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Item O2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 10, 2014 Division: Growth Management Bulk Itern: Yes No X Staff Contact Person/Phone#:-Christine Hurley 289-2-517 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. Residential Low (RL) to Mixed Use/Commercial (MC), for property located at 97770 and 97702 Overseas Highway, MM98, Key Largo, described as parcels of land in section 6, township 62 south, range 39 east, Island of Key Largo, Monroe County,Florida having real estate numbers 00091000.000000 and 00091020.000000. (Legislative Proceeding) ITEM BACKGROUND: The applicant, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing business as Bay Harbor Lodge, currently operates a hotel/motel business at 97770 and 97702 Overseas Highway in Key Largo. The subxject property currently has a Future Land Use Map (FLUM) designation of Residential Low (RI) and a Land Use District (LUD) designation of Suburban Residential (SR). The Current policies of the Comprehensive Plan do not allow a hotel/motel use within the RL FLUM category, an(] the current use is therefore considered nonconforming to the provisions of the current Comprehensive Plan. 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 amen(finent 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 amendment, adopt the amendment with changes or not adopt the amendment. Policy 101.4.20 (discouragement policy) of the Comprehensive Plan applies to this application. The applicant must show compliance with this policy prior to BOCC adoption of the proposed FLUM amendment. PREVIOUS RELEVANT'BOCCACTION: Monroe County Resolution #127-2012, 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#183-2013). Oil 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. This amendment was found in-compliance by the State Land Planning Agency and became effective upon the issuance of DI O's Notice of Intent on November 20, 2012. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST:......N/A---- ..INDIRECT COST: NIA BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Attylz- 1�11A OMB/Purchasing_ Risk Management_ DOCUMENTATION: Included X Not Required— DISPOSITION: AGENDA ITEM# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. - 2014. 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 MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW (R.L) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILD, MARKER 98, DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00091000.000000 AND 00091020.000000,AS PROPOSED BY SEE THE SEA OF KEY LARGO,INC. AND COCONUT BAY OF KEY LARGO,INC;'. ......,..,............,..,.._...W......,...__.._..._.._.,.,....,...,..._.........»..........,......,.,.........._.,...,.._.........._...,----------------„_..,.........w..........___. 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 Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recornrnendations and comments, and to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), F. ., 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 THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION'MMI:SSION'ER,S 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, attached as Exhibit A, for review of the proposed fixture land use map amendment. P. 1 of 2 Resolution No. -2014 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 ADO1yrED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the l0th day of December, 2014. Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Commissioner David Rice Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY, FLORIDA BY Mayor Danny L. Kolhage MONROE COUNTY ATTORNEY VROVED AS��FOAM: --7-UJ S f- --TEV N T. WILLIAMS ASSISTANT U TY ATTORNEY (SEAL) Date /4( ATTEST: Amy Heavilin, Clerk Deputy Clerk P.2 of 2 Resolution No..—...-2014 EXHIBIT A to RESOLUTION NO. -2014 1 2 4 7 '^ Y 8 9 MONROE COUNTY, FLORIDA 10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I I ORDINANCE NO. - 2015 12 13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS AMENDING THE MONROE 1.5 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW 16 (RL) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY 17 LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY 18 LARGO, MILE MARKER 98, DESCRIBED AS PARCELS OF 19 LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, 20 ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA, 21 HAVING REAL ESTATE NUMBERS 00091000.000000 AND 22 00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY 23 LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.; 24 PROVIDING FOR EVERABILITY; PROVIDIN(:'r FOR REPEAL 25 OF CONFLICTING PROVISIONS; PROVIDING FOR 26 'TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 27 AND THE SECRETARY OF STATE; PROVIDING FOR 28 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 29 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE 30 MAP, PROVIDING FOR AN EFFECTIVE DATE,. 31 ____x_,.__.________..r_.._r__..__......__.._._......____._______r___________w_w____w_..__,._.,._______________________________.._ 32 33 WHEREAS, on June 1.6, 2014„ See the. Sea of Ivey Lai-go, Inc. and Coconut.Bay of Key 34 Largo, Inc., doing business as Bay Harbor I:..,odge, submitted au application requesting to amend 35 the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from 36 Residential Low (RL) to Mixed Use/Commercial (MC); and 37 38 WHEREAS, the subject property is located at 97770 and 97702 Overseas Highway, Ivey 9 Largo, Mile Marker 98, described as parcels of lad in section 6, township 62 south, range 39 40 east, Island of Ivey Largo, Monroe County, Florida, having real estate numbers 41 00091000.00000lO and 00091020.000000; and 42 43 WHEREAS, See the Sea of ley Largo, Inc. and Coconut: Bay of Ivey Largo„ Inc., doing 44 business as Bay Harbor Lodge, operates a hotel/motel at the subject property with a current 45 FLUM designation of RL, which does not allow hotels or other transient residential uses, Ord. 'No -2015 Page I of 4 EXHIBIT A to RESOLUTION NO. -2014 1 therefore the existing use is considered nonconforming to the provisions of the current 2 Comprehensive Plan; and 3 4 WHEREAS, See the Sea of Key Largo, Inc. and Coconut Bay of Key Lai-go, Inc., doing 5 business as Bay Harbor Lodge, is requesting a change to the FLUM designation in order to 6 eliminate the nonconformity for the existing hotel/motel use; and 7 8 WHEREAS, during a regularly scheduled meeting held on September 23, 2014, tile 9 Monroe Country Development Review Committee reviewed the proposed PLUM amendment and 10 the Chair recommended approval; and 11 12 WHEREAS, during a regularly scheduled public hearing held on October 29, 2014, the 13 Monroe County Planning Commission reviewed the proposed PLUM amendment and 14 recommended approval to the Board of County Commissioners, contingent oil compliance with 15 Policy 10 1.4.20 prior to adoption; and 16 17 WHEREAS, the Monroe County Planning Commission made the following findings of fact 18 and conclusions of law: 19 20 1. The proposed FLUM is not anticipated to adversely impact the community character 21 of the surrounding area; and 22 2. The proposed PLUM is not anticipated to adversely impact the Comprehensive Plan 23 adopted Level of Service; and 24 1 The proposed amendment is consistent with the Goals, Objectives and Policies of the 25 Monroe County Year 2010 Comprehensive Plan, contingent oil compliance with 26 Policy 10 1.4.20 prior to adoption; and 27 4. The proposed amendment must comply with Comprehensive Plan Policy 101.4.20 28 prior to adoption by the Board of County Commissioners. Based oil the 29 density/intensity analysis, and in order to mitigate for the impacts of approval, one of 30 the following options needs to be addressed: 31 a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier 111-A SPA 32 located within the Upper Keys Subarea; 33 b. Donation 12 non-scarified IS Lots designated Tier I or Tier 111-A located within 34 the Upper Keys Subarea; or 35 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper 36 Keys Subarea.; and 37 5. The proposed amendment is consistent with the Key Largo Community Master Plan; 38 and 39 6. The proposed amendment is consistent with the Principles for Guiding Development 40 for tile Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 41 Statute; and 42 7. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute. 43 44 WHEREAS, the Monroe County Planning Commission passed Resolution No. P34-14 45 recommending approval of the proposed amendment contingent on compliance with Policy 46 101.4.20 prior to adoption; and Ord.No—-2015 Page 2 of 4 EXHIBIT A to RESOLUTION NO. -2014 2 WHEREAS, at a regularly scheduled meeting field on the (Jay of the 3 Monroe County Board of County Commissioners held a public hearing, considered the staff 4 report, and provided for public comment and public participation in accordance with the 5 requirements of state law and the procedures adopted for public participation in the planning 6 process, and recommended to the State Land Planning Agency and 7 Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and 8 comment; and 9 10 WHEREAS, the Monroe County Board of County Commissioners makes the following 11 Conclusions of Law: 12 1. Tile ordinance is consistent with the Principles for Guiding Development in the 13 Florida Keys Area of Critical State Concern; 14 2. Tile ordinance is consistent with the provisions and intent of the Monroe County 15 Comprehensive Plan; and 16 3. The ordinance is consistent with the provisions and intent of the Monroe County 17 C,o d e; 18 4. The ordinance must comply with Comprehensive Plan Policy 101.4.20 prior to 19 adoption by the Board of County Commissioners. Based on the density/intensity 20 analysis, and in order to mitigate for the impacts of approval, one of the following 21 options needs to be addressed: 22 a. Donation of4A acres of non-scarified land designated Tier I or Tier 111-A SPA 23 located within the Upper Keys Subarea; 24 b. Donation 12 non-scarified IS Lots designated Tier I or Tier 111-A located within 25 the'Upper Keys Subarea; or 26 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper 27 Keys Subarea; and 28 29 WHEREAS, on the State Land Planning Agency issued its Objections, 30 Recornniendations, and Comments (ORC) report. The ORC report 31 states and 32 33 WHEREAS, as a response to the ORC Report, Monroe County 34 35 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 38 COUNTY COMMISSIONERS: 39 40 Section 1. Tile Future Land Use Map of' the Monroe County 2010 Comprehensive Plan is 41 amended as follows: 42 43 The property located at 97770 and 97702 Overseas Highway, Key Largo, Mile 44 Marker 98, described as parcels of land in section 6, township 62 south, range 39 45 east, Island of Key Largo, Monroe County, Florida, having real estate numbers 46 00091000.000000 and 00091020.000000 is changed from Residential Low (RL) Ord.No.—-2015 Page 3 of 4 EXHIBi,r A to RESOLUTION NO. -2014 1 to Mixed Use/Commercial (MC) as shown on Exhibit 1, attached hereto and 2 incorporated herein. 3 4 Section 2. Severability. If any section, subsection, sentence, clause, itern, change, or provision 5 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such 6 validity. 7 8 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict. 9 with this ordinance are hereby repealed to the extent of said conflict. 10 11, Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 12 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 13 14 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 15 secretary of the State of Florida but shall not become effective until a notice is issued by the 16 State Land Planning Agency or Administration Commission finding the amendment in 17 compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida 18 Statutes. 19 20 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be 21 incorporated in the Monroe County Year 2010 Comprehensive Plan and included on the Future 22 Land Use Map. 23 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida 25 at a regular meeting field on the—day of 12015. 26 27 28 Mayor Danny L. Kolhage 29 Mayor Pro Tern Heather Carruthers 30 Commissioner David Rice 31 Commissioner George Neugent 32 Commissioner Sylvia Murphy 33 34 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 35 36 BY 37 Mayor Danny L. Kolhage 38 39 40 (SEAL) I MONROE COUNTY ATTORNEY 41 ATI EST: AMY HEAVILIN, CLERK AP M,. OVED AS TMOTM: 42 " , 43 STEVEN T. WILLIAMS 44 Deputy Clerk ASSISTANT OU11ITY ATTORNEY Date, I p I q Ord.No. -2015 Page 4 of 4 Exhibit 1 to Ordinance## - 01 r i r r 00091000-000000 00091020-000000 �..- 1. �� I � . J The Monroe County Future Land Use Map is amended as indicated above. Proposal Future Land Use change of two parcels of land in Key Largo having Real Estate Numbers 00091000-000000 and 0GO91020-000000 from Residential Law(RL)to Mixed-Use Commercial(MC). N 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING &ENVIRONMENTAL RESO'U C Es DFPARTMENT 7 We strive to be caring,professional and fair S 9 To: Monroe County Berard, of County Commissioners 10 11 Through. Christine Hurley, AICP, Director of Growth Management 12 'rownsley Schwab, Senior Director of Planning &Environmental Resources 13 14 From: Mayte Santamaria, Assistant Director of Planning 15 Emily Schemper, Principal Planner 16 17 Date: November 17, 2014 18 1.9 Subject; Request by See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc. to 20 amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 21 Comprehensive Plana from Residential Low (RL) to Mixed Use/Commercial (MC) 22 for property located at 97770 and.. 97702 Overseas Highway, mile marker 98, Ivey 23 Largo. 24 25 Meeting: December 10, 2014 26 27 1. REQUEST 28 On June 1.6, 2014,. See the Sea of Key Largo, Inc. and Coconut Bay of Ivey Largo, Inc., doing 29 business as Bay Harbor Lodge, submitted an application requesting to amend the Future Land Use 30 Map (FLUM) of the Monroe County Year 2010. Comprehensive Plan from Residential Low (RL) to 31 Mixed Use/Commercial (MC) for property located at 97770 and 97702 Overseas Highway, Key 32 Largo, having real estate numbers O0091000.000000 and 00091020,000000. 33 34 Existing FLUM Designation. Proposed FLUM Designation R rY l 35 [wile #2014-081 page I of 14 1 11. BACKGROUND INFORMATION 2 3 Site Information 4 Location: MM 98, Key Largo, Bayside 5 Address: 97770 and 97702 Overseas Highway 6 Description: Part of Lot 10, PB 1-59, Section 6, Township 62 South, Range 39 East; Island of 7 Key Largo 8 Real Estate Numbers: 00091000.000000 and 00091020.000000 9 Owner/Applicant: See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing 10 business as Bay Harbor Lodge I I Size of Site: 2.2 acres 12 Land Use District: SR (SC is concurrently proposed) 13 FLUM Designation: RL 14 Tier Designation: III 15 Flood Zones: X; AE (EL 9); AE (EL 10); VE (13) 16 Existing Use: Hotel/Motel 17 Existing Vegetation/Habitat: Developed land 18 Community Character of Immediate Vicinity: Adjacent ]arid uses consist of MU and SC 19 district uses. North: Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing 20 Chiropractor, Conch Republic Woodworks,- West: Florida Bay 21 22 The subject property currently has a Land Use District (LUD) designation of Suburban Residential 23 (SR) and a Future Land Use Map (FLUM) designation of Residential Low (RL). The property was 24 partially within a BLJ-2 district (Medium Business) and partially within a RU-3 district (Multiple 25 Family Residential) prior to September 15, 1986 when it was re-designated as SR (the final adoption 26 of the LUD map was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997, the 27 subject parcels were given their current FLUM designation of RL. 28 29 The subject property is currently developed with a i-notel/hotel. According to the Monroe County 30 Property Appraiser's records, the portion of the sub'ject property assessed as RE #00091020.000000 31 is currently developed with five buildings, with year built dates of 1968, 1971, 1983, 1954 and 1968, 32 The portion of the subject property assessed as RE #00091000.000000 is Currently developed with 33 three buildings, with year built dates of 1967, 1967 and 1967. 34 35 Lawful Nonconformity 36 Although the SR LUD may permit a hotel of up to I I rooms, the RL FLUM designation does not 37 allow hotels. Monroe County Comprehensive Plan (MCCP) Policy 101.4.2 states that, "the principal 38 purpose of the Residential Low ]arid use category is to provide for low-density residential 39 development in partially developed areas with substantial native vegetation," and does riot refer to 40 hotels or other transient residential uses. Further, MCCP Policy 101.4.22 states that, for the RL 41 FLUM category, the allocated density for transient residential uses is 0 rooms/spaces and the 42 maxii-nurn net density for transient residential uses is N/A. 43 44 The existing hotel use is therefore not consistent with the RL FLUM category, as it does not conform 45 to its purpose or density and intensity standards. As such, it is considered a nonconforming use to the 46 provisions of the MCCP and as it was lawfully established, the hotel use may continue to exist per rile #2014-081 Page 2 of 14 I the nonconformity policies provided under MCCP Objective 101.8. The applicant is requesting to 2 amend the FLUM designation for the existing transient use from Residential Low (RL) to Mixed 3 Use Commercial (MC). The proposed FLUM amendment, together with the associated proposed 4 LUD amendment from SR to SC will eliminate the nonconformity of the use. The su ject o 'this stq#' 5 report is the requested FLUM amenchnent. 6 7 The current Planning & Environmental Resources Department's fee schedule (adopted June 19, 8 2013 by Resolution #183-2013) includes a special provision for properties with certain 9 nonconforming uses. The BOCC first adopted this provision as an amendment to the fee schedule on 10 April 18, 2012 by Resolution #127-2012. This resolution amended the Planning & Environmental II Resources Department's fee schedule to waive application fees for property owners applying for a 12 LUD map and/or FLUM amendment that eliminates a lawfully established nonconforming use 13 created with the final adoption of the LUD map and/or FLUM, and which does not create an adverse 14 effect on the community. To be exempt from the FLUM amendment application fee, the property 15 owner must provide satisfactory evidence that the existing use on the site also existed lawfully in 16 1997 and was deemed nonconforming by final adoption of the FLUM. 17 18 On December 23, 2013, Monroe County Planning staff issued a Letter of Understanding (LOU) 19 concerning the property (File # 2013-110; Exhibit 1). As detailed in the 1...OU, staff has found that 20 there is satisfactory evidence indicating that the existing SR LUD designation and RL FLUM 21 designation may have been assigned in error as there had been a motel/hotel on the property on and 22 prior to September 15, 1986. Although the applicant did not propose a new FLUM category at the 23 time of the LOU, staff determined that, if the applicant requests a FLUM designation that permits the 24 existing hotel/motel use, the request would qualify for the fee exemption to the FLUM Amendment. 25 The applicant's request to change the FLUM designation of the property to MC would permit the 26 existing hotel use, and therefore, the request qualifies for the fee exemption. 27 28 It should be noted that although staff determined the existing hotel use was lawfully established, the 29 LOU dated December 23, 2013 did not recognize or otherwise support the total number of 30 hotel/motel rooms (21) existing on the site as lawfully established, and the letter did not address the 31 single permanent dwelling unit listed by the applicant of this map amendment as existing 32 development on the site. This map amendment and any associated documents shall not be used as 33 evidence of the specific number of hotel rooms or other dwelling units lawfully established. In order 34 to receive a determination regarding the lawfully established number of hotelh-notel rooms and/or 35 other dwelling units on the subject property, the property owner Must apply for a Letter of 36 Development Rights Determination. 37 38 Livable CornmuniKeys Plan 39 Comprehensive Plan Policy 101.20.1 states: "Monroe County shall develop a series of Community 40 Master Plans." These "CommuniKeys Plans" implement a vision that was developed by the local 41 community. 42 43 In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable 44 CommuniKeys Master Plan into the Monroe County 2010 Comprehensive Plan. Action [tern 1.3.2 45 within the Key Largo Livable CommuniKeys Master Plan states: "Revise the FLUM and Land Use 46 District Maps to resolve nonconformi ties in the planning area where appropriate." The proposed File #2014-081 Page 3 of 14 I FLUM amendment and associated LUD map amendment implement this Action Item of the adopted 2 Key Largo Livable CommuniKeys Master Plan. 3 4 DRC and Planning Commission Review 5 At its regularly scheduled meeting on September 23, 2014, the Monroe County Development 6 Review Committee (DISC) reviewed the proposed FlAJM amendment. The information provided in 7 the staff report and discussed all the September 23, 2014 meeting supports the Chair's decision to 8 recommend approval to the Planning Commission and Board of County Commissioners (BOCC). 9 to At its regularly scheduled meeting on October 29, 2014, the Monroe County Planning Commission I I reviewed the proposed FLTJM amendment, along with its corresponding LUD amendment, The 12 Planning Commission discussed the applicant's need to comply with Comprehensive Plan Policy 13 101.4.20 prior to adoption by the BOCC (discussed in detail below). The Planning Commission 14 recommended approval to the BOCC of the proposed FLUM amendment, as memorialized through 15 Resolution P34-14 (Exhibit 2). 16 17 111.AMENDMENT REVIEW is 19 Maximum Allocated Density and Intensity by Future Land Use Map Designation Adopted Development Existing FLUNI Type Standards potential based upon density Residential 0.25-0.50 du/ac 0.55-1.1 unit Residential Low(RL) Allocated Density/Acre Transient 0 rooms/spaces 0 rooms/spaces Total site: 2,,2 �acri,s Allocated Density/Acre (95,832 A) Nonresidential 0.20-0,25 FAR 19,166-23,958 4 M',tXiMUn1 Intensity Adopted Development Proposed FLUM Type Standards potential based upon density Mixed Use/Commercial (MC) Residential 1-6 du/ac 2.2-13.2 units Allocated Density/Acre Tolal site: L2 acrcs Transient 5-15 rooms/spaces 11-33 rooms/spaces (95,832,4) —Allocated Density/Acre Nonresidential 0.10-0.45 FAR 9,583—43,124 st' MaxilTIL1111 Intensity Residential: +12 units Net Change in Development Transient: +33 rooms/spaces* Potential Based on FLUM Nonresidential: +19,166 sf 20 21 The above table provides an approximation of the development potential for residential, transient 22 and commercial development. Section 130-156(b) of the Land Development Code states: "The File #2014-081 Page 4 of 14 I density and intensity provisions set out in this section are intended to be applied cumulatively so that 2 no development shall exceed the total density limits of this article. For example, if a development 3 includes both residential and commercial development, the total gross amount of development shall 4 not exceed the cumulated permitted intensity of the parcel proposed for development." 5 6 As shown in the table, the proposed FLUM amendment would result in a maximum increase in 7 residential development potential of 12 dwelling units. The maximum increase in nonresidential 8 development potential would be 19,166 square feet. 9 10 Any proposed new residential or nonresidential use must compete in the Residential or I I Nonresidential Rate of Growth Ordinance (ROGO/NROGO) permit process. An existing affordable 12 residential use may also be transferred to the subject property from a sender site that is located 13 within the Upper Keys Subarea. 14 15 :"Monroe County currently does not award ROGO allocations for the development of NEW transient 16 residential units (e.g., hotel & rnotel rooms), pursuant to MCCP Policy 101.2.6. For the development 17 of transient units in unincorporated Monroe County, existing transient units must be transferred from 18 the same ROGO subarea to a parcel designated as Tier 111, or Tier 111-A which does not propose the 19 clearing of any portion of an upland native habitat patch of one acre or greater in area. 20 21 Compliance with Comprehensive Plan Policy 101.4.20 22 Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the BOCC of) 23 September 21, 2012, with an effective date of November 20, 2012, and applies to this application, 24 Private applications which propose increases in allocated density must comply with the Policy 25 requirements. Based oil the density/intensity analysis, and in order to mitigate for the impacts of 26 approval, one of the following options needs to be addressed prior to adoption of the proposed 27 FLLJM amendment by the BOCC: 28 a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier 111-A SPA located 29 within the Upper Keys Subarea; 30 b. Donation of 12 non-scarified IS Lots designated 'Fier I of-Tier 111-A located within the Upper 31 Keys Subarea; or 32 c. Donation of 12 IS lots designated Tier Ill for affordable housing within the Upper Keys 33 Subarea. 34 35 Both the Pkinning Commission and the BOCC have recontinended amending Policy .101.4.20 to clarify that only 36 FLU M oinendinen.ts which increase residential alloceited elen*s Y vvould be std�ject to the initigation, requirements, 37 eliminating mitigation requiretnenrsfioy- increases in nonresidential intensity. The BOCC anticipates trunsinitting 38 this an'tendinent with the Comprehensive Plan upd(ve in January 2015. Note, even with. the proposed oinendinent 39 beconting effective, the applicant would still need to address the proposed increases in residential allocated density 40 (+12 units), 41 42 Compatibility with the Surrounding Area 43 a. Existing Vegetation/Habitat: Developed land 44 b. Existing Tier Designation: Ill 45 c. Number of Listed Endangered or Threatened Species: None 46 d. Existing Use: Hotel/motel File #2014-081 Page 5 of' 14 I e. Community Character of Immediate Vicinity: Adjacent land consists of MC uses: North: 2 Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing Chiropractor, Conch 3 Republic Woodworks; West: Florida Bay 4 5 The proposed FLUM is not anticipated to adversely impact the community character of the 6 surrounding area. 7 8 Concurrency Analysis (Comprehensive Plan Policy 101.1.1) 9 10 Traffic Circulation (Comprehensive Plan Policy 301.1.1) I I The subject property is located on U.S. I in Key Largo. The property is only accessible by U.S. 1. 12 The 2013 URS Arterial Travel Time and Delay Study for Monroe County indicated a LOS of A ill 13 Key Largo (MM 99.5 to MM 106,0). LJ.S I is required to maintain a level of serve (LOS) of"C" in 14 order to support,development. 15 16 The proposed FLUM is not anticipated to adversely impact the Trqf.11c Circulation LOS. 17 18 Potable Water(Comprehensive Plan Policy 701.1.1) 19 In March 2008, South Florida Water Management District (SFWMD) approved the FKAA's 20 modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Floridian 21 Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98 MGD 22 and a maximum monthly allocation of 809 MG with a limited annual withdrawal frorn the Biscayne 23 Aquifer of 6,492 MG or 17.79 MGD and all average dry season (December I"-April 30") of 17.0 24 MGD. 25 26 The Residential LOS is 66.5 gallons/capita/day. The Non-Residential LOS is 0.35 gallons/sq.ft./day. 27 The overall level of service for potable water is 132 gallons per capita/per/day. 28 29 Maximum Residential: 13 DU X 2.24 (people per household) = 29; 29 X 66.5 gallons per capita per 30 day =1,928.5 Zallons er da_p 31 32 Maximum Nonresidential: 0.35 gal/sq.ft/day. X 43,124 sq.ft.= 15,093.4 gallons per day, 33 34 The proposed FLUM is not anticipated to adversely impact the Potable Water LOS. 35 36 Solid Waste corral rehensive Plan Policy 80 LI.F) 37 Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44 pounds per 38 capita per day or 12.2 pounds per day per equivalent residential unit (ERIJ) and establishes a haul out 39 capacity of 95,000 tons per year or 42,668 ERUs. The Comprehensive plan requires sufficient 40 capacity be available at a solid waste disposal site to accommodate all existing and approved 41 development for a period of three years from the proJected date of completion of the proposed 42 development of use. Monroe County has a solid waste haul-out contract with Waste Management 43 LLC, which authorizes the use of in-state facilities through September 31, 2024, thereby providing 44 the County with approximately ten years of guaranteed capacity. 45 File #2014-081 Page 6 of 14 I Maximum Residential = 13 DUs X 2.24 (People per household) = 29; 29 X 5.44 pounds per capita 2 per day= 158 pounds per day 3 4 The proposed FLUM is rout anticipated to adversely impact the Solid Waste LOS. 5 6 Sanitary Sewer (Cornprehensive Plan Policy 901.1.1 7 The Subject property is presently connected to the Key Largo Wastewater Treatment District central 8 sewer system. The level of service (LOS) for residential and nonresidential flow is 145 gallons per 9 day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan 2000). 10 1.1 Maximum Residential = 13 X 145 = 1,885 gallons per day 12 13 The proposed PLUM is not anticipated to adversely impact the Sanitary Sewer LOS. 14 15 Drainage (Comprehensive Plan Policy 1.001.1.1. 16 All projects shall be designed so that the discharges will meet Florida State Water Quality Standards 17 as set forth in Chapters 17-25 and 17-302, F.A.C, incorporated herein by reference. In addition, all 18 projects shall include an additional 50% of the water quality treatment specified below, which shall 19 be calculated by multiplying the volurries obtained in Section (a) by a factor of 1.5 20 Retention/Detention Criteria (SFWMD Water Quality Criteria 3.2.2.2): 21 22 a) Retention and/or detention in the overall system, including swales, lakes, canals, greenways, 23 etc., shall be provided for by one of the three following criteria or equivalent combinations thereof: 24 (1) Wet detention volume shall be provided for the first inch of runoff from the developed 25 project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is 26 greater, 27 (2) Dry detention volume shall be provided equal to 75 percent of the above amount. 28 computed for wet detention. 29 (3) Retention volurne shall be provided equal to 50 percent of the above amounts computed 30 for wet detention. 31 b) Infill residential development within improved residential areas or subdivisions existing prior 32 to the adoption of this comprehensive plan must ensure that its post-development stormwater run-off 33 will not contribute pollutants which will cause the runoff frorn the entire improved area or 34 subdivision to degrade receiving water bodies and their water quality as stated above. 35 C) New Development and Redevelopment projects which are exempt from the South Florida 36 Water Management District permitting process shall also meet the requirements of Chapter 40-4 and 37 40E-40, F.A.C. 38 39 The proposed FLUM is not anticipated to adversely impact the Drainage LOS. 40 41 Recreation and Open Space (Comprehensive Plan Policy 1201.LI) 42 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy 43 1201.1.1, for resourced-based and activity-based recreation and open space of 0.82 acres of per 44 1,000 persons (functional population). If development occurs at 13 residential dwelling units and File #2014-081 Page 7 of 14 1 2.24 per capita, there would be an additional 29 people located on this property. 2 3 The proposed FLUM is not anticipated to adversely impact Parks and Recreation/Open Space 4 LOS, 5 6 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE 7 PLAN,THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES,AND 8 PRINCIPLES FOR GUIDING DEVELOPMENT 9 10 A. Tice proposed amendment is generally consistent with the following Goals, Objectives and 11 Policies of the Monroe County Year 2010 Comprehensive Plan (Note: compliance with Policy 12 101.4.20 must be established prior to BOCC adoption of the proposed FLUM amendment). 13 Specifically,it furthers: 14 15 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 16 safety of County residents and visitors, and protect valuable natural resources. 17 18 Policy 101.1.1: Monroe County shall adopt level of set-vice (LOS) standards for the following public 19 facility types required by Chapter 9.1-5, F.A.C: roads, sanitary sewer, solid waste, drainage, potable 20 water, parks and recreation, and paratransit. The LOS standards are established in the following 21 sections of the Comprehensive Plan: 22 23 1. The LOS for roads is established in Traffic and Circulation Policy 30 1.1.1; 24 25 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 26 27 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 28 29 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 90 1.1.1; 30 31 5. The LOS for drainage is established in Drainage Policy 100 1.1.1; and 32 33 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1 34 35 Objective 10�1.4: Monroe County shall regulate future development and redevelopment to maintain 36 the character of the community and protect the natural resources by providing for the compatible 37 distribution of land uses consistent with the designations shown on the Future Land Use Map. 38 39 Policy 101A.5: The principal purpose of the Mixed Use/ Commercial land use category is to provide 40 for the establishment of commercial zoning districts where various types of commercial retail and 41 office may be permitted at intensities which are consistent with the community character and the 42 natural environment. 43 44 Policy 101.4.20: In order to implement the Florida Keys Carrying Capacity Study, Monroe County 45 shall promote the reduction in overall County density and intensity and the preservation of Monroe 46 County's native habitat by enacting legislation which implements the following policy statements for File #2014-081 Page 8 of 14 I private applications for future land use map amendments which increase allowable density and/or 2 intensity. Private application(s) means those applications from private entities with ownership of the 3 upland development and parcel(s) of land or includes private upland development on County-owned 4 land. 5 Private applications requesting future land use map designation amendments received after the 6 effective date of this ordinance, which propose increases in allocated density and intensity shall be 7 required to comply with either option (1) or (2) below: 8 (1) For every acre of land, and/or fractions thereof., where there is a request to increase density 9 and/or intensity, a private applicant shall purchase and donate land that is a minimum of twice the 10 size of the parcel subject to the proposed request, which contains non-scarified native upland habitat I I and/or undisturbed wetland habitat to Monroe County for conservation. The following requirements 12 apply: 13 * The donated land shall be designated as 'Tier 1, Tier 11 or Tier 111-A Special Protection Area 14 and be located on Big Pine Key/No Name Key or be within the same sub-area of 15 unincorporated Monroe County as the proposed increase in density and/or intensity. 16 * The land shall be inspected by the Monroe County Biologist to assure it is acceptable for 17 acquisition and donation. 18 * A restrictive covenant shall be recorded to extinguish the development rights on the donated 19 land. 20 0 The Future Land Use Map Designation for the donated land may be designated by the 21 County as Conservation (C). 22 (2) For each requested additional unit of density, a private applicant shall purchase and donate a lot 23 designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which 24 contain non-scarified native upland habitat and/or undisturbed wetland habitat to Monroe County. 25 The following requirements apply: 26 • Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: I lot) ratio to mitigate the 27 request for increased allowable density, pursuant to option (a) or (b) below: 28 29 (a) The donated IS lot(s) shall be designated as Tier 1, Tier flr or 'Fier 111-A Special Protection Area 30 and be located on Big Pine Key/No Naine Key or be within the same sub-area Of unincorporated 31 Monroe County as the proposed increase in density. 32 e The I'S lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for 33 acquisition and donation. 34 0 A restrictive covenant shall be recorded to extinguish the development rights on the donated 35 land. 36 0 The Future Land Use Map Designation for the donated land may be designated by the 37 County as Conservation (C). 38 (b) The donated IS lot(s) shall be designated as Tier 111, suitable for affordable housing and must be 39 within the same sub-area of unincorporated Monroe County as the proposed increase in density. 40 e The IS lot(s) shall be dedicated to Monroe County for affordable housing projects. 41 42 For options (1) and (2) described above, the parcel which is the subject of the request to increase its 43 density and intensity must be designated as Tier III and have existing public facilities and services 44 and available central wastewater facilities. 45 File #2014-091 Page 9 of 14 I Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are 2 inconsistent with the applicable provisions of the land development regulations and the Future Land 3 Use Map, and structures which are inconsistent with applicable codes and land development 4 regulations. 5 6 Objective 101.11: Monroe County shall implement measures to direct future growth away from 7 environmentally sensitive land and towards established development areas served by existing public 8 facilities. 9 to Objective 101.20: Monroe County shall address local community needs while balancing the needs of 11 all Monroe County communities, These efforts shall focus on the human crafted environment and 12 shall be undertaken through the Livable CommuniKeys Planning Program. 13 14 Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010 Comprehensive 15 Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following 16 Community Master Plans have been completed in accordance with the principles outlined in this 17 section and adopted by the Board of County Commissioners: 18 19 5. The Key Largo Livable Coma-runiKeys Master Plan is incorporated by reference into the 2010 20 C.omprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives 21 in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the 22 meanings and requirements for implementation are synonymous. 23 24 B. The proposed amendment is consistent with the following Key Largo Livable 25 CommuniKeys Plan Action Item: 26 27 Action Item 1.3.2: Revise the FLUM. and Land Use District Maps to resolve nonconfornri ties in the 28 planning area where appropriate. 29 30 C. The proposed amendment is consistent with the Principles for Guiding Development for the 31 Florida Keys Area, Section 380.0552(7),Florida Statutes. 32 33 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with 34 the principles for guiding development and any amendments to the principles, the principles shall be 35 construed as a whole and no specific provision shall be construed or applied in isolation frorn the 36 other provisions. 37 38 (a) Strengthening local government capabilities for managing land use and development so that local 39 government is able to achieve these objectives without continuing the area of critical state concern 40 designation. 41 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass 42 beds, wetlands, fish and wildlife, and their habitat. 43 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 44 tropical vegetation (for example, hardwood harnmocks and pinelands), dune ridges and beaches, 45 wildlife, and their habitat. File #2014-081 Page f 0(,& 14 I (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 2 development. 3 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 4 Keys. 5 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 6 and ensuring that development is compatible with the unique historic character of the Florida Keys. 7 (g) Protecting the historical heritage of the Florida Keys. 8 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 9 major public investments, including: 10 `H 1. The Florida Keys Aqueduct and water supply facilities; 12 2. Sewage collection, treatment, and disposal facilities; 13 3 Solid waste treatment, collection, and disposal facilities-, 14 4. Key West Naval Air Station and other military facilities; 15 5. Transportation facilities; 16 6. Federal parks, wildlife refuges, and marine sanctuaries; 17 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 18 8. City electric service and the Florida Keys Electric Co-op; and 19 9. Other utilities, as appropriate. 20 21 (i) Protecting and improving water quality by providing for the construction, operation, 22 maintenance, and replacement of storniwater management facilities; central sewage collection; 23 treatment and disposal facilities; and the installation and proper operation and maintenance of onsite 24 sewage treatment and disposal systems. 25 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation 26 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 27 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment 28 facilities through permit allocation systerns. 29 (k) Limiting the adverse impacts Of public investments on the environmental resources of the Florida 30 Keys. 31 (1) Making available adequate affordable housing for all sectors of the population of the Florida 32 Keys. 33 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 34 natural or manmade disaster and for a postdisaster reconstruction plan. 35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 36 maintaining the Florida Keys as a unique Florida resource. 37 38 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the 39 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 40 41 C. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes (F.S.). 42 Specifically, the amendment furthers: 43 44 163.3 161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 45 enhance present advantages; encourage the most appropriate use of land, water, and resources, 46 consistent with the public interest; overcome present handicaps; and deal effectively with future 47 problems that may result from the use and development of land within their jurisdictions, Through File #2014-081 Page 11 of 14 I the process of comprehensive planning, it is intended that units of local government can preserve, 2 promote, protect, and improve the public health, safety, comfort, good order, appearance, 3 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 4 efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, 5 and other requirements and services; and conserve, develop, utilize, and protect natural resources 6 within their jurisdictions 7 8 163.3 161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal 9 status set out in this act and that no public or private development shall be permitted except in 10 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in I I conformity with this act. 12 13 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, and 14 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 15 development of the area that reflects community commitments to implement the plan and its 16 elements. These principles and strategies shall guide future decisions in a consistent manner and 17 shall contain programs and activities to ensure comprehensive plans are implemented. The sections 18 of the comprehensive plan containing the principles and strategies, generally provided as goals, 19 objectives, and policies, shall describe how the local government's programs, activities, and land 20 development regulations will be initiated, modified, or continued to implement the comprehensive 21 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 22 regulations in the comprehensive plan but rather to require identification of those programs, 23 activities, and land development regulations that will be part of the strategy for implementing the 24 comprehensive plan and the principles that describe how the programs, activities, and land 25 development regulations will be carried out. The plan shall establish ineaningful and predictable 26 standards for the use and development of land and provide meaningful guidelines for the content of 27 more detailed land development and use regulations. 28 29 163.3 177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon surveys, 30 studies, and data regarding the area, as applicable, including: 31 a. The amount of land required to accommodate anticipated growth. 32 b. The projected permanent and seasonal population of the area. 33 c. The character of undeveloped land. 34 d. The availability of water supplies, public facilities, and services. 35 e. The need for redevelopment, including the renewal of blighted areas and the elimination of 36 nonconforming uses which are inconsistent with the character of the COrm-nUnity. 37 f. The compatibility of uses on lands adjacent to or closely proximate to military installations. 38 g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent 39 with s. 333.02. 40 h. The discouragement of urban sprawl. 41 i. The need for job creation, capital investment, and economic development that will strengthen and 42 diversify the community's economy. 43 j. The need to modify land uses and development patterns within antiquated subdivisions. 44 45 163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following 46 analyses: File, #2014-08 Page 12 of 14 I a. An analysis of the availability of facilities and services. 2 b. An analysis of the suitability of the plan amendment for its proposed use considering the character 3 of the undeveloped land, soils, topography, natural resources, and historic resources on site. 4 c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this 5 section. 6 7 163,3194(l)(b), F.S. — All land development regulations enacted or amended shall be consistent with 8 the adopted comprehensive plan, or element or portion thereof, and any land development 9 regulations existing at the time of adoption which are not consistent with the adopted comprehensive 10 plan, or element or portion thereof, shall be amended so as to be consistent. If a local government 11 allows an existing land development regulation which is inconsistent with the most recently adopted 12 comprehensive plan, or element or portion thereof, to remain in effect, the local government shall 13 adopt a schedule for bringing the land development regulation into conformity with the provisions of 14 the most recently adopted comprehensive plan, or element or portion thereof. During the interim 15 period when the provisions of the most recently adopted comprehensive plan, or element or portion 16 thereof, and the land development regulations are inconsistent, the provisions of the most recently 17 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard 18 to an application for a development order. 19 20 163.3194(3)(a), F.S. — A development order or land development regulation shall be consistent with 21 the comprehensive plan if the land uses, densities or intensities, and other aspects of development 22 permitted by such order or regulation are compatible with and further the objectives, policies, land 23 uses, and densities or intensities in the comprehensive plan and if it meets all other criteria 24 enumerated by the local government, 25 26 163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements thereof 27 shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on 28 the development of lands and waters within an area. It is the intent of this act that the adoption and 29 enforcement by a governing body of regulations for the development of land or the adoption and 30 enforcement by a governing body of a land development code for an area shall be based on, be 31 related to, and be a means of implementation for an adopted comprehensive plan as required by this 32 act. 33 34 V1. PROCESS 35 36 Comprehensive Plan Amendments may be proposed by the BOCC, the Planning Commission, the 37 Director of Planning, or the owner or other person having a contractual interest in property to be 38 affected by a proposed amendment. The Director of Planning shall review and process applications 39 as they are received and pass them onto the Development Review Committee and the Planning 40 Commission. 41 42 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 43 review the application, the reports and recommendations of the Department of Planning & 44 Environmental Resources and the Development Review Committee, and the testimony given at the 45 public hearing. The Planning Commission shall submit its recommendations and findings to the 46 BOCC. The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive He #2014-081 Page 13 of 14 I plan amendment, and considers the staff report, staff recommendation, and the testimony given at 2 the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning 3 Agency. If the amendment is transmitted to State Land Planning Agency, they review the proposal 4 and issue an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC 5 report, the County has 180 days to adopt the amendment, adopt the amendment with changes or not 6 adopt the amendment. 7 8 VII. STAFF RECOMMENDATION 9 10 Staff recommends approval, provided compliance with Comprehensive Plan Policy 101.4.20 is 11 established prior to adoption of the proposed FLUM amendment by the BOCC. Based on the 12 density/intensity analysis, and in order to mitigate for the impacts of approval, one of the following 13 options needs to be addressed: 14 a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier 111-A SPA located within 15 the Upper Keys Subarea; 16 b. Donation 12 non-scarified IS Lots designated Tier I or Tier 111-A located within the Upper 17 Keys Subarea; or 18 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper Keys Subarea. 19 20 21 VHL EXHIBITS 22 23 1. Letter of Understanding dated December 23, 2013, concerning the Coconut Bay ol'Key Largo, 24 and the See the Sea of Key Largo properties. 25 2. Planning Commission Resolution P34-14. 26 3. Proposed FLUM amendment for 0009 1000.000000 and 00091020.000000 in Key Largo. HIe #2 014-08 1 Page 14 of 14 Exhibit I to Staff Report County of Monroe Growth Management Division Pigntling&EnvirourngoW Resourm [Q so oun!J cornmilli2agr.1 12enaElMent Mayor Sylvia J.Murphy,District 5 2798 Overseas Highway,Suite 4 10 Marathon,Ft, 33050 Mayor Pro Tern,Danny L.Kolhage,District I George Neugent District 2 Voice: (305)289-2500 R Heather Carruthers,District 3 FAX: (305)289-2536 David Rice,District 4 December 23, 2013 De Haas Consulting&Design David De Haas Grosseck 89975 Overseas Highway#1 Tavernier,FL 33070 SUBJECT. LETTER OF UNDERSTANDING CONCERNING THE'COCONUT DAY OF KEY LARGO INC' AND THE 'SEE THE SEA OF KEY LARGO INC' PROPERTIES,DOING BUSINESS AS BAY HARBOR LODGE, LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY(US 1),KEY LARGO,HAVING REAL ESTATE NUMBERS 00091000.000000 AND 00091020.000000 Mr, De Haas Grosseck, Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding (LOU). On September 19, 2013, a Pre-Application Conference regarding the above-referenced property was held at the office of the Monroe County Planning & Environmental Resources Department in Marathon. Attendees of the meeting included David De Haas Grosseck and Eric Handte (hereafter referred to as "the Applicant") and Matt Coyle, Planner, and Joseph Haberman, Planning & Development Review Manager(hereafter referred to as"Staff'). Materials presentedfor review included: (a) Pre-Application Conference Request Form; (b) Monroe County Property Record Card; (c) Monroe County Land Use District(LUD)Map and Future Land Use(FLU)Map; (d) Monroe County Code(MCC);and (e) Monroe County Comprehensive Plan(MCCP). The Applicant requested a special letter of understanding in order to confirm whether the existing motel/hotel use on the subject property is lawfully nonconforming and how to resolve the nonconforming issue using the map amendment process. Bay Harbor Lodge,Key Largo,Letter of Understanding(File#2013-110) Page I of 6 f l� l Yluo y � l i i url y� I M / i Subject Property with Land Use Districts Overlaid Aerial dated 2412 &atus of Existing Nonconforming Use: The subject property currently has a LUD designation of Suburban Residential (SR) and a FLU designation of Residential Low(RL). It was partially within a BU-2 district (Medium Business) and partially within a RU-3 district (Multiple Family Residential) prior to September 15, 1986 when it was re-designated as SR(the final adoption of the LUD map was in 1992).. Note: A Land Use District Map Determination, known as a boundary deterinination, was filed in 1988 by a previous property owner, Laszlo Simoga. The application specifically requested a. LUD change from SR to Suburban Commercial (SQ. The application was not approved. The subject property is currently developed with a motel/hotel of 21 rooms (note: this total number of rooms has yet to be confirmed by Staff as lawfully established). There is not a building permit on file for the initial construction of the motelihotel. According to the Monroe County Property Appraiser's records, the portion of the subject property assessed as RE 00091020.0000 0 is currently developed with five buildings, with year built dates of 1968, 1971, 1983, 1954 and 1968 respectively, The only building permit on file for Bay Harbor Lodge,Key Largo,Letter of Understanding(File 2 13,-110) Page 2 of 6 a residential building is Building Permit#17938,which approved a residence with 2 bedrooms in 1969. There are several building permits on file, dating back to 1967. Most of the building permits on file refer to the name of a hotel. Building permits on file that were issued prior to September 15, 1986 include: #14532 (1967- Fla, Bay Motel), #17938 (1969 — no reference to hotel), #3 0704(1973 —Bay Harbor Lodge), #C-3629(1978—Bay Harbor Lodge),and#C-19860 (1986—Bay Harbor Lodge), According to the, Monroe County Property Appraiser's records, the portion of the subject property assessed as RE 00091000,000000 is currently developed with three buildings, with year built dates of 1967, 1967 and 1967 respectively. Building permits on file for residential buildings are Building Permit #2799, which approved a motel building with 2 units/rooms in 1961, Building Permit #12694, which approved a residence with 2 bedrooms in 1967, and Building Permit#17296,which approved a residence with 2 bedrooms,in 1969. There are several building permits on file, dating back to 1961. Most of the building perrnits on file refer to the name of a hotel. Building permits on file that were issued prior to September 15, 1986 include: #2799 (1961- motel, unspecified), #12694 (1967 — no reference to hotel), #17040 (1968 — no reference to hotel), #-17296(1969 --no reference to hotel), #25075 (1972—no reference to hotel), #30703 (1973—no reference to hotel),and#C-11417(1982 --no reference to hotel). Pursuant to MCC §130-94(c)(6), in the SR LLTD, hotels of fewer than 12 rooms may be Permitted with a major conditional use permit, provided that a) the parcel proposed for development has an area of at least two acres, b) all signage is limited to that permitted for a residential use, and c) the parcel proposed for development is separated from any established residential use by at least a class C bufferyard, and d)l the use is compatible with land uses established in the immediate vicinity of the parcel proposed for development. Nonetheless, although a hotel of up to I I rooms may be permitted in the SR LUD, the RL FLU category does not allow hotels. MCCP Policy 101A.2, which provides the purpose of the 1�,L FLU, does not refer to hotels or other transient residential uses. Further, MCCP Policy 101.4.22 states, that, for the R1. FLUM category, the allocated density for transient residential uses is 0 rooms/spaces and the maximum net density for transient residential uses is N/A. The hotel use is not consistent with the RL FLUM category, as it does not conform to its purpose, which is set forth in MCCP Policies 10 1.4.2 (principal purpose of the Residential Low land use category is to provide for low-density residential development ill partially developed areas with substantial native vegetation) and 101,4.22. As such it is considered a nonconforming use to the provisions of the MCCP and as it was lawfully established, the hotel use may continue to exist per the nonconformity policies provided under MCCP Objective 101.9. Although the hotel use is permitted in SR LUD, the provision of the SR LUD allowing a hotel is inconsistent with the superseding RL FLU category, in which the SR LUD must be consistent. As such it is considered a nonconforming use to the MCC and as it was lawfully established, the hotel use may continue to exist per the nonconforming use regulations provided under MCC §102-56. Bay Harbor Lodge,Key Largo,Letter of Understanding(File#2013-110) Page 3 of 6 Note: Pursuant to MCC §102-55, all known, lawful noncorifbrff a ng uses may be registered with the Planning & Environmental Resources Department. Once discovered and determined to be lawful, the planning director, or his or her designee, shall add recognized lawful nonconforming uses to an official registry. Total Number of MotellHotel Rooms and Letter ofDevelopment Rights Determination: This letter does not recognize, or otherwise support, the total number motel/hotel rooms (21) referred to, in the pre-application conference application as lawfully established. In order to receive a determination regarding the lawfully established number of moteUhotel rooms, the property owner must submit a Letter of Development Rights Determination application, Map Amendment Process to Turn the Existing Nonco??forming Use into a Conforming Use: The Board of County Commissioners passed and adopted a Planning & Environmental Resources Department's fee schedule (currently Resolution 9183-2013). Of relevance to the subject property and the development thereon, the fee schedule currently includes the following 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 [Land Use District (LUD)] map and/or the official [Future Land Use Map (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 thi'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. 'Ibis fee waiver Letter of Understanding shall not obligate the staff to recommend approval or denial of the proposed LUD or FLUM Category, Resolution #183-2013 requires the property owner to provide satisfactory evidence that the existing use on the site 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 1997and was deemed nonconforming by final adoption of the FLUM. Following a review, as the hotel buildings were constructed prior to the adoption of the Land Development Code in 1986, Staff has determined that the existing hotel use existed lawfully in 1992 and was deemed nonconforming by the final adoption of the LUD map. Staff has also determined that the existing Bay Harbor Lodge,Key Largo, Letter of Understanding(File#2013-110) Page 4 of 6 hotel use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the FLUM. Staff has found that there is satisfactory evidence indicating that the existing SR LUD designation and ILL FLUM designation may have been assigned in error as there had been a motel/hotel on the property on and prior to September 15, 1986. If you choose new designations that permit the existing hotet/motel use, Staff has determined that such applications qualify for 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. You are responsible for all other fee requirements, including the fees for advertising ($245.00 per application) and noticing ($3.00 per each surrounding property per application). 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 application fees. Resolution #183-2013 requires the property owner to apply for a LUD and/or FLUM designation(s) that would eliminate the non-conforming use. Further, it is the responsibility of the property owner to decide upon a new LUD and FLUM designation and submit the corresponding applications and noticing/advertising fees. In addition, Staff is not obligated to recommend approval of any LUD or FLUM designations proposed by the property owner, Resolution #183-2013 requires a LUD and/or FLUM designation(s) that would not create an adverse impact to the community. Staff is required to review the application on its merit and determine upon a full review that it would not create an adverse impact to the community and it is consistent with the provisions of the MCCP and MCC. Further, private applications requesting a FLU amendment must comply with the requirements of MCCP 101.4.20, which concerns amendments proposing an increase in allocated density and/or intensity. This policy requires the purchase and donation of land to offset the proposed increase (includes the requirement to donate acreage or Improved Subdivision(IS) lots), Note: The contiguous, neighboring property to the southwest (assessed as #00091010.000000) was granted a FLUM amendment from Residential Low (RI..) to Mixed Use / Commercial (MC) in 2008, as memorialized by Ordinance #025-2008. In addition, it was granted a LUD amendment from Suburban Residential (SR) to Mixed Use(MU)in 2009, as memorialized by Ordinance#005-2009. Another neighboring property to the southwest (assessed as RE #00091090.000000) was granted a FLUM amendment from Residential High (RH) to Mixed Use / Commercial (MC) in 2008, as memorialized by Ordinance #026-2008. In addition, it was granted a LUD amendment from Urban Residential Mobile Home (URM) to Mixed Use (MU) in 2009, as memorialized by Ordinance#006-2009, Bay Harbor Lodge,Key Largo,Letter of Understanding(File 42013-110) Page 5 of 6 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, 1100 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 3 3 05 0. We trust that this information is of assistance, If you have any questions regarding the contents of this letter, or if we may her assist you with your project, please feel free to contact our Marathon office at(305)289-2500. Sincerely yours, Town, ey 7c"hwalb, Senior Director of Planning&Environmental Resources CC: Joseph Haberman, Planning&Development Review Manager Mayte Santarnaria, Assistant Director of Planning&Environmental Resources Michael Roberts, Senior Administrator of Environmental Resources Bay Harbor Lodge,Key Largo,Letter of Understwiding(File#2013-110) Page 6 of 6 uwACYa Ad Cq Is w, IR IA P w w\ "no umm=at MAP p w ro n�ro r!r ,.., r„ �"�,„ •��CAI �Q r���`�" 4 �p vti RU-4 oG ;° ".. r !"r �" � •i� �; �a," � as�„ �a 1 .. _ _,m.... . 1 k Exhibit 2 to Staff Report r C 5 6 MONROE CC)llNTV, FLORIDA 7 PLANNING II' G COMMISSION RESOLUTION PAC.).P34-I4 8 9 A RESOLUTION BY THE MONROE COUNTY PLANNING 1.0 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE 11 BY TFIE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE 1.3 LAND USE MAP FROM RESIDENTIAL LOW (RL) TO MIXED 14 USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 97770 15 AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 1.6 98, DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP 17 62 SOUTH, RANGE 39 EAST, ISLAND OF KEY I:..,ARGO. MONROE 18 COUNTY, FLORIDA, HAVING REAL ESTATE TyATF. NUMBERS 19 0009I0()07 000000 AND 00091020.000000, AS PR.C7P'OSE'D BY SEE 20 THE SEA OF KEY LARGO, INC. AND COCONUT BAY OF KEY 2.1 LARGO, INC:.; PROVIDING FOR SI VI RABILITY; PROVIDrNG FOR 22 REPEAL OF CONFLICTING PROVISIONS.- PROVIDING FOR 23 TR.ANSM1 I`TAL O THE STATE LANE) PLANNING AGENCY AND 24 THE SECRETARY CIF, STATE: PROVIDING FOR INCLUSION IN 25 T°IIE MONROE COUNTY COMPREHENSIVE FLAN AND FOR 26 AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING 27 FOR AN EFFECTIVE DATE. 28 29 30 WHEREAS, the subject property is located at: 97770 and 97702 Overseas highway, 31 approximate Mile Marker 98, described as parcels of land in Section 6, Township 62 South, 32 Range 39 I"'ast, Key Largo, Monroe County, Florida, having real estate; numbers 33 0009I 000.000000 and 00091020,000000; and 34 35 WHEREAS, during a regularly scheduled meeting held oil September 23, 2014, the 36 Monroe County Development Review Committee reviewed the application and recommended 37 ;approval; and 38 39 WHERE AS, during a regularly scheduled meeting held on October 29, 2014, the 40 Monroe County Planning Commission held a public hearing for the purpose of considering the 41 transmittal to the State .Land Planning Agency, for review and comment, of a proposed 42 amendment to the Future Land Use Map of"the: Monroe County Year 2010 Comprehensive Man, 43 as requested by See the Sea of Rey Largo, Inc. and Coconut Bay of Key Largo, Inc., to amend 44 the subject property's Future Land Use Map designation frorn Residential Low (RI.,), to Mixed 45 Use/Commercial (MC); and 46 Resolution#P34-14 File 420 1 4-08 1 Page ] of3 1 WHERE AS, the Planning Commission was presented with the following documents and 2 otber information relevant to the request, which by reference is hereby incorporated as part of the 3 record of said hearing: 4 5 1. Request for a,Future Land Use Map (FLUM) amendment application, received by the 6 Plan-ning& Environmental ]resources Department on June 16,2014(File#2014- 7 081); and 8 2. Staff report prepared by Emily Schemper, Principal Planner,dated October 20, 2014; 9 and 10 1 Draft Ordinance; and 11 4. Sworn testimony of Monroe County Planning& Environmental Resources 12 Department staff, and 13 5. Advice and Counsel of Steve Williams,Assistant County Attorney,and John Wolfe, 14 Planning Commission Counsel; and 15 16 WHEREAS. the Planning Commission discussed the applicant's need to comply with 17 Comprehensive Plan Policy 101.4.20 prior to adoption by the BOCC. Based on the 18 density/intensity analysis, and in order to mitigate for the impacts of approval, one of the 19 following options needs to be addressed: 20 a. Donation of 4.4 acres of non-scarified land designated 'Tier I or Tier 111-A SPA 21 located within the Upper Keys Subarea; or 22 b. Donation of 12 non-scarified IS Lots designated Tier I or Tier 111-A located within the 23 Upper Keys Subarea; or 24 c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper 25 Keys Subarea. 26 27 WHEREAS, based upon the information and documentation submitted, the Planning 28 Commission makes the following Findings of Fact and Conclusions of Law: 29 30 1 proposed Fl..,I.-JM is not anticipated to adversely impact the community character 31 of the surrounding area; and 32 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan 33 adopted Level of Service; and 34 3. The proposed amendment is consistent with the Goals, Ot1jectives and Policies of the 35 Monroe County Year 2010 Comprehensive Plan, contingent upon the applicant's 36 compliance with Policy 101.4.20 prior to adoption by the BOCC; and 37 4. The proposed amendment is consistent with the Key Largo Comrnunity Master Plan; 38 and 39 5. The proposed amendment is consistent with the Principles for Guiding Development 40 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 41 Statute; and 42 6. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute, 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION 45 OF MONROE COUNTY, FLORIDA: Resolution OP34-14 File 4.2014-081 Page 2 of 3 I The Monroe County Planning Commission recommends the Future Land Use Map of the 2 Monroe County Year 2010 Comprehensive Plan be amended as stated below, contingent upon 3 compliance with Comprehensive Plan Policy 101.4.20 prior to adoption by the BOCC: 4 5 The property described as parcels of land in Section 6, Township 62 South, Range 39 East, Key 6 Largo, Monroe County, Florida, having real estate numbers 00091000.000000 and 7 00091020.000000, is changed from Residential Low(RL)to Mixed Use/Commercial (MC). 8 9 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, 10 Florida, at a regular meeting held on the 29"' day of October, 2014. 11 12 William Wiatt, Chair Yes 13 Denise Werling, Commissioner t ...-Absen 14 Jeb Hale. Commissioner Yes — 15 Elizabeth LLJ�tburg, Commissioner —Yes 16 Ron Mille . Commissioner Yes__ 17 is PLANNING 0 SSK1! l7� -NTY, FLORIDA 19 By 20 William Wiatt, (.'hair 21 Ik 22 Signed this Jq__ day of_A_ ocv..._. 23 24 Monroe County Planning Commission Attorney 25 pproved As To E rjn 26 27 FILED WITH THE ---------------------------------- .. ....... 28 Date:29 ww 19 2014 AGENCY CLERK Resolution#P34-14 File#2014-081 Page of3 Exhibit 3 to Staff Report d r r�L �t'flr� i R RL Ltgi i 11 �' Growth Management Division We strive to be caring,professional,and Pair. �14 is"P 9R The Monroe County Future Land Use Map is proposed to be amended as indicated above and briefly described as: ' Key:Key Largo Mile Marker.98 Map Amendment# n Acreage:2.21 Land Use District Map#: 139 SR Ordinance No,: �h d i Date ofAaopifon: Proposal R �s � fS r„,ro Lae L' � a°�:�:�� imam '• ��/� ;p i , Property Description: se l aaD,L(lidti�1� I,,.GG 1. luur,r„1��,«w2��PE �� 1�.r.1�,�J