Item B1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2013 Division: Growth Management
Bulk Item: Yes_ No X Department: Planning& Environmental Resources
Staff Contact Person: Christine Hurley,289-2517
AGENDA ITEM WORDING: A public hearing to adopt a resolution to transmit to the Florida State
Land Planning Agency a proposed 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 Medium (RM) to Mixed Use/Commercial (MC) for property located at 10498 Overseas
Highway, Key Largo, Lots 1-5, Block .4, Revised Amended Plat of Riviera Village, PB2/P80 of the
Public.Records of Monroe County, Florida, having real estate numbers 00511220-000000, 005 1 1 220-
000100, and 00511220-000101.
ITEM BACKGOUND: The applicant presently owns a pet boarding and grooming business in an
existing 960 square foot building located at 10498 Overseas Highway. The subject property currently
has a Future Land Use Map (FLUM)designation of Residential Medium (RM) and a Land Use District
designation of Improved Subdivision (IS). The current regulations pertaining to permitted uses do not
allow a commercial retail use and the use is considered nonconforming to the provisions of the code and
the comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing
commercial use from Residential Medium (RM)to Mixed Use Commercial (MC). The proposed FLUM
amendment, together with the associated LUD amendment (IS to MU) will eliminate the nonconformity
to the use.
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning
Agency. The State Land Planning Agency will then review the proposed amendment and issue an
Objections, Recommendations and 'Comments (ORC) Report, addressing any issues with internal
consistency, data and analysis, or consistency with the statutes or the Principles for 'Guiding
Development. Upon receipt of the ORC report, the BOCC will have 180 days to adopt the amendments,
adopt the amendments with changes,or not adopt the amendments.
PREVIOUS RELEVANT COMMISSION ACTION: Monroe County Resolution No. 127-2012.
approved 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.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST:N/A ' BUDGETED: Yes No N/A
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 Attorney_x_ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM# 6
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Christine Hurley,Director, Growth Management Division
12 Mayte Santamaria,Assistant Director,Planning and Environmental Resources
13
14 From: Mitchell N. Harvey,AICP, Comprehensive Planning Manager
15
16 Date: March 21,2013
17
18 Subject: REQUEST BY JOHN C. AND WENDY A. MOORE TO AMEND THE
19 FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010
20 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO
21 MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 10498
22 OVERSEAS HIGHWAY,KEY LARGO
23
24 Meeting: April 18, 2013
25
26 I. REQUEST i
27
28 The applicant, John C. and Wendy A. Moore, is requesting to amend the Future Land Use Map
29 (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential Medium (RM) to
30 Mixed Use/Commercial (MC) for property located at 10498 Overseas Highway, Key Largo, having
31 real estate numbers 005 1 1 220-000000, 00511220-000100, and 00511220-000101.
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Page 1 of 12
File #2012-097
•
34 IL BACKGROUND INFORMATION
35
36 The subject property was within the BU-2 district (Medium Business) prior to 1986 when the
37 property was re-designated IS (Improved Subdivision). After 1986, all subsequent permits indicate
38 that the existing building was being utilized for commercial retail use.
39
40 The applicant presently owns a pet boarding and grooming business in an existing 960 square foot
41 building located at 10498 Overseas Highway. The subject property currently has a Future Land Use
42 Map (FLUM) designation of Residential Medium (RM) and a Land Use District designation of
43 Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow a
44 commercial retail use and the use is considered nonconforming to the provisions of the code and the
45 comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing
46 commercial use from Residential Medium (RM) to Mixed Use Commercial (MC). The proposed
47 FLUM amendment, together with the associated°LUD amendment VS to MU) will eliminate the
48 nonconformity to the use.
49
50 Monroe County Resolution No. 127-2012, approved on April 18, 2012, allows an applicant to apply
51 for a LUD and/or FLUM designations that would eliminate the nonconforming use created with the
52 adoption of the existing designations and not create an adverse effect on the community. The
53 property owner must provide satisfactory evidence that the existing use on the site also existed
54 lawfully in 1992 and was deemed nonconforming by final adoption of the LUD map and/or the
55 existing use on the site existing lawfully in 1997 and was deemed nonconforming by final adoption
56 of the FLUM to be exempt from the FLUM amendment application fee.
57
58 On June 4,2012,Monroe County Planning staff prepared an addendum to a Letter of Understanding,
59 issued on June 27, 2003, which determined that the existing use existed lawfully in 1992 and was
60 deemed nonconforming by the final adoption of the LUD map. Staff has also determined that the
61 existing use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the
62 FLUM. Staff concluded that he proposed FLUM category of MC and proposed LUD designations of
63 MU or SC would eliminate the nonconformity of use.
64
65 Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of Community
66 Master Plans. These "CommuniKeys Plans" implement a vision that was developed by the local
67 community. In 2006, the Monroe County Board of County Commissioners adopted Policy
68 101.20.2(5)which incorporated the Key Largo Livable CommuniKeys Plan into the Monroe County
69 2010 Comprehensive Plan. Action Item 1.3.2 states: Revise the FLUM and Land Use District Maps
70 to resolve non-conformities in the planning area where appropriate. The proposed FLUM and
71 associated LUP amendment implements this Action Item of the adopted Key Largo CommuniKeys
72 Plan.
73
74 On October 30, 2012, the Monroe County Development Review Committee considered the proposed
75 amendment at a regularly scheduled meeting.
76
77 On November 28, 2012, the Monroe County Planning Commission voted 5-0 to recommend approval
78 of the proposed amendment to the Board of County Commissioners.
79
80
81
File #2012-097
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_ 1
82 IV.AMENDMENT;REVIEW
83
84 DENSITY AND INTENSITY ANALYSIS (COMPREHENSIVE PLAN POLICY 101.4.21)
85
Existing FLUM Type Adopted„Standards Development potential
,s based upon density
Residential 1 du/lot 5 units
Allocated Density/Acre
Residential
RM
F Max Net/Buildable AcreUM N/A N/A
Transient 0 rooms/spaces 0 rooms/spaces
Total site: 0.34 acres Allocated Density/Acre
0.27 net acres
S lots Transient N/A N/A
Max Net/Buildable Acre
Nonresidential 0 FAR 0 sf
Maximum Intensity
1 y :d t f - 4 l ] k 1 .� � I
'h i �. I ! t �y 1 � ..
Proposed FLUM e ` ' Adopted Standards D velopmenf potential
Typ ' based upondensity
Residential 1-6 du/ac 2 units
Allocated Density/Acre
Mixed Use/ Residential
Commercial Max Net/Buildable Acre 2-18 du/ac 0-4 units
FLUM Transient
Allocated Density/Acre 5-15 rooms/spaces 1-5 rooms/spaces
Total site:0.34 acres Transient
0.27 net acres 10-25 rooms/spaces 2-6.
Slots Max Net/Buildable Acre room/spaces
Non Residential 0.10-0.45 FAR 1,484—6,678 sf.
Maximum Intensity
86
87 Net Change: Residential(Allocated): -3 units
88 Residential(Max Net): +4 units
89 Transient(Allocated): +5 rooms/spaces*
90 Transient(Max Net): +6 rooms/spaces*
91 Non Residential: +6,678 square feet
92
93
94 The above table provides an approximation of the development potential for residential,transient
95 and commercial development. Section 130-156 of the Land Development Code states: "The
96 density and intensity provisions set out in this section are intended to be applied cumulatively so
97 that no development shall exceed the total density limits of this article. For example, if a
98 development includes both residential and commercial development, the total gross amount of
File #2012-097
Page 3 of 12
99 development shall not exceed the cumulated permitted intensity of the parcel proposed for
100 development."
101
102 There are no existing residential uses within the subject property. Any new residential use must
103 follow the Rate of Growth Ordinance (ROGO)permit process. An existing affordable residential
104 use may also be transferred to the subject property from a sender site that is located within the
105 Upper Keys subarea.
106
107 *Monroe County does not award ROGO allocations for the development of NEW transient
108 residential units (e.g., hotel &motel rooms), pursuant to Policy 101.2.6. For the development of
109 transient units in unincorporated Monroe County, existing transient units must be transferred
110 from the same ROGO subarea to a parcel designated as Tier III or Tier III-A which does not
111 propose the clearing of any portion of an upland native habitat patch of one acre or greater in
112 area.
113
114 COMPATIBILITY WITH THE SURROUNDING AREA
115
116 A. Existing Vegetation/Habitat: Developed land
117 B. Existing Tier Designation: III
118 C. Number of Listed Endangered or Threatened Species:None
119 D. Existing Use: Commercial
120 E. Community Character of Immediate Vicinity: Adjacent land uses consist of a day care
121 center to the south, residential uses to the north and west,with U.S. 1 right-of-way to the
122 east.
123
124 The proposed FLUM is not anticipated to adversely impact the community character of the
125 surrounding area.
126
127
128 CONCURRENCY ANALYSIS (Comprehensive Plan Policy 101.1.1)
129
130 Traffic Circulation(Comprehensive Plan Policy 301.1.1)
131
132 The subject property is located on U.S. 1 in Key Largo. The property is only accessible by U.S.
133 1. The 2012 URS Arterial Travel Time and Delay Study for Monroe County indicated a LOS of
134 A in Key Largo (MM 99.5 to MM 106.0). U.S 1 is required to maintain a level of serve (LOS)
135 of"C"in order to support development.
136
137 The proposed FLUM is not anticipated to adversely impact the Traffic Circulation LOS.
138
139 Potable Water(Comprehensive Plan Policy 701.1.1)
140
141 In March 2008, South Florida Water Management District (SFWMD) approved theKAA's
142 modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Foridian
143 Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98
144 MGD and a maximum monthly allocation of 809 MG with a limited annual withdrawal from the
File #2012-097 Page 4 of 12
145 Biscayne Aquifer of 6,492 MG or 17.79 MGD and an average dry season (December 1st-April
146 30th)of 17.0 MGD.
147
148 The Residential LOS is 66.5 gallons/capita/day. The Non-Residential LOS is 0.35 gallons
149 /sq.ft./day. The overall level of service for potable water is 132 gallons per capita/per/day.
150
151 Maximum Residential: 4 DU X 2.24 (people per household) = 8; 8 X 66.5 gallons per capita per
152 day=532 gallons per day
153
154 Maximum Non-Residential: 0.35 X 6,678 sq.ft.=2,337.3 gallons per day
155
156 TOTAL: 532+2,337.3 =2,869.3 gallons/day
157
158 The proposed FLUM is not anticipated to adversely impact the Potable Water LOS.
159
160 Solid Waste(Comprehensive Plan Policy 801.1.1)
161
162 Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44 pounds
163 per capita per day or 12.2 pounds per day per equivalent residential unit (ERU) and establishes a
164 haul out capacity of 95,000.tons per year or 42,668 ERUs. The Comprehensive plan requires
165 sufficient capacity be available at a solid waste disposal site to accommodate all existing and
166 approved development for a period of three years from the projected date of completion of the
167 proposed development of use. Monroe County has a solid waste haul out contract with Waste
168 Management LLC, which authorizes the use of in-state facilities through September 20, 2016,
169 thereby providing the County with approximately three years of guaranteed capacity.
170
171 Maximum Residential = 4 DUs X 2.24 (people per household) = 8; 8 X 5.44 pounds per capita
172 per day=43 pounds per day
173
174 The proposed'FLUM is not anticipated to adversely impact the Solid Waste LOS.
175
176 Sanitary Sewer(Comprehensive Plan Policy 901.1.1
177
178 The subject property is presently connected to the Key Largo Wastewater Treatment District
179 central;sewer system. The level of service (LOS) for residential and nonresidential flow is 145
180 gallons per day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master'Plan
181 2000).
182
183 Maximum Residential=4 X 145 =580 gallons per day
184
185 The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS.
186
187 Drainage(Comprehensive Plan Policy 1001.1.1)
188
189 All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set
190 forth in Chapters 17-25 and 17-302,'F.A.C,incorporated herein'by reference. hi addition,all projects shall
191 include an additional 50% of the water quality treatment specified below, which shall be calculated by
File #2012-097 Page 5 of 12
•
•
192 multiplying the volumes obtained in Section(a)by a factor of 1.5 ,Retention/Detention Criteria(SFWMD
193 Water Quality Criteria 3.2.2.2):
194
195 a) Retention and/or detention in the overall system, including swales, lakes, canals,
196 greenways, etc., shall be provided for one of the three following criteria or
197 equivalent combinations thereof
198
199 (1) Wet detention volume shall be provided for the first inch of runoff from the
200 developed project,or the total runoff of 2.5 inches times the percentage of
201 imperviousness,whichever is greater.
202
203 (2) Dry detention volume shall be provided equal to 75 percent of the above
204 amount computed for wet detention.
205
206 (3) Retention volume shall be provided equal to 50 percent of the above
207 amounts computed for wet detention.
208
209 b) Infill residential development within improved residential areas or subdivisions
210 existing prior to the adoption of this comprehensive plan must ensure that its post-
211 development stormwater run-off will not contribute pollutants which will cause the
212 runoff from the entire improved area.or subdivision to degrade receiving water
213 bodies and their water quality as stated above.
214
215 c) New Development and Redevelopment projects which are exempt from the South
216 Florida Water Management District permitting process shall also meet the
217 requirements of Chapter 40-4 and 40E-40,F.A.C.
218
219 The proposed FLUM is not anticipated to adversely impact the Drainage LOS.
220
221 Recreation and Open Space(Comprehensive Plan Policy 1201.1.1)
222
223 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy
224 1201.1.1, for resourced-based and activity-based recreation and open space of 0.82 acres of per
225 1,000 persons (functional population). If development occurs at 3 residential dwelling units and
226 2.24 per capita, there would be an additional 6 people located on this property.
227
228 The proposed FLUM is not anticipated to adversely impact Parks and Recreation/Open
229 Space LOS.
230
231
232
233
234
235
236
237
238
File #2012.097 Page 6 of 12
•
239 V. CONSISTENCY WITH THE 1VI UNROE COUNTY YEAR 2010 COIVIPREHENS1yE PLAN;
t - y Cal - F s t �
240 THE KEY LARGO ICOMMUNIKEYS PLAN,THE FLORIDA STATUTES,AND I ` f
241 'PRINCIPLES FOR,GUIDING DEVELOPMENT
242
243 A. The proposed amendment is generally consistent with'the following Goals, Objectives and
244 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically,it furthers:
245
246 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
247 safety of County residents and visitors,and protect valuable natural resources.
248
249 Policy 101.112: Monroe County shall adopt level of service (LOS) standards for the following public
250 facility types required by Chapter 9J-5,F.A.C: roads, sanitary sewer, solid waste,drainage,potable water,
251 parks and recreation, and parairansit. The LOS standards are established in the following sections of the
252 Comprehensive Plan:
253
254 1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
255
256 2. The LOS for potable water is established in Potable Water Policy 701.1.1;
257
258, 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
259
260 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
261
262 5. The LOS for drainage is established in Drainage Policy 1001.1.1;and
263
264 6. The LOS for parks and recreation is established in Recreation and Open Space Policy
265 1201.1.1
266
267 Objective 101.4: Monroe County shall regulate future development and redevelopment to
268 maintain the character'of the community and protect the natural resources by providing for the
269 compatible distribution of land uses consistent with the designations shown on the Future Land
270 Use Map.
271
272 Policy 101.4.5:The principal purpose of the Mixed Use/Commercial land use category is to provide for the
273 establishment of commercial zoning districts where various types of commercial retail and office may be
274 permitted at intensities which are consistent with the community character and the natural environment
275
276 Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are inconsistent
277 with the applicable provisions of the land development regulations and the Future Land Use flap, and
278 structures which are inconsistent with applicable codes and land development regulations.
279
280 Objective 101.11: Monroe County shall implement measures to direct future growth away from
281 environmentally sensitive land and towards established development areas served by existing' public
282 facilities.
283
284 Objective 101.20: Monroe County shall address local community needs while balancing the needs of all
285 Monroe County communities. These efforts shall focus on the human crafted environment and shall be
286 undertaken through the Livable CommuniKeys Planning Program.
File #2012-097 Page 7 of 12
287
288 Policy 101.20.2:The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as
289 a part of the plan and be implemented as part of the Comprehensive Plan. The following Community
290 Master Plans have been completed in accordance with the principles outlined in this section and adopted by
291 the Board of County Commissioners:
292
293 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
294 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the teen Objectives in the
295 Comprehensive Plan and the term Action Item is equivalent to the term Policy, the meanings and
296 requirements for implementation are synonymous.
297
298 B. The proposed amendment is consistent with the following Key Largo Livable
299 CommuniKeys Plan Action Item:
300
301 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in
302 the planning area where appropriate.
303
304 C. The proposed amendment is consistent with the Principles for Guiding Development for the
305 Florida Keys Area,Section 380.0552(7),Florida Statutes.
306
307 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
308 with the principles for guiding development and any amendments to the principles,the principles
309 shall be construed as a whole and no specific provision shall be construed or applied in isolation
310 from the other provisions.
311
312 (a) Strengthening local government capabilities for managing land use and development so that
313 local government is able to achieve these objectives without continuing the area of critical
314 state concern designation.
315 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
316 seagrass beds,wetlands, fish and wildlife, and their habitat.
317 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
318 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
319 beaches,wildlife,and their habitat.
320 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
321 economic development.
322 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
323 Keys.
324 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
325 environment, and ensuring that development is compatible with the unique historic character
326 of the Florida Keys.
327 (g) Protecting the historical heritage of the Florida Keys.
328 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
329 proposed major public investments, including:
330
331 1. The Florida Keys Aqueduct and water supply facilities;
332 2. Sewage collection,treatment,and disposal facilities;
333 3. Solid waste treatment,collection, and disposal facilities;
334 4. Key West Naval Air Station and other military facilities;
File #2012-097 Page 8 of 12
335 5. Transportation facilities;
336 6. Federal parks,wildlife refuges,and marine sanctuaries;
337 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
338 properties;
339 8. City electric service and the Florida Keys Electric Co-op; and
340 9. Other utilities, as appropriate.
341
342 (i) Protecting and improving water quality by providing for the construction, o eration,
343 maintenance, and replacement of stormwater management facilities; central sewage
344 collection; treatment and disposal facilities; and the installation and proper opera ion and
345 maintenance of onsite sewage treatment and;disposal systems.
346 (j) Ensuring the improvement of nearshore water quality by requiring the construe 'on and
347 operation of wastewater management facilities that meet the requirements of ss.
348 381.0065(4)(1) and 403.086(10), as'applicable, and by directing growth to areas served by
349 central wastewater treatment facilities through permit allocation systems.
350 (k) Limiting the adverse impacts of public investments on the environmental resources of the
351 Florida Keys.
352 (1) Making available adequate affordable housing for all sectors of the population of the Florida
353 Keys.
354 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
355 a natural or manmade disaster and for a postdisaster reconstruction plan.
356 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
357 maintaining the Florida Keys as a unique Florida resource.
358
359 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
360 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
361
362 C. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
363 Specifically,the amendment furthers:
364
365 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
366 and enhance present advantages; encourage the most appropriate use of land, water, and
367 resources, consistent with the public interest; overcome present handicaps; and deal
368 effectively with future problems that may result from the use and development of land within
369 their jurisdictions. Through the process of comprehensive planning, it is intended tliat units
370 of local government can preserve, promote, protect, and improve the public health, safety,
371 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
372 general welfare; facilitate the adequate and efficient provision of transportation, water,
373 sewerage, schools, parks, recreational facilities, housing, and other requirements and
374 services; and conserve, develop, utilize, and protect natural resources within ;their
375 jurisdictions
376
377 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the
378 legal status set out in this act and that no public or private development shall be permitted
379 except in conformity with comprehensive plans, or elements or portions thereof, prepared
380 and adopted in conformity with this act.
381
File #2012-097 Page 9 of 12
382 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, s dards,
383 and strategies for the orderly and balanced future economic, social, physical, enviro ental,
384 and fiscal development of the area that reflects community commitments to implement the
385 plan and its elements. These principles and strategies shall guide future decisions in a
386 consistent manner and shall contain programs and activities to ensure comprehensive plans
387 are implemented. The sections of the comprehensive plan containing the principles and
388 strategies, generally provided as goals, objectives, and policies, shall describe how the Iocal
389 government's programs, activities, and land development regulations will be initiated,
390 modified, or continued to implement the comprehensive plan in a consistent manner It is not
391 the intent of this part to require the inclusion of implementing regulations in the
392 comprehensive plan but rather to require identification of those programs, activities,and land
393 development regulations that will be part of the strategy for implementing the comprehensive
394 plan and the principles that describe how the programs, activities, and land development
395 regulations will be carried out. The plan shall establish Meaningful and predictable standards
396 for the use and development of land and provide meaningful guidelines for the content of
397 more detailed land development and use regulations.
398
399 163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon
400 surveys,studies,and data regarding the area, as applicable, including:
401 a. The amount of land required to accommodate anticipated growth.
402 b. The projected permanent and seasonal population of the area.
403 c. The character of undeveloped land.
404 d. The availability of water supplies,public facilities, and services.
405 e. The need for redevelopment, including the renewal of blighted areas and the elimination of
406 nonconforming uses which are inconsistent with the character of the community.
407 f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
408 g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
409 consistent with s. 333.02.
410 h. The discouragement of urban sprawl.
411 i. The need for job creation, capital investment, and economic development that will
412 strengthen and diversify the community's economy.
413 j. The need to modify land uses and development patterns within antiquated subdivisions.
414
415 163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following
416 analyses:
417 a.An analysis of the availability of facilities and services.
418 b. An analysis of the suitability of the plan amendment for its proposed use considering the
419 character of the undeveloped land, soils, topography, natural resources, and historic
420 resources on site.
421 c. An analysis of the minimum amount of land needed to achieve the goals and requirements
422 of this section.
423
424 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be
425 consistent with the adopted comprehensive plan, or element or portion thereof, and any land
426 development regulations existing at the time of adoption which are not consistent with the
427 adopted comprehensive plan, or element or portion thereof, shall be amended so as to be
428 consistent. If a local government allows an existing land development regulation which is
429 inconsistent with the most recently adopted comprehensive plan, or element or portion
File #2012-097 Page 10 of 12
.
430 thereof, to remain in effect, the local government shall adopt a schedule for bringing the land
431 development regulation into conformity with the provisions of the most recently adopted
432 comprehensive plan, or element or portion thereof. During the interim period when the
433 provisions of the most recently adopted comprehensive plan, or element or portion thereof,
434 and the land development regulations are inconsistent, the provisions of the most recently
435 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in
436 regard to an application for a development order.
437
438 163.3194(3)(a), F.S.—A development order or land development regulation shall be consistent
439 with the comprehensive plan if the land uses, densities or intensities, and other aspects of
440 development permitted by such order or regulation are compatible with and further the
441 objectives,policies, land uses, and densities or intensities in the comprehensive plan and if it
442 meets all other criteria enumerated by the local government.
443
444 163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements
445 thereof shall be implemented, in part, by the adoption and enforcement of appropriate local
446 regulations on the development of lands and waters within an area. It is the intent of this act
447 that the adoption and enforcement by a governing body of regulations for the development of
448 land or the adoption and enforcement by a governing body of a land development code for an
449 area shall be based on, be related to, and be a means of implementation for an adopted
450 comprehensive plan as required by this act
451
452 VI 'PROCESS
453
454 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
455 Planning Commission, the Director of Planning, or the owner or other person having a contractual
456 interest in property to be affected by a proposed amendment. The Director of Planning shall review
457 and process applications as they are received and pass them onto the Development Review
458 Committee and the Planning Commission.
459
460 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
461 review the application, the reports and recommendations of the Department of Planning &
462 Environmental Resources and the Development Review Committee and the testimony given at the
463 public hearing. The Planning Commission shall submit its recommendations and finding to the
464 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
465 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
466 recommendation, and the testimony given at the public hearing. The BOCC may or may not
467 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
468 Land Planning Agency, which then reviews the proposal and issues an Objections,
469 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
470 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
471 amendment.
472
473 VII `STAFFRECO ry a o NDATION
474
475 Staff recommends approval.
476
477
File #2012-097 Page 11 of 12
•
••
478 11:114ka[BTOS',
479
480 1. June 4,2012 Addendum to a Letter of Understanding issued on June 27,2003 concerning a
481 pet grooming and boarding facility located at 104980 Overseas Highway, Key Largo
482 2. Monroe County Resolution 127-2012
483 3. Proposed FLUM Map
484
•
File #2012-097 Page 12 of 12
•
Exhibit 1
County of Monroe
Growth Management Division
Planning&Environneojai Resources c,Y ' o�J Beard of Coonty Commissieeera
Deo:trtment Mayor David Rice,Dist 4
2798 Overseas Highway.Suite 410 �y r Mayor Pro Tem Kim Wigington.Dist.t
Marathon,FL 33050 Heather Carruthers,Dist.3
voice: (305)289-2500 • George Neugeut.Dist.2
FAX: (305)289-2536 Sylvia J.Murphy.Dist.5
We strive to be caring,professional and fair
June 4,2012
John Moore
104980 Overseas Highway
Key Largo,33037
SUBJECT: ADDENDUM TO LETTER OF UNDERSTANDING ISSUED ON JUNE 27,
2003 CONCERNING A PET GROOMING AND BOARDING FACILITY,
LOCATED AT 104980 OVERSEAS HIGHWAY, KEY LARGO, MILE
MARKER 104.9, HAVING REAL ESTATE NUMBERS 00511220.000000,
00511220.000100 AND 00511220.000101
Mr.Moore,
Pursuant to §110-3 of the Monroe County Code(MCC), this document shall constitute a Letter
of Understanding(LOU). On June 12,2003,a Pre-Application Conference regarding the above-
referenced property was held at the office of the Monroe County Planning & Environmental
Resources Department on Plantation Key.• A letter of understanding was issued afterwards on
June 27,2003.
Note: The June 27, 2003 was for the following real estate numbers: 00511200.000000,
00511210.000000, 00511220.000000 and 00511230.000000. Real estate numbers
00511200.000000, 00511210.000000, and 00511230.000000 were combined with
00511220.000000 for the 2009 tax roll per the property owner's request. Two new real estate
numbers,00511220.000100 and 00511220.000101, was split out from 00511220.000000 for the
2010 tax roll per the property owner's request.
The Board of County Commissioners passed and adopted Resolution #127-2012 on April 18,
2012. This resolution,adopted after the issuance of the letter of understanding on June 27,2003,
amended the Planning &Environmental Resources Department's fee schedule. Of relevance to '
your property and the development thereon, the amended fee schedule included the following
new provision:
There shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official [Land Use District
Addendum to June 27,2003 Letter of Understanding Page I of 4
(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
lawfully1992 was deemed nonconforming
�in g by final adoption of the LUD map and/or
currently existing use on the site that also existed lawfully on the site in 1997 was
deemed nonconforming by final adoption of the FLUM. To qualify for the fee
exemption, the applicant must apply for a LUD and/or FLUM designation(s) that would
eliminate the non-conforming use created with adoption of the existing designation(s)
and not create an adverse`:impact to the community. Prior to submittal of a map
amendment application, the applicant must provide the evidence supporting the change
and application for a fee exemption with the proposed LUD map/FLUM designations to
the Monroe County Planning & Environmental Resources Department as part of an
application for a Letter of Understanding Following a review, the.Director of Planning.
&Environmental Resources shall determine if the information and evidence is sufficient,
and whether the proposed LUD map and/or FLUM designations are acceptable for the fee
waiver, and approve or deny the fee exemption request. This fee waiver Letter of
Understanding shall not obligate the staff to recommend approval or denial of the
proposed LUD or FLUM Category.
You have requested that the Senior Director of Planning&Environmental Resources render suc4
a decision in relation to the subject property and allow you to submit FLUM and LUD
amendment applications without the required application fees.
The property has a FLUM designation of Residential Medium (RM), a LUD designation of
Improved Subdivision(IS),and a tier designation of Tier 3.
You have requested a FLUM designation of Mixed Use / Commercial (MC) and a LUD
designation of either Suburban Commercial(SC)or Mixed Use(MU).
The property was within a BU-2 district(Medium Business)prior to 1986 when the property was
re-designated IS.
Regarding the development and use of the existing building on the property:
There is no building permit on file for the existing building. According to the Monroe
County Property Appraiser's records,it was constructed in 1960.
In 1977, Building Permit#C3245 was issued to relocate a ground-mounted sign. In the
permit file,the business is identified as"R&R Marine Inc.",a commercial retail use.
In 1982, Building Permit #C11551 was issued for new electric installation. On the
permit,the business is identified as"Upper Keys Coin Laundry",a commercial retail use.
In 1986,Building Permit#20794 was issued for the re-roofing of the existing building.
On the permit,the business is identified as a"coin laundry",a commercial retail use.
Addendum to June 27,2003 Letter of Understanding Page 2 of 4
After I986, all subsequent permits indicate that the building was being utilized for
commercial retail use.
The current regulations pertaining to permitted uses in the IS district do not allow a commercial
retail building. Furthermore, Policy 101.4.3 of the Monroe County Year 2010 Comprehensive
Plan, which describes permitted uses in the RM FLUM category, does not state that commercial
retail uses are allowed. Therefore, the existing commercial,retail use is nonconforming to the
current provisions of the Monroe County Code and Comprehensive Plan.
However, as the building and its commercial retail use were approved and permitted prior to
1986,the existing use is considered a lawful nonconforming,use.
._ lution #127-2012 requires the property owner to provide satisfactory evidence that the
existing use on the site also existed lawfully in 1992 and was deemed nonconforming by final
adoption of the LUD map and/or the existing use on the site existed-lawfully in 1997 and was
deemed nonconforming by final adoption of the FLUM. Following a review, Staff has
determined that the existing use existed lawfully in 1992 and was deemed nonconforming by the
final adoption of the LUD map. Staff has also determined that the existing use existed lawfully
in 1997 and was deemed nonconforming by the final adoption of the FLUM.
Resolution #127-2012 requires the applicant to apply for a LUD and/or FLUM designation(s)
that would eliminate the non-conforming use created with adoption of the existing designation(s)
and not create an adverse impact to the community. Following a review, Staff has determined
that the proposed FLUM category of MC and proposed LUD designations of SC or MU would
eliminate the nonconformity to use. Therefore, the proposed designations ate acceptable;
however prior to application submittal, you must decide on whether to pursue an amendment to
SC or MU. Staff cannot make this decision. In addition, please be aware that Staff is not
obligated-to recommend approval of the proposed LUD or FLUM designations. Staff is required
to review the application on its merit and determine upon a full review that there shall not be an
adverse impact to the community and is consistent with the provisions of the Comprehensive
Plan and Monroe County Code.
In conclusion, Staff has determined that your proposal qualifies 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. However,you are responsible for all other requirements, including the fees for
advertising ($245.90 per application) and noticing ($3.00 per each surrounding property per
application).
In addition, please note that you are eligible for these fee waivers so long as such waivers are
permitted by the fee schedule. If the fee schedule is amended to remove such a provision in the
future, you may not be eligible to submit the application without such required application fees
afterwards.
$ • # • • • •
Addendum to June 27,2003 Letter of Understanding Page 3 of 4
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 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
S laffilt IP°
an,Planning&Development Review Manager
for
Townsley Schwab,
Senior Director of Planning&Environmental Resources
CC: Mayte Santamaria,Assistant Director of Planning
•
Addendum to June 27,2003 Letter of Understanding Page 4 of 4
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The applicant stated that he has no intention.of relocating or redeveloping the sttnctaare. He,also
shed his understanding that the structure may not be emended,enlarged,:or occupy additional
land. It was conveyed to the applicant that the addition of outside kernels or peas for the animals,
or a modification of the strtwturr to allow such provisions from the i aside would constitute a
violation of this clause. The applicant agreed to these interpretations and stated that the cervices
provided would be conducted only within the structure itself. The appl cant'e,intentions'are to
have approximately 10 indoor`pens"for dogs and a separate room for a reception and groom tg
area. A"catltouse" was also shown to be located in this portion of the saucture. It is staffs
understancbng that this was not intended as a brothel,but as an area for felines'to board. Staff does
not view individual dog-walking on the outside premises a violation of the abave.eteteai mitedia.
(occupying additional ranch).
with that said, this proposal.becomes a.question of whether or not-i is is a cha ge of use. Staff.
does not belies this to be the case since a change of use must involve a greater intensity of use for
the new proposal. It is stairs opinion that the imaaaity will be less fora kennel that it is far the
existing laundromat.
4. The existing building caartntly has several non-striped parking areas that have been sufficient for
the current business at this location. Per Monroe County Code(MCC)parking requirements,three
(3)parking spaces per 1,000 square feat of floor area is required for the proposed use. Any fute e
use of the site would be required to provide one(1)handicapped space with appropriate signage
and sniping.The area in front of the stiustbun already hail a flat,paved enthuse with unobstructed
access into the bolding.
5. Any requests for signage,or changes to the existing signage would be handled timiugh a separate
application and review.Any applicable regulations within Sections 9.5-404 through 9.5.405 of the
Monroe County Land Development Regulations would have to be adhered to if changes in signage
are petitioned.
Pursuant to Section 9.5-43 of the Monroe Courxiy Code,you ere to rely upon the repreauatatiooa set forth in
this letter of understanding as accurate under the regulations currently in effect. However.the Planning
Department acknowledges that all items required as part of the application for development approval may
not have been addressed at the June 12,2003 meeting, end consequently'rt;serves the right for additional
department comment
We trust that this information is of assistance. if you have any questions regarding the content nt of this
letter,or if we may be able to further assist you with your project,please feel free to contact our office at.
(305)289-2500.
di) r4t
gap
toothy s.:.
Division i' _c ,4 Management
•Cc: Marlene Conaway,Director of Planning and Enviromnental Resources
Ervin Biggs,Property Appraiser •
Jeff Seaward,Senior Planner •
Jerry Buckley,Planner
Niko Reisinger,Biologist
Page 2 of 2
1
Exhibit 2
le
`1 Lid
•
MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMIVIISSIONERS
RESOLUTION NO. 127 -2012
A RESOLUTION AMENDING RESOLUTION 169-2011, THE
PLANNING & ENVIRONMENTAL RESOURCES
DEPARTMENT FEE SCHEDULE; TO GENERALIZE THE
TITLE OF THE FEE FOR APPLICATIONS FOR EXTENSIONS
OF TIME AUTHORIZED BY STATE LEGISLATION; TO
EXEMPT MAP AMENDMENT FEES FOR PROPERTY
OWNERS WHO APPLY TO AMEND THEIR PROPERTIES'
LAND USE DISTRICT AND/OR FUTURE LAND USE MAP
DESIGNATIONS TO DESIGNATIONS THAT WOULD
ELIMINATE NONCONFORMITIES TO USES THAT WERE
CREATED WHEN THE PROPERTIES WERE REZONED BY
THE COUNTY IN 1992 AND/OR PROVIDED A FUTURE
LAND USE MAP DESIGNATION IN 1997 UNDER CERTAIN
CONDITIONS; PROVIDING FOR A FEE FOR A LETTER OF
UNDERSTANDING FOR MAP AMENDMENT FEE
WAIVERS;AND TO REPEAL ANY OTHER FEE SCHEDULES
INCONSISTENT HEREWITH.
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner;and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services,thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services;and
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on-site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services;and
Planning&Environmental Resources Department Fee Schedule
Page 1 of 7
WHEREAS, the Board has discussed the need to adjust the fee schedule to
compensate the county for resources needed in excess of the fee estimates included in the
base fees;and
WHEREAS, applicants for development review should pay the cost of the
review,rather than those funds coming from other sources;and
WHEREAS, the Board of County Commissioners wishes to amend fees to
compensate for resources expended in applications for private development approvals;
and
WHEREAS, The Florida State Legislature is considering legislation which
allows for extensions of time for some development orders for which the fee is currently
$250.00,based on previous Senate and House bills;and
WHEREAS, in 1992, a revised series of zoning maps was approved(also known
as the Land Use District(LUD>maps) for all areas of the unincorporated county. These I
maps depicted boundary determinations carried out between 1986 and 1988, depicted
parcel lines and were drawn at a more usable scale. Although signed in 1988,the LUD's
did not receive final approval until 1992. The Monroe County Land Development
Regulations, portions of which are adopted.by Rule 28-20.021, F.A.C., and portions of
which are approved by the Department of Community Affairs in Chapter 9J-14, F.A.C.,
were amended effective August 12, 1992. The Land Use District Map was revised to
reflect the changes in this rule. The LUD maps remain the official zoning maps of
Monroe County;and
WHEREAS, in 1993, Monroe County adopted a set of Future Land Use Maps
(FLUM) pursuant to a joint stipulated settlement agreement and Sec. 163.3184 Florida
Statutes. The Ordinance #016-1993 memorialized the approval. This map series was
dated 1997. The 1997 FLUM remains the official future land use maps of Monroe
County;and
WHEREAS, since the adoption of the LUD maps and FLUM, the County has
discovered that several parcels with existing, lawful uses were assigned land use district
and future land use categories that deemed those uses nonconforming. In these instances,'
the County created nonconformities to use without studying of the existing uses and the,
impact of deeming those uses nonconforming. A remedy to existing property owners
would be to allow those property owners to apply for map amendments to designations
that would eliminate the nonconformities created by the County and not by the property
owner without the payment of a fee;and
WHEREAS, the County wishes to clarify that fees will be changed to private
applicants for traffic studies required or requested for not only map amendments,but for
text amendments submitted by private applicants;and
Planning&Environmental Resources Department Fee Schedule
Page 2 of 7
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 18,2012;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1.
Pursuant to Section 102-19(9),the following schedule of fees to be charged by the
Growth Management Division for its services, including but not limited to the
filing of land development permit applications, land development approvals, land
development orders, and appeal applications, and requests for technical services
or official letters attesting to development rights recognized by the County shall
be implemented:
Administrative Appeals $1,500.00
Administrative Relief $1,011.00
Alcoholic Beverage Special Use Permit $1,264.00
Appeal ROGO or NROGO to BOCC $816.00
Beneficial Use $4,490.00
Biological Site Visit(per visit) .$280.00
Biologist Fee(Miscellaneous-per hour) $60.00
Boundary Determination . $1,201.00
Comprehensive Plan,Text Amendment $5,531.00
Comprehensive Plan,Future Land Use Map(FLUM)Amendment $5,531.00
Conditional Use,Major,New/Amendment $10,014.00
Conditional Use,Minor,New/Amendment $8,484.00
Conditional Use,Minor,Transfer Development Rights(TDR) $1,239.00
Conditional Use,Minor,Transfer Nonresidential Floor Area(TRE)$1,944.00
Conditional Use,Minor,Transfer ROGO Exemption(IRE) $1,740.00
Conditional Use,Minor/Major,Minor Deviation $1,768.00
Conditional Use,Minor/Major,Major Deviation $3,500.00
Conditional Use,Minor/Major,Time Extension $986.00
Department of Administrative Hearings(DOAH)Appeals $816.00
Development Agreement $12,900.00
Development of Regional Impact(DRI) $28,876.00
Dock Length Variance ..$1,026.00
Front Yard Setback Waiver,Administrative $1,248.00
Front Yard Setback Waiver,Planning Commission $1,608.00
Grant of Conservation Easement $269.00
Habitat Evaluation Index(per hour) $60.00
Home Occupation Special Use Permit $498.00
Inclusionary Housing Exemption $900.00
Land Development Code,Text Amendment $5,041.00
Land Use District Map,Amendment—Nonresidential $4,929.00
Land Use District Map,Amendment—Residential $4,131.00
Planning&Environmental Resources Department Fee Schedule
Page3of7
I
.
Letter of Current Site Conditions .$936.00
Letter of Development Rights Determination $2,209.00
Letter of ROGO Exemption .$215.00
Letter of Understanding for LUD Map/FLUM Fee waiver .$250.00
NROGO Application $774.00
Planning Fee(Miscellaneous-per hour)... $50.00
Parking Agreement $1,013.00
Planning Site Visit $129.00
Platting,5 lots or less $4,017.00
Platting,6 lots or more $4,613.00
Pre-application with Letter of Understanding $689.00
Pre-application with No Letter of Understanding $296.00
Public Assembly Permit $149.00
Dog in Restaurant Permit $150.00
Research,permits and records(per hour) $50.00
Road Abandonment $1,533.00
ROGO Application $748.00
ROGO Lot/Parcel Dedication Letter $236.00
Legislative Time Extension for Development Orders/Pernuts...... $250.00
Special Certificate of Appropriateness ..$200.00
Tier Map Amendment—Other than IS/URM Platted Lot $4,131.00
Tier Map Amendment IS/URM Platted Lot Only $1,600.00
Vacation Rental Permit(Initial) $493.00
Vacation Rental(Renewal) $100.00
Vacation Rental Manager License $106.00
Variance,Planning Commission,Signage $1,076.00
Variance,Planning Commission,Other than Signage ..$1,608.00
Variance,Administrative .. $1,248.00
Vested Rights Determination $2,248.00
Wetlands Delineation(per hour) $60.00
Growth Management applications may be subject to the following additional fees,
requirements or applicability:
1. For any application that requires a public hearing(s) and/or surrounding
property owner notification, advertising and/or notice fees; $245 for,
newspaper advertisement and$3 per property owner notice.
2. There shall be no application or other fees, except advertising and noticing
fees, for affordable housing projects, except that all applicable fees shall be
charged for applications for all development approvals required for any
development under Sec. 130-161.1 of the Monroe County Code and for
applications for variances to setback, landscaping and/or off-street parking
regulations associated with an affordable housing development.
planning 8c Environmental Resources Department Fee Schedule
Page 4 of 7
•
3. There shall be no application fees, except advertising and noticing fees, for
property owners who apply for a,map amendment to the official LUD map
and/or the official FLUM, if the property owner can provide satisfactory
evidence that a currently existing use on the site that also existed lawfully in
1992 was deemed nonconforming by final adoption of the LUD map and/or a
currently existing use on the site that also existed lawfully on the site in 1997
was deemed nonconforming by final adoption of the FLUM. To qualify for;
the fee exemption, the applicant must apply for a LUD and/or FLUM 1
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 PLUM;
designations are acceptable for the fee waiver, and approve or deny the fee I
exemption request.This fee waiver Letter of Understanding shall not obligate
. the staff to recommend approval or denial of the proposed LUD or PLUM
Category.
4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and
expenses of any hearing officer. The County is currently charged$144.00 per
hour by Department of Administrative Hearings (DOAH). If the fee charged
to the County is increased, the charge will change proportionately. An
estimated amount of one-half of the hearing officer costs as determined by the
County Attorney shall be deposited by the applicant along with the application
fee,and shall be returned to the applicant if unused.
5. Base fees listed above include a minimum of (when applicable) two internal
staff meetings with applicants; one Development Review Committee meeting,
one Planning Commission public hearing; and one Board of Countyl
Commission public hearing. If this minimum number of meetings/hearings is
exceeded, the following fees shall be charged and paid prior to the private
development application proceeding through public hearings:
a. Additional internal staff meeting with applicant $500.00
b. Additional Development Review Committee public hearing$600.00
c. Additional Planning Commission public hearing $700.00
d. Additional Board of County Commissioners public hearing$850.00
The Director of Growth Management or designee shall assure these additional
fees are paid prior to hearing scheduling. These fees apply to all applications
filed after September 15,2010.
Planning&Environmental Resources Department Fee Schedule
Page 5 of 7
6. Applicants for Administrative Appeal,who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
7. Concerning the application fees to amend the tier maps, the lesser application
fee of $1,600.00 is only available for applications to amend the tier
designation of a single URM or IS platted lot. It may not be used to amend
the designation of more than one parcel.
8. Applicants for any processes listed above. that are required to provide
transportation studies related to their development impacts shall be required to
deposit a fee of$5,000 into an escrow account to cover the cost of experts
hired by the Growth Management Division to review the transportation and I
other related studies submitted by the applicant as part of the development -
review process or any text amendment submitted by a private applicant. Any
unused funds deposited by the applicant will be returned upon permit
approval. Monroe County shall obtain an estimate from the consultant they
intend to hire to review the transportation study for accuracy and methodology
and if the cost for the review on behalf of Monroe County is higher than the
$5000, applicant shall remit the estimated amount. Any unused funds
deposited by the applicant will be returned upon permit approval.
Section 2.
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
Section 3.
The.Clerk of the Board is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Planning&Environmental Resources Department Fee Schedule
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18thday of April ,2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
• • n,>\OUNTY BOARD OF COUNTY COMMISSIONERS
KOLHAGE CLERK
„, no
-:•••
- 17._ By
f Clerk Mayor David Rice
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"1" •• MOW/ •sUNTY ATTORNEY
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Planning&Environmental Resources Department Fee Schedule
Page 7 of 7
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF: COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE :LAND PLANNING
AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF THE
MONROE COUNTY YEAR, 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR
PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY,KEY LARGO,LOTS
1-5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80
OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS 00511220-000000, 00511220-000100, AND 00511220-
000101.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and
comment of 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 future land use map amendment.
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 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
P. 1 of 2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18th day of April,2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner David Rice
Commissioner Sylvia Murphy
Commissioner Danny Kolhage
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
BY
Mayor George Neugent
(SEAL)
ATTEST:Amy Heavilin, Clerk
Deputy Clerk
MO CO ATTORNEY
APPNK E VE AS 0 FORM:E;
JedIA4 A
Date:s*V/''.wt 02 7 f
P.2 of 2
1 fox. ��o.
2
3 Ir _11;
5 xu,
6
7 ORDINANCE - 2013
8
9
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF
13 THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
14 RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCL&L (MC)
15 FOR PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, KEY
16 LARGO, LOTS 1-5,BLOCK 4, REVISED AMENDED PLAT OF RI'VIERA
17 VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE
18 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00511220-
19 000000, 00511220-000100, AND 00511220-000101; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
21 PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE STATE
22 LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH.
23 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE:
24
25
26 WHEREAS, an application was filed by'John C. and Wendy A Moore on July 3, 2012, to
27 amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
28 Use/Commercial (MC) for property legally described as Lots 1-5, Block 4, Revised Amended Plat
29 . of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate
30 numbers 00511220-000000, 00511220-000100,and 00511220-000101; and
31
32 WHEREAS, the Monroe County Development Review Committee considered the proposed
33 amendment at a regularly scheduled meeting held on the 301 day of October, 2012; and
34
35 WHEREAS, at a regularly scheduled meeting held on the 28th day of November, 2012, ;the
36 Monroe County Planning Commission held a public hearing for the purpose of considering the
37 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to
38 the Monroe County Year 2010 Comprehensive Plan;and
39
40 WHEREAS,the Monroe County Planning Commission made the following findings:
41
42 1. The proposed FLUM is not anticipated to adversely impact the community character of the
43 surrounding area;
44
45 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
46 adopted Level of Service(LOS);
47
48 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
49 Monroe County Year 2010 Comprehensive Plan;
50
51 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan;
52
53 5. The amendment is consistent with the Principles for Guiding Development for the Florida
54 Keys Area, Section 380.0552(7),Florida Statute(F.S.);and
55
56 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes(F.S.).
57
58 WHEREAS, at a special meeting held on 18th day of April, 2013, the Monroe County Board
59 of County Commissioners held a public hearing to consider the transmittal of the proposed
60 amendment; and
61
62 WHEREAS, the proposed Comprehensive Plan amendment to amend Future Land Use Map
63 was reviewed by the State Land Planning Agency which issued an Objections, Recommendations,
64 and Comments (ORC) Report on with no comments or issues relative to this
65 amendment; j
66
67 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
68 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
69
70 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
71 amended as follows:
72
73 The property legally described as Lots 1-5, Block 4, Revised Amended Plat of
74 Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida,
75 having real estate numbers 00511220-000000, 00511220-000100, and
76 00511220-000101 is changed from Residential Medium (RM) to Mixed
77 Use/Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated
78 herein.
79
80 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
81 provision of this ordinance is held invalid, the remainder of this ordinance shall
82 not be affected by such validity.
83
84 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
85 conflict with this ordinance are hereby repealed to the extent of said conflict.
86
87 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
88 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
89 Statutes.
90
91
2
- I
92 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
93 secretary of the State of Florida but shall not become effective until a notice is
94 issued by the State Land Planning Agency or Administration Commission
95 finding the amendment in compliance with Chapter 163.
96
97 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
98 at a regular meeting held on the day of , 2013.
99
100 Mayor George Neugent
101 Mayor Pro Tern Heather Carruthers
102 Commissioner David Rice
103 Commissioner Sylvia Murphy
104 Commissioner Danny Kolhage
105
106 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
107 BY
108 Mayor George Neugent
109
110 (SEAL)
111 ATTEST: Amy Heavilin, Clerk
112 'UNTYATTOANEY
jpiD:r4ONAn
P -O •DASTOFORh113 Deputy Clerk
114
115
3
Exhibit 1 to Ordinance# -2013
I ► ► I_ I I ,
TARPON AVE
MARLIN AVE
00511220-0001'00
00511 20-000000 •
00511220-00010
DOLPHIN RO
-14
6,41
OJT
05 '
/POMPANO DR
The Monroe County Future Land Use Map is amended
as indicated above.
•
Proposal: Future Land Use change of three parcels from
Residential Medium (RM)to MixedUse/Commercial (MC):
RE Numbers: 00511220-000000, 00511220-000100, and 00511220-000101
1