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Item R3 R.3 County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � ��F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: R.3 Agenda Item Summary #10235 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 1:30 PM PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District ("Zoning") Map from Mixed Use ("MU") to Destination Resort("DR") for property located at 6000 Peninsular Avenue, Stock Island, Monroe County, Florida, located at mile marker 5, currently having Property Identification No. 00127480-000000, as proposed by Smith/Hawks as agent for SH Marinas 6000, LLC. ITEM BACKGROUND: On February 24, 2020, the Planning and Environmental Resources Department received an application from Bart Smith as authorized agent for SH Marinas 6000, LLC ("applicant") to amend the Land Use District ("Zoning") Map from Mixed Use ("MU") to Destination Resort ("DR") for property located at 6000 Peninsular Ave., Stock Island, mile marker 5, currently having property identification number 00127480-000000 ("property"). G � � t � { t Existing Zoning Map Designation Proposed Zoning Map Designation Packet Pg. 3380 R.3 Related Applications The applicant has also submitted the following related applications: • A Minor Conditional Use Permit for the Transfer of 80 Market Rate ROGO Exemptions and eighteen (18) from Wrecker's Cay Apartments at Stock Island, LLC (sender site) to an undesignated receive site. (Planning Department File No. 2019-149). Development Order No. 03-21 was issued on May 27, 2012, and recorded in the Official Records of Monroe County, Florida ("land records") on August 6, 2021. No application to place the ROGO exemptions on a receiver site has been submitted as of the date of this report; • A Minor Conditional Use Permit for the Transfer of 48 Market Rate ROGO Exemptions from Banyan Grove (sender site)to the subject Property (receiver site) (Planning Department File No. 2019-127) -this file remains pending; • A Development Agreement between Stock Island Yacht Club (the "property") and Monroe County to develop the property as a destination resort using up to 107 market-rate dwelling units as short-term vacation rental units and developing up to 41 transient units (Planning Dept. File No. 2020-047); • A right-of-way abandonment for a portion of Peninsular Avenue consisting of 25,344 square feet (0.581 acres) (Planning Department File No. 2020-111) was approved by the Monroe County Board of County Commissioners on January 21, 2022; and • A Major Conditional Use for the development of the property (Planning Department File No. 2021-195. Community Meeting and Public Participation In accordance with Monroe County Land Development Code ("LDC") Section 102-159(a), a community meeting was held on August 6, 2020 to discuss the proposed Land Use District ("Zoning") Map amendment and to provide for public participation. Public comments included: impact of proposed LUD amendment to Wrecker's Cay, concern about traffic impacts (request to compare traffic to 2019 ATTDS), Stock Island changing from a residential community to more commercial/transient development, impact to hurricane evacuation, effect of receiving map amendment approval without approval of resulting development concurrently, applicability and effect of AICUZ, consistency of Code with transfers of market-rate units into DR zoned property, and changes in types of units permitted to conduct vacation rentals. A second community meeting was held on August 11, 2 02 1. Development Review Committee and Public Input At a regular meeting held on August 25, 2020, the Monroe County Development Review Committee ("DRC") considered the proposed LUD map amendment and provided for public comment. Planning Commission and Public Input At a regular meeting held on November 16, 2021, the Monroe County Planning Commission considered the proposed LUD map amendment, provided for public comment and recommended approval through Planning Commission Resolution No. P27-21. The proposed amendment would result in the following changes to potential density and intensity on the site: Packet Pg. 3381 R.3 Maximum Allocated Densi and Intensity by Land Use District(Zoning) Ma Designation Development Existing Zoning Type Adopted Standards potential based upon density Residential 1 DU/acre 13.10 units Allocated Density Mixed Use(MU) TDR/Market Rate Residential 18 DU/buildable acre 188.58 units Max Net Density Total Upland Area: Affordable Residential Max Net Density18 DU/buildable acre 188.58 units 13.1 acres 570,461 SF Transient 5-10 rooms or spaces 65.48- 130.96 Allocated Density /acre rooms/spaces 10.48 buildable acres Transient 15 rooms or spaces 157.15 (13.1 ac—0.2 open space Max Net Density /buildable acre rooms/spaces' ratio) Nonresidential 85,569—228,184 0.15—0.40 FAR Maximum Intensity SF Development Proposed Zoning Type Adopted Standards potential based upon density Residential 1 du/gross acre 13.10 units Allocated Density Destination Resort(DR) TDR/Market Rate Residential 18 DU/buildable acre 188.58 unit Max Net Density Total Upland Area: Affordable Residential Max 18 DU/buildable acre 188.58 units 13.1 acres Net Density 570,461 SF Transient 10 rooms or spaces 130.96 Allocated Density /acre rooms/spaces 10.48 buildable acres Transient 25 rooms or spaces 261.92 (13.1 ac—0.2 open space ratio) Max Net Density /buildable acre rooms/spaces Nonresidential 0.25 FAR 142,615 SF Maximum Intensity Packet Pg. 3382 R.3 Residential Market Rate Allocated: 0 units (no change) TDR/Market Rate Residential Max Net: 0 units(no change) Net Change in Development Affordable Residential Max Net: 0 units affordable (no change) Potential Based on Zoning Transient Allocated: 0 rooms/spaces(no change) Transient Max Net: +104.77 rooms/spaces' Nonresidential: -85,569 SF 1 — The table was updated to remove calculation for institutional residential uses at a transient max net density because institutional residential uses are not a permitted use within the proposed Destination Resort (DR) zoning. Therefore,in order to provide an accurate, this table has been revised. The above table provides an approximation of the development potential for residential, transient and commercial development. LDC Section 130-156(b): "The density and intensity provisions set out in this section are intended to be applied cumulatively so that no development shall exceed the total density limits of this article. For example, if a development includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development." As shown in the blue portion of the table, the proposed Zoning amendment would result in no change to the residential allocated density, the TDR/Market Rate Max Net density, affordable residential max net density, or transient allocated density. The proposed Zoning amendment would result in an increase of 104.77 rooms/spaces in transient max net density and a decrease of 85,569 square feet in nonresidential development potential. The professional staff of the Monroe County Planning and Environmental Resources Department have determined that the proposed Zoning amendment is consistent with the Monroe County Year 2030 Comprehensive Plan and the Monroe County Land Development Code. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2020-037 BOCC SR 02.16.22 2020-037 LUD 11X17 Ordinance Ex.1_LUD_ORD_MAP Packet Pg. 3383 R.3 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 02/01/2022 7:03 AM Peter Morris Completed 02/01/2022 4:32 PM Purchasing Completed 02/01/2022 4:36 PM Budget and Finance Completed 02/01/2022 4:39 PM Maria Slavik Completed 02/01/2022 4:44 PM Liz Yongue Completed 02/01/2022 5:26 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 3384 R.3.a rs 1S � .fis+, 2 g 3 e 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 9 To: Monroe County Board of County Commissioners N 10 11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 12 2 13 From: Cheryl Cioffari, AICP, Assistant Director of Planning 0 14 15 Date: February 1, 2022 16 17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the �t 18 Monroe County Land Use District (Zoning) Map from Mixed Use (MU) to Destination 19 Resort (DR) for property located at 6000 Peninsular Ave., Stock Island, Mile Marker 5 20 having Parcel ID No. 00127480-000000, as proposed Smith/Hawks PL on behalf of SH > 21 Marinas 6000, LLC (File 2020-037) 22 y 23 Meeting: February 16, 2022 24CL 25 I REQUEST CD CD 26 _ 27 On February 24, 2020, the Planning and Environmental Resources Department received an application 28 from Barton W. Smith of Smith Hawks PL on behalf of SH Marinas 6000, LLC (the "Applicant") to 29 amend the Land Use District(Zoning)Map from Mixed Use(MU)to Destination Resort(DR)for property N 30 located at 6000 Peninsular Ave., Stock Island, Mile Marker 5, having Parcel ID No. 00127480-000000 31 (the"Property"). v)i t ' s�4 Cl N h � ttn "i4 ix y i � �i3 'ls iij _- t- 32 33 Existing Zoning Map Designation Proposed Zoning Map Designation BOCC SR 02.16.2022 Page 1 of 17 File 2020-037 Packet Pg. 3385 R.3.a I Related Applications 2 The Applicant has also submitted the following applications: 3 • A Minor Conditional Use Permit for the Transfer of 80 Market Rate ROGO Exemptions and 4 eighteen (18) from Wrecker's Cay Apartments at Stock Island, LLC (sender site) to an 5 undesignated receive site. (Planning Dept. File 2019-149). Development Order 03-21 was issued 6 on May 27, 2012 and recorded on August 6, 2021. No application to place the ROGO exemptions 7 on a receiver site has been submitted as of the date of this report; -� 8 • A Minor Conditional Use Permit for the Transfer of 48 Market Rate ROGO Exemptions from 9 Banyan Grove (sender site) to the subject Property (receiver site) (Planning Dept. File 2019-127) 10 -this file remains pending; 11 • A Development Agreement between Stock Island Yacht Club (the Property) and Monroe County 12 to develop the Property as a destination resort using up to 107 market-rate dwelling units as 13 vacation rentals and developing up to 41 transient units (Planning Dept. File 2020-047); 14 • A right-of-way abandonment for a portion of Peninsular Avenue consisting of 25,344 square feet 15 (0.581 acres) (Planning Dept. File 2020-111) was approved by the BOCC on January 28, 2022; 16 and E 17 • A Major Conditional Use for the development of the Property (Planning Department File 2021- 18 195. 19 20 IL BACKGROUND INFORMATION e�C 21 Site Information: 22 Location: MM 5, Stock Island 4 � , 23 Address: 6000 Peninsular Avenue on Stock Island 24 Parcel ID Number: 00127480-000000 25 Owner/Applicant: SH Marinas 6000, LLC 26 Size of Property: 570,461 SF (13.1 acres)' t �° 27 FLUM Designations: Mixed Use/ Commercial (MC) �' '��� ' 28 Land Use District: Mixed Use (MU) _ 29 Tier Designation: III ��� �� 30 Flood Zones: AE EL 9 and 10 and VE EL 13 and 14 31 CBRS: No s` f A ` v�i 32 Existing Use: Mixed-use (marina, light industrial, commercial retail 33 and residential) �� '�"' 34 Existing Vegetation/Habitat: Developed Land and Mangrove 35 Community Character of Immediate Vicinity: Mixture of land uses 36 including marina, commercial retail, office, light industrial and residential. � N U Ref.File 2012-132 for established upland land area. Submitted survey with File 2020-037 completed by Eddie A.Martinez of Monroe County Surveying&Mapping,Inc.dated February 3,2020,does not include the total upland area in terms of square feet or acres. BOCC SR 02.16.2022 Page 2 of 17 File 2020-037 Packet Pg. 3386 R.3.a I MIAL• The Property is within the Military s, 2 Installation Area of Impact (MIAI) boundary. The seoekisiaesa 3 Property is within the 70-74 DNL and the 75-79 4 DNL. Pursuant to Comprehensive Plan Policy ,�� lrtg: r� 5 108.2.6, residential use is strongly discouraged in 6 DNL 70-74. The absence of viable alternative - i 7 development options should be determined and an � 8 evaluation should be conducted locally prior to 9 local approvals indicating that a demonstrated ` � 10 community need for the residential use would not 11 be met if development were prohibited in these 12 Zones. Where the community determines that these 13 uses must be allowed, measures to achieve and ; °i;�f�� 14 outdoor to indoor Noise Level Reduction (NLR) of �, 15 at least 25 dB in DNL 65-69 and NLR of 30 dB in �� 'l 16 DNL 70-74 should be incorporated into building ` E 17 codes and be in individual approvals; for transient NASKWNoise Contours 18 housing a NLR of at least 35 dB should be = � - 19 incorporated in DNL 75-79. ai 20 > 21 The Property currently has a Land Use District (Zoning) designation of Mixed Use (MU) and a Future 22 Land Use Map (FLUM) designation of Mixed Use/Commercial (MC). The Property was within the BU- 23 3 (heavy business district) and GU (general use) zoning districts prior to September 15, 1986. Between 24 1986 and 1992, the Property was within the MU (mixed use) zoning district. In 1992, the Property was 25 established within the Mixed Use (MU) zoning district. With the adoption of the Comprehensive Plan's 26 FLUM in 1997, the Property was given the current FLUM designation of Mixed Use/Commercial (MC). 27 A vegetation survey/existing conditions report was not submitted with the application to confirm the c„ 28 habitats. 29 N 30 The Applicant states that the reason for the proposed amendment is: i The Application proposes to amend the LUD mali zoning disidet froni ill to Df U)i ( " merrdr lent"°). "l'lie Amendment Neill allow the Applicant to achieve the highest possible use of U the Property's 133 acres. rricluding utilization of eighty 1 0) mai et rate ROGOs eligible for CO transfer from Wrecker's l:`ay Apartrrrerrtr at Srock Island, IJ,C aiid forty 4 0 market RO .30s oligihIc for transfer from Harryan Gr<we N°hile mauntairairrg the errrTent marina dry rack use and �' et slips. Section 130-34 of the 1,1X' describes the puTliose of D,R zoning districts as: cV CD cv BOCC SR 02.16.2022 Page 3 of 17 File 2020-037 Packet Pg. 3387 R.3.a ,l.l'r>~purpose of the DR district is to establish areas suitable loathe &wclwrlarrrcnt of planned tourist eentens, prm irlinC.o crag-site resideaitiaal, rccreationaal, conirnerciaal and entcrtaaiaar- ent facilities of as naagraiiude stal"lic Mrt to attract \isitors and tourists for tenaarrcies ail. three or more slays, Destination Resorts are conternplaterl to contain: (1) Single-farraily laortres as ofr°ight, or (2) One or rnore resort l-iotels as the principal rise, (o use the water-related natural resources of the Keys, and to be located on sites alias,least tell gross acres where the location and character ofthe site and the dew cloprnent itself d aarnenitres are such ofoff-siteira�Paw:ts will be �eala.rccal. cV as cv CD The Property is ex,gansrwv enough to house one or nnor°e resorts, is aaltnost entirely srrr°r rarrrarl al by the beautiful clear Florida Keys ww aters, has gross acreage of, reater-than 1'0 acres and k secluded enough to attract tourists arari visitors while ralaaintaining and flew°eloping all the amenities needed to sc9f-contain the. Protierty and reduce olf-site irnparr.ts nortnally°a�sociaated with ,in increase in transierii, visitors 1 � 2 Furthermore, the Applicant provides four specific reasons for the proposed LUD amendment, as follows: 3 4 1. "Destination Resort allows utilization of Wreckers' Cay Market Rate ROGOS to develop 5 affordable housing and allow the Highest and Best Use for the Property." eat 6 7 The development of Wrecker's Cay for affordable housing has been approved through: text amendments Ch 8 to the Comprehensive Plan and Land Development Code, amendments to the Land Use District Map,two r_ 9 (2) right-of-way abandonments, a development agreement and a major conditional use. There is no a. 10 requirement to transfer market-rate ROGO exemptions from the Wreckers Cay property to complete the 11 development of the approved 280 dwelling unit affordable housing project. 12 13 The Applicant asserts the Property may be an eligible receiver site for market-rate dwelling units from the 14 property locally known as Wrecker's Cay Apartments. Development Order 03-21 was issued on May 27, 15 2012 and recorded on August 6, 2021, approving the transfer of ROGO exemptions from Wreckers Cay 16 to an undesignated receiver site (Planning Department File No. 2019-149); however no application to Ui 17 approve a receiver site has been submitted at this time. to 18 ca 19 While the Applicant correctly asserts that the maximum residential and transient allocated density is the 20 same in both the MU and DR zoning district, it is important to note the transient max net density is higher 9 21 in the DR zoning district (20 rooms/spaces per buildable acre) than it is in the MU zoning district (15 22 rooms/spaces per buildable acre). Furthermore, the types of uses that are allowed as-of-right and with a 23 conditional use permit are different in the MU and DR Zoning Districts. For example, the DR Zoning 24 District allows detached market-rate units to be utilized as vacation rentals and would not require the E 25 provisions of required employee housing for market rate units utilized as vacation rentals as is required 26 for the development of hotel/motel rooms. et 27 28 The Applicant states "Expansion of the commercial uses on this Property would increase traffic flow to 29 and from the Property" but has not provided any documentation or data to support this claim. 30 BOCC SR 02.16.2022 Page 4 of 17 File 2020-037 Packet Pg. 3388 R.3.a 1 2. The Property allows utilization of the water-related natural resources of the Keys. 2 3 Both the MU and DR zoning districts allow the utilization of the water-related natural resources of the 4 Florida Keys. 5 6 3. Attraction of Visitors and Tourists to the Area. 7 8 The Applicant asserts that the MU zoning district designation "presents obstacles to the development 9 required to maximize the potential of the Property. The proposed Amendment will allow the Property to 10 house a large transient resort and keep the existing marina." 11 � 12 Both the MU and DR zoning district allow hotels and marina uses as show in Exhibit"A". However, the 13 DR zoning district allows for increased density under the transient max net density as compared to the 0 14 MU zoning district. Furthermore, the DR Zoning District allows for vacation rental of detached 15 dwelling units (i.e. permanent market rate units) and would not require the provisions of required 16 employee housing for market rate units utilized as vacation rentals as is required for the 17 development of hotel/motel rooms. 18 19 4. Vacation Rentals already Exist on the Property. ai 20 > 21 The Applicant states "the Property currently has legally function detached vacation rentals pursuant to 22 section 134-1 of the LDC, which is permitted as of right in MU zoning districts. DR zoning districts are 23 also allowed vacation rentals as of right if they comply with section 134-1. As such, a change from MUD 24 to DR zoning would not affect the use of vacation rentals on the Property." 25 26 fabere are too legal -v-cation recital pens-its foratIV Utlit curl the Property, Iri Deceii-fiber-1008, -vacatioti recital _ 27 peni-itts were tsSUed for Ut6ts A, L and Cat 6000 lletiitISL[lar A-v etftie. and was-valid for curie. (i;year, here, cv 28 cV are,rio aciciitioriai -vacatiori reritai pennits ori the Property; rior are, tbere ar�� acti .c vacattori reritai pe ni-6t 29 oti the, Property, 30 i 31 It Sic Uld be tioteci that both the I/1U atici DID zot6tig districts allow -v-cation retitals PLIt-SUatit to L i 32 Sectioti 1 3 -1. i-ic wc-ver, the DR zoninfig district also allow sac,-ri ionfi renfitals ina attachfied thv ellin 33 units-, bereas, the N111 zoning district peri-nits for vac,-ritionfi renfital unfits for detached d-v elfin 34 o flv, i 35 36 The DR Zoning District would allow for detached vacation rentals and would not require the provisions 37 of required employee housing for market rate units utilized as vacation rentals as is required for the 38 development of hotel/motel rooms. In the DR Zoning District,hotel/motels that are developed are required 39 to provide a number of amenities including: E 40 • a restaurant on site that would accommodate no less than one-third of all hotel guests at maximum 41 occupancy; 42 • two (2) satellite eating and drinking facilities accommodating a minimum of 25 persons; 43 • a separate meeting/conference and entertainment area that can also function as a banquet facility; 44 • a lobby that provides 24-hour telephone and reservation service; active and passive recreation land- 45 based activities; BOCC SR 02.16.2022 Page 5 of 17 File 2020-037 Packet Pg. 3389 R.3.a 1 • shuttle transport services to airports and tourist attractions to accommodate ten percent(10%) of 2 the approved floor area in guest rooms; 3 • on-site employee housing living space in the amount equal to ten percent(10%) of the approved 4 floor area in guest rooms; and 5 • a minimum of 200 square feet of commercial retail to include convenience retail, food sales and 6 fits in one or more sites. 7 8 If the zoning district of the Property is amended to DR, and the property owner chooses to develop the 9 market-rate units as vacation rentals, said units may be attached. While the use according to the County 10 Code is permitted as-of-right as a vacation rental, it may appear that the property operates more like a r_ 11 hotel/motel. 12 ***** c 13 The Applicant's full explanation and justification of the proposed amendments is included in the file for , 14 the application (File 42020-037). 15 16 Staff has reviewed the Applicants' position and supporting documentation, and is also reviewing the 17 proposed amendment for consistency with State Statutes, Rules, internal consistency with the 18 Comprehensive Plan and balancing all these items and policy issues. ai 19 > 20 ***** 21 Community Meeting and Public Participation 22 In accordance with LDC Section 102-159(a),a community meeting was held on August 6,2020 to discuss 23 the proposed Land Use District(Zoning) Map amendment and to provide for public participation. Public 24 comments included: impact of proposed LUD amendment to Wrecker's Cay, concern about traffic impacts 25 (request to compare traffic to 2019 ATTDS), Stock Island changing from a residential community to more S 26 commercial/transient development, impact to hurricane evacuation, effect of receiving map amendment 27 approval without approval of resulting development concurrently, applicability and effect of ACUIZ 28 consistency of Code with transfers of market-rate units into DR zoned property, and changes in types of N 29 units permitted to conduct vacation rentals. A second community meeting was held on August 11, 2021. i 30 i 31 Development Review Committee and Public Input 32 At a regular meeting held on August 25, 2020, the Development Review Committee (DRC) considered 0 33 the proposed LUD map amendment and provided for public comment. NJ 34 35 Planning Commission and Public Input cV 36 At a regular meeting held on November 16,2021,the Planning Commission considered the proposed LUD 37 map amendment,provided for public comment and recommended approval through Resolution P27-21. 38 E 39 Previous Relevant County Actions 40 On December 1, 2006, the Planning & Environmental Resources Department issued a Letter of 41 Development Rights Determination (LDRD)providing the amount of lawfully-established nonresidential 42 floor area and dwelling units on the Property. (Planning Department File 426112) 43 BOCC SR 02.16.2022 Page 6 of 17 File 2020-037 Packet Pg. 3390 R.3.a I In 2007, Key West Marina Investments received approval for an amendment to the Property's major 2 conditional use permit in order to redevelop the existing marina. The approval was memorialized in 3 Planning Commission in Resolution 4P11-07, recorded in the official records of Monroe County on May 4 25, 2007. (Planning Department File 426093) 5 6 In addition, in 2007, Key West Marina Investments concurrently received approval for a variance to the 7 off-street parking requirements in order to carry out the scope of work for the major conditional use permit. -� 8 The approval was memorialized in Planning Commission Resolution 4P10-07. (Planning Department File 9 427009) 10 11 On September 13, 2007, a minor deviation to the major conditional use permit was approved revising the 12 architectural details and expanding the footprint of the ship store approved under Resolution 4PII-07. The 13 deviation increased the total nonresidential floor area of the ship store by 1,809 SF to a total floor area of 0 14 3,051 SF. The ship store was completed under Building Permit 4071-1987 and received its Certificate of 15 Occupancy on June 20, 2008. (No assigned Planning Department File 4) 16 17 On April 21, 2008, a minor deviation to the major conditional use permit was approved revising the site 18 plan to install a swimming pool between the attached market rate dwelling units and the clubhouse 19 building. This swimming pool was completed under Building Permit 4081-1336. (No assigned Planning 20 Department File 4) 21 22 On September 15, 2008, a minor deviation to the major conditional use permit was approved revising the 23 site plan to include a private 400 SF tiki hut/bar, a 355 SF bathroom facility building, and associated 24 improvements at the end of the jetty in the southern portion of the parcel. The tiki bar and bathroomCL 25 facilities were permitted under Building Permit 4081-2671. (Planning Department File 428078) CD 26 _ 27 On December 29,2008, a minor deviation to the major conditional use was approved revising the site plan 28 to include 3,000 SF of automobile storage in an area previously approved for two (2)tiki structures under 29 Resolution 4PIl-07 which were permitted but never built (Building Permit 4071-2103); and a pergola N 30 connecting the approved clubhouse building to the attached market rate dwelling units,which would serve �i 31 as a covered walkway on the ground level and a 580 SF covered balcony outdoor seating area for the v)i 32 clubhouse on the second level. A building permit associated with the pergola was applied for, Building 33 Permit Application 4081-3730, but it was never issued(void) and the pergola was never constructed. It is 0 34 unknown if the 3,000 SF area approved for automobile storage continues to be used as such at this time. 35 (Planning Department File 428096) 36 N 37 On April 30, 2014, the Planning Commission considered aproposed major conditional use application to 38 develop a new hotel building consisting of 74 transient residential units, a rooftop pool, 2,500 square feet 39 of hotel office space, 2,000 square feet of conference/meeting space, a 50-seat rooftop poolside bar and E 40 modification to the clubhouse building. The Planning Commission recommended approval with U 41 conditions; however, the applicant at the time failed to comply with the conditions imposed. Therefore, 42 no development order or Planning Commission resolution was issued. 43 44 ***** 45 46 BOCC SR 02.16.2022 Page 7 of 17 File 2020-037 Packet Pg. 3391 R.3.a 1 III. AMENDMENT REVIEW 2 3 Maximum Allocated Densityand Intensity by Land Use District(Zoning) MapDesi nation Adopted Development Existing Zoning Type Standards potential based upon density Residential 1 DU/acre 13.10 units Allocated Density TDR/Market Rate Residential 18 DU/buildable "' Mixed Use (MU 188.58 units W ) Max Net Density acre Total U land Area: Affordable Residential Max Net 18 DU/buildable 0. 131 acres Density acre 188.58 units c 570,461 SF Transient 5-10 rooms or 65.48 - 130.96 ' spaces 10.48 buildable acres Allocated Density /acre rooms/spaces (13.1 ac—0.2 open space 15 rooms or ratio) Transient s aces 157.15 Max Net Density p rooms/spaces' /buildable acre ai Nonresidential 85,569—228,184 > Maximum Intensity 0.15—0.40 FAR SF Adopted Development Proposed Zoning Type Standards potential based upon density CL Residential Allocated Density 1 du/gross acre 13.10 units cv cv TDR/Market Rate Residential 18 DU/buildable 188.58 unit Destination Resort(DR) Max Net Density acre i Total Upland Area: Affordable Residential Max Net 18 DU/buildable 13.1 acres Density acre 188.58 units 570,461 SF 10 rooms or Transient 130.96 r� 10.48 buildable acres Allocated Density spaces rooms/spaces (13.1 ac—0.2 open space /acre ' ratio) 25 rooms or Transient 261.92 N Max Net Density spaces rooms/spaces /buildable acre m Nonresidential 0.25 FAR 142,615 SF Maximum Intensity Residential Market Rate Allocated: 0 units (no change) Net Change in Development TDR/Market Rate Residential Max Net: 0 units(no charge) Potential Based on Zoning Affordable Residential Max Net: 0 units affordable (no charge) BOCC SR 02.16.2022 Page 8 of 17 File 2020-037 Packet Pg. 3392 R.3.a Transient Allocated: 0 rooms/spaces(no change) Transient Max Net: + 104.77 rooms/spaces' Nonresidential: -85,569 SF 1 — The table was updated to remove calculation for institutional residential uses at a transient max net density because institutional residential uses are not a permitted use within the proposed Destination Resort (DR) zoning. Therefore, in order to provide an accurate,this table has been revised. 1 ' 2 The above table provides an approximation of the development potential for residential, transient and 3 commercial development. Section 130-156(b)of the Land Development Code states: "The density and 4 intensity provisions set out in this section are intended to be applied cumulatively so that no 2 5 development shall exceed the total density limits of this article. For example, if a development includes 0 6 both residential and commercial development,the total gross amount of development shall not exceed 7 the cumulated permitted intensity of the parcel proposed for development." 8 E 9 As shown in the blue portion of the table,the proposed Zoning amendment would result in no change 10 to the residential allocated density,the TDR/Market Rate Max Net density, affordable residential max 11 net density, or transient allocated density. The proposed Zoning amendment would result in an 12 increase of 104.77 rooms/spaces in transient max net density and a decrease of 85,569 square feet in 13 nonresidential development potential 14 15 Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land 9 16 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit 17 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation(affordable CD 18 ROGO allocations may be available)prior to issuance of a building permit. _ 19 C44 20 Compatibility with the Surrounding Area 21 a. Existing Vegetation/Habitat: Developed Land and Mangrove 22 b. Existing Tier Designation: III i 23 c. Number of Listed Endangered or Threatened Species: one U) 24 d. Existing Use: Mixed-use (marina, light industrial, commercial retail and residential) 25 e. Community Character of Immediate Vicinity: Mixture of land uses including marina, 0 26 commercial retail, office, light industrial and residential hI 27 28 The proposed Zoning amendment is not anticipated to adversely impact the community character of the 29 surrounding area and is consistent with the Mixed Use / Commercial (MC) Future Land Use Map N 30 designation of the Property and surrounding area. 31 E 32 Concurrency Analysis (Comprehensive Plan Policy 101.1.1) 33 Traffic Circulation (Comprehensive Plan Policy 301.1.1) 34 The subject property is located on Stock Island with nearest access to US1 via 2nd and 3rd Street at 35 approximate mile marker 5. The 2021 US 1 Arterial Travel Time and Delay Study for Monroe County 36 indicates levels of serve(LOS)of"A"for Segment 1 (Stock Island, mm 4.0-5.0),with 3,279 reserve trips. 37 U.S 1 is required to maintain a LOS of"C" in order to support development. Pursuant to Policy 1401.4.9, 38 the County maintains a database to monitor capacity and reserve trips available. According to the County's BOCC SR 02.16.2022 Page 9 of 17 File 2020-037 Packet Pg. 3393 R.3.a I database of remaining capacity, by segment, as of November 1, 2021, the number of trips remaining on 2 Segment 1 is 736. 3 The proposed zoning amendment would result in an increase of 104.77 rooms/spaces of max net transient 4 residential development potential.At the time of any development approval on the site,traffic concurrency 5 will be reviewed and must maintain a LOS of"C" on Segment 1 of US 1. 6 7 Potable Water(Comprehensive Plan Policy 701.1.1) -� 8 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water 9 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8 10 MGD. There are also two saltwater Reserve Osmosis (RO)plants, located on Stock Island and Marathon, 11 which are able to produce potable water under emergency conditions. The RO desalination plants have 12 design capacities of 2.0 and 1.0 MGD of water,respectively. The annual average daily demand in Monroe 13 County is 20.25 MGD. 0 14 15 The proposed zoning amendment would not increase residential density and therefore is not anticipated 16 to adversely impact the LOS for potable water. E 17 18 Solid Waste (Comprehensive Plan Policy 801.1.1) 19 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through 20 September 30, 2024; thereby,providing the County with approximately three (3)more years of guaranteed 21 capacity for solid waste. Currently, there is adequate capacity for solid waste generation. All commercial 22 solid waste is handled by private contract. 23 24 Sanitary Sewer(Comprehensive Plan Policy 901.1.1) 25 The property currently has a connection to the Key West Resort Utilities private sewer system. Per Policy 26 901.1.1, the adopted capacity LOS for sanitary sewer in Monroe County is 167 gpd/EDU. The proposed 27 LUD amendment would increase the maximum net density for transient rooms/spaces by 52.28 28 rooms/spaces which may increase the required flow. A letter of coordination from the Key West Resort 29 Utilities sewer system dated August 20, 2020 has been provided and indicates there is sufficient capacity 30 for a period of one year. �i 31 i 32 At the time of any development approval on the site, sanitary sewer concurrency will be reviewed to 33 confirm sufficient capacity. 0 34 35 The proposed L UD is not anticipated to adversely impact the LOS for traffic,potable water, solid waste 0 36 and sanitary sewer. 37 N 38 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, 39 THE STOCK ISLAND—KEY HAVEN LIVABLE COMMITNIKEYS PLAN AND THE MONROE 40 COUNTY LAND DEVELOPMENT CODE 41 42 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 43 County Year 2030 Comprehensive Plan. Specifically,it furthers: 44 45 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of 46 County residents and visitors, and protect valuable natural resources. BOCC SR 02.16.2022 Page 10 of 17 File 2020-037 Packet Pg. 3394 R.3.a 1 2 Objective 101.1 3 Monroe County shall ensure that all development and redevelopment taking place within its boundaries does 4 not result in a reduction of the level-of-service requirements established and adopted by this comprehensive 5 plan. Further, Monroe County shall ensure that comprehensive plan amendments include an analysis of the 6 availability of facilities and services or demonstrate that the adopted levels of service can be reasonably met. 7 [F.S. § 163.3177; F.S. § 163.3180] 8 r� 9 Objective 101.5 10 Monroe County shall regulate future development and redevelopment to maintain and enhance the character ci 11 of the community and protect natural resources by providing for the compatible distribution of land uses LN, 12 consistent with the designations shown on the Future Land Use Map. C 13 14 Policy 101.5.6 c 15 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the 16 establishment of mixed use commercial land use (zoning) districts where various types of commercial retail -� 17 and office may be permitted at intensities which are consistent with the community character and the natural W 18 environment. Employee housing and commercial apartments are also permitted. In addition, Mixed 19 Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include a 20 maritime industry,light industrial uses, commercial fishing,transient and permanent residential,institutional, 21 public, and commercial retail uses. 22 eC 23 This future land use category is also intended to allow for the establishment of mixed use development 24 patterns,where appropriate.Various types of residential and nonresidential uses may be permitted;however, y 25 heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take 26 a proactive role in encouraging the preservation and enhancement of community character and recreational CL 27 and commercial working waterfronts. CD 28 29 30 Policy 101.5.25 N N 31 Monroe County hereby adopts the following density and intensity standards for the future land use categories, 32 which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. i Future Land Use Densities and Intensities i Residential Nonresidential Minimum U Future Land Use Open Space Category And Maximum Net DensityRatio(0 1 Corresponding Allocated Density(a) ���cb) Maximum Intensity Zoning (per upland acre) (floor area ratio) g (per buildable acre) I du N Mixed DR,MU,MI 2 du(MI) N 0.10-0.45 ( ) 6-18 du(SC)(k Use/Commercial 3 du(SC) 12 du(UC) (SC,UC,DR,MU) (MC)(f)(g) 6 du(UC) 12-18 du(MU)(k) (SC,UC,DR,RV, Commercial Apartments <2,500 SF(RV) MU and MI (RV)(h) 18 du(DR) 0.20 zoning) 0.30-0.60(MI) � 5-15 rooms/spaces 10-25 rooms/spaces Notes: BOCC SR 02.16.2022 Page 11 of 17 File 2020-037 Packet Pg. 3395 R.3.a (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A"means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space. (c) Additional open space requirements may apply based on environmental protection criteria; in these cases,the most restrictive requirement shall apply. (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public N Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or N existing zoning districts as appropriate. r_ (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be 0. permitted for educational,research or sanitary purposes. 0 (f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available. m E (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building,boat storage,or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,pursuant to Policy 101.5.6. > (h) In the RV zoning district,commercial apartments shall be allowed, not to exceed 10%of total spaces allowed or in existence on the site,whichever is less. (i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net density bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential CL uses and intensity (i.e.,density and intensity shall not be counted cumulatively). CD 0) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. (k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre N for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project ci with a maximum net density not exceeding 18 du/buildable acre. �i (1) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count v) when calculating density. U 1 Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and U 2 shall encourage conservation and protection of environmentally sensitive lands (wetlands,beach berm and i 3 tropical hardwood hammock). r9 4 5 Policy 105.2.1 6 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef `44 7 planned development,into three general categories for purposes of its Land Acquisition Program and smart m 8 growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural 9 Area (Tier 1); Transition and Sprawl Reduction Area(Tier II) on Big Pine Key and No Name Key only; 10 and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches 11 associated with each tier are as follows: 12 13 14 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is 15 not characterized as environmentally sensitive as defined by this Plan, except for dispersed and BOCC SR 02.16.2022 Page 12 of 17 File 2020-037 Packet Pg. 3396 R.3.a I isolated fragments of environmentally sensitive lands of less than four acres in area, where 2 existing platted subdivisions are substantially developed, served by complete infrastructure 3 facilities, and within close proximity to established commercial areas, or where a concentration 4 of nonresidential uses exists, is to be designated as an Infill Area. New development and 5 redevelopment are to be highly encouraged, except within tropical hardwood hammock or 6 pineland patches of an acre or more in area,where development is to be discouraged. Within an 7 Infill Area are typically found: platted subdivisions with 50 percent or more developed lots 8 situated in areas with few sensitive environmental features; full range of available public 9 infrastructure in terms of paved roads, potable water, and electricity; and concentrations of 9 10 commercial and other nonresidential uses within close proximity. In some Infill Areas, a mix N CD 11 of nonresidential and high-density residential uses(generally 8 units or more per acre)may also 12 be found that form a Community Center. i 13 2 14 Policy 105.2.2 0 15 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the eat 16 Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the .� 17 zoning map(s)with supporting text amendments in the Land Development Regulations. These maps are to 18 be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the E e( 19 Livable CommuniKeys Program (Policy 101.19.1). p 20 21 Objective 108.2 22 Monroe County shall consider the protection of public health, safety and welfare as a principal objective of 23 compatible land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of 24 NASKW. (Ord.No. 012-2012, DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 25 26 Policy 108.2.2 CL 27 Density and intensity standards and land uses established by the Future Land Use Element and Future Land CD 28 Use Map, on the effective date of this policy, for properties located within the MIAI overlay shall be CD 29 recognized and allowed to develop to the maximum development potential pursuant to the standards `-' 30 existing on the effective date of this policy. (Ord.No. 012-2012,DEO 12-IACSC-NOI-4401-(A)—(I), eff. N 31 7-19-2012) � 32 33 Livable CommuniKeys Plan 34 Comprehensive Plan Policy 101.19.1 states, "Monroe County shall develop, maintain, and update UI 35 periodically, as appropriate,with public input, the Livable CommuniKeys Community Master Plans." 36 These "CommuniKeys Plans" implement a vision that was developed by the local community. In aai 37 2007, the BOCC adopted Policy 101.19.2 which incorporated the Stock Island/Key Haven Livable 38 CommuniKeys Plan (LCP) into the Monroe County Comprehensive Plan. 39 40 The proposed amendment is consistent with the Stock island/Key Haven Livable Communikeys 41 Plan. Specifically,it furthers: 42 43 Action Item 2.1.1 of the LCP states: Initiate and complete a land use classification reevaluation M 44 plan for Stock Island. C 45 46 Action Item 2.3.1 of the LCP states: Continue to recognize land use districts and FL UMcategories 47 as the regulatory tool used for evaluating individual proposals for compliance with land 48 development standards such as type of use and intensity of use. BOCC SR 02.16.2022 Page 13 of 17 File 2020-037 Packet Pg. 3397 R.3.a 1 2 B. The proposed amendment is consistent with the provisions and intent of the Monroe County 3 Code Land Development Code. 4 5 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance 6 enacting the proposed change based on one or more of the following factors: 7 8 1. Changed projections (e.g., regarding public service needs)from those on which the text of M 9 boundary was based; 10 N 11 Per the Applicant: Not applicable. 12 2 13 2. Changed assumptions (e.g., regarding demographic trends); 0 14 �C 15 Per the Applicant: -� The Property s use has changed fironi a boatyard to a prIN,ate gated yacht cltrh with slaca io i°emals and is am aica ifiat is ;,uitable lour a large transicitt rescirt/botel and is in such a location. � Stock Island has siowly become revitalized with resorts, restaUrants, inultiml`anilly residential � housing and other rases accustoutred of a self-contained City. The Proposed Amendnient will oviierate nior°e interest in Mock Island as a tOUI-ist dest.inatk')n that is distinct br.rt also ancillary to 16 Key West proper., 17 18 bere are too legal -vacation rental permits for aflV Uflitontbe Property. In December—1 08, vacatior� � 19 rental permits were iSSUed for Units A, B and P' at 6000 flenirrsL[lar A-vc, bere are no additionalCL � 20 -vacation rental permits on the Property-, nor are tb re ativ actin c vacation rental licenses on the CD 21 property, 22 23 It Sb Uld be noted that botb the I/1U and DR zoning districts allow -vacation rentals prat-sUant to 24 PlyC Section 1 4-1. l-low -ver, the DR zonfinfig district also allows A,ac�itionfi rentals rra attaceired cv 25 dwelliffl-I crafts; w lac reas, tb 'NIIJ z0fillig district perunits for A roc�itionfi renfi tal unnits for d o ac hed i 26 dwelling units a nK, 27 28 l Urtberntore, the Applicant states the intent is to allow for the do-v elopn ent of-vacation rentals, 29 b reforc, the Applicant ntay not Utilize the increased density available fortransicrrt Uses iftlie i 30 proposed zoning antendntent is apprc-vcd. Ratber, the Application indicates the intent is to Utilize 31 the existing market-rate density (as that does not change between the I/1U and DR zoning districts) CD' 32 bUt changing bow that residential density is Used. While not probibited, it is important to CD 33 Understand the distinction between the two (21 zoning districts, Uses permitted as cif-right and 34 conditionally, and the impacts that ntay be generated, � 35 36 3. Data errors,including errors in mapping,vegetative types and natural features described 37 in Volume I of the plan; 38 39 Per the Applicant: Not applicable. 40 41 BOCC SR 02.16.2022 Page 14 of 17 File 2020-037 Packet Pg. 3398 R.3.a 1 4. New issues; 2 3 Per the Applicant: The purpose of the Amendment is to place the Property in a zoning district that is more in byre with the its size, strtrctaare, location, and existing amenities. The Amendment will alloys the 4 Applicant to achieve the highest and best use for the Propeny's 13.14 acres. increase the ntrrrther of tourists and v isnors to Stock Island and the Property, and reduce tire off-site impact's usually associated with tourisin by tatili irag t.ltc� ralretarly csistia�g rarrrerti�ie� p�reseaat a�a� the l�rol,�;rt�', "' CD CD The Proposed , -iendntents will also provide the viability of Wrecker's Caay, a crucial W 5 workforce housing development ready to proceed on Stock Island. 6 0 7 The Applicant has expressed an intent to transfer ROGO exemptions from two (2) properties on 8 Stock Island(Wrecker's Cay and Banyan Grove)to the Property and to allow for greater flexibility .� 9 in maximizing the development potential of the Property. The Applicant seeks to secure a zoning 10 district with a purpose more closely aligned with the desired development and characteristics of E �t 11 the Property. 12 13 The proposed LUD amendment to Destination Resort(DR) is consistent with the purpose of the 14 DR zoning district. Pursuant to LDC Section 130-34, "the purpose of the DR district is to establish 15 areas suitable for the development of planned tourist centers providing on-site residential, 16 recreational, commercial and entertainment facilities of a magnitude sufficient to attract visitors 17 and tourists for tenancies of three or more days. Destination resorts are contemplated to contain: 18 (1) Single-family homes as of right; or 19 (2) One or more resort hotels as the principal use,to use the water-related natural resources 20 of the Keys, and to be located on sites of at least ten gross acres where the location and 21 character of the site and the development itself and amenities are such that off-site 22 impacts will be reduced." T� 23 24 The Property contains direct access to the waters of the Florida Keys, has an upland land area of 25 13.1 acres and possesses a location where the development itself and amenities are such that off- 26 site impacts will be reduced. 27 i 28 The DR zoning district requires specific on-site amenities be provided including, but not limited 29 to, shuttle transport services to airports and tourist attractions to accommodate ten percent (10%) 30 of the approved floor area in guest rooms; on-site employee housing living space provided in an CD 31 amount equal to ten percent (10%) of the approved floor area in guest rooms; and commercial 32 retail provided at a minimum of 200 square feet to include convenience retail, food sales and 33 gifts in one or more sites, excluding restaurants as required by Section 130-81(b)(1), and in 34 addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. 35 36 liese regUiren-ients for on-pits, are€enities are intended to limit external it ipracts of` a proposed d 37 d -v elop n-ie at. rzlie d -v c lop n-ie at of miat:ket-ratc rrraitS Utilized as -vacation rentals N Ocrld circa111€-v ent 38 the intent to lire€it it ipracts of the ftoaar..istt and isiftol"S" ftO the scrtTcarracding Carl€r1€crraity. 39 BOCC SR 02.16.2022 Page 15 of 17 File 2020-037 Packet Pg. 3399 R.3.a I Iftlie propertl! cr�.�rrer�acid applicant Utilizetheii-lark t-rate �rrritS as acaticrrr retitals its tinted irr the 2 applicaticrrr, tlieti the are€etdties re gUired for botc ls ;OUld rrcr loci tc r appl'y, irrclUditig thec.r iplc yee 3 11OUS419, Additir�rrally, theApplicant �:OUld b able to Utilize the existitig r iarket-ratc detisity (as 4 that does trot cliatige lac tw c r rr the I/II] and DR zoning districts) bUt the iriipacts of tliat resid rrtial 5 Use WOUld cliatige, While not prohibited, it is iriiportarrt to Utid .rstarrcl the distirrction lactwcrrr t1le 6 two ( zorririg districts arrcl the iriipacts that rainy bg tlerated, 7 8 The proposed LUD amendment is consistent with the Comprehensive Plan. The proposed DR 9 zoning district is: (1) established within the MC FLUM, (2) does not increase allocated density of CD 10 the Property which is a stated goal of the Comprehensive Plan and (3) would decrease the 11 nonresidential development potential of the Property. 12 2 13 5. Recognition of a need for additional detail or comprehensiveness; or 14 15 Per the Applicant: Not applicable. 16 E 17 6. Data updates. 18 19 Per the Applicant: Not applicable. 20 21 In accordance with MCC §102-158(d)(5)c.,in no event shall an amendment be approved which 22 will result in an adverse community change to the planning area in which the proposed Ch 23 development is located or to any area in accordance with a livable communikeys master plan 24 pursuant to findings of the board of county commissioners. CL 25 26 Per the Applicant: °1`li re will be no adverse cliat:rgc to Monroe Clourity if the Proposed Ann tidinent is N to 27 approved_, The Proposed Arnendrient is geographically limited iri scope, 28 i 29 lice Property's adjacent SLITTcUrrdifIg Uses irrclUde a 111iXtUre oflatid Uses irrclUditig ii-iarma, coi iii-iercial i 30 retail, office, liglit itidUstrial and residential, arrcl CUrretitly liar a I UtUre Latid Use l/lap desigtiatiorr of` 31 l/lix d Use Coii-iii-iercial (N/1C1, It is anticipated that t1le proposed Zoning r iap ar is radii-i rat for the site 32 will riot reSUlt irr an ad-verse ccrr€r€LrnitV cliatige to the SLIT-t-OUrrdifig area, CO Ci 33 34 It is iriiportarrt to rrote that iftlie property c; tier- Utilizes the riiarket-rate Urrits as =acatiotl retitals as 35 noted irr the applicaticrrr, flied the are€etitties regUired for botels WOUld rro lotiger apply, irrclUditig the cV 36 criiplcryee 11OUSin,t. rzlie Applrcatioti indicates the intent is to Utilize the existaig riiarket-rate detisitf 37 (as that does not cliatige bet; c r rr the I/II] and DR zoning districts)icts) bUt clianttrrrg bow that residetitial 38 detisitl is Used, While riot prohibited, it is iriiportarrt to Utid .rstarrcl the di stinctiorr lac tw e n t1le two 39 z0rrifig di strictS, trans pens-iitted as-of-riglit arrcl cotiditiotially, arrcl the iriipacts that r iay be geti rated, 40 **** 41 The proposed Zoning map amendment is also consistent with Action Items 2.1.1 and 2.3.1 of the Stock 42 Island/Key Haven Livable CommuniKeys Plan, as it continues to recognize the current FLUM BOCC SR 02.16.2022 Page 16 of 17 File 2020-037 Packet Pg. 3400 R.3.a I category of the Property and continues to recognize land use districts and FLUM categories as the 2 regulatory tool used for evaluating individual proposals. 3 4 V. RECOMMENDATION 5 6 Staff recommends approval of the proposed Zoning amendment from MU to DR based on consistency 7 with the MC FLUM and pending demonstration of traffic concurrency at the time of development -� 8 approval. 9 N 10 VI. EXHIBITS 11 12 1. List of Permitted and Conditional Uses in the Mixed Use (MU) and Destination Resort (DR) 0. 13 Zoning Districts 0 14 2. 11" by 17" LUD Amendment Maps 15 3. Ordinance a� CL CD CD ai N N N i i i N CD BOCC SR 02.16.2022 Page 17 of 17 File 2020-037 Packet Pg. 3401 ((LEO-OZOZ)uoi}dopy puauay(in-i anyaelnsuivad0009) LbXbb On-I LEO-OZOZ:}uawL]Oe}}y co � r s hi tt r t r tt N V } t ,r lity h•. t(�Y Y } .cn o a '�' r} j 0 m °a E 0000000100 0 N E --- _-- - - - to (D 9 Q ❑ 010®10®®01 E `o oin a Q � N ID � > 0) "1 cu m g eoiiio®o cu x a 7fi h 9 T(6 cc o 1 Q ut E a� �f t 0 F- Q a o a O ❑ d d IN— Ji P}j A - fi t� Pt) t �t r i t R.3.c 1 t n \\ u� Ff A� 3 �. I IQ� 5e 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2022 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE `V cv 13 DISTRICT ("ZONING") MAP FROM MIXED USE ("MU") TO 14 DESTINATION RESORT ("DR") FOR PROPERTY LOCATED AT 6000 2 15 PENINSULAR AVENUE, STOCK ISLAND, MONROE COUNTY, 16 FLORIDA, LOCATED AT MILE MARKER 5, CURRENTLY HAVING 17 PROPERTY IDENTIFICATION NUMBER 00127480-000000, AS 18 PROPOSED BY BART SMITH AS AGENT FOR SH MARINAS 6000,LLC; 19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 20 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 21 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 22 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE 23 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. 24 y 25 26 WHEREAS, on February 24, 2020, the Monroe County Planning and EnvironmentalCL 27 Resources Department received an application from Bart Smith of Smith/Hawks PL(the"Agent") CD 28 on behalf of SH Marinas 6000, LLC ("applicant")to amend the Land Use District("Zoning")Map 29 from Mixed Use ("MU") to Destination Resort ("DR") for property located at 6000 Peninsular 30 Avenue, Stock Island,Monroe County,Florida,located at mile marker 5, currently having property 31 identification number 00127480-000000 (the "property"); and 32 0 33 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") 34 Section 102-159(a), two (2) community meetings were held on August 6, 2020 and August 11, 35 2021 to discuss the proposed Land Use District ("Zoning") Map amendment and to provide for 36 public participation; and 37 38 WHEREAS, the Monroe County Development Review Committee ("DRC") considered 39 the proposed amendments at a regularly scheduled meeting held on August 25, 2020; and 40 41 WHEREAS, at a regularly scheduled meeting held on November 16, 2021, the Monroe 42 County Planning Commission held a public hearing for the purpose of considering the proposed 43 amendment to the Land Use District("Zoning") Map and provided for public comment; and 44 Ord. No. - 2022 Page 1 of 4 File 2020-037 Packet Pg. 3403 R.3.c I WHEREAS, the Monroe County Planning Commission adopted Planning Commission 2 Resolution No. P27-21 recommending approval of the proposed Zoning map amendment; and 3 4 WHEREAS, at a regularly scheduled meeting held on the 16th day of February, 2022, the 5 Monroe County Board of County Commissioners held a public hearing, considered the Monroe 6 County Planning and Environmental Resources Department's professional staff report, and 7 provided for public comment and public participation in accordance with the requirements of state 8 law and the procedures adopted for public participation in the planning process; and 9 10 WHEREAS, based upon the documentation submitted and information provided in the 11 accompanying staff report, the BOCC makes the following findings of fact: 12 13 1. Prior to the 1986 adoption of the County's current land development regulations and 14 their associated land use district maps,the subject property was within the BU-3 (heavy 15 business district) and GU(general use) zoning districts; 16 2. In 1986, a series of zoning maps, entitled the Land Use District Map,were adopted for 17 all areas of the unincorporated county, and the subject property was zoned Mixed Use 18 (MU); E 19 3. The proposed map amendment is consistent with the provisions of the Monroe County 20 Code: 21 a. As required by LDC § 102-158,the map amendment does not relieve particular 22 hardships, nor confer special privileges or rights on any person, nor permit an eat 23 adverse change in community character, as analyzed in the Monroe County 24 Year 2030 Comprehensive Plan; 25 b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to 26 changed assumptions and new issues; and c. 27 4. The proposed map amendment is consistent with the provisions and intent of the 28 Monroe County Year 2030 Comprehensive Plan: 29 a. The Destination Resort(DR)Land Use(Zoning)District corresponds with the 30 Mixed Use / Commercial (MC) Future Land Use Map designation and is 31 consistent with the respective density and intensity standards as set forth in 32 Policy 101.5.25; 33 b. The Destination Resort(DR) Land Use(Zoning)District is consistent with the 34 purpose of the MC Future Land Use Map designation, as set forth in Policy 35 101.5.6; and 36 5. The proposed map amendment is consistent with the Principles for Guiding 37 Development in the Florida Keys Area of Critical State Concern; 38 39 WHEREAS, based upon the documentation submitted and information provided in the 40 accompanying staff report, the BOCC makes the following legal conclusions and determinations: 41 42 1. The proposed map amendment is consistent with the provisions of the Monroe County 43 Code: Ord. No. - 2022 Page 2 of 4 File 2020-037 Packet Pg. 3404 R.3.c I a. As required by LDC § 102-158, the map amendment does not relieve particular 2 hardships, nor confer special privileges or rights on any person, nor permit an 3 adverse change in community character, as analyzed in the Monroe County Year 4 2030 Comprehensive Plan; 5 b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to 6 changed projections, changed assumptions, new issues, recognition of a need for 7 additional detail or comprehensiveness, and data updates; and 8 9 2. The proposed map amendment is consistent with the provisions and intent of the 10 Monroe County Year 2030 Comprehensive Plan: 11 a. The Destination Resort (DR) Land Use (Zoning) District corresponds with the 12 Mixed Use/Commercial (MC)Future Land Use Map designation and is consistent 13 with the respective density and intensity standards as set forth in Policy 101.5.25; 14 b. The Destination Resort (DR) Land Use (Zoning) District is consistent with the 15 purpose of the MC Future Land Use Map designation, as set forth in Policy 101.5.6; c 16 and 0 c 17 18 3. The proposed map amendment is not inconsistent with the Principles for Guiding .� 19 Development in the Florida Keys Area of Critical State Concern; u 20 E e( 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 23 > 24 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows: 25 n 26 The property located at 6000 Peninsular Avenue, Stock Island, Monroe County, 27 Florida, currently having property identification number 00127480-000000, shall c' CD CD 28 be designated as Destination Resort (DR) as shown on Exhibit 1, attached hereto 29 and incorporated herein. 30 31 Section 2. Construction and Interpretation. This Ordinance,being necessary for the health, 32 safety, and welfare of the residents of and visitors to the County, shall be liberally 33 construed to effect(uate) the public purpose(s) hereof. Interpretation of this 34 Ordinance approved hereto shall be construed in favor of the Monroe County Board 35 of County Commissioners, and such construction and interpretation shall be 36 entitled to great weight in adversarial administrative proceedings, at trial, in 37 bankruptcy, and on appeal. 38 39 Section 3. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 40 any provision of this Ordinance, or any portion thereof, is held to be invalid or 41 unenforceable in or by any administrative hearing officer or court of competent 42 jurisdiction, the invalidity or unenforceability of such provision, or any portion 43 thereof, shall neither limit nor impair the operation, enforceability, or validity of 44 any other provision, or any remaining portion(s) thereof. All other provisions, and 45 remaining portion(s)thereof, shall continue unimpaired in full force and effect. Ord. No. - 2022 Page 3 of 4 File 2020-037 Packet Pg. 3405 R.3.c 1 2 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 3 conflict with this ordinance are hereby repealed to the extent of said conflict. 4 5 Section 5. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning 6 Agency as required by F.S. § 380.05(11) and F.S. § 380.0552(9). 7 8 Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of 9 Florida but shall not become effective until approved by the Florida State Land 10 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 11 120 of the Florida Statutes. 12 13 Section 7. Inclusion on the Monroe County Code's Official Land Use District May. The 14 provisions of this Ordinance shall be included and incorporated on to the Official 15 Land Use District Map of Monroe County. eat 16 -a 17 Section 8. Effective Date. This ordinance shall become effective as provided by law and 18 stated above. 19 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 21 Florida, at a regular meeting held on the day of 2022. 22 23 Mayor David Rice 24 Mayor Pro Tem Craig Cates CL 25 Commissioner Michelle Coldiron 26 Commissioner District Three VACANT 27 Commissioner Holly Raschien 28 29 BOARD OF COUNTY COMMISSIONERS 30 OF MONROE COUNTY, FLORIDA 31 32 BY: 33 MAYOR DAVID RICE 34 (SEAL) 35 36 ATTEST: KEVIN MADOK, CLERK MONAOF COUNTY ATTORNEY 38 Dale; 39 AS DEPUTY CLERK Ord. No. - 2022 Page 4 of 4 File 2020-037 Packet Pg. 3406 Exhibit 1 to Ordinance# -2022 qi9 !0 7 l 2� -----. _ ......................................... _.r=:= r - --.-.--.,1 ._._._._._..-._._._I_._._._.._._._._ PENINSULARAVE � -.-.-.-.-.-. 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