Plan:
Comprehensive Plan Policy 101.20.1 states: "Monroe County shall develop a series of
Community Master Plans". These "CommuniKevs Plans" implement a vision that was
developed by the local community.
In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
CommuniKevs Master Plan into the Monroe County 2010 Comprehensive Plan. Action Item
1.3.2 within the Key Largo Livable CommuniKevs Master Plan states: "Revise the FLUM and
Land Use District Maps to resolve non-conformities in the planning area where appropriate."
The proposed FLUM amendment and associated LUD map amendment implement this Action
Item of the adopted Key Largo Livable CommuniKevs Master Plan.
III. PROPOSED AMENDMENT
The applicant is requesting an amendment to the Comprehensive Plan Future Land Use Map
for two (2) parcels in Key Largo (having real estate numbers 00087190.000000 and
00087100.000500) from Mixed Use/Commercial (MC), Residential Low (RL), and
Residential Conservation (RC) to Industrial (1), Residential Conservation (RC), and
Conservation (C). Existing and Proposed FLUM designations are shown on the following
page (subject parcels outlined in red).
At its regularly scheduled meeting on February 26, 2013, the Monroe County Development
Review Committee reviewed and discussed the proposed FLUM amendment. Following the
DRC's discussion and recommendation, the applicant agreed to reduce the area originally
proposed to be designated as Industrial by approximately 6.5 acres, instead proposing to
designate that land area as Residential Conservation. This revision reduced the potential
increase in residential development by approximately 5 dwelling units and nonresidential
development by approximately 143,000 square feet.
At a regularly scheduled meeting on March 27, 2013, the Planning Commission held a public
hearing to consider the proposed amendment (as revised after the DRC meeting) and based
upon the reduction of proposed Industrial FLUM area, recommended approval to the BOCC.
The applicant has now submitted a revised survey reflecting the exact change in acreage
associated with the revision presented to the Planning Commission.
All tables and calculations in this report are based on the acreages shown on the revised
survey.
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File 42012-140
Existing FLUM designations
Res[dept�al Hi h, Ms J1LlserCarrtrrterial
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0 11BMWsLt4 �Residential'F#igh
Residential Low
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AM uceci ides{dent al conservationr
000871 0-M0503 ,
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Subject parcels outlined in red(2012)
Originally Proposed FLUM designations
Residential High :: ccl Usr.rro!r,rncrc.!
Residential Low
c.
Mrn Industrial
GYixcrc;t-.)sr;l -
R[•v;rienti.r:Cz;:�ser�•n?i<m
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Ca:!senztion
Subject parcels outlined in red(2012)
Current Proposed FLUM designations
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Subject parcels outlined in red(2012)
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File#2012-140
IV. ANALYSIS OF PROPOSED DENSITIES & INTENSITIES; COMPATIBILITY;
CONCURRENCY ANALYSIS; ETC.
A. Maximum Allocated Density and Intensity by Future Land Use Map Designation
Existing FLUM Type Adopted Development potential based
Standards upon allocated density
Residential Low Residential
FLUM Allocated Density/Acre 0.25-0.50 du 10-20 units
Transient
0 rooms/spaces 0 rooms/spaces
50.91 acres total Allocated Density/Acre
1,.,€ E,k u, (nja.�u,'), � ,k , pk) Nonresidential 0.20-0.25 FAR 358,934 sf—448,668 sf
Maximum Intensity
Residential Conservation Residential
0-0.25 du 1 unit
FLUM Allocated Density/Acre
Transient
0 rooms/spaces 0 rooms/spaces
6,82 a c s r<w Allocated Density/Acre
Nonresidential
0-0.10 FAR 0 sf—29,707 sf
Maximum Intensity
Mixed Use/Commercial Residential
1 du 0 units
FLUM Allocated Density/Acre
Transient
5-15 rooms/spaces 0 rooms/spaces
k Allocated Density/Acre
Nonresidential
0.10-0.60 FAR 130 sf—784 sf
Maximum Intensity
Residential
11-21 units
TOTAL SITE Allocated Density/Acre
Transient
0 rooms/spaces
1'u� � � E�¢w t :�r-€��� Allocated Density/Acre
Nonresidential
GIS data Maximum Intensity
359,064 sf—479,159 sf
Proposed FLUM Type Adopted Development potential based
Standards upon allocated density
Indus trial Residential
1 du 21 units
FLUM Allocated Density/Acre
Transient
31.44 acres total Allocated Density/Acre 0 rooms/spaces 0 rooms/spaces
2 , E,k (m4m 9, � as k c tsit) Nonresidential 0.25-0.60 FAR 236,639 sf—567,935 sf
Maximum Intensity
Residential Conservation Residential
FLUM Allocated Density/Acre 0-0.25 du 0-6 units
Transient
0 rooms/spaces 0 rooms/spaces
37„ 6,a�,kc,,� Allocated Density/Acre
Nonresidential
Maximum Intensity 0-0.10 FAR 0 sf—118,308 sf
Conservation Residential
0 du 0 units
FLUM Allocated Density/Acre
Transient
0 rooms/spaces 0 rooms/spaces
¢_,3 a€s r,w Allocated Density/Acre
Nonresidential
0.05 FAR 936 sf
Maximum Intensity
Residential
21-27 units
TOTAL SITE Allocated Density/Acre
Transient
1'und Allocated Density/Acre 1
0 rooms/spaces
Survey data Nonresidential 237,575 sf—687,179 sf
Maximum Intensi
Net Change in Development Potential Residential: +6 du
based on FLUM Transient:no change
Nonresidential:+208,020 sf
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File 42012-140
The table above (previous page) provides an approximation of the development potential for
residential, transient, and nonresidential development. Section 130-156(b) of the Land
Development Code states: "The density and intensity provisions set out in this section are
intended to be applied cumulatively so that no development shall exceed the total density
limits of this article. For example, if a development includes both residential and commercial
development, the total gross amount of development shall not exceed the cumulated permitted
intensity of the parcel proposed for development."
As shown in the table, the proposed FLUM amendment would result in a maximum increase
in residential development potential of 6 dwelling units. The maximum increase in
nonresidential development potential would be 208,020 square feet.
Note — On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012,
creating Policy 101.4.20 discouraging private applications for future land use changes which
increase allowable density/intensity, and transmitted the ordinance to the State Land Planning
Agency. This amendment was found in-compliance by the State Land Planning Agency and
became effective upon the issuance of DEO's Notice of Intent on November 20, 2012.
The adopted policy states that its provisions are applicable only to private applications
"received after the effective date of this ordinance..." The Paradise Pit, LLC, FLUM
application was received on October 22, 2012,prior to the effective date of the ordinance.
While the "discouragement policy" is not applicable to this amendment request, the applicant
has agreed to reduce the area originally proposed to be designated as Industrial by 6.7 acres,
instead proposing to designate that land area as Residential Conservation. This revision
reduces the potential increase in residential development by 5 dwelling units and
nonresidential development by 143,312 square feet.
B. Compatibility with the Surrounding Area
An excerpt from Map 2 of the Comprehensive Plan Future Land Use Map Series identifies
the approximate location of the proposed FLUM amendment (circled in the figure below),
and the FLUM designations of the surrounding area.
Tarpon Basin RL
gyp` R M
R L
LLLJJJFFFIII R L R
RC� I ..
N5 Pf
Newport
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File#2012-140
Parcels surrounding the subject property currently have FLUM designations of Residential
High, Mixed Use/Commercial, Public Buildings, Residential Low, and Residential
Conservation. Land uses surrounding the subject property include residential uses and
vacant land.
Both parcels on the site have designations of Tier 1 and are subject to the Tier I clearing
limits of Policy 101.4.22. The existing vegetation includes scarified land on the area with
the light industrial use (mainly adjacent to the borrow pit), and a mix of buttonwood,
hammock, and mangrove on all other areas of property. The portion of the site covered by
hammock is considered potential habitat for Cotton Mouse, Eastern Indigo Snake, Schaus
Swallowtail, Tree Cactus, Tree Snail, and Woodrat. Hammock covers a majority of the land
surrounding the scarified area containing the light industrial use. The proposed FLUM
amendment includes designating a portion of hammock area as Industrial.
The proposed amendment includes 0.43 acres of land within the Conservation FLUM
designation to protect archeologically and historically significant resources. This is
consistent with Goal 104 and Policy 101.4.15, which includes the preservation of natural
and historic resources.
C. Concurrency Analysis (Comprehensive Plan Policy 1011.1)
Traffic Circulation (Policy 301.1.1)
The subject property is located on US 1 in Key Largo. The property is only accessible by US
1. Pursuant to the Comp Plan, the level of service standard for US 1 is LOS of "C."
According to the 2012 US 1 Arterial Travel Time and Delay Study, US 1 overall is
operating at a LOS of "C" and the segment in Key Largo (MM 99.5 to MM 106.0) is
operating at a LOS of"A."
Potable Water(Policy 701.1.11
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum
water treatment design capacity of 29.8 million gallons per day (MGD) and is capable of
treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RO)plants, located
on Stock Island and Marathon, which are able to produce potable water under emergency
conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water,
respectively. The annual average daily demand in Monroe County is 16.21 MGD and
projections indicate a slight increase to an annual average daily demand to 16.54 MGD. The
proposed FLUM amendment could result in a net increase in demand from this site of up to
72,807 gallons per day if developed to its maximum nonresidential intensity.
Potable Water Max Potential
FLUM Residential Residential Persons/ Total Total LOS Net Change
LOS Standard Development Household Persons Demand
(Policy 701.1.1) (dwelling units)
Current: 66.50 gal/cap/day 21 2.24 47.04 3,128 gal/day
RL/RC/MC (149 gal/du/day) +894
Proposed: 66.50 gal/cap/day 27 224 60.48 4,022 gal/day gal/day
I/RC/C (149 gal/du/day)
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Potable Water Max Potential
FLUM Nonresidential Nonresidential Total LOS Demand Net Change
LOS Standard Development
(Policy 701.1.1) (square feet)
Current: 0.35 gal/sq.ft./day 479,159 167,706 gal/day
RL/RC/MC
+72,807 gal/day
Proposed: 0.35 gal/sq.ft./day 687,179 240,513 gal/day
I/RC/C
Solid Waste (Policy 801.1.1)
Monroe County has a contract with Waste Management, authorizing the use of in-state
facilities through September 30, 2016; thereby, providing the County with approximately
three (3) years of guaranteed capacity. Currently, there is adequate capacity for solid waste
generation.
Solid Waste Max Potential
FLUM Residential LOS Residential Persons/ Total Total LOS Net Change
Standard Development household persons Demand
Policy 801.1.1 (dwelling units)
Current: 5.44lbs/capita/day 21 2.24 47.04 256lbs/day
RL/RC/MC
+73 lbs/day
Proposed: 5.44lbs/capita/day 27 2.24 60.48 329lbs/day
I/RC/C
Sanitary Sewer(Policy 901.1.1)
The County has adopted water quality treatment standards for wastewater facilities and
within the Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS
standard for residential and nonresidential flow is 145 gallons per day per equivalent
dwelling unit.
The only building currently on the site is a small office building, which was built without the
benefit of a building permit. It does not have a connection to the sanitary sewer at this time.
According to the Determination of Lawful Use issued in 2011, this building must be
removed under the requirements of the parcel's current FLUM designation and land use
district regulations. Other structures on the property are limited to storage containers,
car/RV ports, and a lean-to.
The Key Largo Wastewater Treatment District central sewer system is available to these
parcels, and any new development would be required to connect to the sewer system. The
Key Largo Wastewater Treatment Facility is designed and constructed in accordance with
the adopted levels of service treatment standards.
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V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN,THE FLORIDA STATUTES,AND PRINCIPLES FOR GUIDING
DEVELOPMENT
A. The proposed amendment is consistent with the following Goals, Objectives and
Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the
amendment furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.3: Monroe County shall regulate non-residential development to maintain a balance
of land uses to serve the needs of the future population of Monroe County.
Objective 101.4: Monroe County shall regulate future development and redevelopment to maintain
the character of the community and protect the natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.4.7: The principal purpose of the Industrial land use category is to provide for the
development of industrial, manufacturing, and warehouse and distribution uses. Other commercial,
public,residential, and commercial fishing-related uses are also allowed.
Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are
inconsistent with the applicable provisions of the land development regulations and the Future Land
Use Map, and structures which are inconsistent with applicable codes and land development
regulations.
Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive
Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following
Community Master Plans have been completed in accordance with the principles outlined in this
section and adopted by the Board of County Commissioners:
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives
in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
Key Largo Livable CommuniKeys Master Plan
Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities
in the planning area where appropriate.
Goal 104: Monroe County shall recognize, designate,protect, and preserve its historic resources.
B. The amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
the principles for guiding development and any amendments to the principles, the principles shall be
construed as a whole and no specific provision shall be construed or applied in isolation from the
other provisions.
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(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical state
concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds,wetlands,fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
and ensuring that development is compatible with the unique historic character of the Florida
Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments,including:
I. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(1) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage collection;
treatment and disposal facilities; and the installation and proper operation and maintenance of
onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
403.086(10), as applicable, and by directing growth to areas served by central wastewater
treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida
Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a post disaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
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Section 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to
preserve and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within their jurisdictions.
Through the process of comprehensive planning, it is intended that units of local government can
preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
and other requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions
Section 163.3177(6)(a)2., F.S. —The future land use plan and plan amendments shall be based upon
surveys, studies, and data regarding the area, as applicable,including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies,public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent
with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen and
diversify the community's economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(6)(a)4., F.S.—The amount of land designated for future planned uses shall provide
a balance of uses that foster vibrant, viable communities and economic development opportunities
and address outdated development patterns, such as antiquated subdivisions. The amount of land
designated for future land uses should allow the operation of real estate markets to provide adequate
choices for permanent and seasonal residents and business and may not be limited solely by the
projected population. The element shall accommodate at least the minimum amount of land required
to accommodate the medium projections as published by the Office of Economic and Demographic
Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including
related rules of the Administration Commission
Section 163.3177(6)(a)8., F.S. —Future land use map amendments shall be based upon the following
analyses:
a.An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character
of the undeveloped land, soils,topography,natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
section.
VI. STAFF RECOMMENDATION
Staff recommends approval of the proposed Future Land Use Map amendment, as detailed in
this staff report, from Mixed Use/Commercial (MC), Residential Low (RL), and Residential
Conservation (RC) to Industrial (1), Residential Conservation (RC), and Conservation (C) for
two (2) parcels, having real estate numbers 00087190.000000 and 00087100.000500, in Key
Largo.
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VII. PROCESS
Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a
contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass them onto the
Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission
shall review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review 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 Florida Department of Economic Opportunity (DEO). The
amendment is transmitted to DEO, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County
has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VIII. EXHIBITS
1. Letter of Understanding, dated August 1, 2012, concerning the Paradise Pit LLC property
2. Monroe County Resolution 127-2012
3. Map 2 of the Monroe County Comprehensive Plan Future Land Use Map Series
4. Proposed FLUM amendment for 00087190.000000 and 00087100.000500 in Key Largo
5. Planning Commission Resolution P17-13
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Exhibit 1 t
St a",,, spout
County of Monroe
Growth Management Division
Plannins&Environmental Resources Board of County Commissioners
Department Mayor David Mice,Dist.4
2798 Overseas Highway, Suite 410 f Mayor Pro Tern Kim Wigington,Dist. 1
Marathon,FL 33050 " Heather Carruthers,Dist,3
Voice: 305{ )289-2500 erg George Neugent,Dist 2
FAX: (305)289-2536 s, Sylvia J.Murphy,Dist.5
We strive to be caring,professionai and fair
August 1, 2012
Emily Burkel
Paradise Pit LLC
743 Largo Road
Key Largo, FL 33 03 7
SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE PARADISE PIT
LLC PROPERTY, LOCATED AT 743 LARGO ROAD, KEY LARGO,
MILE MARKER 101, LEGALLY DESCRIBED AS A PARCEL OF LAND
WITHIN SECTION 27, TOWNSHIP 61, RANGE 39, HAVING REAL
ESTATE NUMBER 00087100.000500
Dear Ms. Burkel,
Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU).
In response to your party's recent discussions with Growth Management Division staff regarding
the above-referenced property, this letter is to notify you of our Department's findings regarding
two of the matters discussed at our last meeting: 1) whether or not the existing land use district
and future land use map designations were assigned in error and b) the number of storage
containers lawfully established and thereby lawfully nonconforming.
Land Use District (LUD) and Future Land Use Map (FL UM) Designations:
The Board of County Commissioners passed and adopted Resolution #127-2012 on April 18,
2012. This resolution amended the Planning & Environmental Resources Department's fee
schedule. Of relevance to your property and the development thereon, the amended fee schedule
included the following new provision:
There shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official LUD map and/or the
official FLUM, if the property owner can provide satisfactory evidence that a currently
existing use on the site that also existed lawfully in 1992 was deemed nonconforming by
Letter of Understanding Page 1 of 7
final adoption of the LUD map and/or a currently existing use on the site that also existed
lawfully on the site in 1997 was deemed nonconforming by final adoption of the FLUM.
To qualify for the fee exemption, the applicant must apply for a LUD and/or FLUM
designation(s) that would eliminate the non-conforming use created with adoption of the
existing designation(s) and not create an adverse impact to the community. Prior to
submittal of a map amendment application, the applicant must provide the evidence
supporting the change and application for a fee exemption with the proposed LUD
map/FLUM designations to the Monroe County Planning & Environmental Resources
Department as part of an application for a Letter of Understanding. Following a review,
the Director of Planning & Environmental Resources shall determine if the information
and evidence is sufficient, and whether the proposed LUD map and/or FLUM
designations are acceptable for the fee waiver, and approve or deny the fee exemption
request. This fee waiver Letter of Understanding shall not obligate the staff to
recommend approval or denial of the proposed LUD or FLUM Category.
You have requested that the Senior Director of Planning& Environmental Resources render such
a decision in relation to the subject property and, if your party decides to do so, allow you to
submit map amendment applications without the required application fees.
For the most part, the property is partially designated as Residential Low (RL) and partially
designated as Residential Conservation (RC) on the official FLUM. A small portion in the
northwest corner is designated Mixed Use/ Commercial (MC). For the most part, the property is
partially designated as Suburban Residential (SR) and partially designated as Native Area (NA)
on the official LUD map (see attachment). A small portion in the northwest corner is designated
Suburban Commercial (SC). The RL boundary is consistent with the SR boundary, the RC
boundary is consistent with the NA boundary and the MC boundary is consistent with the SC
boundary. The property was partially within a BU-2 district (Medium Business), partially within
a RU-1 district (Single Family Residential) and partially within a RU-5P district (Mobile Horne
Park) prior to 1986 when the property was re-designated SR and NA(see attachment).
The current permitted use regulations for the SR district do not allow industrial uses (Monroe
County Code §130-94). Furthermore, Policy 101.4.2 of the Monroe County Comprehensive
Plan, which describes permitted uses in the RL FLUM category, does not state that industrial
uses are allowed. Therefore, the existing light industrial use is nonconforming to the current
provisions of the Monroe County Code and Comprehensive Plan.
Regarding the subject property, on September 23, 2011, the Planning & Environmental
Resources Department provided you with a letter stating that the existing light industrial use was
lawfully established on the scarified areas of the site and is thereby a lawful nonconforming use.
As a note, the existing light industrial use is located entirely within the portion of the property
designated SR and RL.
Resolution #127-2012 requires the property owner to provide satisfactory evidence that the
existing use on the site also existed lawfully in 1992 and was deemed nonconforming by final
adoption of the LUD map and/or the existing use on the site existed lawfully in 1997 and was
deemed nonconforming by final adoption of the FLUM. Following a review, Staff has
Letter of Understanding Page 2 of 7
determined that the existing light industrial use existed lawfully in 1992 and was deemed
nonconforming by the final adoption of the LUD map. Staff has also determined that the
existing light industrial use existed lawfully in 1997 and was deemed nonconforming by the final
adoption of the FLUM.
Note: This finding does not pertain to any of the areas on the property designated NA and RC.
Staff has determined that these areas were appropriately designated. Staff found no evidence
that a light industrial use has ever lawfully been in existence in such areas.
Your party has not formally proposed any new LUD and/or FLUM designation. Resolution
#127-2012 requires the applicant to apply for a LUD and/or FLUM designation(s) that would
eliminate the non-conforming use created with adoption of the existing designation(s) and not
create an adverse impact to the community. Following a review, staff has determined that a
FLUM category of Mixed Use / Commercial (MC) or Industrial (1) would eliminate the
nonconformity to use as the designations allow light industrial uses. The LUD designations of
Mixed Use (MU) or Suburban Commercial (SC) under the MC FLUM category and Industrial (I)
or Maritime Industries (MI) under the I FLUM category could eliminate the nonconformity to
use as the districts allow light industrial uses (however please note that some of the designations
require conditional use permit approval for such a use).
Prior to application submittal, you must decide on which FLUM and LUD designations to pursue
as staff cannot make this decision. Please be aware that, although staff is interested in finding a
resolution to the nonconforming use issue as well, the Planning & Environmental Resources
Department is not obligated to recommend approval of a proposed LUD designation and/or
FLUM designation unless there is a finding that there would not be any adverse impact to the
community. Also, as discussed at our last meeting, your application may also expand the
boundaries of the existing NA and RC areas of the site in order reduce the overall impact of
converting other areas from SR and RL to designations that allow higher land use intensity.
In conclusion, Staff has determined that your proposal qualifies for application fee exemptions to
the "Comprehensive Plan, Future Land Use Map (FLUM) Amendment" of $5,531.00 and the
"Land Use District Map, Amendment-Nonresidential" fee of $4,929.00. You may submit a
FLUM amendment and/or LUD amendment application without the submittal of the
aforementioned application fees. However, you are responsible for all other requirements,
including the fees for advertising ($245.00 per application) and noticing ($3.00 per each
surrounding property per application).
In addition, please note that you are eligible for these fee waivers so long as such waivers are
permitted by the fee schedule. If the fee schedule is amended to remove such a provision in the
future, you may not be eligible to submit the application without such required application fees
afterwards.
Storage Containers:
On September 23, 2011, the Planning & Environmental Resources Department provided you
with a letter stating that staff could not find any building permits authorizing the existence of the
Letter of Understanding Page 3 of 7
existing storage/shipping containers on the property. The letter requested that the property
owner provide documentation from the Growth Management Division stating that they were in
fact approved or the structures would be deemed unlawful and must be removed or converted to
road-ready.
Following the discussions at our past meeting, staff determined that the type of storage/shipping
containers located on the property did not require a building permit until the adoption of the
NROGO on September 19, 2001.
As set forth in Monroe County Code §138-50(1), the redevelopment, rehabilitation or
replacement of any lawfully established nonresidential floor area which does not increase the
amount of nonresidential floor area greater than that which existed on the site prior to the
redevelopment, rehabilitation or replacement is exempt from the NROGO permit allocations
system. The planning director shall review available documents to determine if a body of
evidence exists to support the existence of nonresidential floor area on or about September 19,
2001, the effective date of the original NROGO. Such evidence shall be documented and
submitted to the planning director on a form provided by the planning department. The
application shall include, at a minimum, at least two of the following documents: a) Any issued
Monroe County building permit(s) supporting the existence of the structure(s) and its use(s) on
or about September 19, 2001; b) Documentation from the Monroe County Property Appraiser's
Office indicating residential use on or about September 19, 2001; c) Aerial photographs and
original dated photographs showing the structure(s) existed on or about September 19, 2001; d.
Nonresidential County Directory entries on or about September 19, 2001; e) Rental, occupancy
or lease records, on or about September 19, 2001, indicating the number, type and term of the
rental or occupancy; f) State and/or county licenses, on or about September 19, 2001, indicating
the nonresidential use; g) Documentation from the utility providers indicating the type of service
(commercial or residential) provided and the number of meters in existence on or about
September 19, 2001; and h) Similar supporting documentation not listed above as determined
suitable by the planning director.
There is aerial photography of the site on file for early 2002 and late 2002/early 2003. Upon a
detailed review, in the early 2002 photograph, although development and outdoor storage is
visible, a storage/shipping container is not clearly visible. In the late 2002/early 2003
photography, eight shipping containers are clearly visible (see attached).
Two documents are required to satisfy Monroe County Code §138-50(1). The late 2002/early
2003 aerial photograph satisfies c) Aerial photographs and original dated photographs showing
the structure(s) existed on or about September 19, 2001. However, there is not any other
documentation on file in the county's records supporting the storage containers' existence. The
Planning & Environmental Resources Director has determined that in this instance an affidavit
would satisfy h) Similar supporting documentation not listed above as determined suitable by the
planning director. Please provide such an affidavit for the file stating that to the best of the
property owner's knowledge at least eight storage shipping containers existed on the property on
or about September 19, 2001.
Letter of Understanding Page 4 of 7
As such, eight of these structures shall be deemed lawfully nonconforming and the equivalent
number or less of equal size or smaller shall be permitted to remain in existence as lawful
nonconforming structures upon receipt of the aforementioned affidavit. Staff utilized he
County's GIS to measure the containers and determined that the containers observed in aerial
photography were approximately 40' in length, The standard dimensions of a standard shipping
container are 8' x 40' - 320 square feet.
Pursuant to MCC §110-3, you are entitled to rely upon the representations set forth in this letter
as accurate under the regulations currently in effect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
project will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, I100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Highway, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
Sincerely yours
Townsle Sc ab,
Senior Director of Planning & Environmental Resources
CC: Christine Hurley, Director of Growth Management
Susan Grimsley, Assistant County Attorney
Mayte Santamaria, Assistant Director of Planning
Joseph Haberman, Planning & Development Review Manager
Jerome Smith, Building Official
Ronda Norman, Director of Code Compliance
Letter of Understanding Page 5 of 7
Land Use gkUkt Map Overlaid on 2012 Aerial Phot Ograph
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Letter of Understanding Page 6a 7
Aerial Photograph, dated late 2002/early 2003
Letter of Understanding Page 7 of 7
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Exhibit 2 t
St t,l Report
MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 127 -2012
A RESOLUTION AMENDING RESOLUTION 169-2011, THE
PLANNING & ENVIRONMENTAL RESOURCES
DEPARTMENT FEE SCHEDULE; TO GENERALIZE THE
TITLE OF THE FEE FOR APPLICATIONS FOR EXTENSIONS
OF TIME AUTHORIZED BY STATE LEGISLATION; TO
EXEMPT MAP AMENDMENT FEES FOR PROPERTY
OWNERS WHO APPLY TO AMEND THEIR PROPERTIES'
LAND USE DISTRICT AND/OR FUTURE LAND USE MAP
DESIGNATIONS TO DESIGNATIONS THAT WOULD
ELIMINATE NONCONFORMITIES TO USES THAT WERE
CREATED WHEN THE PROPERTIES WERE REZONED BY
THE COUNTY IN 1992 AND/OR PROVIDED A FUTURE
LAND USE MAP DESIGNATION IN 1997 UNDER CERTAIN
CONDITIONS; PROVIDING FOR A FEE FOR A LETTER OF
UNDERSTANDING FOR MAP AMENDMENT FEE
WAIVERS; AND TO REPEAL ANY OTHER FEE SCHEDULES
INCONSISTENT HEREWITH.
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services, thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services; and
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on-site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services; and
Planning&Environmental Resources Department Fee Schedule
Page 1 of 7
WHEREAS, the Board has discussed the need to adjust the fee schedule to
compensate the county for resources needed in excess of the fee estimates included in the
base fees; and
WHEREAS, applicants for development review should pay the cost of the
review,rather than those funds coming from other sources; and
WHEREAS, the Board of County Commissioners wishes to amend fees to
compensate for resources expended in applications for private development approvals;
and
WHEREAS, The Florida State Legislature is considering legislation which
allows for extensions of time for some development orders for which the fee is currently
$250.00,based on previous Senate and House bills; and
WHEREAS, in 1992, a revised series of zoning maps was approved(also known
as the Land Use District (LUD) maps) for all areas of the unincorporated county. These
maps depicted boundary determinations carried out between 1986 and 1988, depicted
parcel lines and were drawn at a more usable scale. Although signed in 1988, the LUD's
did not receive final approval until 1992. The Monroe County Land Development
Regulations, portions of which are adopted by Rule 28-20.021, F.A.C., and portions of
which are approved by the Department of Community Affairs in Chapter 9J-14, F.A.C.,
were amended effective August 12, 1992. The Land Use District Map was revised to
reflect the changes in this rule. The LUD maps remain the official zoning maps of
Monroe County; and
WHEREAS, in 1993, Monroe County adopted a set of Future Land Use Maps
(FLUM) pursuant to a joint stipulated settlement agreement and Sec. 163.3184 Florida
Statutes. The Ordinance #016-1993 memorialized the approval. This map series was
dated 1997. The 1997 FLUM remains the official future land use maps of Monroe
County; and
WHEREAS, since the adoption of the LUD maps and FLUM, the County has
discovered that several parcels with existing, lawful uses were assigned land use district
and future land use categories that deemed those uses nonconforming. In these instances,
the County created nonconformities to use without studying of the existing uses and the
impact of deeming those uses nonconforming. A remedy to existing property owners
would be to allow those property owners to apply for map amendments to designations
that would eliminate the nonconformities created by the County and not by the property
owner without the payment of a fee; and
WHEREAS, the County wishes to clarify that fees will be changed to private
applicants for traffic studies required or requested for not only map amendments, but for
text amendments submitted by private applicants; and
Planning&Environmental Resources Department Fee Schedule
Page 2 of 7
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 18, 2012;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1.
Pursuant to Section 102-19(9),the following schedule of fees to be charged by the
Growth Management Division for its services, including but not limited to the
filing of land development permit applications, land development approvals, land
development orders, and appeal applications, and requests for technical services
or official letters attesting to development rights recognized by the County shall
be implemented:
Administrative Appeals........................................................ $1,500.00
Administrative Relief.......................................................$1,011.00
Alcoholic Beverage Special Use Permit.................................$1,264.00
Appeal ROGO or NROGO to BOCC.................................... $816.00
BeneficialUse............................................................... $4,490.00
Biological Site Visit(per visit)............................................$280.00
Biologist Fee(Miscellaneous-per hour)..................................$60.00
Boundary Determination................................................... $1,201.00
Comprehensive Plan,Text Amendment..................................$5,531.00
Comprehensive Plan, Future Land Use Map(FLUM)Amendment. $5,531.00
Conditional Use, Major,New/Amendment..............................$10,014.00
Conditional Use,Minor,New/Amendment............................ $8,484.00
Conditional Use,Minor,Transfer Development Rights (TDR)........$1,239.00
Conditional Use,Minor, Transfer Nonresidential Floor Area(TRE)$1,944.00
Conditional Use, Minor, Transfer ROGO Exemption(TRE)..........$1,740.00
Conditional Use, Minor/Major, Minor Deviation...................... $1,768.00
Conditional Use,Minor/Major, Major Deviation....................... $3,500.00
Conditional Use,Minor/Major,Time Extension....................... $986.00
Department of Administrative Hearings (DOAH)Appeals............$816.00
Development Agreement...................................................$12,900.00
Development of Regional Impact(DRI)................................. $28,876.00
Dock Length Variance......................................................$1,026.00
Front Yard Setback Waiver,Administrative............................ $1,248.00
Front Yard Setback Waiver,Planning Commission....................$1,608.00
Grant of Conservation Easement..........................................$269.00
Habitat Evaluation Index (per hour)......................................$60.00
Home Occupation Special Use Permit................................... $498.00
Inclusionary Housing Exemption......................................... $900.00
Land Development Code,Text Amendment........................... $5,041.00
Land Use District Map, Amendment—Nonresidential................. $4,929.00
Land Use District Map, Amendment—Residential.......................$4,131.00
Planning&Environmental Resources Department Fee Schedule
Page 3 of 7
Letter of Current Site Conditions..........................................$936.00
Letter of Development Rights Determination...........................$2,209.00
Letter of ROGO Exemption................................................$215.00
Letter of Understanding for LUD Map/FLUM Fee waiver ...........$250.00
NROGO Application....................................................... $774.00
Planning Fee(Miscellaneous-per hour)...................................$50.00
Parking Agreement..........................................................$1,013.00
Planning Site Visit..........................................................$129.00
Platting, 5 lots or less.......................................................$4,017.00
Platting, 6 lots or more......................................................$4,613.00
Pre-application with Letter of Understanding...........................$689.00
Pre-application with No Letter of Understanding..................... $296.00
Public Assembly Permit....................................................$149.00
Dog in Restaurant Permit........ .....................................$150.00
Research,permits and records(per hour)................................$50.00
Road Abandonment....................................................... $1,533.00
ROGO Application......................................................... $748.00
ROGO Lot/Parcel Dedication Letter..................................... $236.00
Legislative Time Extension for Development Orders/Permits....... $250.00
Special Certificate of Appropriateness.................................. $200.00
Tier Map Amendment—Other than IS/URM Platted Lot............. $4,131.00
Tier Map Amendment IS/URM Platted Lot Only.................... $1,600.00
Vacation Rental Permit(Initial)............................................$493.00
Vacation Rental (Renewal)................................................$100.00
Vacation Rental Manager License........................................$106.00
Variance,Planning Commission, Signage...............................$1,076.00
Variance, Planning Commission, Other than Signage..................$1,608.00
Variance,Administrative...................................................$1,248.00
Vested Rights Determination..............................................$2,248.00
Wetlands Delineation (per hour).......................................... $60.00
Growth Management applications may be subject to the following additional fees,
requirements or applicability:
1. For any application that requires a public hearing(s) and/or surrounding
property owner notification, advertising and/or notice fees; $245 for
newspaper advertisement and$3 per property owner notice.
2. There shall be no application or other fees, except advertising and noticing
fees, for affordable housing projects, except that all applicable fees shall be
charged for applications for all development approvals required for any
development under Sec. 130-161.1 of the Monroe County Code and for
applications for variances to setback, landscaping and/or off-street parking
regulations associated with an affordable housing development.
Planning&Environmental Resources Department Fee Schedule
Page 4 of 7
3. There shall be no application fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official LUD map
and/or the official FLUM, if the property owner can provide satisfactory
evidence that a currently existing use on the site that also existed lawfully in
1992 was deemed nonconforming by final adoption of the LUD map and/or a
currently existing use on the site that also existed lawfully on the site in 1997
was deemed nonconforming by final adoption of the FLUM. To qualify for
the fee exemption, the applicant must apply for a LUD and/or FLUM
designation(s) that would eliminate the non-conforming use created with
adoption of the existing designation(s) and not create an adverse impact to the
community. Prior to submittal of a map amendment application, the applicant
must provide the evidence supporting the change and application for a fee
exemption with the proposed LUD map/FLUM designations to the Monroe
County Planning & Environmental Resources Department as part of an
application for a Letter of Understanding. Following a review, the Director of
Planning & Environmental Resources shall determine if the information and
evidence is sufficient, and whether the proposed LUD map and/or FLUM
designations are acceptable for the fee waiver, and approve or deny the fee
exemption request. This fee waiver Letter of Understanding shall not obligate
the staff to recommend approval or denial of the proposed LUD or FLUM
Category.
4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and
expenses of any hearing officer. The County is currently charged $144.00 per
hour by Department of Administrative Hearings (DOAH). If the fee charged
to the County is increased, the charge will change proportionately. An
estimated amount of one-half of the hearing officer costs as determined by the
County Attorney shall be deposited by the applicant along with the application
fee, and shall be returned to the applicant if unused.
5. Base fees listed above include a minimum of (when applicable) two internal
staff meetings with applicants; one Development Review Committee meeting,
one Planning Commission public hearing; and one Board of County
Commission public hearing. If this minimum number of meetings/hearings is
exceeded, the following fees shall be charged and paid prior to the private
development application proceeding through public hearings:
a. Additional internal staff meeting with applicant $500.00
b. Additional Development Review Committee public hearing$600.00
c. Additional Planning Commission public hearing $700.00
d. Additional Board of County Commissioners public hearing $850.00
The Director of Growth Management or designee shall assure these additional
fees are paid prior to hearing scheduling. These fees apply to all applications
filed after September 15, 2010.
Planning&Environmental Resources Department Fee Schedule
Page 5 of 7
6. Applicants for Administrative Appeal, who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
7. Concerning the application fees to amend the tier maps, the lesser application
fee of $1,600.00 is only available for applications to amend the tier
designation of a single URM or IS platted lot. It may not be used to amend
the designation of more than one parcel.
8. Applicants for any processes listed above that are required to provide
transportation studies related to their development impacts shall be required to
deposit a fee of $5,000 into an escrow account to cover the cost of experts
hired by the Growth Management Division to review the transportation and
other related studies submitted by the applicant as part of the development
review process or any text amendment submitted by a private applicant. Any
unused funds deposited by the applicant will be returned upon permit
approval. Monroe County shall obtain an estimate from the consultant they
intend to hire to review the transportation study for accuracy and methodology
and if the cost for the review on behalf of Monroe County is higher than the
$5000, applicant shall remit the estimated amount. Any unused funds
deposited by the applicant will be returned upon permit approval.
Section 2.
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
Section 3.
The. Clerk of the Board is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Planning&Environmental Resources Department Fee Schedule
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18thday of Aprii ,2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
OUNTY BOARD OF COUNTY COMMISSIONERS
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By
'P9 Clerk Mayor David Rice
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Planning&Environmental Resources Department Fee Schedule
Page 7 of 7
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MONROE COUNTY,FLORIDA
PLANNING COMMISSION RESOLUTION NO. P17-13
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM MIXED USE/
COMMERCIAL ( C), RESIDENTIAL LOW (RL), AND
RESIDENTIAL CONSERVATION (RC) TO INDUSTRIAL (I),
RESIDENTIAL CONSERVATION (RC), AND
CONSERVATION (C) FOR PROPERTY LOCATED AT 101075
AND 101101 OVERSEAS HIGHWAY, KEY LARGO,
LEGALLY DESCRIBED AS PARCELS OF LAND WITHIN
SECTION 27, TOWNSHIP 61 SOUTH, RANGE 39 EAST, ON
KEY LARGO, MONROE COUNTY FLORIDA, HAVING REAL
ESTATE NUMBERS 00087190.000000 AND 00087100.000500.
WHEREAS, an application was filed by Paradise Pit, LLC on October 22, 2012, to
amend the Future Land Use Map designation from Mixed Use/Commercial (MC), Residential
Low (RL), and Residential Conservation (RC) to Industrial (I), Residential Conservation (RC),
and Conservation (C) for property legally described as parcels of land within Section 27,
Township 61 South, Range 39 East, on Key Largo, Monroe County Florida, having real estate
numbers 00087190.000000 and 00087100.000500; and
WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendment at a regularly scheduled meeting held on February 26, 2013; and
WHEREAS, the Monroe County DRC discussed the proposed FLUM amendment and
recommended a reduction to the total area proposed within the Industrial (I) future land use
category; and
WHEREAS, at the DRC meeting, the applicant agreed to reduce the area originally
proposed to be designated as Industrial (I), instead including additional area with hammock
habitat within the proposed Residential Conservation(RC) future land use category; and
WHEREAS, the applicant submitted a diagram on February 26, 2013, documenting the
reduction of 6.46 acres of the proposed Industrial (I)area; and
WHEREAS, the applicant agreed to submit a revised boundary survey reflecting the
proposed change in acreage by FLUM category prior to the BOCC's transmittal hearing; and
Resolution#P17-13
File#2012-140
WHEREAS, at a regularly scheduled meeting held on the 27th day of March, 2013, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment
to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Planning Commission review and discussion of the proposed FLUM
amendment was based upon the revised FLUM amendment, included as Exhibit 5 within the
Staff Report submitted to the Planning Commission, detailing the reduction of the total area
proposed within the Industrial (I) future land use category; and
WHEREAS, the Monroe County Planning Commission makes the following findings of
fact and conclusions of law:
1. The proposed FLUM is not anticipated to adversely impact the community character
of the surrounding area; and
2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
adopted Level of Service; and
3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan; and
4. The proposed amendment is consistent with the Key Largo Community Master Plan;
and
5. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statute; and
6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY,FLORIDA:
Section 1. The Monroe County Planning Commission recommends the Future Land Use
Map of the Monroe County Year 2010 Comprehensive Plan be amended as
follows:
The property legally described as parcels of land within Section 27, Township 61
South, Range 39 East, on Key Largo, Monroe County Florida, having real estate
numbers 00087190.000000 and 00087100.000500, is changed from Mixed
Use/Commercial (MC), Residential Low (RL), and Residential Conservation
(RC) to Industrial (I), Residential Conservation (RC), and Conservation (C), as
shown on Exhibit 1 attached hereto and incorporated herein.
Resolution#P 17-13
File#2012-140
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 27th day of March, 2013.
William Wlatt, Chair _Yes_
Denise Werling, Commissioner _Yes_
Jeb Hale, Commissioner _Yes_
Elizabe Lustburg, Co ssioner _Yes_
Ron Mifter. Commissio r Yes
PLANNING COMMISS F MO�R C ,FLORIDA
B
By
B'
William Wiatt, Chair
Signed this JA day of c
Monroe County Planning Commission Attorney
T
roved As To orm
i
Date:
AGENCYCLERK
Resolution#P17-13
File#2012-140
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