Loading...
Item R8 �s R.8 r`, Coin of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.���` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: R.8 Agenda Item Summary #7255 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 1:30 PM PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Urban Residential (UR)to Suburban Commercial (SC)/Institutional (1) Overlay for 32 Ocean Reef Drive, Ocean Reef, Key Largo, as proposed by Ocean Reef Chapel, Inc. (File 2019-221) ITEM BACKGROUND: On November 12, 2019, the Planning and Environmental Resources Department received an application from Smith/Hawks, PL (the "Agent") on behalf of Ocean Reef Chapel, Inc. (the "Property Owner" and the "Applicant") to amend the Monroe County Land Use District (Zoning) Map from Urban Residential (UR) to Suburban Commercial (SC) / Institutional (INS) Overlay for 32 Ocean Reef Drive, Ocean Reef, Key Largo (the "Property"). The Applicant has also requested a corresponding Future Land Use Map (FLUM) amendment for the Property from Residential High (RH)to Institutional (INS). The subject of this staff report is the proposed Zoning amendment. ML h U�tit ti.' s Existing Land Use(Zoning)District Proposed Land Use(Zoning)District Packet Pg. 3526 R.8 The Applicant is proposing the Zoning amendment in order to redevelop the nonconforming institutional use (church) on the property, the Ocean Reef Chapel, with a larger floor area than currently exists. The Applicant's full explanation and justification of the proposed amendments is included in the file for the application (File 2019-221). Community Meeting and Public Participation In accordance with LDC Section 102-159(a), a community meeting was held on January 8, 2020, at 5:05 P.M. at the Property to discuss the proposed Land Use District (Zoning) Map amendment and corresponding Future Land Use Map (FLUM) amendment, and to provide for public participation. There was one (1) attendee who had questions about the design process. Development Review Committee and Public Input At a regular meeting held on February 25, 2020, the Development Review Committee (DRC) considered the proposed Zoning amendment, provided for public comment and recommended approval through DRC Resolution 06-20. Planning Commission and Public Input At a regular meeting held on May 27, 2020, the Planning Commission held a public hearing to consider the proposed amendment, provided for public comment, and recommended approval of the proposed Zoning amendment through PC Resolution P14-20. The proposed amendment would result in the following changes to potential density and intensity on the site: Maximum Allocated De sity and Intensity by Land Use District(Zoning Map Designation Maximum development Existing Zoning Type Adopted Standards potential based upon density/intensity Residential Urban Residential(UR) Allocated Density 6 du/acre 7.66 units TDR/Market Rate Residential 12 du/buildable acre 12.26 units Total Upland Area: 1.277 acres Max Net Density (55,626.12 sf) Affordable Residential Max Net 25 du/buildable acre 25.54 units Density 1.02 buildable acres Transient 10 rooms/spaces per 12.77 rooms or Allocated Density acre spaces (1.277 ac—0.20 open space ratio) Nonresidential 0 FAR 0 SF Maximum Intensity Packet Pg. 3527 R.8 Development Proposed Zoning Type Adopted Standards potential based upon density Residential Suburban Commercial(SC)/ Allocated Density 0 du/acre 0 units Institutional(INS)Overlay' TDR/Market Rate Residential N/A N/A Total Upland Area: 1.277 Max Net Density acres (55,626.12 sf) Affordable Residential Max Net N/A N/A Density Transient 3-15 rooms/spaces per 3.83 - 19.16 1.02 buildable acres acre rooms/spaces Allocated Density (1.277 ac—0.20 open space ratio) Nonresidential 0.30 FAR 16,688 SF Maximum Intensity Residential Market Rate Allocated: -7.66 units TDR/Market Rate Residential Max Net: -12.26 units Net Change in Development Affordable Residential Max Net: -25.54 units affordable Potential Based on Zoning Transient Allocated:+6.39 rooms or spaces Nonresidential: +16,688 SF 'Sec. 130-125. - Institutional Use Overlay (INS). The Institutional Use zoning overlay district provides classifications of property for institutional uses by federally tax-exempt, non-profit facilities, including,but not limited to, educational, scientific, religious, social service, cultural, health care, and recreational organizations. Property identified on the Monroe County Future Land Use Map with a designation of"INS" may have any land use district as its designated zoning category. The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: Residential Nonresidential Allocated Density Maximum Net Density Maximum Intensity (Per Upland Acre) (Per Buildable Acre) (Floor Area Ratio) 0 du N/A 0.30 3-15 rooms/spaces 6-24 rooms/spaces As shown in the blue portion of the table, the proposed Zoning amendment would result in a decrease of 7.66 units in permanent allocated residential development potential; a decrease of 12.16 Packet Pg. 3528 R.8 units in max net density residential potential for market rate units with the use of TDRs; a decrease of 25.54 units in affordable residential development potential; an increase of 6.39 rooms or spaces for transient units; and an increase in nonresidential development potential up to 16,688 square feet. Staff has found that the proposed Zoning amendment is consistent with the Monroe County Year 2030 Comprehensive Plan and the Monroe County Land Development Code. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2019-221 BOCC SR 09.16.2020 Zoning_Amendments I 1 X 17_00081740-000100 red LUD Ordinance Ex.1_LUD_Ord_MAP FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 08/26/2020 12:53 AM Peter Morris Completed 08/26/2020 2:34 AM Packet Pg. 3529 R.8 Assistant County Administrator Christine Hurley Completed 08/26/2020 12:40 PM Purchasing Completed 08/26/2020 1:08 PM Budget and Finance Completed 08/26/2020 3:19 PM Maria Slavik Completed 08/26/2020 3:21 PM Liz Yongue Completed 08/26/2020 3:48 PM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg. 3530 R 8.a rt 1S � .�fis+, 2 g 3 e 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 N 9 To: Monroe County Board of County Commissioners 10 2 11 Through: Emily Schemper, CFM, AICP, Senior Director of Planning & Environmental Resources 0 12 13 From: Cheryl Cioffari, AICP, Assistant Director of Planning 14 15 Date: August 24, 2020 �C 16 17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 18 Monroe County Land Use District(Zoning)Map from Urban Residential(UR)to Suburban 19 Commercial (SC) / Institutional (1) Overlay for 32 Ocean Reef Drive, Ocean Reef, Key 20 Largo as proposed Ocean Reef Chapel, Inc. (File 2019-221) 21 22 Meeting: September 16, 2020 23 24 L REQUEST 25 26 On November 12, 2019, the Planning and Environmental Resources Department received an 27 application from Smith/Hawks, PL (the"Agent") on behalf of Ocean Reef Chapel, Inc. (the"Property 28 Owner" and the "Applicant") to amend the Monroe County Land Use District (Zoning) Map from 29 Urban Residential(UR)to Suburban Commercial(SC)/Institutional(INS)Overlay for 32 Ocean Reef 30 Drive, Ocean Reef, Key Largo (the "Property"). The Applicant has also requested a corresponding 31 Future Land Use Map (FLUM) amendment for the Property from Residential High (RH) to a) 32 Institutional (INS). The subject of this staff report is the proposed Zoning amendment. Ui 4 W I f 1 N N 4 N Irt>}_ ttt E Cb - t8 } 33 34 Existing Land Use(Zoning)District Proposed Land Use(Zoning)District BOCC SR 09.16.2020 Page 1 of 8 File 42019-221 Packet Pg. 3531 R 8.a 1 2 IL BACKGROUND INFORMATION 3 Site Information: 4 Address: 32 Ocean Reef Drive, Key Largo, Ocean Reef Club i 5 Parcel ID: 00081740-000100 6 Owner/Applicant: Ocean Reef Chapel, Inc. 7 Size of Property: 1.277 acres per survey completed by Kenneth 8 J. Buchanan P.S.M. of Watham Group, Inc. dated and signed 9 November 2 2019 10 FLUM Designation: Residential High (RH) .2 _ st ,. �i.0, ht�C 11 Land Use District: Urban Residential (UR) 0� , � �� ; '�� .� 12 Tier Designation: none 13 Flood Zones: AE (EL 9) 14 CBRS: No 15 Existing Use: Institutional (Ocean Reef Chapel)`,»' ��� �� a �� ' < 16 Existing Vegetation/Habitat: Developed Land 17 Community Character of Immediate Vicinity: Adjacent land �<«������;, 18 uses include single-family residential uses to the northeast 19 multi-family residential uses to the east (formerly the medical £ �� 20 center) and nonresidential uses to the south. 21 22 The Property currently has a Land Use District(Zoning) designation of Urban Residential (UR) and a 23 Future Land Use Map (FLUM) designation of Residential High (RH). The Property was within the M 24 BU-2 (medium business district) zoning district prior to September 15, 1986. The Property was re- 25 designated as UR (urban residential) with the final adoption of the LUD map in 1992. With the 26 adoption of the Comprehensive Plan's FLUM in 1997, the Property was given the current FLUM 27 designation of Residential High(RH). 28 29 The Applicant is also requesting proposed Future Land Use Map(FLUM)amendment for the Property 30 from Residential High (RH)to Institutional (INS). 31 a) 32 The Applicant states that the reason for the proposed amendment is: �i The Proposed Amendments seed to allow Applicant to fully redevelop and expand tiro existing U) cluipr l on the property. During 2017, the("'ounty rude qatlrstantial arnendincarrts to the Comp. plan (the ``Ainendments"), which included revisions to the l.,Ul) zoning district inaxinrrrrrr ca nonr%esidcnmil laird use: intcrrsides, As part of the Amendments, the County rrr°and) reduced the maxintuni intensity {err, UR zoning distt®tcts lioni thirty ( it) percent to zeta,. Prior to the Aniendmcnts, Applicant would have been permitted to redevelop and expand the existing church under ,) t,,R zo inn district, which allowed a thirty ('30) percent maxitnurn nonresidential land use cv intensity, no\ the CNistrng church on the l"rr7p rty is resat permitted because the Maxinr ini Floor Area Ratio ("FAli") is 0 and therefore the church is a noricor t"orunrng use. Consequently, and rvdurveloprrrerit of the church is limited to the existing square footage, )xhich is 6,500 square feet. °l"hw- Proposed a rraendments would allow Applicant tct redevelop and expand the existing church, 33 34 The Applicant's full explanation and justification of the proposed amendments is included in the file 35 for the application (File 2019-221). 36 BOCC SR 09.16.2020 Page 2 of 8 File 42019-221 Packet Pg. 3532 R 8.a I Staff notes that, although the Applicant states that the County"errantly reduced the maximum intensity 2 for UR zoning districts from thirty (30) percent to zero," as part of the 2016/2017 update to the 3 Comprehensive Plan and Land Development Code (LDC), the referenced change to the LDC was not 4 in error, as the corresponding RH FLUM already had a nonresidential intensity of zero prior to the 5 update. Had the Applicant proposed to redevelop the church use prior to the update, it still would have 6 been limited to its existing square footage. 7 8 Staff has reviewed the Applicant's position and supporting documentation, and is also reviewing the 9 proposed amendment for consistency with State Statutes (including 163.3187, F.S., above), Rules, 10 internal consistency with the Comprehensive Plan and balancing all the requirements and policy 2 11 issues. c 12 13 Community Meeting and Public Participation 14 In accordance with LDC Section 102-159(a), a community meeting was held on January 8, 2020 at 15 5:05 PM at the Property to discuss the proposed Future Land Use Map (FLUM) amendment and �C 16 corresponding Land Use District (Zoning) Map amendment, and to provide for public participation. 17 There was one (1) attendee who had questions about the design process. 18 19 Development Review Committee and Public Input 20 At a regular meeting held on February 25, 2020, the Development Review Committee (DRC) 21 considered the proposed FLUM map amendment, provided for public comment and recommended 22 approval through DRC Resolution 06-20. 23 24 Planning Commission and Public Input 25 At a regular meeting held on May 27, 2020, the Planning Commission recommended approval of the 26 proposed FLUM map amendment through PC Resolution P14-20 and provided for public comment. 27 28 III. AMENDMENT REVIEW 29 30 Maximum Allocated Densityand Intensity by Land Use District(Zoning) Map Designation Maximum ; Existing Zoning Type Adopted Standards development i potential based upon density/intensity U Residential Allocated Density 6 du/acre 7.66 units Urban Residential(UR) TDR/Market Rate Residential 12 du/buildable N Max Net Density acre 12.26 units Total Upland Area: 1.277 acres Affordable Residential Max Net 25 du/buildable N (55,626.12 sf) Density acre 25.54 units 1.02 buildable acres Transient 10 rooms/spaces per (1.277 ac—0.20 open space ratio) Allocated Density acre 12.77 rooms or spaces Nonresidential 0 FAR 0 SF Maximum Intensity BOCC SR 09.16.2020 Page 3 of 8 File 42019-221 Packet Pg. 3533 R 8.a Development Proposed Zoning Type Adopted Standards potential based upon density Residential 0 du/acre 0 units Allocated Density cv Suburban Commercial(SC)/ w Institutional(INS)Overlay TDR/Market Rate Residential N/A N/A Max Net Density N Total Upland Area: 1.277 acres (55,626.12 sf) Affordable Residential Max Net N/A N/A 0 1.02 buildable acres Density (1.277 ac—0.20 open space Transient 3-15 rooms/spaces 3.83 - 19.16 ratio) Allocated Density per acre rooms/spaces Nonresidential 0.30 FAR 16,688 SF Maximum Intensity Residential Market Rate Allocated: -7.66 units TDR/Market Rate Residential Max Net: -12.26 units Net Change in Development Affordable Residential Max Net: -25.54 units affordable Potential Based on Zoning W Transient Allocated: +6.39 rooms or spaces cv r9 Nonresidential: +16,688 SF 1 � 2 The above table provides an approximation of the development potential for residential, transient and 3 commercial development. Section 130-156(b)of the Land Development Code states: "The density and 4 intensity provisions set out in this section are intended to be applied cumulatively so that no 5 development shall exceed the total density limits of this article. For example, if a development includes 6 both residential and commercial development,the total gross amount of development shall not exceed T� 7 the cumulated permitted intensity of the parcel proposed for development." Furthermore, the use CDi 8 within the overlay district(INS) shall be subject to all land development regulations of the underlying W 9 zoning district(SC)with the exception of those regulations controlling density and intensity. UI c, 1 Sec. 130-125. - Institutional Use Overlay (INS). The Institutional Use zoning overlay district provides classifications of i property for institutional uses by federally tax-exempt,non-profit facilities,including,but not limited to,educational,scientific, N religious,social service,cultural,health care,and recreational organizations.Property identified on the Monroe County Future N Land Use Map with a designation of"INS" may have any land use district as its designated zoning category. The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of N those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: -. E Residential Nonresidential Allocated Density Maximum Net Density Maximum Intensity (Per Upland Acre) (Per Buildable Acre) (Floor Area Ratio) 0 du N/A 0.30 3-15 rooms/spaces 6-24 rooms/spaces BOCC SR 09.16.2020 Page 4 of 8 File 42019-221 Packet Pg. 3534 R 8.a 2 As shown in the blue portion of the table, the proposed Zoning 3 amendment would result in a decrease of 7.66 units in permanent 4 allocated residential development potential; a decrease of 12.16 5 units in max net density residential potential for market rate units 6 with the use of TDRs; a decrease of 25.54 units in affordable 7 residential development potential; an increase of 6.39 rooms or 8 spaces for transient units; and an increase in nonresidential `,�1 9 development potential up to 16,688 square feet. f 1�\ �� tt - tl � S�1 tss�11 y till 0 10 11 Compatibility with the Surrounding Area ��� c 12 a. Existing Vegetation/Habitat: Ve /Habitat: Developed g p ti 13 b. Existing Tier Designation: None '1,yego�` 14 c. Number of Listed Endangered or Threatened Species: 15 None 16 d. Existing Use: Institutional (Ocean Reef Chapel) 17 e. Community Character of Immediate Vicinity: Adjacent 18 land uses include single-family residential uses to the northeast, multi-family residential uses 19 to the east(formerly the medical center) and nonresidential uses to the south. 20 21 The proposed Zoning amendment is not anticipated to adversely impact the community character of 22 the surrounding area. The proposed change in zoning designation is consistent with the historical use, 23 (Ocean Reef Chapel) of the Property. 24 25 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE 26 PLAN AND THE MONROE COUNTY LAND DEVELOPMENT CODE 27 0 28 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 29 County Year 2030 Comprehensive Plan (Note: compliance with Policy 101.5.26 must be 30 established prior to BOCC adoption of the proposed FLUM amendment). Specifically, it 31 furthers: a, 32 33 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety i 34 of County residents and visitors, and protect valuable natural resources. t� 35 36 Objective 101.5 i 37 Monroe County shall regulate future development and redevelopment to maintain and enhance the 38 character of the community and protect natural resources by providing for the compatible distribution 39 of land uses consistent with the designations shown on the Future Land Use Map. 40 41 Policy 101.5.12 E 42 The principal purpose of the Institutional (INS) future land use category is to provide for institutional 43 uses by federally tax-exempt, nonprofit facilities, including,but not limited to, educational, scientific, 44 religious, social service, cultural, healthcare, and recreational organizations. Related institutional 45 residential and nonresidential uses, including student and employee housing, shall be allowed. [F.S. § 46 163.3177(6)(a)] BOCC SR 09.16.2020 Page 5 of 8 File 42019-221 Packet Pg. 3535 R 8.a 1 2 Policy 101.5.25 3 Monroe County hereby adopts the following density and intensity standards for the future land use 4 categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20. [F.S. § 5 163.3177(6)(a)l.] 6 N N 7 r Future Land Use Densities and Intensities Residential Nonresidential Minimum c Future Land Use Open Space 0 Category And ca) Maximum Net Density Ratio < Corresponding Allocated Density (a)(b) Maximum Intensity Zoning (per upland acre) (floor area ratio) g (per buildable acre) m 6 du(UR) 12-25 du(UR) ldu/lot(URM,URM-L) N/A(IS-D,URM, Residential High 2 du/lot(IS-D) URM-L) p (RH) 0 0.20 0-10 rooms/spaces 0-20 rooms/spaces0 du Per � Institutional(INS) 15 rooms/spaces 24 room/spaces 0.30 underlying zoning Notes: (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable 0 housing development. TDRs can be utilized to attain the density between the allocated density standard up to the N maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net CD N density without the use of TDRs."N/A"means that maximum net density bonuses shall not be available. Buildable cd acres means the portion of a parcel of land that is developable and is not required open space. , (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive requirement shall apply. U) (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or U existing zoning districts as appropriate. i (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be N permitted for educational,research or sanitary purposes. (f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and N Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the ;; maximum net density bonuses shall not be available. (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat M building,boat storage,or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,pursuant to Policy 101.5.6. (h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10%of total spaces allowed or in existence on the site,whichever is less. BOCC SR 09.16.2020 Page 6 of 8 File 42019-221 Packet Pg. 3536 R 8.a (i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net density bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively). 0) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. (k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre N for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For �+ the UR zoning district market rate housing may be developed as part of an affordable or employee housing project N with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when 0 calculating density. 1 � e( 2 B. The proposed amendment is consistent with the provisions and intent of the Monroe County .� 3 Code Land Development Code. 4 E 5 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance 6 enacting the proposed change based on one or more of the following factors: 7 8 1. Changed projections (e.g., regarding public service needs)from those on which the text of 9 boundary was based; 10 11 Per the Applicant: "Not Applicable" 12 C44 13 2. Changed assumptions (e.g., regarding demographic trends); 14 15 Per the Applicant: "Not Applicable" 16 17 3. Data errors, including errors in mapping, vegetative types and natural features described in 18 Volume I of the plan; 19 N 20 Per the Applicant: "The proposed LUD amendment is based on a need to revise data errors T� 21 contained within the Comp.Plan. Due to a data error in the Comp.Plan updated maximum FAR CDi 22 for UR zoning districts, which was reduced from thirty (30) percent to zero for churches. The W 23 proposed Amendments seeks to change the LUD from UR to SC, and the Comp. Plan from RH c, 24 to INS,respectively. Development of a church is allowed as of right in SC zoning districts, and 25 the maximum FAR in SC districts is thirty (30)percent." 26 N 27 Pursuant to LDC Section 101-1, Institutional use means a use that serves the religious, 28 educational, cultural, scientific, research, social service, or health needs of the community, CD 29 including but not limited to, educational and scientific research facilities that serve the region 30 and day care and preschool facilities. 31 32 The proposed Suburban Commercial (SC)zoning district/Institutional(INS)Overlay is a more 33 appropriate designation for the Property with the existing established use of a chapel. 34 35 4. New issues; 36 BOCC SR 09.16.2020 Page 7 of 8 File 42019-221 Packet Pg. 3537 R 8.a I Per the Applicant: "Not Applicable" 2 3 The Applicant has proposed a corresponding FLUM amendment changing the FLUM 4 designation on the property from Residential High (RH) to Institutional (INS). The proposed 5 Suburban Commercial (SC) zoning district/ Institutional (INS) Overlay is a more appropriate 6 designation for the Property with the existing established use of a chapel. 7 8 5. Recognition of a need for additional detail or comprehensiveness; or 9 10 Per the Applicant: "Not Applicable" 11 0 12 6. Data updates. 13 14 Per the Applicant: "Not Applicable" E 15 16 In accordance with MCC §102-158(d)(5)c.,in no event shall an amendment be approved which 17 will result in an adverse community change to the planning area in which the proposed 18 development is located or to any area in accordance with a livable communikeys master plan 19 pursuant to findings of the board of county commissioners. 20 21 Per the Applicant: "The will be no adverse change to unincorporated Monroe County if the proposed 22 Amendment is approved. The proposed Amendment is geographically limited in scope." 23 24 The proposed LUD Amendment is consistent and is not anticipated to result in an adverse community 25 change as the proposed zoning designation is more consistent with the historical use of the Property 26 as a chapel. 27 28 V. STAFF RECOMMENDATION 29 30 Staff recommends approval of the proposed Zoning amendment from Urban Residential (UR) to 31 Suburban Commercial (SC)/Institutional (INS) Overlay, contingent on adoption and effectiveness of a) 32 the proposed corresponding FLUM amendment from Residential High(RH)to Institutional (INS). �i 33 v) i 34 VI. EXHIBIT 35 ca 36 1. 11" by 17" LUD Amendment Maps 37 2. LUD Ordinance N BOCC SR 09.16.2020 Page 8 of 8 File 42019-221 Packet Pg. 3538 (4ZZ-6WZ)uoi&dopy-puauay am"ja;aaN uaaoo zs WN ueaoo) paa 00�000-0bL�8000 L�x��s&uauapuauay BuIuoZ:&uauayoe&&y s co co d l S" V � f � i � s s s i¢ vk "Al �sl sq? 14 - 1;ACE ? O F n t6 N °001000100 > 2 m 2- N z o- `o -°� O W �lil AtW�4 '�Y O C W N U Q o ❑o E O z' ? r o a a IQ 4 J94i h. n � s {t�sl i{iss� s v tt k aa ,.u 1 } s R.H.0 1 t n \\ u� Ff A� 3 �. I 4t ''{j r IQ� 5e 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2020 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE 13 DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR) TO 14 SUBURBAN COMMERCIAL (SC) / INSTITUTIONAL (INS) OVERLAY, 15 FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE, KEY LARGO, 16 MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740-000100, E 17 AS PROPOSED BY OCEAN REEF CHAPEL, INC.; PROVIDING FOR 18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 20 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING 21 FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; 22 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-221) 23 24 25 26 WHEREAS, on November 12, 2019, the Planning and Environmental Resources 27 Department received an application from Smith/Hawks,PL(the"Agent")on behalf of Ocean Reef 28 Chapel, Inc. (the"Property Owner" and the"Applicant")to amend the Land Use District(Zoning) 29 Map from Urban Residential (UR)to Suburban Commercial (SC)/Institutional (INS) Overlay for 30 32 Ocean Reef Drive, Ocean Reef, Key Largo; and 31 32 WHEREAS,the Applicant has also requested a corresponding Future Land Map (FLUM) 33 amendment for the subject property from Residential High(RH)to Institutional (INS); and 34 35 WHEREAS, in accordance with Land Development Code Section 102-159(a), the 36 Applicant held community meetings regarding the proposed amendments on January 8, 2020; and 37 E 38 WHEREAS,the Monroe County Development Review Committee (DRC) considered the 39 proposed amendments at a regularly scheduled meeting held on February 25, 2020; and 40 41 WHEREAS, at a regularly scheduled meeting held on May 27, 2020, the Monroe County 42 Planning Commission held a public hearing for the purpose of considering the proposed 43 amendment to the Land Use District(Zoning) Map and provided for public comment; and 44 Ord. No. - 2020 Page 1 of 4 File 2019-221 Packet Pg. 3540 R.H.0 I WHEREAS, the Monroe County Planning Commission adopted Resolution No. P14-20 2 recommending approval of the proposed Zoning map amendment; and 3 4 WHEREAS, at a regularly scheduled meeting held on the 16t' day of September, 2020, 5 the Monroe County Board of County Commissioners (BOCC) held a public hearing, considered 6 the staff report, and provided for public comment and public participation in accordance with the 7 requirements of state law and the procedures adopted for public participation in the planning 8 process; and 9 10 WHEREAS, based upon the documentation submitted and information provided in the 11 accompanying staff report, the BOCC makes the following Findings of Fact: o 12 0 13 1. Prior to the 1986 adoption of the County's current land development regulations and 14 their associated land use district maps, the subject property was within the BU2 -� 15 (medium business district) zoning district; and 16 2. In 1986, a series of zoning maps, entitled the Land Use District Map,were adopted for 17 all areas of the unincorporated county, and the subject property was zoned Urban 18 Residential (UR); and 19 3. The proposed map amendment is consistent with the provisions of the Monroe County r� 20 Code: 21 a. As required by MCC §102-158,the map amendment does not relieve particular 22 hardships, nor confer special privileges or rights on any person, nor permit an 23 adverse change in community character, as analyzed in the Monroe County 24 Year 2030 Comprehensive Plan; and 25 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to 26 data errors and new issues; and 27 4. The proposed map amendment is consistent with the provisions and intent of the 28 Monroe County Year 2030 Comprehensive Plan: 29 a. The Suburban Commercial (SC) Land Use (Zoning) District / Institutional 30 (INS) Overlay District is consistent with the Institutional (INS) Future Land 31 Use Map designation and the respective density and intensity standards as set 32 forth in Policy 101.5.25; and 33 b. The Suburban Commercial (SC) Land Use (Zoning) District / Institutional 34 (INS) Overlay District is consistent with the purpose of the INS Future Land 35 Use Map designation, as set forth in Policy 101.5.12; and 36 5. The proposed map amendment is consistent with the Principles for Guiding E 37 Development in the Florida Keys Area of Critical State Concern; 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 40 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 41 42 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows: 43 Ord. No. - 2020 Page 2 of 4 File 2019-221 Packet Pg. 3541 R.H.0 I The property located at 32 Ocean Reef Drive, Key Largo, with Parcel ID No. 2 00081740-000100 shall be designated as Suburban Commercial (SC)/Institutional 3 (INS) Overlay as shown on Exhibit 1, attached hereto and incorporated herein. 4 5 The Zoning map amendment is contingent on adoption and effectiveness of the 6 corresponding FLUM amendment from Residential High (RH) to Institutional 7 (INS). 8 N N 9 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 10 provision of this ordinance is held invalid,the remainder of this ordinance shall not 11 be affected by such validity. o 12 0 13 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 14 conflict with this ordinance are hereby repealed to the extent of said conflict. 15 E 16 Section 4. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning 17 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 18 19 Section 5. Filin . This ordinance shall be filed in the Office of the Secretary of the State of 20 Florida but shall not become effective until approved by the Florida State Land 21 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 22 120 of the Florida Statutes. N 23 24 Section 6. Inclusion on the Monroe County Code's Official Land Use District May. The 25 provisions of this Ordinance shall be included and incorporated on to the Official 26 Land Use District Map of Monroe County. 27 28 Section 7. Effective Date. This ordinance shall become effective as provided by law and 29 stated above. 30 31 32 33 THIS SPACE IS INTENTIONALLY LEFT BLANK 34 35 SIGNATURES ON THE FOLLOWING PAGE 36 37 38 39 Ord. No. - 2020 Page 3 of 4 File 2019-221 Packet Pg. 3542 R.H.0 I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 2 Florida, at a regular meeting held on the day of 3 4 Mayor Heather Carruthers 5 Mayor Pro Tem Michelle Coldiron 6 Commissioner Craig Cates 7 Commissioner Sylvia Murphy 8 MONROE COUNTY ATTORNEY Commissioner David Rice 10 Date. L CD 11 BOARD OF COUNTY COMMISSIONERS 12 OF MONROE COUNTY, FLORIDA 13 14 BY 0 15 MAYOR HEATHER CARRUTHERS 16 (SEAL) 17 E 18 ATTEST: KEVIN MADOK, CLERK 19 20 21 AS DEPUTY CLERK cv w Ord. No. - 2020 Page 4 of 4 File 2019-221 Packet Pg. 3543 Exhibit 1 to Ordinance# -2020 j O ® U R to SC / With Institutional Overlay The Monroe County Land Use District is amended as indicated above: Land Use District change of a parcel of land in Ocean Reef having Real Estate Number 00081740-000100 from Urban Residential(UR)to Suburban Commercial(SC)with an Institutional Overlay. N Packet Pg. 3544 Exhibit 1 to Ordinance# -2020 j .._._._ l tal- i aQ- 7i r CIL I ® UR to SC / With Institutional Overlay The Monroe County Land Use District is amended as indicated above: Land Use District change of a parcel of land in Ocean Reef having Real Estate Number 00081740-000100 from Urban Residential(UR)to Suburban Commercial(SC)with an Institutional Overlay. N Packet Pg. 3545