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Item C2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2011 Division: Growth: Management Bulk Item: Yes No X Department: Planning and Env. Resources Staff Contact /Phone #: Christine Hurley Ext # 2517 AGENDA ITEM WORDING: Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Goal 107 and Objective 107.1 that refines the definition and application of Sub Area designations which limit the density and intensity allowed within a Future Land Use Map category. ITEM BACKGROUND: Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan establishes criteria for the application of Sub Area policies which limit the density and intensity of allowable land uses within an underlying Future Land Use Map category. Goal 107 and Objective 107.1 were first developed as part of a Settlement Agreement related to a Future Land Use Map (FLUM) Amendment submitted by MDJ Investments. The Board of County Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 2010, which adopted Goal 107, Objective 107.1 and Policy107.1.3, Specific Limitations on Key Largo Mixed Use Area 1 (MDJ Property). The Florida Department of Community Affairs (DCA) submitted a Notice of Intent to find Ordinance 021 -2010 In Compliance on November 1, 2010. A Settlement Agreement related to a FLUM Amendment submitted by Roseann and Rudolph Krause, was approved by the BOCC on October 20, 2010 in DOAH Case No. 09 -4153GM. The resulting Ordinance No. 028 -2010, was adopted by the BOCC on October 20, 2010, adopted Goal 107, Objective 107.1, and Policy 107.1.2, Ramrod Key Mixed Use Area 1 (Krause Property). The DCA Notice of Intent found Ordinance 028- 2010 In Compliance with the Stipulated Settlement Agreement on January 27, 2011. During the October 20, 2010, public hearing, the BOCC directed staff to prepare an amendment that refines the application of Goal 107 and Objective 107.1 as requested during the public hearing by the representatives of Last Stand. Last Stand has recommended that Goal 107 and Objective 107.1 be further refined to limit its application to promote the preservation of environmentally sensitive areas that also contain some scarified area with a pre - existing non - conforming use to prevent the sub -area policy being utilized for vacant land. The proposed amendment addresses these concerns without affecting the application of the Rate of Growth Ordinance, Tier Mapping System, and land clearing limitations specified within the Monroe County Comprehensive Plan and Land Development Code. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 2010, which adopted Goal 107, Objective 107.1 and Policyl07.1.3, Specific Limitations on Key Largo Mixed Use Area 1 (MDJ Property). The Board of County Commissioners (BOCC) adopted Ordinance 028 -2010 on October 20, 2010, which adopted Goal 107, Objective 107.1 and Policy107.1.2, Ramrod key Mixed Use Area 1 (Krause Property). CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # C ' a MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Through: From: Date: RE: Meeting Date: Monroe County Board of County Commissioners Christine Hurley, AICP, Growth Management Division Director Mitchell N. Harvey, AICP, Comprehensive Planning Manager May 31, 2011 Amendment to Goal 107 and Objective 107.1 June 20, 2011 1 L BACKGROUND 2 3 Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan 4 establishes criteria for the application of Sub Area policies which limit the density and 5 intensity of allowable land uses within an underlying Future Land Use Map category. 6 Goal 107 and Objective 107.1 were first developed as part of a Settlement Agreement 7 related to a Future Land Use Map (FLUM) Amendment submitted by MDJ Investments. 8 The Board of County Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 9 2010, which adopted Goal 107, Objective 107.1 and Policy107.1.3, Specific Limitations 10 on Key Largo Mixed Use Area 1 (MDJ Property). The Florida Department of 11 Community Affairs (DCA) submitted a Notice of Intent to find Ordinance 021 -2010 In 12 Compliance on November 1, 2010. 13 14 A Settlement Agreement related to a FLUM Amendment submitted by Roseann and 15 Rudolph Krause, was approved by the BOCC on October 20, 2010 in DOAH Case No. 16 09- 4153GM. The resulting Ordinance No. 028 -2010, was adopted by the BOCC on 17 October 20, 2010, adopted Goal 107, Objective 107.1, and Policy 107.1.2, Ramrod Key 18 Mixed Use Area 1 (Krause Property). The DCA Notice of Intent found Ordinance 028- 19 2010 In Compliance with the Stipulated Settlement Agreement on January 27, 2011. 20 21 During the October 20, 2010, public hearing, the BOCC directed staff to prepare an 22 amendment that refines the application of Goal 107 and Objective 107.1 as requested 23 during the public hearing by the representatives of Last Stand. Last Stand has 24 recommended that Goal 107 and Objective 107.1 be further refined to limit its application 25 to promote the preservation of environmentally sensitive areas that also contain some Page 1 of 4 1 scarified area with a pre - existing non - conforming use to prevent the sub -area policy 2 being utilized for vacant land. The proposed amendment addresses these concerns 3 without affecting the application of the Rate of Growth Ordinance, Tier Mapping System, 4 and land clearing limitations specified within the Monroe County Comprehensive Plan 5 and Land Development Code. 6 7 On March 9, 2011, the Monroe County Planning Commission approved Resolution P07- 8 2011 recommending that the the BOCC transmit the following Comprehensive Plan 9 Amendment to the Florida Department of Community Affairs. 10 GOAL 107 ✓ 11 Monroe County shall regulate land use and development activities of scarified anwe 12 films peffiens of panels eentaining ewVk0fiffieatWy seimifive afess, portions of feels 13 property with 50% or more environmentally sensitive land that contains an existing 14 nonconforming use. by the enactment of area- specific regulations that allow 15 development to occur subject to limitations and conditions designed to protect natural 16 resources. For this Goal to be used, scarified portions of property shall not have been 17 created pMosefully without benefit of Kermit, as evidenced by pictorial aerial 18 examination. 0 r _a_7 o f k" ✓r # - a rn a va. i � a b (L- 4 =u & � O - 19 / f n * 20 Objective 107.1 21 Monroe County shall coordinate -bland fuse with the Belements of the 22 Comprehensive Plan through Ffuture -bland iUuse Belement - ,sub -Aarea (policies 23 solely -Aapplieable to a &specific Ggeographic urea. These sub -area policies 24 identify parcels of land that require narrowly-tailored regulation in order to 25 confine development potential to an area or extent less than the maximum 26 development potential allowed by the its underlvins Future Laand Upse Mau 27 category. The development parameters established for each sub -area shall be 28 based either on an inventory of uses and facilities established on the parcel or by 29 data and analysis supporting the specific sub -area limitations. Environmentally 30 sensitive areas shall be preserved through the awlication of such methods as 31 conservation easements that require mandatory eradication of exotic invasive 32 vegetation. 33 34 35 H. PROCESS 36 37 Amendments to the Goals, Objectives, and Policies of the Comprehensive Plan may be 38 proposed by the Board of County Commissioners (BOCC), the Planning Commission or 39 the Director of Planning. The Director of Planning shall review and process amendments 40 and pass them on to the Development Review Committee and the Planning Commission 41 for recommendation and final approval by the BOCC. 42 43 The Planning Commission and the BOCC shall each hold at least one public hearing on a 44 proposed amendment. The Planning Commission shall review the amendment, the 45 reports and recommendations of the Department of Planning & Environmental Resources Page 2 of 4 1 and the Development Review Committee, and the testimony given at the public hearing, 2 and shall submit its recommendations and findings to the BOCC. The BOCC shall 3 consider the staff report, recommendation, and testimony given at the public hearings and 4 may either deny the application or adopt or not adopt a resolution transmitting the 5 proposed amendment to the DCA. Amendments are then reviewed by the Florida 6 Department of Community Affairs and returned to the County with objections, rejections 7 and comments to be considered prior to adoption of the ordinance. Then, a hearing is 8 scheduled before the BOCC, where they have the opportunity to adopt, adopt with 9 changes, or not adopt the proposed Comprehensive Plan amendment. 10 11 III. Consistency with the Monroe County 2010 Comprehensive Plan. 12 Staff finds the proposed amendment consistent with Monroe County 2010 13 Comprehensive plan as a whole and is not inconsistent with any one Goal, Objective, or 14 Policy. 15 16 IV. Consistency with the Principles for Guiding Development in the Florida Keys 17 Area of Critical State Concern pursuant to Section 380.0552(7), F.S. For the 18 purposes of reviewing consistency of the adopted plan or any amendments to that plan 19 with the principles for guiding development and any amendments to the principles, the 20 principles shall be construed as a whole and no specific provision shall be construed or 21 applied in isolation from the other provisions. 22 23 (a) Strengthening local government capabilities for managing land use and 24 development so that local government is able to achieve these objectives without 25 continuing the area of critical state concern designation. 26 (b) Protecting shoreline and marine resources, including mangroves, coral reef 27 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 28 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, 29 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges 30 and beaches, wildlife, and their habitat. 31 (d) Ensuring the maximum well -being of the Florida Keys and its citizens through 32 sound economic development. 33 (e) Limiting the adverse impacts of development on the quality of water throughout the 34 Florida Keys. 35 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 36 environment, and ensuring that development is compatible with the unique historic 37 character of the Florida Keys. 38 (g) Protecting the historical heritage of the Florida Keys. 39 (h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing 40 and proposed major public investments, including: 41 1. The Florida Keys Aqueduct and water supply facilities; 42 2. Sewage collection, treatment, and disposal facilities; 43 3. Solid waste treatment, collection, and disposal facilities; 44 4. Key West Naval Air Station and other military facilities; 45 5. Transportation facilities; 46 6. Federal parks, wildlife refuges, and marine sanctuaries; Page 3 of 4 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co -op; and 9. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. 0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065 and 403.086 10), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 0) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Staff finds the proposed amendment consistent with the Principles for Guiding Development as a whole and is not inconsistent with any one principle. V. Staff Recommendation: Staff recommends approval. VI. Exhibits A. Ordinance 021 -2010 B. Ordinance 028 -2010 C. Letter dated 10/20/10 from Last Stand Page 4 of 4 r ORDINANCE 021 -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL. LOW (RL) TO MIXED USE / COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 13, 14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00440100.000000 LOCATED AT 99101 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 99.1 WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and is legally described as Thompson's Subdivision, Key Largo, PBl -147 Lots 13 -18, Monroe County, Florida having real estate number 00440100.000000 ; and WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the Development Review Committee of Monroe County conducted a review and consideration of a request by MDJ Investments. LLC for a future land use map amendment in accordance with the provisions and intent of Monroe County Comprehensive Plan Policy 101.4.5; and WHEREAS, during a regularly scheduled public meeting concerning the subject property held on January 27, 2010, the Planning Commission conducted a public hearing and approved Resolution P40-09 recommending approval to the BOCC to amend the Future Land Use Map from Residential Low (RL) to Mixed Use / Commercial (MC) in accordance with the provisions and intent of Monroe County Comprehensive Plan Policy 101.4.5; and WHEREAS, during a special public meeting held on February 22, 2010. the Monroe County Board of County Commissioners conducted a public hearing approving the transmittal of a resolution to the DCA at the request of MDJ Investments, LLC, proposing an ordinance to amend the subject property's Future Land Use Map designation from Residential Low (RL) to Mixed Use / Commercial (MC); and WHEREAS, the Florida Department of Community Affairs (DCA) submitted its Objections, Recommendations and Comments (ORC) report for the proposed amendment (Exhibit A). The DCA's recommendation included creating a site - specific policy to limit commercial development to an amount that ensures the protection of the hardwood hammock, prohibits the clearing of native hardwood hammock on the site, and prohibits the development of residential dwelling units and transient units; and, SOCC,ldoptam Packet MDJ Investments. LLC. June 29.2A1p Future [and Use Map Amendment page 1 4F5 WHEREAS, as a response to the DCA's ORC Report 10 -1. the following sub area policy was created: 3.2 Sub -Area Policies G AL 107 Monroe County shall regulate land use and development activities of scarified and/or filled portions of parcels containing environmentally sensitive areas, by the enactment of area - specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. Or„ j ve 107.1 Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area. These sub -area policies identify parcels of land that require narrowly-itailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by the future land use category. The development parameters established for each sub -area shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific sub -area limitations.- Pdla 107.1.3 Sg joc LWIAlaWO on Bev L w hfiixed Use Area 1 The following land uses shall be allowed on the following parcel: parcel 00440100.000000 (0.62 acres; legally described as Lots 11, 12, 13, 14, 15, 16, 17 and 18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A ". according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the North Line of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A, in Thompson Subdivision, Section "A ", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida and on which a concentration of non - residential uses exists, including approximately 2,968f? of commercial floor area. Development of the Key Largo Mixed Use Area shall be subject to regulations applicable to the Mixed Use / Commercial (MC) Future Land Use Map as well as the additional restrictions set out below: 1. There shall be a maximum commercial floor area ratio of 0.30. 2. There shall be no residential or transient units. WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners snakes the following Findings of Fact and Conclusion of Law: 1. The proposed FLUM amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4, Policy 101.4.5 and Goal 105. 2. The proposed FLUM amendments are consistent with Sec. 102- 158(dX5)b.5. and Sec. 102- 158(dx5)b.6. of the Monroe County Land Development Regulations, particularly subsection 'data errors' and 'recognition of a need for additional detail or comprehensiveness'. BOCC Adtggion Pnket MDJ lnvmtt=nM L LC. June 29. 2010 Future Land Use Map Amendment Pa >ie 3. On July 23, 1976, the MC Zoning Board adopted Resolution 20 -1975 approving a zoning change to BU -1 on the property with a special use permit approving retail sales for furniture and clothing only. 4. Building Permit Number C1809 was issued on August 13, 1976 for land clearing on Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail. 5. Properties adjacent to the subject property to the south and west are Tier 1. Properties to the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier 1. The future land use designation to the north is Mixed Use / Commercial (MC). 6. The proposed FLUM amendment is consistent with the Goals, Strategies and Action Items from the Key Largo Livable CommuniKeys Plan, particularly Goal 1 which states: "Direct future growth to lands that are most suitable for development and encourage preservation of environmentally sensitive lands." 7. The proposed PLUM amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7). 8. The proposed FLUM amendment is consistent with the surrounding future land use map designation of Mixed Use / Commercial (MC). 9. The proposed FLUM amendment may affect local traffic, parking and circulation, but not significantly. 10. A site visit was conducted by the Monroe County Biologist on May 21, 2010 who reported the following: "The South property line is located within a narrow strip of tropical hardwood hammock. The five ft wide section just inside the entire length of the South property line is comprised of almost entirely native species: just inside of that section is a parallel area approximately five ft wide that consists of native hammock species mixed with juvenile non - native Lead Tree (Leucaena leucocephala). If the Lead Tree were removed from that area, there would be enough native understory vegetation remaining for it to be considered tropical hardwood hammock. The areas near the East property line and Southeast of the building contain mostly native canopy trees, but little native understory vegetation. The ground cover there is dominated by grasses and non- native vegetation with a few scattered native seedlings." 11. The Monroe County Land Development Code Section 118 -9 permits 20% clearing of upland native vegetation on Tier 1 lands. 12. The Comprehensive Plan Policy 101.4.22 permits 20% clearing on Tier 1 lands NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA: Section 1 . The Board specifically adopts the findings of fact and conclusions of law stated above. SOCC Adoption Packet MDJ invet:taients. LLC. June 29.2010 Future Lauri Use Map AAtaWnlent Fag. 3 c f 5 �e_„dJW Z. The subject property with Real Estate number 00440100.000000 and Iegally described above which is currently designated Residential Low (RL) on the Monroe County Future Land Use Map shall be designated Mixed Use / Commercial (MC) as demonstrated on "Exhibit B" subject to the text changes in Section 3 below. Sect lJo 3 . The text of the Monroe County Year 2010 Comprehensive Plan shall be amended as demonstrated on "Exhibit C" and as follows: 3.2 Sub-Area Policies GOAL 107 Monroe County shall regulate land use and development activities of scarified and/or filled portions of parcels containing environmentally sensitive areas, by the enactment of area - specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. Objective 107.1 Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area These sub -area policies identify parcels of land that require narrowly- tailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by the future land use category. The development parameters established for each sub -area shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific sub -area limitations. Policy 107.1.1 Reserved Policy 107.L2 Reserved Policy 107.1.3 Specific Limitations on Key Largo Nflxed Use Area 1 The Key Largo Mixed Use Area I has a concentration of non - residential uses currently existing, including approximately 2,968fe of commercial floor area. The current Real Estate Parcel number is 00440100.000000, contains 0.62 acres and is legally described as: Lots 11, 12, 13, 14. 15, 16, 17 and 18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A ", according to the plat thereof, as recorded in Plat Book 1. at Page 147, of the Public Records of Monroe County, Florida, and the East 10 feet of that portion of Fisherman's Trail, adjacent and contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the North Line of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A, in Thompsons Subdivision, Section "A ", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida. BOCC Ad Vflm Packet MD1 kuvestmmts. LLC. ,turn 29.2010 Futum Land Use Map Amendment page a ( of 9- Development in the Key Largo Mixed Use Area 1 shall be subject to regulations applicable to the Mixed Use / Commercial (MC) Future Land Use Designation as well as the additional restrictions set out below: 1. The maximum commercial floor area ratio of 0.30. 2. There shall be no residential units. Seddon 4. These provisions may be renumbered accordingly if necessary in the Monroe County Year 2010 Comprehensive Plan. Section 5• If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Se cdon 1. All ordinances or parts of ordinance in conflict with this ordinance are herby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Sectim The Planning Director shall transmit this ordinance to the Florida Department of Community Affairs pursuant to Section 163.3184(7) and Chapter 380, Florida Statutes. S This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance and as provided by law. PASSED AND ADOPTED by the Board of County Commissioners %ridVt a special meeting held on the 29 day of June A.D., 2010. CD O 0- w = aF . Mayor Sylvia J. Murphy W ,� ;. J : - . Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington U- t Commissioner George Neugent Commissioner Mario Di Gennaro w 7 : of Monroe County, Yes Yes Yes Abse Abse BOARD OF COUNTY CO IONERS OF MONROE COU 3!]q� A BY Mayor Sylvia J. Murphy ATTEST: DANNY L. KOLHAGE. CLERK MOLAR E COMM AM MEY PP O 60 A8 TO FOR DEPUTY CLERK BOCC Adoption Packa MOJ hwmn enis. LLC. June Forum Land Use Map Am=Wmant Page 6 f75 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 L ' t '� Q$DWANCE NO. 028 -2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING GOAL 107, OBJECTIVE 107.1 AND POLICY 107.1.2 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ESTABLISH A POLICY FOR PROPERTY DESCRIBED AS RAMROD KEY MIXED USE AREA 1 COMPRISED OF A PORTION OF RE # 00114150- 000000 (8.46 ACRES) AND ALL OF RE # 00114150.000400 (2.6 ACRES), RAMROD KEY, MONROE COUNTY, FLORIDA, GULF SIDE, APPROXIMATELY MILE MARKER 26.5; PROVIDING FOR SEVERABILPTY; DIRECTING THE DIRECTOR OF PLANNING TO FORWARD A COPY TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR THE INCORPORATION INTO THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Roseann & Rudolph Krause ( Applicant) submitted an application to amend the Monroe County Year 2010 Comprehensive Plan on April 29, 2008 from Residential Low (RL) to Mixed Use / Commercial on the entire RE # 00114150 - 000400 (2.6 acres) and on a portion of RE # 00114150- 000000 (8.46 acres); and WHEREAS, a public hearing took place on January 26, 2009 to consider transmittal of a Resolution 2009 -003 to the Florida Department of Community Affairs (DCA) at the request of Roseann & Rudolph Krause, proposing an ordinance to amend the subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC); and WHEREAS, the DCA sent its Objections, Recommendations and Comments (ORC) to the 09 - Monroe County Comprehensive Plan Amendment package on April 7, 2009 and WHEREAS, on Tune 2, 2009, the Future Lead Use Map amendment was adopted by the BOCC by Ordinance 018 -2009 which was accompanied by the staff report addressing the ORC; and P. t of 5 BOCQ Ocldbe= 20, 202 0 EXWA l — sadeni t ASoeUUM Bx 2 — PAme Lod Us* Plan— of the Comop=hmelve Plea 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, Ordinance 018 -2009 was the subject of DOAH Case No. 09- 4153GM between the DCA, the County and the Applicant, as Intervernors; and WHEREAS, the DCA issued its Statement of Intent (Exhibit A of attached Settlement Agreement Exhibit 1) finding the amendment not in compliance pursuant to Section 163.3184(10), Florida Statutes, and Rule W- 11.012(6 F.A.C.; and WHEREAS, the Applicant has consented to the Settlement Agreement (Exhibit 1) and the Settlement Agreement was approved by the County on October 20, 2010 and by the DCA on October 20, 2010; and WHEREAS, Exhibit B of the attached Settlement Agreement (Exhibit 1) includes proposed text to be added to the Monroe County C mprehensive Plan designating Ramrod Key Mixed Use Area 1 that includes specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources; and :iO T WHEREAS, Monroe County supports the creation of Ramrod Key Mixed Use Area 1; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA: Sew }n The Monroe County Year 2010 Comprehensive Plan is amended pursuant to the Settlement Agreement (Exhibit 1) as shown on the attached Exhibit 2 to create Goal 107, Objective 107.1, and Policy 107.1.2 that establishes a Ramrod Key Mixed Use Area 1 as described below. Sectin 2. The Monroe County 2010 Comprehensive Plan is amended as follows: GO AL 107 Monroe County shall regulate land use and development activities of scarified and/or filled portions of parcels containing environmentally sensitive areas, by the enactment of area- specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. Obiedive 107.1 Monroe County shall coordinate Land Use with the Elements, of the Comprehensive Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area. These sub -area policies identify parcels of land that require narrowly- tailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by the future land use category. The development parameters established for each sub -area shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific sub -area limitations Policy 107.1.1 Reserved P. 2 of 5 BOCC: October 20, 2010 Edit I — SdKkM at AgraerMs Bait 2 — Ferrite Led We Veaent of the Ca mpreheouve Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the table folio . as Ramrod Key Mixed Use Area 1: REAL ESTATE NUMBER TOTAL ACREAGE ACRES FLUM DESIGNATION CONSERVATION EASEMENT ACREAGE BERM TO BE LOCATED ON PARCEL 0.79 N/A N/A Ramrod Key 00114150- 000000 18.12 8.46 Mixed Use Area N/A x 1 8.87 RC 8.87 Ramrod Key 00114150-000400 2.6 2.6 Mixed Use Area 0 1 And on which a concentration of non - residential uses exists, including approximately 15,325 square feet of commercial floor area devoted to the uses listed below. 1. Storage, warehousing, and processing of equipment and materials utilized or generated in construction, demolition and land clearing, together with ancillary activities, including, but not limited to: a. Administrative offices. b. Workshops and equipment maintenance areas, outdoors and within structures. C. Garages and outdoor parking for construction and demolition equipment and machinery. d. Outdoor and covered storage and processing of demolition debris and constr u;tion materials. e. Storage buildings. i Above - ground fuel tanks. 2. An antenna supporting structure with accessory building. 3. Residential uses consistent with the former RL fit= land use map designation and with SS zoning. Single family residences shall be limited to the existing residence (including any replacement thereof) and no more than four (4) additional single family residences. 4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do not constitute a heavy industrial use. P. 3 of 5 BOCC: Clot* x 20, 2010 Bathmh 1— 80houN Asmame d Etth[btit 2 — Famm Land Uu Eamat ofthe Compahmdve Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: 1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: a. Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 000000. The area to be conserved is delineated on the map below. b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land along the westerly edge of the wetlands portion of parod 00114150- 000000 as depicted on the map below, to protect the wetlands from stormwater runoff. Prior to issuing any permit for berm construction, Monroe County shall require submission of a stormwater management plan adequate to protect the wetlands portion of the parcel from degradation attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor storage, construction, and demolition activities. RAMROD KEY MIXED USE AREA 1 22 23 24 25 H RAMROD KEY ArNY NyN�M1MAi•L • Il�p WOO XW Rrwd YY IINAr. US H*ANndrw! /f 1�► "01*0 HNiow me f 2. Development shall be contingent on any required coordination and/or approval from the United States Fish 8t Wildlife Service. P.4of5 BOCC: October 20, 2010 omuinloomw USE AREA 1 w„► NC We se) •`� CONSERVATION EASEMENT 00114150-000000 RC (8.67 ac) 7 EAM 1— s.aWm" Apeemm F3chtbit 2 —F acme LodUts Mama oftbe Cave Pion 1 2 3 4 5 6 7 8 9 10 Iggga 3. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. 11 Seedon 12 13 14 won 6. 15 16 17 18 19 20 3�on' . 21 22 23 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. This ordinance shall be transmitted by the Director of Planning to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not bee ne effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 25 j4or9& at a regular meeting held on the 20th day of October A.D., 2010. 26 i M 27 U Oki = Mayor Sylvia Murphy Yes 28 o Mayor pro tem Heather Carruthers Yes 29 a Commissioner Kim Wigington Ito 30 U- c`v Commissioner Mario Di Geanaro Yes 31 e c ' Commissioner George Neugent Yes 32 33 4 - 34 35 36 37 38 39 40 1 41 a _4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA OF BY MayoftylviAdurphy 42 ATTES1 DANNY L. KOLHAGE, CLERK 43 44 45 DEPUTY C URK P. S of 5 ,. BOCC: October 20, 7010 Fshibok t — ssttkmeot AVWGW t Ex 2 — FW= resod Use Biement oitb8 CompMb ive Plan October'20, 2010 Board of County Commissioners My name is Naja Girard, I reside at 1214 Newton Street, Key West. I am a board member. of Last Stand and will be speaking on behalf of Last Stand today. Although we understand that the Comp Plan text amendments creating Goal 107 and Objective 107 and corresponding "sub -area policies" appear to have been helpful in appropriately zoning the MDJ Investment properties (and now the Krause property), Last Stand nonetheless remains convinced that the language contained in the proposed amendment is overly broad and lacks important safeguards to ensure that it will not create an incentive to intentionally "scarify" land as well as a temptation to "spot zone" and increase urban sprawl. We must remember that the result of this Goal will be to increase the density /intensity of property and thus the fair- market value. The adoption of Goal 107 and Objective 107 will create an increased expectation for development of parcels containing scarified and/or filled land and the language used in its creation should be very carefully considered so as not to result in unintended consequences. I was able to speak with Rebecca Jetton (DCA) yesterday about Goal 107. During our converation, Ms. Jetton recommended that if we had any suggestions for added language which would help provide better safeguards, we share them with Ms. Hurley, Ms. Grimsley and the Board of County Commissioners at today's meeting. We have put together a preliminary list of issues and ideas on possible additional language which we hope will be considered prior to voting on the transmittal of Goal 107. Issue #1: Creation of incentive to "scarify" land. Some people will intentionally "scarify" their land and then request a special "sub- area policy ". Possible Solution: Require that an applicant show evidence that the "scarification" of the land pre -dates the creation of the Goal. Newly scarified land should not be eligible for a "sub -area policy ". Ms. Jetton referred to maps which are in existence for each parcel of land in Monroe County - likely the same maps used in the Tier designation process. Issue #2: Why include the words "and/or filled "? This creates a false presumption that portions of parcels that contain fill should necessarily be developed. We see no rational basis for this. Land composed of "fill" may also contain vast amounts of native vegetation and may provide viable habitat for wildlife, additionally land composed of "fill" may nonetheless be remote from infrastructure and services rendering it inappropriate for development. Possible Solution: Delete these words. Issue #3: Temptation to unnecessarily "spot zone" gM parcel that contains a "scarified and/or filled portion" that is in proximity to environmentally sensitive land. Possible Solution: Require a showing that the property does NOT fit into any existing FLUM category. Issue #4: There is a danger of using Goal 107 as a "magic wand" making all other land -use laws disappear. [Remember Wisteria Island: The "sub -area policy" created under Goal 107 with respect to Wisteria Island resulted in the following: Not an "offshore island ", 50 or so dock -slips will not constitute "a marina ", the island would remain "Tier -less" (means no restriction on clearing of native vegetation, eligible as a ROGO receiver site although entirely undeveloped), ROGO and NROGO would not apply, etc.) Possible Solution: Include some or all of the language found in the Monroe County Code as standards for variances: Monroe County has safeguards built into the language of the law when it comes to granting variances and those same or similar safeguards could be included in the language associated with a change in FLUM designation with "sub -area policy" which will in effect increase the density and intensity of a particular parcel (or portion thereof) and zone it in a unique way. Some of the language found in the code for granting variances: "The applicant shall demonstrate that all of the following standards are met:" [ 1 ] Failure to grant the [FLUM amendment and corresponding sub -area policy] would result in exceptional hardship to the applicant. [2] Granting the [FLUM amendment and corresponding sub -area policy] will not result in increased public expenses, create a threat to public health and safety, create a public nuisance, or cause fraud or victimization of the public; [3] Property has unique or peculiar circumstances, which apply to this property, but which do not apply to other properties in the [property's current FLUM category and zoning district]. [4] Granting the [FLUM Amendment and corresponding sub- area policy] will not give the applicant any special privilege denied other properties in terms of the provisions of established development patterns [including the "smart growth" policy of steering development toward developed areas where functioning infrastructure and public services are in place and away from undeveloped areas]. [5] Granting of the [FLUM Amendment and corresponding sub- area policy] is the minimum necessary to provide relief to the applicant. We do not believe that the addition of these safeguards would in any way affect the validity of the proposed designations and policies for the MDJ or Krause properties. While we understand that these property owners have been awaiting the final outcome of this process for some time and that staff is anxious to keep this moving; we believe that it is imperative that the language of this new law be carefully crafted to ensure the inclusion of the maximum number of safeguards possible. Our understanding is that the County has 60 days from the date of adoption of the Settlement Agreement for the Krause property to consider the adoption of Goal 107. Last Stand urges the Commission to take advantage of this delay and to postpone the decision on the transmittal of Goal 107 until the next regularly scheduled County Commission meeting so that Ms. Hurley, and the County Attorney's office may work to address these concerns and to attempt to prevent at least some of the future unintended consequences which could result from the adoption of Goal 107 as it reads today. Thank you for your consideration of Last Stand's input into this process. Sincerely, Naja Girard Board Member Last Stand 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 V1 Yk MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2011 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMSSIONERS AMENDING GOAL 107 AND OBJECTIVE 107.1 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO CLARIFY THE DEFINITION AND APPLICATION OF SUB AREA POLICY FOR PROPERTY LOCATED WITHIN UNINCORPORATED MONROE COUNTY. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment 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 requested text amendment; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance for adoption of the proposed text amendment. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes. Section 3. 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 9J- 11.006 of the Florida Administrative Code. P. 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Secdon 4. The Clerk of the Board is hereby directed to forward a certified dopy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of June, 2011. Mayor Heather Carruthers Mayor Pro Tem David Rice Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Kim Wigington HOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA '"! Mayor Heather Carruthers (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MON"01! COUNTY ATTORNEY App D AS TO FORM: g M. GRIMS ASST NT COUNTY ATTORNEY P. 2 of 2 1 .{ 2 3 4 5 6 ORDINANCE NO. -2011 7 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING GOAL 107 AND OBJECTIVE 107.1 11 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN 12 TO CLARIFY THE DEFINITION AND APPLICATION OF SUB 13 AREA POLICY FOR PROPERTY LOCATED WITHIN 14 UNINCORPORATED MONROE COUNTY; PROVIDING FOR 15 SEVERABIL.ITY; DIRECTING THE DIRECTOR OF PLANNING TO 16 FORWARD A COPY TO THE STATE OF FLORIDA LAND 17 PLANNING AGENCY; PROVIDING FOR FILING WITH THE 18 SECRETARY OF STATE; PROVIDING FOR THE INCORPORATION 19 INTO THE COMPREHENSIVE PLAN; PROVIDING FOR AN 20 EFFECTIVE DATE 21 22 23 WHEREAS, Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive 24 Plan establishes criteria for the application of Sub Area policies which limit the density and 25 intensity of allowable land uses within an underlying Future Land Use Map category. Goal 107 26 and Objective 107.1 were first developed as part of a Settlement Agreement related to a Future 27 Land Use Map (FLUM) Amendment submitted by MDJ Investments. The Board of County 28 Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 2010, which adopted Goal 29 107, Objective 107.1 and Policy107.1.3, Specific Limitations on Key Largo Mixed Use Area 1. 30 The Florida Department of Community Affairs (DCA) submitted a Notice of Intent to find 31 Ordinance 021 -2010 In Compliance on November 1, 2010; and 32 33 WHEREAS, a Settlement Agreement related to a FLUM Amendment submitted by 34 Roseann and Rudolph Krause, was approved by the BOCC on October 20, 2010 in DOAH Case 35 No. 09- 4153GM. The resulting Ordinance No. 028 -2010, adopted by the BOCC on October 20, 36 2010, adopted Goal 107, Objective 107.1, and Policy 107.1.2, Ramrod Key Mixed Use Area 1. 37 The DCA Notice of Intent found Ordinance 028 -2010 In Compliance with the Stipulated 38 Settlement Agreement on January 27, 2011; and 39 40 WHEREAS, during the October 20, 2010, public hearing, the BOCC directed staff to 41 prepare an amendment that refines the application of Goal 107 and Objective 107.1 as requested 42 during the public hearing by the representatives of Last Stand. Last Stand has recommended 43 that Goal 107 and Objective 107.1 be further refined to limit its application to promote the 44 preservation of environmentally sensitive areas that also contain some scarified area with a pre - 45 existing non - conforming use to prevent the sub -area policy being utilized for vacant land. The 46 proposed amendment addresses these concerns without affecting the application of the Rate of P. 1 of 3 1 Growth Ordinance, Tier Mapping System, and land clearing limitations specified within the 2 Monroe County Comprehensive Plan and Land Development Code; and 3 4 WHEREAS, on March 9, 2011, the Monroe County Planning Commission approved 5 Resolution P07 -2011 recommending that the the BOCC transmit the following Comprehensive 6 Plan Amendment to the Florida Department of Community Affairs; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 10 11 Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: {Deletions are 12 s#Fi&e0 dW8 and additions are underlined 13 14 Objective 107 15 Monroe County shall regulate land use and development activities of scarified ea&ff fige� 16 , portions of paFeela p_rop_erty with 17 50% or more environmentally sensitive land that contains an existing nonconforming use, by 18 the enactment of area- specific regulations that allow development to occur subject to limitations 19 and conditions designed to protect natural resources. For this Goal to be used, scarified portions 20 of property shall not have been created nurposefullv without benefit of permit, as evidenced by 21 pictorial aerial examination. 22 23 Objective 107.1 24 Monroe County shall coordinate -bland Uuse with the -Belements of the Comprehensive 25 Plan through Mature -bland Buse Belement Ssub -4area PWlicies solely AWplicable to a 26 Sspecific Ggeographic Awea. These sub -area policies identify parcels of land that 27 require narrowly- tailored regulation in order to confine development potential to an area 28 or extent less than the maximum development potential allowed by the its underlying 29 Future L,land Uase Map category. The development parameters established for each 30 sub -area shall be based either on an inventory of uses and facilities established on the 31 parcel or by data and analysis supporting the specific sub -area limitations. 32 Environmentally sensitive areas shall be preserved through the application of such 33 methods as conservation easements that require mandatory eradication of exotic invasive 34 vegetation. 35 36 Section 2. If any section, subsection, sentence, clause, item, change, or provision of this 37 ordinance is held invalid, the remainder of this ordinance shall not be affected by 38 such validity. 39 40 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby 41 repealed to the extent of said conflict. 42 43 Section 4. This ordinance shall be transmitted by the Director of Planning to the State of 44 Florida Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 45 46 P. 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 5. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State of Florida Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting held on the day of , 2011. Mayor Heather Carruthers Mayor pro tern Kim Wigington Commissioner Sylvia Murphy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Heather Carruthers (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK P. 3 of 3