Item R11 R.11
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: R.11
Agenda Item Summary #10951
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30PM
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance
Amending the Monroe County Land Use District (Zoning) Map to Apply the Safe Harbor
Community Center ("SHCC") Overlay District for Properties Located at Approximate Mile Marker
5, as Proposed Smith/Hawks PL on behalf of behalf of Bama One, LLC; Bernstein Benjamin
Residuary TR B U/T/T; Bernstein Benjamin Trust B; Byron Colley and Tonita A Davis H/W;
Constellation Yachts, Inc.; Harbor Bay Investments, LLC; JKYD, LLC; K W Resort Utilities Corp„
Key West Transfer Station & Hauling Service, Inc„ Keys Fresh Seafood, LLC; Longstock 11, LLC;
Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises, LLC; Safe Harbor Properties,
LLC and SIMV Hotel 1, LLC.
ITEM BACKGROUND:
On April 19, 2019, the Monroe County Planning and Environmental Resources Department received
an application from Bart of Smith/Hawks PL (the "Agent") on behalf of Bama One, LLC; Bernstein
Benjamin Residuary TR B U/T/T; Bernstein Benjamin Trust B; Byron Colley and Tonita A Davis
H/W; Constellation Yachts, Inc.; Harbor Bay Investments, LLC; JKYD, LLC; K W Resort Utilities
Corp„ Key West Transfer Station & Hauling Service, Inc„ Keys Fresh Seafood, LLC; Longstock II,
LLC; Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises, LLC; Safe Harbor
Properties, LLC and SIMV Hotel 1, LLC (the "Applicants")to amend the Official Land Use District
("Zoning") Map. The proposed amendment would apply the boundaries of a new overlay district, the
Safe Harbor Community Center ("SHCC") Overlay District. The regulations associated with the
SHCC Overlay District would be set forth in a new section of the Land Development Code ("LDC"),
Section 130-140, which has been proposed by the Applicants.t
An overlay district is a regulatory tool that creates a special zoning district, placed over an existing
base land use ("zoning") district, which identifies special provisions in addition to those in the
underling land use ("zoning") district. Requirements of, and regulations related to, the base or
underlying district may or may not be altered.
File No.2018-169.
Packet Pg. 3731
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The Applicant has also requested a text amendment to the Monroe County Land Development Code
to establish a new overlay district within Stock Island, the Safe Harbor Community Center
("SHCC"), to implement goals, strategies and action items of the Monroe County Comprehensive
Plan, the Stock Island and Key Haven Livable CommniKeys Master Plan and the Stock Island
Harbor Preservation / Redevelopment and Intra-Island Corridor Enhancement Plan through the
development of a purpose and intent, boundary, transfers of nonresidential square footage into the
SHCC, permitted and conditional uses, maximum density for hotel/motel and minimum open space,
maximum nonresidential land use intensities and district open space,parking, setbacks and signage.
Affected properties would maintain their underlying existing land use (zoning) district designations
but would be eligible to utilize the regulations developed within the SHCC Overlay District as
identified in proposed LDC Section 130-140.
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FLUNI Laud Use(Zoning)Districts
(Parcels�Ai da , C° rlay ge outhned in+vell vO ? rc lr -thi the r iCCOverllay are,outlineld in„ell lxj
Community Meeting and Public Participation
In accordance with LDC Section 102-159(a), community meetings were held on June 30, 2020, and
December 1, 2021, to discuss the proposed Land Use District ("Zoning") Map amendment and to
provide for public participation. Public comment included: area within MIAI in the 60-64 DNL;
concern as uses become less compatible with increased density; height of new structures, consider
including disclosure statements for sound attenuation; consideration of prohibition of drone activity
in area; clarification on what the overlay changing; final development plans; impact to privately
Packet Pg. 3732
R.11
owned portion of Shrimp Road and how will parking be addressed if the Applicant is requesting to
decrease parking requirements and increase intensity.
Development Review Committee and Public Input
At a regular meeting held on December 14, 2021, the Development Review Committee ("DRC")
considered the proposed FLUM map amendment and provided for public comment.
Previous Relevant BOCC Action:
In December 2013, the BOCC adopted Ordinance No. 045-2013 amending eighteen (18) of the
parcels that were previously designated Industrial ("I") to Mixed Use / Commercial ("MC"). The
parcels requesting the FLUM amendment would be subject to the working waterfront provisions of
the Mixed Use/Commercial ("MC") Future Land Use Map ("FLUM") category.
Planning Commission and Public Input
On January 26, 2022, the Monroe County Planning Commission ("PC") considered the proposed
amendment at a regular meeting and recommended approval through PC Resolution No. P06-22.
AMENDMENT REVIEW AND ANALYSIS
If the proposed text amendment is approved with these proposed increases, there may be an increase
in development of these types of uses at a larger square footage than previously contemplated.
Density and Intensi Anal sis or the SHCC Overla 2
Type Adopted Standards Development potential based upon
density
Properties shall maintain the allocated
density standard ,for residential
dwelling units based on the underlying
Residential existing zoning district.
Allocated Density No change.
Mixed Use (MU): I du/acre
or
Maritimes Industries (MI): I du/acre.
Properties shall maintain the max net
density standard ,for residential
dwelling units based on the underlying
TDR/Market Rate existing zoning district.
Residential Max Net No change.
Density
Mixed Use (MU): 12 du/buildable acre
or
Based on 47.56gross acres, 38.54 buildable acres.
Packet Pg. 3733
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Maritimes Industries (MI): 2
du/buildable acre.
Properties shall maintain the max net
density standard ,for residential
dwelling units based on the underlying
existing zoning district.
Affordable Mixed Use (MU): 12 du/buildable acre
Residential Max Net No change.
Density
or
Maritimes Industries (MI): 2
du/buildable acre.
Properties shall maintain the max net
density standard ,for residential
dwelling units based on the underlying
existing zoning district.
Mixed Use (MU): 10 rooms or spaces/
Transient acre for hotel and campground; S
Allocated Density(') rooms or spaces /acre.for institutional No change.
residential.
or
Maritimes Industries (MI): 10 rooms or
spaces/acre
Previously, the text analyzed by
professional staff and considered by
Mixed Use (MU): 10 rooms or spaces/ the DRC on August 25, 2020 for the
SHCC Overlay (File 2018-169),
acre for hotel and campground; S proposed to increase the maximum
rooms or spaces /acre,for institutional net density for hotel/motels to
residential. twenty (20) units per buildable acre.
Transient Max Net or On September 28, 2021, the
Density applicant submitted revised language
Maritimes Industries (MI): 10 rooms or that appears to reduce the maximum
spaces/acre net density for hotels/motels which
are considered "transient uses" under
the County's Comprehensive Plan
and Land Development Code. With
the inclusion of "maximum net
density for residential dwelling
units" within the newly proposed
Packet Pg. 3734
R.11
text, it appears the applicant is
proposing to utilize the Residential
Maximum Net Density, as provided
in LDC Section 130-157.
Within the Mixed Use (MU) land
use district, the maximum net
density would decrease from 15
rooms or spaces to 12; within the
Maritime Industries the maximum
net density would decrease from 15
rooms or spaces to two (2). Possibly,
the Applicant is proposing to reduce
the density standards for
hotels/motels in an effort to balance
the requested increases in
nonresidential FAR and the potential
increase in traffic.
The calculation below assumes an
increase in transient uses:
Mixed Use (MU): 15 rooms or
spaces / acre for hotel('); 20 rooms
or spaces / acre ,for institutional
residential and 0 rooms or spaces
/acre.
or
Maritimes Industries (MI): 15 rooms
or spaces/acre(e)(i)
Existing Standard 15 568.86
Proposed Standard 20 758.48
'IIIIaiiimge 8 189.62
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1.Upland acreage(47.56 ac)provided by
Applicant,includes deduction for two
parcels within the Industrial(1)FLUM
category that are not eligible for transient
max net density pursuant to
Comprehensive Plan Policy 101.5.25
Packet Pg. 3735
R.11
The proposed amendment seeks to
increase the nonresidential
intensities of several types of uses
but would remain consistent with the
approved intensities established
Mixed Use(MU) under the Mixed Use/Commercial
Commercial retail (MC) and Industrial (I) FLUM
or restaurant: categories.
Low intensity 0.35
Medium intensity 0.25 SHCC Overlay
High intensity 0.15 Max. Max.Floor
Offices' 0.4 FAR Area(SF)
Cornrner U retain
Commercial fishing 0.4
Or restaurant::
Light industrial' 0.3 [..ow hlLenss Ly 0,45 944,424
Institutional 0.3 Med` u,uonr hlLenss Ly 0,45 944,424
Public buildings and 0.3 igh hltw`nsity GL:3 629,616
Nonresidential uses'
Maximum Intensity Commercial 25 Offices 0.5 1,049,360
0.
recreation Commercial fishing 0.45 944,424
Maritime
Industries(MI) t;i t oo rBu,u<to ii GI.p 944,424
Commercial retail f,.i&L hldu,u<sLrU
or restaurant: (*Indu,usvU F 1 I IN 0,6 16,125
Low intensity 0.4 OH )
Medium 03 Institutional 0.3 629,616
intensity . Pubhc N,uillfflng<s and 0,6 1,259,232
High intensity 0.3 Usm'w`s
Offices 0.5 Agriculture
(Mariculture)*MI 0.45 880,326
Commercial Fishing 0.45 zoning only
Light industrial 0.35 Commercial
Heavy Industrial 0.4 recreation*MU 0.25 35,610
zoning only
Institutional 0.3
Public buildings and 0.25
uses
Agriculture
0.45
(mariculture)
(e)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 net density bonuses shall not be available.
(i)For parcels designated as MI zoning that are within the I future land use category,the allocated density for hotel-
motel,recreational vehicle and 'institutional residential uses shall be 0 and the maximum net density bonuses shall not be
available.
The above table indicates the proposed changes of the development potential for residential,
transient and commercial development. Section 130-156(b) of the Land Development Code states:
"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
Packet Pg. 3736
R.11
development shall not exceed the cumulated permitted intensity of the parcel proposed for
development."
With the increases of proposed FAR, it is important to note that existing and proposed nonresidential
land uses would utilize less development potential of the land than previously permitted under the
existing FAR for the MI and MU Zoning Districts. With less development potential utilized by
nonresidential land uses with the increased FAR, there would be more development potential for
transient and residential uses. In other words, the increase is more complicated that just
consideration of the increase of hotel units or the increase of FAR for specific uses. The changes
must be considered holistically.
Furthermore, the additional density and intensity that may result from the adoption of this proposed
amendment may have an impact on existing traffic conditions and concurrency. Based on the
existing traffic level of service within the segments most affected by proposed increases in
development, as well as the larger impact to the overall concurrency level, it is critical to ensure
clarity that concurrency is required at the time of development approval. Therefore, the professional
staff of the Planning and Environmental Resources Department strongly recommends the inclusion
of language specific to traffic concurrency and required mitigation during subsequent development
approval processes.
Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land
Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
process. Any proposed affordable dwelling units would need to obtain a ROGO allocation
(affordable ROGO allocations may be available)prior to issuance of a building permit.
The Planning and Environmental Resources Department's professional staff have found that the
proposed zoning amendment is consistent with the Monroe County Year 2030 Comprehensive Plan
and the Monroe County Land Development Code.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: The Planning and Environmental Resources Department's
professional staff recommends approval of the proposed zoning amendment, contingent upon the
adoption of the companion LDC Text Amendment establishing the SHCC Overlay District.
DOCUMENTATION:
2019-062_BOCC_Staff Report 08.17.22
2019-062 LUD Ordinance
Ordinance_Map_Safe_Harbor
FINANCIAL IMPACT:
Packet Pg. 3737
R.11
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
n/a
REVIEWED BY:
Emily Schemper Completed 08/02/2022 1:05 AM
Peter Morris Completed 08/02/2022 10:26 AM
Purchasing Completed 08/02/2022 11:52 AM
Budget and Finance Completed 08/02/2022 11:54 AM
Brian Bradley Completed 08/02/2022 1:58 PM
Lindsey Ballard Completed 08/02/2022 2:05 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 3738
R.11.a
1
-M�,.�
4 MEMORANDUM CN
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
c�
7
8
9 To: Monroe County Board of County Commissioners >
10 LM
a�
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
12 U
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning
14
15 Date: July 29, 2022
16 U
17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 0
18 Monroe County Land Use District (Zoning) Map to apply the Safe Harbor Community
19 Center (SHCC) Overlay District for properties located at approximately MM 5, 5700 4t' c
20 Ave., 6460 Front St., 5550 5th Ave., 6811 Shrimp Rd., 5550 5th Ave., 5550 5th Ave 1-10, CU
21 6630 Front St., 6500 Front St., 6840 Front St., 6805 Shrimp Rd., 6803 Shrimp Rd., 6991
22 Shrimp Rd.,7009 Shrimp Rd.,7007 Shrimp Rd.,7011 Shrimp Rd.,7025 Shrimp Rd.,7075
23 Shrimp Rd., 7005 Shrimp Rd., Bay Btm. Of Shrimp Rd., 7821 Shrimp Rd., 6810 Front St.
24 and 7001 Shrimp Rd.; Stock Island, as proposed Smith/Hawks PL on behalf of behalf of 0
25 Bama One, LLC; Bernstein Benjamin Residuary TR B U/T/T; Bernstein Benjamin Trust 2
26 B; Byron Colley and Tonita A Davis H/W; Constellation Yachts, Inc.; Harbor Bay
27 Investments, LLC; JKYD, LLC; K W Resort Utilities Corp„ Key West Transfer Station &
28 Hauling Service, Inc„ Keys Fresh Seafood, LLC; Longstock II, LLC; Robbie's Safe N
29 Harbor Marine Enterprises; Safe Harbor Enterprises, LLC; Safe Harbor Properties, LLC
30 and SIMV Hotel 1, LLC (File 2019-062) 00
31 1 �
32 Meeting: August 17, 2022 0.
0
33
34 I. REQUEST
35 i
36 On April 19, 2019, the Planning and Environmental Resources Department received an application U
37 from Barton W. Smith of Smith/Hawks PL (the "Agent") on behalf of Bama One, LLC; Bernstein 0
38 Benjamin Residuary TR B U/T/T;Bernstein Benjamin Trust B;Byron Colley and Tonita A Davis H/W; N�
39 Constellation Yachts, Inc.; Harbor Bay Investments, LLC; JKYD, LLC; K W Resort Utilities Corp„
40 Key West Transfer Station & Hauling Service, Inc„ Keys Fresh Seafood, LLC; Longstock II, LLC;
41 Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises,LLC; Safe Harbor Properties, LLC N
42 and SIMV Hotel 1, LLC (the "Applicants,") to amend the Official Land Use District (Zoning) Map.
43 The proposed amendment would apply the boundaries of a new overlay district, the Safe Harbor E
44 Community Center (SHCC) Overlay District. The regulations associated with the SHCC Overlay
45 District would be set forth in a new section of the Land Development Code, Section 130-140, which
46 has been proposed by the Applicants (File 2018-169).
BOCC SR 0817.2022 Page 1 of 29
File 2019-062
Packet Pg. 3739
R.11.a
I An overlay district is a regulatory tool that creates a special zoning district,placed over an existing base
2 land use (zoning) district, which identifies special provisions in addition to those in the underling land
3 use (zoning) district. Requirements of, and regulations related to, the base or underlying district may
4 or may not be altered.
5
V-
6 The Applicant has also requested a text amendment to the Monroe County Land Development Code to Q
N
7 establish a new overlay district within Stock Island, the Safe Harbor Community Center (SHCC), to
8 implement goals, strategies and action items of the Monroe County Comprehensive Plan, the Stock
9 Island and Key Haven Livable CommniKeys Master Plan and the Stock Island Harbor Preservation /
10 Redevelopment and Intra-Island Corridor Enhancement Plan through the development of a purpose and
11 intent, boundary, transfers of nonresidential square footage into the SHCC, permitted and conditional
12 uses, maximum density for hotel/motel and minimum open space, maximum nonresidential land use is
13 intensities and district open space,parking, setbacks and signage.
14
15 Affected properties would maintain their underlying existing land use(zoning)district designations but E
16 would be eligible to utilize the regulations developed within the SHCC Overlay District as identified U
17 in proposed LDC Section 130-140 (File 2018-169). 0
18
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FLUM Land Use (Zoning) Districts
Parcels within the SHCC Overlay are outlined inyellow) Parcels within the SHCC Overlay are outlined inyellow)
19
20
21
22
BOCC SR 08.17.2022 Page 2 of 29
File 2019-062
Packet Pg. 3740
R.11.a
1 II. BACKGROUND INFORMATION
2 Site Information:
3 Location: MM 5, Stock Island
4 Boundary: N
5 Parcel ID Numbers (29 Parcels): 00123570-000000; 00123770-000000; 00127250-000000; 0)
6 00127280-000000; 00127290-000000; 00127380-000000; 00127280-000200; 00123730-000100;
7 00123730-000200; 00123800-000101; 00123800-000102; 00123720-000400; 00123600-000101;
8 00123600-000102; 00123540-000000; 00123761-000100; 00123761-000200; 00123761-000300; 2
9 00123761-000500; 00123761-000600; 00123761-000700; 00123761-000800; 00123761-000900;
10 00123761-001000; 00123762-000000; 00123660-000000; 00123731-000000; 00123590-000000;
11 00123761-000400
12
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BOCC SR 08.17.2022 Page 3 of 29
File 2019-062
Packet Pg. 3741
R.11.a
I Applicant: Bama One, �LLC; Bernstein Benjamin
trz+M 1511rwv � r
2 Residuary TR B U/T/T; Bernstein Benjamin Trust /
3 B; Byron Colley and Tonita A Davis H/W; °
4 Constellation Yachts, Inc.; Harbor Bay
5 Investments, LLC; JKYD, LLC; K W Resort 9
6 Utilities Corp„ Key West Transfer Station & ; " � �r Q
7 Hauling Service Inc,; Keys Fresh Seafood LLC'
8 Longstock H, LLC; Robbie's Safe Harbor Marine
9 Enterprises; Safe Harbor Enterprises, LLC; Safe
10 Harbor Properties, LLC and SIMV Hotel 1, LLC
11 Agent: Smith/Hawks PL
12 FLUM Designations: Mixed Use / Commercial
13 (MC) 't
14 Land Use Districts: Mixed Use (MU) and
E
15 Maritime Industries (MI)
fir;%
16 Tier Designation: HI
17 Flood Zones: AE(EL 8 and 9); VE EL 11 and 13) 0
18 CBRS: Yes; Parcels 00123660-000000
>
19 00123720-000400 and 00123761-000900 Unit
20 FL-57)
21 Existing Uses: boat repair, warehouse, industrial '�� � '
22 uses, office, marina, retail, restaurant, auto repair, Boundary of SHCC Overlay District and
23 Stock Island Marina Village and The Perry Hotel Unit-57 CBRS Parcels E
24 Existing Vegetation/Habitat: Developed Land, Undeveloped Land, Scrub Mangrove, Mangrove 0
25 and Exotic
26 Community Character of Immediate Vicinity: Adjacent land uses include public uses (Bernstein
27 Park) to the west and public uses (FKAA and Utility Board of Key West) to the south/southeast,
28 vacant land to the south/southwest, open water to the south, and residential and nonresidential to the N
29 north and the east.
30 Q
31 MIAI: The proposed SHCC Overlay District is within the MIAI and the majority of properties 1 �
32 within the proposed SHCC Overlay are within the 60-64 DNL.
33
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proposed overlay r,
34
BOCC SR 08.17.2022 Page 4 of 29
File 2019-062
Packet Pg. 3742
R.11.a
I The properties within the proposed boundaries
2 of SHCC Overlay District currently have a °
3 Land Use District (Zoning) designation of
4 Mixed Use(MU)and Maritime Industries (MI)
5 and a Future Land Use Map (FLUM)
V-
6 designation of Mixed Use/ Commercial (MC) "' '� �� � � �� Q
7 and Industrial (I). The properties within the
8 proposed boundaries of SHCC Overlay District '; r„
9 were within the MU (mixed use) and MI { � ��� � tl�i��i �� �
10 (maritime industries) district effective 1992. e� �
11 With the adoption of the Comprehensive Plans ��
12 FLUM in 1997 properties within the proposed '% � ����,� y "� U
p p p p �:�.
13 boundaries of SHCC Overlay District were
14 designated Mixed Use / Commercial and
<ti
gyp"
15 Industrial (I). In December 2013, the BOCC � 1�'1; ( ';� ;�
16 adopted Ordinance 045-2013 amending 18 of �`qf� ,
17 the parcels that were previously designated
18 Industrial (I) to Mixed Use / Commercial larr�1
19 (MC). All of the properties within the proposed �, n � � � r
20 boundaries of SHCC Overlay District are
21 designated Mixed Use / Commercial (MC)
�
,
22 FLUM. .,�ON/7),
23
24 A vegetation survey/existing conditions report Boundary of SHCC Overlay District and C
25 was not submitted with the Application to Noise Contours 60-64 DNL shaded in j,aliiriilli�:
26 confirm the habitats.
27
28 The Applicant states that the reason for the proposed amendment is: N
l` e lstisis 164,liue,Ameru.Jaic i is a chamige to projee6ori s, chaitmtg d ass U111Ptloml's, issj ns
r lu cttii , the II�'o ida Keys a�id tq�m*, ieme:;iil�ufii.iami of need fc,)° itilm.i6(.,!otu,0 mlcu6l or �i
;a a°iAl iu°Il �iatN mi ° im i. The pear ose ifl'flic Aiinciiichniciv is, pni,,vi1i; c iItc 1iospi�htu , �vorkirlg 0
'tkaw"rfi,ont, mt'Ut'l'�,t'sti°ial., and c,ilicr ax'intttercitil USe", dii Key West„ Slock lsl�ar. ,fl, C
stirs.mi miig areas Witll ML111C:41 ti,eeded uforkfi',ir e idiots mig Nklilih, tsoii ct r atluw ctti~ttr"nt
Pla i and 1,,ariml 11�ervclopmcatit l(cgialanor& lli�e .'oti itg and Applicant arc
i,iic11 8e.to �pn"IN,otle or
29 U
30 U
31 The Applicant's full explanation and justification of the proposed amendments is included in the file
32 for the application (File 42019-062). N�
33
34 Staff has reviewed the Applicants' position and supporting documentation. Staff is also reviewing the V-
35 proposed amendment for consistency with State Statutes, Rules, internal consistency with the
36 Comprehensive Plan and balancing all these items and policy issues.
37
38 Community Meeting and Public Participation
39 In accordance with LDC Section 102-159(a), community meetings were held on June 30, 2020 and
40 December 1,2021 to discuss the proposed Land Use District(Zoning)Map amendment and to provide
BOCC SR 08.17.2022 Page 5 of 29
File 2019-062
Packet Pg. 3743
R.11.a
I for public participation. Public comment included: area within MIAI in the 60-64 DNL; concern as
2 uses become less compatible with increased density; height of new structures, consider including
3 disclosure statements for sound attenuation; consideration of prohibition of drone activity in area;
4 clarification on what the overlay changing;final development plans; impact to privately owned portion N
5 of Shrimp Road and how will parking be addressed if the Applicant is requesting to decrease parking
6 requirements and increase intensity. Q
7
8 Development Review Committee and Public Input
9 At a regular meeting held on December 14, 2021, the Development Review Committee (DRC)
10 considered the proposed FLUM map amendment and provided for public comment.
11 �
12 Previous Relevant BOCC Action: U
13 In December 2013, the BOCC adopted Ordinance 045-2013 amending 18 of the parcels that were
14 previously designated Industrial (I) to Mixed Use / Commercial (MC). The parcels requesting the
15 FLUM amendment would be subject to the working waterfront provisions of the Mixed E
16 Use/Commercial (MC) Future Land Use Map category. U
17 0
18 Planning Commission and Public Input
19 On January 26, 2022, the Planning Commission considered the proposed amendment at a regular a�
20 meeting and recommended approval through PC Resolution P06-22.
21
-z3
22
23 III. AMENDMENT REVIEW AND ANALYSIS E
24 C,
25 Traffic Study and Parking Analysis
26 Pursuant to Policy 301.1.2, U.S. 1 is required to maintain a LOS of"C" in order to support development.
27 The SHCC Overlay District is located on Stock Island with nearest access to US via 2nd Street and 5th
128 Street at approximately mile marker 5. The 2021 US 1 Arterial Travel Time and Delay Study (2021 CN
29 ATTDS)for Monroe County indicates levels of serve(LOS)of"A"for Segment 1 (Stock Island,mm 4.0-
30 5.0), with 3,279 reserve trips'. 00
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c�
'As of August 1,2022,there are 2,474 reserve trips available in Segment 1 with a potential remaining capacity of 722 trips.
BOCC SR 08.17.2022 Page 6 of 29
File 2019-062
Packet Pg. 3744
ADJ. ADJUSTED MEDIIAN 2021
SIEGMENT LENGTH FACILITY POSTED SPEED FOR LOS C TRAVEL LOS RESERVE MAXIMUM RESERVE 51,6 ALLOCATION
(miles) TYPE Limits Averalge SIGNAL CRITERIA SPEED SPEED VOILUMIE BELOW LOS,C
(mph (mplh) fmph), (imph) [mph), (ni,ph (trilpsN (trips)
1 S Dok Islaind(4.0-5.0) 1.10 4-LiD 3T35A5 40 WA 22.0 40.0 A 1810 3,279 3,4?4
C14
2 lBooa Chi,m(5.0-19 0 :3.'9 4-LiD 45J55 54.7 IWA 50.2 59.9 A 9.7 6,265 7,976
3 IBIIQ Coppift i19.0-10.5 1.5 2-LAJ 45,'55 463 IWA 41.8 47.5 5.6 1,391 1,921
4 Saddlebunch 10 5-16 5.9 2-LAJ 45,'55 53 6 IWA 49.1 53.5 4.3 4,130 6,513
:Sugalloaf(I B 8-23 5) 119 2-LAJ 45 450 6.B .31.7 48.8 A 15. 9,752 10"856, C14
5 Cudjoe(20.5-23.0) 2.5 2-LAJ 45 450 IWA 40.5 47.9 A 7.4 3,064 3,920
7 SILIminneriand�23.0-25 O'�, 2.2 2-LAJ 45 450 WA 40.5 46.1 5.6 2,040 2,791
&Raigirrod 0,25.0-27.5) 2.3 2-LAJ 45 450 IWA 40.5 49.5 A &0 2,285 3,063
&7or.h�7.5-29.5) 2.1 2-LAJ 45 450 IWA 40.5 48.8 A 9.3 2,886, 3,589
0
YC Slq Fire f29.5-33.01 3.4 2-LAJ 45 450 5.g N.6 42.7 A 8.1 4,5611 5,511
Y1 (Bahl aHordai330-400'R 7.0 2-LAJ Q70%) 41V5M,5 U 4 IWA 47.9 54.8 A 6.9 7,998 10,,730
4-LiD(30%1
Y2 7-hfile Brage(40 0-47 G� (5.8 2-LAJ 4 5,'55 54,4 IWA 49.9 53.2 3.3 3,716, 6,508 U
Y3 Marathon�(47.0-54.D) 7.3 2-LAJ�13%) 3514 5 425 IRdfA 22.0 39.6 A 17.6 21,276: 22,,590
4-LID(87961
-Y4 Grassy(54.0-(515) (5.4 2-LAJ 4 5,'55 54.6 2.1 4e.0 51.4 3.4 3,603 6,183 E
-Y5 IDurlk�50.5-53.D� 2.7 2-LAJ M 505.0 Ih11A 150.5 53.2 2.7 1,207 2,3,44 E
Yff ILanq fG3 0-73 01 9. 2-LAJ 454NV55 53 4 IWA 48.'9 49.9 c L 0 1.639 5'6I9 0
U
-Y 7 IL klater urnbe j71 ID-7 7 5'j 4.5 2-LAJ 4&15&1515 52-5 IWA 4e.0 48.2 0.2 10 1,939 L-
7ea 7abllp(77.5-7&.5p 2.2 2-LAJ 45 450 IWA 40.5 49.6 A 9.1 2,222 2,9,65 0
JU Mat»cuml: (79.5-84.G 4.1 2-LAJ 45 450 IWA 40.5 35.3 E -5.2 f3,,531), (2',187)
20 Windley V84 0�-H 0) 1.9 2-LAJ 45 450 IWA 40.5 39.3 D -1.2 (378) 271 X
21 IPIlartadior(86.0-9L51 5.9 2-LAJ 35145 430 5.9 32.6 34.7 C 2.0 1,921 3,524
22 7avemier(91.5,99.5q &D 4-LiD 4 5iH 472 1. 39.B 49.4 A 9.8 12,983, 15,,580
23 IKey Largo O'99.5-10&.91 6.8 4-LiD 45 450 5.4 35.1 45.0 A 9.9 11 141, 13_191
E'9
Cross 1 .51 6.2 2-LAJ 4�J55 �I 4 VA 4C.'@ 4-9.1 C 2.2 'G'.
24 C ros5 f 106.CL 1 2,2 4
E
Overall 108.3 45.0 4•5 0.5 IWA <
CL
2
3 As additional development has been approved since the adoption of the 2021 ATTDS,additional segments
4 and the overall capacity of USI continue to be further constrained. Therefore, Staff must consider and N
5 evaluate the impact of proposed text amendments that may further impact traffic concurrency within
6 Monroe County.
00
7 Q
8 A traffic study 1�was submitted with the proposed text amendment establishing the SHCC Overlay District 0
9 (File 2018-169). The submitted traffic stud WCL
y has been provided for purposes of estimating the increase in 0
j
10 traffic associated with the proposed increase in density for the hotel/motel land use. The traffic study
11 indicates a potential increase of approximately 192 hotel/motel units based on an upland area of+/- 48.18
W
12 acres.2 The proposed increase in density within the SHCC Overlay District would result in approximately U
U
13 1,534 new daily trips. 0
14 M
CN
CN
E
A signed and sealed survey completed by a licensed Florida Surveyor has not been submitted for all of the parcels within
the proposed overlay. Confirmation of the upland area is required.
BOCC SR 08.17.2022 Page 7 of 29
File 2019-062
Packet Pg. 3745
Table 1
Trip Generation Suuuniry
C14
W
a
proposed Daily AA1 Peak Hour Trips P1%1 Peak Hour Trips
Land Use fiicrease Trips 1.11 o tit Total h, 0 tit Total
C14
Proposed
Hotel 192 Rooms 17,534 54 37 91 160 58, 1181
C'on1piled by: KBF Cs rr,„�rrr"trrr (Ma y 202,Qi. 0
F,
,_�Opaqy,e 77,.aSar r�r -,s �YTF) Trj;)a-narat�on Vanual�1 Oth Zdition).
2 U
3 The table below shows a brief analysis by Staff of potential traffic impact based on the proposed max net
C
4 density increase for transient units based on the language provided at time of consideration by the
E
5 Development Review Committee on August 25, 20203: E
6 0U
L-
Transient Max Net Density 0
Maritime Industries (MI) Standard (rooms/ Development Potential Traffic
SHCC Overlay buildable acre) Potential Impact (Hotel— X
(Based on 47.56 gross acres , ITE Land Use W
38.54 buildable acres) #310) -6
Existing Standard 15 568.86 4,545.19 daily trips 0
E
Proposed Standard 20 758.48 6,060.25 daily trips CL
Change 5 189.62 1,515.0116 daily trips
C14
1.Upland acreage provided by Applicant,includes deduction for two parcels within the Industrial(1)FLUM category that are not
eligible for transient max net density pursuant to Comprehensive Plan Policy 101.5.25 06
7
0
0.
8 The Traffic Study indicates that the proposed maximum floor area ratio (FAR) with the SHCC Overlay
9 district are not proposed to change, apart from a proposed increase for light industrial uses. However, this
10 is not an accurate statement as the proposed text amendment includes increases in FAR within the SHCC
11 Overlay District when compared to the established FAR for Mixed Use (MU) and Maritime Industries to I
U
12 (MI) Zoning Districts. U
0
13 M
14 The tables below show the proposed changes in FAR within the SHCC Overlay as compared to the N
15 existing underlying zoning districts as proposed through File 2018-169. The uses with an FAR that
16 proposed to increase are highlighted:
N
17
18
E
19
The Application for the proposed LDC Text Amendment(File 2018-169)will be considered at the January 26,2022
Planning Commission Meeting. The Applicant has submitted revised language which may decrease the transient maximum
net density within the SHCC Overlay District
BOCC SR 08.17.2022 Page 8 of 29
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Packet Pg. 3746
R.11.a
1 Comparison to Mixed Use MU oor area ratios:
Existing RQiraul aulull Wifli luiuial
>( u iml Use Maximum Floor Mafli ni iin ±kpoir fl ,iuu
Area Ratio— Airea lWiau- lWu POO CN
Mixed Use(MU) Sit C ( l ed, �
un&,ul�_�miu uuu�wla al �lcw afl or R &,I�utiamu��n;p; 0.35 0�" Q �Q
. Qp
wWllti .l� lln llnilly l �n �m l ,�umun 0.25 Q ��
. u �
Bud➢u Cunt uu...nu.lY p ry
U ° b'S� p p C5� ... g p N7C��, N
. ,,,,� q✓VVOV�rO�w,�CV�VH0. :.V.d 0.V q✓.r .� Y.d0.V.V.rd......., ....... ._M'M�---Office 0.40 050 020
5..
C muuirh,j ua➢
a u,shj „g 0.40 045 02
Vu ➢ul_hp dtia&,I>r a� 0.30 0��000 020
AB av,Y 1<uWi� .,Imlal 4.m �;,w ➢��l�uu;nluul u�ug.➢ n/a 040 020
t3
�uur,iuiu dolufl 0.30 030 020
lliab➢ua A; tiau➢�uuuu,/ul<,..:` 0.30 0
umua tia➢;�;aam 4. .;umua tia➢Iapm.w:). n/a 0 45 QQ.�0
E
a uunu_una,uu a u➢_]I,g,a ua ulualu;u 0.25 025 020 t0
�q� _ _au 9.au_a a u_PMp r ul➢uuuul➢u _ uu _��_uuglau_ _aluunuunuauuu�; _ _uu�_ u,�l� _u➢u _�Dur,lupal_�vul➢u_�, uu➢ui_�mftisnial➢_➢,_uuu��_uar��,�➢y�_uun,uxinaimm 0
floor area rauo l a ➢ b � 6Quu c➢�uarjve I°➢ u as of of ojjv � ul;� Only
__ i _ _ -_ _ __ _ � _ ' _l _ _ i �__ - __
wuhuu � �fisuulF u ! �u ➢ uu �heSuu� ➢ uubo � slue ➢ ➢N'veumaxuuam
_M _ _ __ i _ _ _ _ _------ , l __ _ l _ _ �
FAIIlu0,6V yih a Mixed [Js /� luu �u a u➢ �� � �� Hfiu the Safe Harbor ��_ _ _ __ u _l _ _ _ _ _ j _ _ _ _ _ �
slu_ l lu u���__Ofis m uxinaiuun_F 11� of 45
2
3 Comparison to Maritime Industries (MI) oor area ratios:
Existing R haul aullll ]l'lu iuuu luiuial Cx
> u iml Use Maximum Floor Mafli ni iin !kpoi
Area Ratio— Airea lla io _. llalhp(a)
Maritime SHC -'O fluV l>
Industries(MI) cN
c�
Ls yy <uq�. un&,ul�..�;��uuuuuuwla u u➢ �lcw afl or R &,I�utiamu��q 0.40 045 020 �
me��:tia l! hj ujsi,y �u;u,nuuu �a u;u➢_plc I�uu.�...or plc &,��;nrai, 0.30 045 020 00
QIjL'h �uaiensj�m _�_aluunu Commercial 11�oafl_alu_]I�,�r,i_uuau__uuul 0.30 030 020
_____
Qfu'_ua:: , 0.50 O..`O 0_20 0
CL
C aluunu_uWuu a l ll_islfiuu ; 0.45 4 5 020
u ➢ul...<undtiu,lmu u, 0.35 .. ...Qb
Q➢� uyl_�uuuQuarluau➢_gu_ _ ➢a gau_un uu�_alu_u➢l. 0.40 OJO 0_20
�uur;�u�ua�ua uu„u➢ 0.30 Q 0 0_20 U
:u_ua_u_a➢l:uau_ _4_QQuuua_ua➢�_uuu;a,Q 0.45 OJ5020
cN
C ��uuuu,h.,r al �l,c me� l��u n/a 025 QQI�
r;�u ➢ u,uhe Bain uu��u� �unilu;y _ l� _ Dr,luual , ➢ ➢uuQ is �➢ u , ;inaim
_ l_ _l __ _ _ _ __ _ � _ � _ _ _ �_
` you s
area u_uilo slu a➢➢_b Q�_�rQQ_uuu_ ua a_alulQuuua�_yvul➢u_ll1°al➢1 y_101 `?2`?_alu_i;➢ e ( aluu_rpje u�_uar,jve I'°➢_luu ur�_alu_u,ir;_effo iu���_-Q_u��__�-�u_u➢l C14
laua_llaauu arewu huu �mfu;�uuu➢ F l ! yu ➢ uu h SuueHarbor� l �unaluy � u ua _suu ➢ ➢uya _uulxun,lau u al; i_a _ _ __ _ _ _ � _ _- _ , � __ _-_ _ _l __ _
A11lfO,6Q1)ro uy1Dr�_ __ _ , _ __ _ __ _ __ __ _ _ _
slu l lu uy��__Hfis m uxuuun_u_auun_ll 11Qa f 0,4`?
c�
4 '
5 Per Section 101-1, trips for low-intensity, medium-intensity and high-intensity commercial retail and
6 restaurant uses are defined as follows:
BOCC SR 08.17.2022 Page 9 of 29
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Packet Pg. 3747
R.11.a
I Commercial retail use means a use providing primarily for the sale of consumer
2 goods,products, merchandise or services at retail. Commercial retail uses are subdivided
3 into the following intensity classifications:
4 (1) Commercial retail low-intensity means commercial retail uses that
5 generate less than 50 average daily trips per 1,000 square feet of floor area.
6 (2) Commercial retail medium-intensity means retail uses that generate
7 between 50 and 100 average daily trips per 1,000 square feet of floor area.
8 (3) Commercial retail high-intensity means retail uses that generate above 100
9 average daily trips per 1,000 square feet of floor area.
10
a�
11 Restaurant use means any establishment, which may or may not include a drive-
12 through service, where the principal business is the sale of food and beverages to the t
13 customer in a ready-to-consume state. This includes service within the building as well
14 as takeout or carryout service. Restaurant uses are subdivided into the following intensity
15 classifications: E
16 (1) Low-intensity restaurant use means a restaurant use that generates less U
17 than 50 average daily trips per 1,000 square feet of floor area. 0
18 (2) Medium-intensity restaurant use means a restaurant use that generates
19 between 50 and 100 average daily trips per 1,000 square feet of floor area. a�
20 (3) High-intensity restaurant use means a restaurant use that generates above
21 100 average daily trips per 1,000 square feet of floor area.
,t
CL
TRAFFIC/INCREASE IN
J l J POTENTIAL TRIPS FOR
EACH USE
Mixed Use(MU) Net Change Low End High End
Commercial retail or restaurant: tY
Low intensity 0.36 142,441 49,864 0.46 142,441 64,099 1 4,144 0 71.2 21 �
Medium intensity 0.26 142,441 36,610 0.46 142,441 64,099 28,488 1,424/41 2,8 48 82 x
High intensity 0.16 142,441 21,366 0.3 142,441 42,732 21,666 '1 b(,62 2800-1 06
Offices' 0.4 142,441 66,976 0.6 142,441 71,221 1/4,2 4/4 1;h 41E,t
Commercial fishing 0.4 142,441 66,976 0.46 142,441 64,099 7,1.22 0
Light industrial' 0.3 142,441 42,732 OAS 142,441 64,099 21,666 1/48 W 0)
Institutional 0.3 142,441 42,732 0.3 142,441 42,732 0 " "
Public buildings and uses' 0.3 142,441 42,732 0.6 142,441 86,466 42,70 2,cu4334 �
Commercial recreation 0.26 142,441 36,610 0.26 142,441 36,610 0 0 0 *"
Maritime Industries(MI) Net Change LI
Commercial retail or restaurant: U
Low intensity 0.4 2,071,471 828,689 0.46 2,071,471 932,162 10 ,37/4 0 3j78 68
Medium intensity 0.3 2,071,471 621,441 0.46 2,071,471 932,162 &10,721 11,'S36b0,t33 b1,07.1.07 IM
High intensity 0.3 2,071,471 621,441 0.3 2,071,471 621,441 0 0 0 �
Offices' 0.6 2,071,471 1,036,736 0.6 2,071,471 1,036,736 0 0 0
a
Commercial Fishing 0.46 2,071,471 932,162 0.46 2,071,471 932,162 0 " "
Light industrial' 0.36 2,071,471 726,016 0.46 2,071,471 932,162 207,1147 1,44682 C14
Heavy Industrial' 0.4 2,071,471 828,689 0.4 2,071,471 828,689 0
Institutional 0.3 2,071,471 621,441 0.3 2,071,471 621,441 0 " "
Public buildings and uses' 0.26 2,071,471 617,868 0.6 2,071,471 1,242,883 723,01.'S 4"i,c)7328 E
Agriculture(mariculture) 0.4S 2,071,471 932,162 0.4S 2,071,471 932,162 0 "
22 Potential traffic increase based on 8th Edition ITE trip generation.
23
BOCC SR 0817.2022 Page 10 of 29
File 2019-062
Packet Pg. 3748
R.11.a
I If the proposed text amendment is approved with these proposed increases, there may be an increase in
2 development of these types of uses at a larger square footage than previously contemplated.
3
4 The Comprehensive Plan and Land Development require traffic concurrency to be met and, if required, N
5 mitigation of any increased traffic would need to addressed and provided. Therefore, Staff is strongly
6 recommending the inclusion of language within the proposed text amendment(File 2018-169) to clearly
7 indicate that applicants of proposed developments will need to demonstrate concurrency with adopted
8 level of service (LOS) standards at the time of development approval (building permits, conditional uses 2
9 etc.). Furthermore, Staff is strongly recommending clear language to specify that mitigation related to
10 traffic concurrency is required at the time of development approval.
11
12 Density and Intensity Analysis or the SHCC Overlay 4 U
Type Adopted Standards Development potential based upon
density
E
0
U
Properties shall maintain the allocated 0
density standard ,for residential
dwelling units based on the underlying
Residential
existing zoning district.
Allocated Density No change.
Mixed Use (MU): I du/acre
or
Maritimes Industries (MI): I du/acre.
Properties shall maintain the max net
density standard fir residential
dwelling units based on the underlying
00
existing zoning district.
TDR/Market Rate 0
Residential Max Net Mixed Use (MU): 12 du/buildable acre CL
No change. aL
Density
or
i
Maritimes Industries (MI): 2 U
du/buildable acre. M
i
N
Properties shall maintain the max net
density standard for residential
Affordable dwelling units based on the underlying `1"
Residential Max Net existing zoning district. No change.
Density
Mixed Use (MU): 12 du/buildable acre
a Based on 4 7.56 gross acres, 38.54 buildable acres.
BOCC SR 08.17.2022 Page 11 of 29
File 2019-062
Packet Pg. 3749
R.11.a
or
Maritimes Industries (MI): 2
du/buildable acre.
Properties shall maintain the max net
density standard for residential ,
dwelling units based on the underlying
existing zoning district. >
Mixed Use (MU): 10 rooms or spaces/
Transient acre ,for hotel and campground; S t i
No change.
Allocated Density(') rooms or spaces /acre for institutional
residential.
or U
c,
0
Maritimes Industries (MI): 10 rooms or
spaces/acre
Previously, the text analyzed by staff
and considered by the DRC on August W
25, 2020 for the SHCC Overlay (File
2018-169), proposed to increase the
maximum net density for hotel/motels
to twenty (20)units per buildable acre.
On September 28, 2021, the applicant
submitted revised language that �
Mixed Use (MU): 10 rooms or spaces/ appears to reduce the maximum net N
acre for hotel and campground; S density for hotels/motels which are
rooms or spaces /acre for institutional V
considered "transient uses" under the ;
residential. County's Comprehensive Plan and
Land Development Code. With the 0.
Transient Max Net or inclusion of"maximum net density for W
Density residential dwelling units" within the
Maritimes Industries (MI): 10 rooms or newly proposed text, it appears the
spaces/acre U
applicant is proposing to utilize the U
Residential Maximum Net Density, as 0
ao
provided in LDC Section 130-157.
Within the Mixed Use (MU) land use V-
district, the maximum net density
would decrease from 15 rooms or
spaces to 12; within the Maritime E
Industries the maximum net density
would decrease from 15 rooms or
spaces to two (2). Possibly, the
BOCC SR 08.17.2022 Page 12 of 29
File 2019-062
Packet Pg. 3750
R.11.a
Applicant is proposing to reduce the
density standards for hotels/motels in
an effort to balance the requested
increases in nonresidential FAR and
the potential increase in traffic.
The calculation below assumes an
increase in transient uses:
Mixed Use (MU): 15 rooms or spaces/
acre for hotel('); 20 rooms or spaces /
acre for institutional residential() and U
0 rooms or spaces/acre.
or
0
U
Maritimes Industries (MI): 15 rooms or 0
spaces/acre(e)(i)
X
Existing Standard 15 568.86 �
Proposed Standard 20 758.48
Cllmaillge 5 189.62
CL
1.Upland acreage(47.56 ac)provided by
Applicant,includes deduction for two
parcels within the Industrial(1)FLUM
category that are not eligible for transient C14
max net density pursuant to
Comprehensive Plan Policy 101.5.25
00
I
0
The proposed amendment seeks to
1 % increase the nonresidential intensities
of several types of uses but would
l remain consistent with the approved Ul
intensities established under the U
0
Mixed use(Mu) Mixed Use/Commercial (MC) and coCN
Nonresidential Commercial retail Industrial (I) FLUM categories.
Maximum Intensity or restaurant:
Low intensity 0.35 SHCC Overlay Q
cN
Medium intensity 0.25 Max. Max.Floor
High intensity 0.15 FAR Area(SF)
t ornrnercU retain E
Offices' 0.4
Or restaurant:
Commercial fishing 0.4 I mNs hltensr ty 0,45 944,424
Light industrial' 0.3 load` u,urn hiLenSS Ly 0,45 944,424
BOCC SR 08.17.2022 Page 13 of 29
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Packet Pg. 3751
Institutional 0.3 I ligh hltens�ty (),3 629,616
Public buildings and 0.3 Offices 0.5 1,049,360
usesi
Commercial Commercial fishing 0.45 944,424
(D
recreation
0.25 C14 I oght hldustrU 0,45 944,424
IMndustmraritiies(MI)e
I tight hldustrU
Q
Commercial retail (*IndusvU F 1 1,IN 0,6 16,125 zl�
00Y) >%
or restaurant: M
Low intensity 0.4
Institutional 0.3 629,616
0
Pubhc buddhigs and >
Medium 0,6 1,259,232 0
0 Uses
intensity .3
High intensity 0.3 Agriculture
(Mariculture)*MI 0.45 880,326 U
Offices 0.5 zoning only
Commercial Fishing 0.45 Commercial
recreation*MU 0.25 3
Light industrial 0.35 E
zoning only E
Heavy Industrial 0.4 0
U
Institutional 0.3 0 LM
Public buildings and
uses 0.25 X
Agriculture 0.45
(mariculture)
(e)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 net density bonuses shall not be available.
E
(i)For parcels designated as MI zoning that are within the I future land use category,the allocated density for hotel-motel, <
recreational vehicle and institutional residential uses shall be 0 and the maximum net density bonuses shall not be CL
available.
2 The above table indicates the proposed changes of the development potential for residential, transient Z
3 and commercial development. Section 130-156(b)of the Land Development Code states: "The density N
4 and intensity provisions set out in this section are intended to be applied cumulatively so that no
5 development shall exceed the total density limits of this article.For example, if a development includes 00
Q
6 both residential and commercial development,the total gross amount of development shall not exceed 1
0
7 the cumulated permitted intensity of the parcel proposed for development."
8
9 With the increases of proposed FAR, it is important to note that existing and proposed nonresidential
10 land uses would utilize less development potential of the land than previously permitted under the
11 existing FAR for the M1 and MU Zoning Districts. With less development potential utilized by U
U
12 nonresidential land uses with the increased FAR, there would be more development potential for 0
13 transient and residential uses. In other words, the increase is more complicated that just consideration N
14 of the increase of hotel units or the increase of FAR for specific uses. The changes must be considered
15 holistically.
16 N
17 Furthermore, the additional density and intensity that may result from the adoption of this proposed a
18 amendment may have an impact on existing traffic conditions and concurrency. Based on the existing E
19 traffic level of service within the segments most affected by proposed increases in development, as
20 well as the larger impact to the overall concurrency level,it is critical to ensure clarity that concurrency
21 is required at the time of development approval. Therefore, staff strongly recommends the inclusion
BOCC SR 08.17.2022 Page 14 of 29
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Packet Pg. 3752
R.11.a
I of language specific to traffic concurrency and required mitigation during subsequent development
2 approval processes.
3
4 Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land N
5 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
6 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation(affordable Q
7 ROGO allocations may be available)prior to issuance of a building permit.
8
9 Compatibility with the Surrounding Area >
10 a. Existing Vegetation/Habitat: Developed Land, Undeveloped Land, Scrub Mangrove,
11 Mangrove and Exotic
12 b. Existing Tier Designation: III is
13 c. Number of Listed Endangered or Threatened Species: one
14 d. Existing Use: boat repair, warehouse, industrial uses, office, marina, retail, restaurant, auto
15 repair, Stock Island Marina Village and The Perry Hotel
16 e. Community Character of Immediate Vicinity: Adjacent land uses include public uses U
17 (Bernstein Park) to the west and public uses (FKAA and Utility Board of Key West) to the 0
18 south/southeast, vacant land to the south/southwest, open water to the south, and residential
19 and nonresidential to the north and the east.
20
21 The proposed Zoning amendment is not anticipated to adversely impact the community character of
22 the surrounding area and is consistent with the Mixed Use/Commercial(MC)Future Land Use Map
23 designation of the properties and surrounding area.
d
24
25 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, 2
26 THE STOCK ISLAND—KEY HAVEN LIVABLE COMMUNIKEYS PLAN AND THE MONROE
27 COUNTY LAND DEVELOPMENT CODE
28 N
29 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
30 County Year 2030 Comprehensive Plan, assuming the corresponding LDC Text Amendment is 00
31 adopted and becomes effective. Specifically,it furthers:
32 CL
33 The proposed amendment may not be consistent with the Monroe County 2030 Comprehensive
34 Plan, unless staff recommended edits are included as a part of the proposed companion text
35 amendment (File 2018-169) to ensure internal consistency. Specifically:
36 U
c,
37 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
38 County residents and visitors, and protect valuable natural resources. C14i
39
40 Objective 101.5
T-
41 Monroe County shall regulate future development and redevelopment to maintain and enhance the character Q
42 of the community and protect natural resources by providing for the compatible distribution of land uses
43 consistent with the designations shown on the Future Land Use Map.
44
45 Policy 101.5.6
46 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
47 establishment of mixed use commercial land use(zoning)districts where various types of commercial retail
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I and office may be permitted at intensities which are consistent with the community character and the natural
2 environment. Employee housing and commercial apartments are also permitted. In addition, Mixed
3 Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include
4 maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
5 institutional,public, and commercial retail uses.
6
7 This future land use category is also intended to allow for the establishment of mixed use development C
8 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
9 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
10 continue to take a proactive role in encouraging the preservation and enhancement of community character >
0
11 and recreational and commercial working waterfronts.
12
13 In order to protect environmentally sensitive lands, the following development controls shall apply to all U
14 hammocks,pinelands, and disturbed wetlands within this land use category:
15 1. only low intensity commercial uses shall be allowed;
16 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
17 3. maximum net residential density shall be zero. 0
18 U
LM
19 In order to preserve and promote recreational and commercial working waterfront uses, as defined by
20 [Section] 342.07,F.S.,the following criteria shall apply to all lands designated with the Maritime Industries
21 (MI) land use (zoning) district within this land use category:
22 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, working
23 waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat
24 storage,or other similar uses V)LH C X.C° Udu�1 , GRMS�Cffl USCS, shall be preserved by maintaining a minimum of
25 35% of the upland area of the property for those uses.
26 C
27 To incentivize additional preservation of recreational and commercial working waterfront uses, the
28 following shall be available:
29 i. For the preservation of 36-50% of the upland area of property for working waterfront and water
30 dependent uses, up to 20,000 square feet of nonresidential floor area from the NROGO bank shall be cN
31 provided to the property; and
32 ii. For the preservation of 50% or more of the upland area of property for working waterfront and water T:
33 dependent uses, the residential density on the property may be developed pursuant to the maximum net Qi
34 density standard without the use of TDRs. �
35 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20%of the wet C,
a�
36 slips for vessels involved with recreational and commercial working waterfront uses, excluding live-aboard
37 vessels solely used as a residence and not for navigation.
38 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10%of the wet slips i
39 for vessels involved with recreational and commercial working waterfront uses, excluding live-aboard U
40 vessels solely used as a residence and not for navigation. 0
41 4. The preservation of dockage for recreational and commercial working waterfront uses shall be Mi
42 documented on the final development plan and shall be a written condition of any permit approval.
43 5. For permanent residential development, parcels within the MI zoning district shall be limited to ,
44 commercial apartments or employee housing. Commercial apartment means an attached or detached Q
45 residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve
46 as permanent housing for the owner or employees of that nonresidential use. The term does not include a
47 tourist housing use or vacation rental use. E
48 6. The preservation of a public access walkway, and a public access boat launch if one already exists,
49 shall be required for all parcels with direct access to the water. Consideration shall be given to security and
50 the physical constraints of the parcel. The public access walkway shall be documented on the final
51 development plan to link a continuous walkway and shall be a written condition of any permit approval.
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1 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square
2 feet of floor area. (Ord.No. 032-2012)
3
4 Policy 101.5.25 C14
W
5 Monroe County hereby adopts the following density and intensity standards for the future land use 9
6 categories, which are shown on the FLUM and described in Policies 101.5.1-101.5.20. [F.S. § 0)
7 163.3177(6)(a)l.]
Future Land Use Densuties and!Intensities Minirnurn
O�pen:Space
Future Land Use Category and Residential M Nonresidential Rad a N 0
Corresponding Zoning
Allocated:Der:sity M Maximurn Net Density 1[.)(bp Maximum irtensky
�p'er upland acre) (per builldable acre) (floor area ratio) U
8
................................................................................................................................................................................................................................................................................................. . .................................................................................. .....................................................................................
MdUsVicl(1) 1 du 2 Clu 0.25-0.60 0.20
0 and MI zaning) D rowns/spaces WA
9 E
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... E
Mixed Use/Corni-nercial 1 du 2 du(MI) 0.1 0-0��45 0
U
(MC,)[f)(8j (DR,MU,V111) 6-18 du(SC)(1) (SC,UC,DR,MU) LM
0
(SC,UQ DIR,RV,MLJ1 and MI 3 du(SC) 12 du(1JC)
zoning) 6 du lUC',) 12-18 du(MU)(1) <2,500 SF(RV) 0.20
X
Corrinercial Apartments 18&(DR)
(RV)(N 0.30-0.60(MI)
10-25 roorris/spaces
5—115 ircons/spaces
10 ...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
E
12 Policy 101.6.8 M CL
13 Monroe County shall maintain a Transfer of ROGO Exemption(TRE)program,that allows for the transfer
14 off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces and/or mobile homes to
15 another site in the same ROGO subarea,provided that they are lawfully existing and can be accounted for
16 in the County's hurricane evacuation model. Dwelling units may be transferred as follows: C14
C14
17 a. between sites in the Upper Keys ROGO subarea;
18 b. between sites in the Lower Keys ROGO subarea; 00
19 c. between sites in the Big Pine Key and No Name Key ROGO subarea;
20 1. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the Lower 0
CL
21 Keys ROGO subarea.
22
23 No sender units may be transferred to an area where there are inadequate facilities and services.
24 Sender Site Criteria: en I
U25 1. Contains a documented lawfully-established sender unit recognized by the County; and
26 2. Located in a Tier 1, 11, III-A, or III designated area; including any tier within the County's Military M
27 Installation Area of Impact(MIAI) Overlay. C14
28
29 Receiver Site Criteria:
30 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; C14
31 2. Must meet the adopted density standards;
32 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater E
33 meeting adopted LOS,paved roads, etc.);
34 4. Located within a Tier III designated area; and
35 5. Structures are not located in a velocity(V) zone or within a CBRS unit.
36
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I Objective 101.8
2 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable
3 provisions of the land development regulations,zoning districts,Future Land Use categories and the Future
4 Land Use Map. In Monroe County, some nonconforming uses are an important part of the community
5 character and the County desires to maintain such character and protect these lawfully established, 9
6 nonconforming uses and allow them to be repaired or replaced. [F.S. § 163.3177 (6)a.2.e.] '
7
8 Policy 101.8.1
9 Monroe County shall prohibit the expansion of nonconforming uses.
10 0
11 Policy 101.8.4
12 With the exception of nonconforming uses located in the Mixed Use/Commercial Fishing Future Land Use C
13 category or within a Community Center Overlay,if a structure in which a nonconforming use is located is U
14 damaged or destroyed so as to require substantial improvement, then the structure shall be repaired or
15 restored only for uses which conform to the provisions of the Future Land Use category and zoning district
16 in which it is located. Improvements to historic sites, and improvements to meet health, sanitary or safety
17 code specifications are not considered substantial improvements. 0
18 U
LM
19 Policy 101.8.5
20 Lawful nonconforming uses existing as of September 15, 1986 and located within the Mixed
21 Use/Commercial Fishing category or within a Community Center Overlay, as indicated on the Future Land
22 Use Map, may be rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use,
23 building footprint and configuration without increase in density or intensity of use.
24
25 Policy 101.9.4: With the following exception, nonconforming structures which are damaged or destroyed
26 so as to require substantial improvement shall be repaired or restored in conformance with all applicable C,
27 provisions of the current Monroe County Code. Substantial improvement or reconstruction of
28 nonconforming single-family homes shall comply with the setback and open space provisions set forth in a
29 Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land Development Code except where
30 strict compliance would result in a reduction in lot coverage as compared to the pre-destruction footprint C14
31 of the house. In such cases, the previously approved open space ratio shall be applied; and the maximum
32 shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet T:
33 from mean high water. 00�
34
35 Objective 102.7 C,
a�
36 Monroe County shall take actions to discourage new private development in areas designated as units of
37 the Coastal Barrier Resources System (CBRS).
38
39 GOAL 108 UI
40 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air Station
41 Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be achieved Mi
42 through the implementation of the Objectives and Policies, incorporated herein. Achieved is defined as W
43 being consistent with the Objectives and Policies, incorporated herein. (Ord. No. 012-2012, DEO 12- ,
44 lACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
45
46 Policy 108.2.2
47 Dcuis �y xuud �mcp is;u y swx idw: ds xui4 k uud Uses established by the Future Land Use Element and Future Land E
48 Use Map, on the effective date of this policy, for properties located within the MIAI overlay slli� ll �)c
49 tvco&pi�zcd xuid xfflcm xd p:u,u dx clloju W d1C Mxx.uM UM Juuupxu160� puauNUMH p:u,u flit swldw.ds
50 xxk6ig uuuu did effc k,c dwe offlik p)oHcy. (Ord.No. 012-2012,DEO 12-IACSC-NOI-4401-(A)—(I), eff.
51 7-19-2012)
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|
2 Policv100�.4
3 Existing development located within the MlAlovcruy shall be recognized and allowed to redevelop.
Further,FurUm tbc �rojcoy'y cywlUybcd dcuyity umd iu1cuy� ytuudardy aud kiud uycy 1,)rovidcd Fm tbc Futurc
5 LaudUyc E3cnncutumdFuturc LumdUycMu)ybal]6c rcco&uizcdumd al]ovvcdtorcdcvc]oq)totbc nn�ixionunn
6 dcvc]oq)nncutj)otcutialJ)uryuumttotbcytumdardycxiytiugoutbccNccdvcduUcoftbiy1,)oUcy.(Ord.I�o Oni
� 0|2'
7 2012, DEO12'|ACSC'NOl'4401'(4)--UU, cf[ 7'19'2012)
9 Policy 100'3'5
10 Monroe County will maintain the Future Land Use Map(FLUM)designations,for any application received >
|| after the effective date of this policy, for properties located within the MIAI overlay. FUUMamcudnncuty
12 tbuUiucrc4ycdcuyityumd/oriutcuyityvvitbiutbcM1/\1ovcr]4yrcccivcd�ificrtbccll'ccdvcduUcoftbiyJ')oUcy,
13 arc uotjcmniuduu]cyyMouroc Couuty trumynnitytbc rcgucytcdFUUM amcudnncuttoy4/\SI<.W, J)uryuaut U
14 to poUcy ]ON.].]. Within 30 days ofreceipt, the NASKW commanding officer or his or her designee nnuy
15 1,)rovidc connrocuty on the proposed amendment,based on appropriate data and analysis,to Monroe County
16 indicating whether the property is located within a noise zone or land use incompatibility zone and whether
17 the proposed density and/or intensity increase is incompatible with NASKW. 0
|8 ~~
LM
19 11' N/\SI<W iudicwcy tbc 1,)rojcoy iy vvhbiu 4 ]umd uyc iuco H6iUh zouc, tbc Board of Couo1y
20 Coonoiyyioucry ybal] adoj,)� 4rcyo]udou 1,)rovidiug 4 fhxdiug dctcmniuiug \0 ctbcrtbc jr0j)c1IY iy yu6cctto �
21 tbc rcykicdouy dcuy� umd/orio1cuy� fbrtbc aJq)]icadou I ]cd fbrtbc 1,)rogwtiy tbc —
22 MLA1 Monroe x�Uoo�n{�ndmFlU�4 for properties �
,,~_.~/� .,~_, ,~,:=_,~,_, ^_,,~~ __" � mw
23 proximate to ooUi{uzy inmkd|udonm for which NASKW provided data and unxk/mim, which oocc10 the
24 requirements of Section 163.3177(|)AD, FS, uoofthe effective date of this policy, which supports u
25 determination that the property is within u land use incompatibility zone. Additionally, for FlU�4 E
26 uo/cndo/cn{ requesting an increase of and/or intensity dcnmit� x�dn u land use incompatibility zone, CL
-
27 Monroe County mhu| encourage the Navy toacquire dmmc lands, pursuant to Policy 108.1.7, for the "
28 protection ofthe public health, safety, and welfare of the ohjzcnm of the Florida Keys.
29
30 Policy 100'3'6 =~
r*
31 For any application received after the effective date of this policy,within the MIAI overlay,Monroe County
32 vviOuotupqx�ovc Nl,',W8uid iimem, 4y dcnnouytruUcd outbc M1/\1 Lumd Uyc T46]c (�cmniWcduycy ybovvu iu
33 Co]unnu # u 2), tbrou�b 4�uturc � md Uyc Mup, Tcm, ovcr]4y or 1��U nnup ax�cudnncut� 00
|
34
35 The MlAl Land Use Table provides the Future Land Use Map (F[iTM) Categories (Column |) as of the CL
36 effective date of thispolicy and iuC]Udcs Hic jwni6ud USCS(CC4UMu 2), allocated density per acre(Column
37 3),maximum net density per buildable acre(Column 4), HIC 110Cff ONO r060 (('C&Mnu 5), and corresponding
38 zoning category (Column 6) within cuohFlUM category located within the MlAlbounduzy. Further the mw|
39 MlAl Land Use Table provides land uses located within the 65'69 DNlNoimc Zone 2 undNASKW'm
40 moggcm{cd land use compatibility within this noise zone. The {ub|c includes land uses d|ovvcd (Column 7), 0
41 land uses allowed with restrictions (Column 8), land uses that are generally incompatible but allowed with M|
42 czocpdonm (Column 9) and the land omcm that are not compatible and should be prohibited. Column ||
43 provides notes ummooiu{cd with Co|oo/nm 7, 8, 9 and 10 and indicates that additional land omcm may be �
44 permitted based upon existing the provisions adopted within the Comprehensive Plan.(Oni��o� 0|2'20|2, �a
' w
45 DEO |2'|ACSC'NOl'440|'(4)--UU, cf[ 7'|9'20|2)
80[C 8D08.|72022 Page 19oI29
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R.11.a
2=4
= = = ----.-____ ...................................................................................................................................................................................................._..................... ._._._._. ._._._._.
.................................................................................................................................................................................,x............... ...........................................M..«......................................... w, .................................... ._____________________
«
a.
0
U
E
E
2 .... .... ..... .... ..... ..... ..... ..... ..... ..... .... ..... .... .... ......
3 Policy 108.2.7
4 Nonresidential land uses expressly allowed within the residential Future Land Use Categories(see Column
X
5 11 MIAI Land Use Table) as land uses permitted in the Land Development Regulations that were in effect 0
6 immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully
7 existed on such lands on January 4, 1996, shall be recognized through a "Letter of Development Rights
8 Determination"process and transmitted to the State Land Planning Agency. (Ord.No. 012-2012,DEO 12-
9 lACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
10 CL
11 �
12 Policy 217.1.1: The strategy to preserve and protect commercial fishing and recreational and commercial
13 working waterfront uses shall include the following:
14 1. Exemptions from the requirements of the Permit Allocation System for new nonresidential N
15 development pursuant to Policy 101.4.5;
16 2. Providing for the preservation of recreational and commercial working waterfront uses within the
00
17 Mixed Use Commercial and Mixed Use Commercial Fishing Future Land Use categories,pursuant
18 to Policy 101.5.6 and Policy 101.5.7;
0
19 3. Maintaining land development regulations to allow lawfully established water-dependent and C
20 water-related commercial uses which are identified as a source of economic sustainability within a
21 Livable CommuniKeys Plan to be rebuilt, even if 100% destroyed, providing they meet the CU
22 replacement criteria established in the adopted LCP, are rebuilt to the preexisting use, and are
23 registered and recognized by the Planning & Environmental Resources Department as lawful U
24 nonconforming uses and structures; and 0
25 4. Implementation of marina siting criteria for new marinas. [F.S. § 163.3178(2)(g)] Mi
26
27 The Proposed Amendment is consistent with the following Goals, Objectives and Policies of the
28 Monroe County Year 2030 Comprehensive Plan. Specifically, the amendment furthers:
29
30 Policy 101.5.22: The principal purpose of the Community Center (CC) overlay is to identify a defined E
E
31 geographic developmental focus area according to each of the adopted Livable CommuniKeys Community
32 Master Plans. The intent of this overlay is to implement the action items identified in the Livable
33 CommuniKeys Community Master Plans,pursuant to Policy 101.19.2. Within three years of the adoption
34 of the 2030 Comprehensive Plan,Monroe County shall adopt the Community Center overlays as identified
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R.11.a
I by the Livable CommuniKeys Community Master Plans included in Policy 101.19.2 on the Future Land
2 Use Map. Maximum permitted densities and intensities shall be in accordance with the underlying land
3 use categories.
4 C14
5 Policy 105.2.1
6 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef V'
7 planned development,into three general categories for purposes of its Land Acquisition Program and smart
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 >
0
111
2 associated with each tier are as follows:
13
14 3. Infill Area(Tier III): Any defined geographic area, where a significant portion of land area is U
15 not characterized as environmentally sensitive as defined by this Plan, except for dispersed and
a
16 isolated fragments of environmentally sensitive lands of less than four acres in area, where
17 existing platted subdivisions are substantially developed, served by complete infrastructure
18 facilities, and within close proximity to established commercial areas, or where a concentration 0
U
19 of nonresidential uses exists, is to be designated as an Infill Area. New development and LM
0
20 redevelopment are to be highly encouraged, except within tropical hardwood hammock or
21 pineland patches of an acre or more in area,where development is to be discouraged. Within an X
22 Infill Area are typically found: platted subdivisions with 50 percent or more developed lots ,.T
23 situated in areas with few sensitive environmental features; full range of available public
24 infrastructure in terms of paved roads, potable water, and electricity; and concentrations of 6
25 commercial and other nonresidential uses within close proximity. In some Infill Areas, a mix 0
26 of nonresidential and high-density residential uses(generally 8 units or more per acre)may also <
27 be found that form a Community Center. C,
28
29 Policy 108.1.1
30 Monroe County shall transmit to the commanding officer of Naval Air Station Key West information
31 relating to proposed changes to comprehensive plans,plan amendments,Future Land Use Map amendments N
32 and proposed changes to land development regulations which, if approved, would affect the intensity, 1`:
33 density, or use of the land adjacent to or in close proximity to the Naval Air Station Key West(within the T;
34 Military Installation Area of Impact(MIAI)).Pursuant to statutory requirements,Monroe County shall also
35 transmit to the commanding officer copies of applications for development orders requesting a variance or 0
36 waiver from height requirements within areas defined in Monroe County's comprehensive plan as being in 0
37 the MIAL Monroe County shall provide the military installation an opportunity to review and comment on
38 the proposed changes. (Ord.No. 012-2012, DEO 12-lACSGNOI-4401-(A)—(I), eff. 7-19-2012)
39
40 Policy 108.1.3 U
41 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air Station
42 Key West commanding officer or his or her designee may provide comments to Monroe County on the NI
43 impact proposed changes may have on the mission of the military installation.Monroe County shall forward
44 a copy of any comments regarding comprehensive plan amendments to the state land planning agency. The
45 commanding officer's comments, underlying studies, and reports shall not be binding on Monroe County.
46 Monroe County shall take into consideration any comments provided by the Naval Air Station Key West
47 commanding officer or his or her designee and shall also be sensitive to private property rights and not be
48 unduly restrictive on those rights. (Ord. No. 012-2012, DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19- a
49 2012)
50 d
51 Policy 108.2.1
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I Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the Military
2 Installation Area of Impact (MIAI) to define the zone of influence of NASKW; within which growth
3 management policies shall guide land use activities and uses in areas exposed to impacts generated by Navy
4 operations. (Ord.No. 012-2012, DEO 12-lACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
5
6 Policy 212.2.2
7 Within one (1)year after completion of the evaluation in Policy 212.2.1, the existing setbacks in the Land CN
8 Development Code may be revised as deemed appropriate based upon findings of this review.The setbacks
9 currently in use may be relaxed only through the Special Approval process in Policy 212.2.4. Existing
10 setbacks are as follows: >
0
11 1. twenty (20) feet from the mean high water (MHW) line of manmade water bodies and/or lawfully
12 altered shorelines of natural water bodies;
13 2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered shorelines, U
14 measured from the landward limit of mangroves,if any, and where mangroves do not exist,from the mean
15 high water(MHW) line; and
16 3. fifty(50) feet from any shoreline area which is known to serve as an active nesting or resting area for
17 marine turtles, crocodiles,terns,gulls and other birds. [F.S. § 163.3178(2)(g)] 0
18
19 Policy 212.2.4
20 Permitted uses and performance standards within the shoreline setback shall be as follows:
21 Except as provided herein,principal structures shall be set back as follows:
22 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal
23 structures shall be set back at least twenty (20) feet as measured from the mean high water(MHW)
24 line;
25 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less E
26 than 4,000 square feet that are developed with a lawfully established principal use, the required C,
27 setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to
28 protect community character and minimize environmental impacts by maintaining open space and a
29 protecting shoreline vegetation.
30 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have cN
31 been altered by the legal placement of fill:
32 a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of
33 the property,principal structures shall be set back at least thirty (30) feet as measured from the Qi
34 mean high water (MHW) line or the landward extent of the mangroves, whichever is further �
35 inland. C,
a�
36 b. Where no mangrove fringe exists,principal structures shall be set back at least thirty (30) feet
37 from the mean high water(MHW) line,provided that native vegetation exists or is planted and
38 maintained in a ten (10) foot width across the entire shoreline as approved by the County i
39 Biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50) U
40 feet as measured from the mean high water(MHW) line. 0
41 c. On infill lots surrounded by significant development where principal structures are set back less poi
42 than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the W
43 Director of Planning and Environmental Resources may evaluate the community character, the ,
44 presence or absence of environmental features, and the setbacks on adjacent developed Q
45 properties within two parcels on either side of proposed development, and may allow principal
46 structures to be set back as far as practicable or in line with adjacent principal structures. In no
47 event shall the setback be less than twenty(20)feet. On shorelines where the existing pattern of E
48 setback is greater than thirty (30) feet, the greater setback shall apply.
49 4. Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty (50)
50 feet as measured from the mean high water (MHW) line or the landward extent of the mangroves,
51 whichever is further landward;
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1
2 Accessory structures within the shoreline setback shall be designed to meet the following criteria:
3 1. Along altered shorelines,including manmade canals, channels, and basins:
4 a. In no event shall the total, combined area of all structures occupy more than sixty (60)percent CN
5 of the upland area of the shoreline setback; �a
6 b. Accessory structures,including,pools and spas shall be set back a minimum of ten(10)feet, as
7 measured from the mean high water(MHW) line;
8 2. Along open water shorelines which have been altered by the legal placement of fill, and where a
9 mangrove fringe of at least ten(10) feet in width occurs across the entire shoreline of the property:
10 a. In no event shall the total, combined area of all structures occupy more than thirty (30)percent >
0
11 of the upland area of the shoreline setback;
12 b. Accessory structures other than docks and erosion control structures shall be set back a a
13 minimum of fifteen (15) feet, as measured from the mean high water (MHW) line or the U
14 landward extent of the mangroves,whichever is further landward;
15 3. Along unaltered shorelines:
16 a. In no event shall the total, combined area of all structures occupy more than thirty(30)percent
17 of the upland area of the shoreline setback; 0
18 b. Accessory structures other than docks and erosion control structures shall be set back a tLM
19 minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or the
20 landward extent of the mangroves,whichever is further landward;
21 4. Any proposed development within the shoreline setback shall include a site-suitable stormwater M
22 management plan for the entire developed parcel which meets the requirements of the land
23 development regulations;
24 5. All structures within the shoreline setback shall be located such that the open space ratios for the
25 entire parcel and all scenic corridors and bufferyards are maintained; E
26 6. Structures shall be located in existing cleared areas before encroaching into native vegetation. The C,
27 remaining upland area of the shoreline setback shall be maintained as native vegetation or landscaped
28 areas that allow infiltration of stormwater runoff,
29 7. Side yard setbacks must be maintained for all structures in the shoreline setback except for docks,
30 sea walls, fences,retaining walls, and boat shelters over existing boat ramps; N
31 8. No enclosed structures, other than a dock box of five (5) feet in height or less, a screened gazebo,
32 and a screen enclosure over a pool or spa, shall be allowed within the shoreline setback. Gazebos T:
33 must be detached from any principal structure on the parcel. No decks or habitable spaces may be Qi
34 constructed on the roof of any gazebo in the shoreline setback; �
35 9. Pools,spas,fish cleaning tables,and similar pollutant sources may not discharge directly into surface C,
a�
36 waters.Where no runoff control structures are present,berms and vegetation shall be used to control
37 runoff.Native vegetation shall not be removed to install berms or runoff control structures;
38 10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals, channels, i
39 and basins with little or no native vegetation, and shall be located and designed so as not to create a U
40 nonconformity for other structures set back from the new mean high water(MHW) line created by 0
41 the boat ramp; and Mi
CN
42 11. The roof and supporting members of a boat shelter constructed in compliance with Section 118-10
43 of the Land Development Code, as amended(hereby incorporated by reference),may extend two(2) ,
44 feet into the shoreline setback around the perimeter of a boat basin or ramp. This area shall be Q
45 subtracted from the total area allowed for all structures within the shoreline setback.
46 12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project
47 that may produce changes in circulation patterns shall be approved only after sufficient hydrographic E
48 information is available to allow an accurate evaluation of the possible impacts of the project.
49 Previously existing manmade alterations shall be evaluated so as to determine whether more
50 hydrological benefits will accrue through their removal as part of the project.
BOCC SR 08.17.2022 Page 23 of 29
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R.11.a
1 13. No development other than pile supported docks and walkways designed to minimize adverse
2 impacts on marine turtles shall be allowed within fifty (50) feet of any portion of any beach berm
3 complex which is known to serve as a nesting area for marine turtles:
4 a. The fifty(50)foot setback shall be measured from either the landward toe of the most landward N
5 beach berm or from fifty (50) feet landward of MHW, whichever is less. The maximum total �a
6 setback will be one hundred(100) feet from MHW.
7 b. Structures designed to minimize adverse impacts on marine turtles shall have a minimum
8 horizontal distance of four (4) feet between pilings or other upright members and a minimum
9 clearance of two (2) feet above grade. The entire structure must be designed to allow crawling
10 turtles to pass underneath it moving only in a forward direction. Stairs or ramps with less than >
0
11 the minimum two (2) feet clearance above grade are discouraged. If built, these portions of the
a�
12 structure shall be enclosed with vertical or horizontal barriers no more than two(2)inches apart, a
13 to prevent the entrapment of crawling turtles. U
14 c. Beaches known to serve as nesting areas for marine turtles are those areas documented as such
15 on the County's threatened and endangered species maps and any areas for which nesting or
16 nesting attempts("crawls")have been otherwise documented.Within mapped nesting areas,the
17 Director of Planning and Environmental Resources may,in cooperation with FDEP, determine 0
18 that specific segments of shoreline have been previously, lawfully altered to such a degree that tLM
19 suitable nesting habitat for marine turtles is no longer present. In such cases, the Director may
20 recommend reasonable measures to restore the nesting habitat.If such measures are not feasible,
21 the Director will waive the setback requirements of this paragraph. Restoration of suitable X
22 nesting habitat may be required for unlawfully altered beaches.
23 14. Special Approvals:
24 a. For structures serving commercial uses, public uses, or more than three dwelling units, the
25 Planning Commission may approve deviations from the above standards as a major or minor E
26 conditional use. Such approval may include additional structures or uses provided that such C,
27 approval is consistent with any permitted uses, densities, and intensities of the land use district,
28 furthers the purposes of this section, is consistent with the general standards applicable to all a
29 uses, and the proposed structures are located in a disturbed area of an altered shoreline. Such
30 additional uses are limited to waterfront dining areas, pedestrian walkways, public C14
31 monuments or statues,informational kiosks,fuel or septic facilities,and water-dependent
32 marina uses [emphasis added]. Any such development shall make adequate provision for a
33 water quality monitoring program for a period of five (5) years after the completion of the 00i
34 development.
35 b. For structures serving three or fewer dwelling units,the Director of Planning and Environmental C,
a�
36 Resources may approve designs that address unique circumstances such as odd shaped lots,even
37 if such designs are inconsistent with the above standards. Such approval may be granted only
38 upon the Director's written concurrence with the applicant's written finding that the proposed i
39 design furthers the purpose of this section and the goals of the Monroe County Comprehensive U
40 Plan. Only the minimum possible deviation from the above standards will be allowed in order 0
41 to address the unique circumstances. No such special approval will be available for after-the- Mi
42 fact permits submitted to remedy a Code Enforcement violation.
43 c. All structures lawfully existing within the shoreline setback along manmade canals, channels, ,
44 or basins, or serving three or fewer dwelling units on any shoreline, may be rebuilt in the same Q
45 footprint provided that there will be no adverse impacts on stormwater runoff or navigation.
46 d. Docks or docking facilities lawfully existing along the shoreline of manmade canals, channels,
47 or basins, or serving three or fewer dwelling units on any shoreline, may be expanded or E
48 extended beyond the size limitations contained in this section in order to reach the water depths
49 specified for docking facilities in Policy 212.4.2.Any dock or docking facility so enlarged must
50 comply with each and every other requirement of this Policy and Section 118-12 of the Land
51 Development Code, as amended(hereby incorporated by reference). [F.S. § 163.3178(2)(g)]
BOCC SR 08.17.2022 Page 24 of 29
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Packet Pg. 3762
R.11.a
1
2 B. The proposed amendment may not be consistent with the Stock Island and Key Haven Livable
3 Communikeys Plan (Volumes I and II), unless staff recommended edits are included as a part of the
4 proposed companion text amendment(File 2018-169) to ensure internal consistency. Specifically:
5
6 Volume I
7 Action Item 1.1.2: Create an overlay district in appropriate areas to only permit workforce/affordable
8 housing in conjunction with permitted commercial and light industrial uses.
9
10 Action Item 7.1.3:Implement the recommendations of the Stock Island-Key Haven Livable CommuniKeys >
11 Plan Volume 2 (Harbor Preservation/Redevelopment and Corridor Enhancement Plan).
12
13 Volume II U
14 Action Item: Review and amend, as necessary, the non-conforming use and nonconforming structure
15 provisions of the Land Development Regulations to encourage expansion,renovation, and improvement of
16 viable marine industrial uses and facilities,including docks,wharfs, lifts,wet and dry marinas,boat ramps,
17 boat hauling and repair facilities, commercial fishing facilities, and boat construction facilities. [Pg. 34] 0
18 U
LM
19 Action Item: Review and amend, as necessary, the non-conforming use and nonconforming structure .0
20 provisions of the Land Development Regulations to encourage expansion,renovation, and improvement of I
21 viable commercial fishing and seafood industry uses and facilities. [Pg. 40] M
22
23 Action Item: Develop a comprehensive sign strategy to improve wayfinding for visitors and patrons of
24 businesses located in the Safe Harbor area. [Pg. 44]
25 d
26 Action Item: Continue to work with the Naval Air station at Boca Chica, through the AICUZ process, to C,
27 determine an optimal mix of uses for Peninsular, including housing where possible, and amend the
28 Comprehensive Plan and Zoning as necessary to reflect and encourage the resulting mix. [Pg. 48]
29
30 Action Item: Require the provision of bicycle facilities and parking in all new development and CN
31 redevelopment. [Pg. 62]
32
00
33 Action Item: Propose amendments to the Land Development Regulations that recognize the existing Qi
34 marine dependent uses and the supporting uses found in Safe Harbor that are currently not a permitted use �
35 in Maritime Industries (MI). These LDR amendments could include the creation of an overlay district that C,
a�
36 makes the listed uses in the survey as permitted as-of-right. [Pg. 72B]
37
38 A tiois lteiau: i~C(u L6rr°c �VV rricvv) dcv'd upuui�ucm quid tvdc� 'doj,)uimiu �i wig M icD umW, MOkuuluCy, FOUorr i quid
39 ] &ffi AVCMWS W purr°o idc p:uau')hc s�dcvv�i 'ks cuuuuskmi� rr6dl d1C COUffl:y sw idw'ds. p:rr 622] U
40 0
41 A tiois ltu°iu�w 1~C( auurrc,�is px:rr°p gull)icvv dc�'doj,)uiu clue Ruud tvdc� 'oj')uIu cm:, di pull uupiuu oll"sprrvo GNCS W rr°&Uki:rr° 1
42 �mct°�,& w slli�dc jwdcsai�uis jute Mcy�°Vi�s,c°iVrriu G ill ic, jute cNOW J.CCuuupirrrraWUS GNC �°�uu�uluy pVlW C: dIWICCS W
43 d1C JCSd1C6CS cull dlC COMMLMrru y J.S J v V1C&. irr . 64 �s
44
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45 A tiois ltu°iu a �urre mmrre sips do doj,)u iu m swp idwrrds iui did L�urr4 c doj,uuiucm: i~C& ulllp WIS W
46 N(� Luirr°c puuu&i w V)c Vocwcd w dic uvuurr°otu gVic siec gull"VrrauuU i 1cui;fl ,uuuud W CuICOUnigc sViuirrcd
47 uuCCCSS W Vi116u :d1C uuaM )c rr°oi"& yv-iys wrr conidotu s Ojq)➢ic°iMc 1uirr°6CUkidy w M is 1 uumU,M� i� wiry E
48 uuuud FOLfffli A V C MWS).
49
50 The proposed amendment implements and is consistent with the Stock Island and Key Haven
51 Livable Communikeys Plan (Volumes I and II). Specifically, the amendment furthers:
BOCC SR 08.17.2022 Page 25 of 29
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Packet Pg. 3763
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1
2 Volume I
3 Action Item 1.1.3: Amend the floor area ratios in the overlay district for commercial retail and industrial
4 uses. C14
5
6 Action Item 1.1.5: Create an overlay district to resolve issues with non-conforming structures and uses in
7 the MU and MI land use districts. CN
8 >%
9 Action Item 2.3.1: Continue to recognize land use districts and FLUM categories as the regulatory tool
10 used for evaluating individual proposals for compliance with land development standards such as type of >
0
11 use and intensity of use.
12
13 Strategy 3.3 U
14 Maintain and improve the existing amount of low to very low affordable housing options.
15
16 Action Item 3.1.1: Provide a density bonus unique to Stock Island to encourage the development of low to E
17 very low income rental housing. 0
18
19 Action Item 3.1.3: Work with commercial businesses in the area to identify if the site has the appropriate
20 land use designation and remaining density to provide for low to very low housing.
21 X
22 Action Item 9.1.2: Amend the parking regulations of the Land Development Regulations to reduce the
23 amount of required vehicular parking spaces in commercial establishments in exchange for scooter spaces.
24
25 Volume II E
26 Action Item: Amend the Land Development Regulations to recognize the physical limitations of being C,
27 able to redevelop or reconstruct structures that meet the required bulk regulations such as (setbacks,
28 bufferyards, parking, etc.). Allow the reconstruction and redevelopment of non-conforming structures a
29 within the existing footprint. [Pg. 72C]
30
c1a
31 Action Item: Create flexibility in parking requirements by allowing water-based public parking, on-street
32 parking, or promoting the use of bicycle spaces. [Pg. 72C]
33 Qi
34 Action Item: Promote a diverse mix of land uses to support increased activity in the harbor area, while �
35 remaining compatible with its working waterfront character and function. [Pg. 44] C,
a�
36
37 Action Item: Continue and expand existing Monroe County's workforce housing programs and incentives.
38 [Pg. 55] i
39 U
40 Strategy 5: Build additional flexibility into the zoning, land development regulations, and permitting
41 processes to promote the desired development mix. [Pg. 55] 1
42
43 Action Item: Consider amending the parking and loading provisions in the Land Development Regulations ,
44 applicable to marine sciences and research, marine education, marine technologies,biomedicine, and eco- Q
45 tourism uses. Examples of potential modifications include:
46 • Establish ranges of minimum and maximum parking requirements.
c�
BOCC SR 08.17.2022 Page 26 of 29
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Packet Pg. 3764
R.11.a
I • Offer parking reduction incentives (credits) for uses that share parking, have transit access or available
2 on-street parking. [Pg. 55]5
3
4 Action Item: Explore ways to further streamline review and permitting processes. Consideration for
5 expedited review could be given to development proposals that:
6 Involve new/expanded marine sciences and research, marine education, marine technologies, '
7 biomedicine, and eco-tourism uses.
8 • Create a(to be determined)minimum number of new jobs.
9 • Include workforce housing to support these uses,where allowed.
10 • Have undergone pre-submittal review. >
11 • Submitted completed development applications. [Pg. 55]
12
a�
13 B. The proposed amendment is consistent with the provisions and intent of the Monroe County U
14 Code Land Development Code.
15
16 In accordance with MCC §102458(d)(5)b., the BOCC may consider the adoption of an ordinance
17 enacting the proposed change based on one or more of the following factors: U
18 0
19 1. Changed projections e. regarding public service needs from those on which the text of
g P J � g•� g g P ) �
20 boundary was based; X
a�
21
22 Per the Applicant: "The proposed Amendment is based on changed projections as to the needs of
23 the public.As Monroe County braces itselfto deal with the increasingly-evident impacts ofclimate
24 change, an approach which considers and encourages best practices.for storm readiness and E
25 hardening is necessary.
26
27 According to the U.S. National Climate Assessment Report, "Climate Change Impacts"(the "NCA
28 Report'), produced by an advisory committee chartered under the Federal Advisory Committee
29 Act,for the Subcommittee on Global Change Research and at the request of the U.S. Government, N
30 "[t]here has been a substantial increase in most measures ofAtlantic hurricane activity since the 1`:
17
31 early 1980s ... [citations omitted] These include measures of intensity,frequency, and duration as 00
32 well as the number ofstrongest(category 4 and S) storms."See NCA Report, P. 41. A copy of the 1 1
33 NCA Report is attached hereto and incorporated herein as Exhibit "B".
34
35 By providing for the SHCC Overlay District to accommodate enclosed boat rack structures, the M
36 Code will encourage storm-hardened and practical development of boat storage.facilities. The
37 recent wind-damage and water-damage impacts of Hurricane Irma and the projected increased U
38 intensity ofAtlantic hurricanes mitigate.for policies which encourage the protection ofpersonal 0
39 property (including boats) during storm events, and for investment by developers and port N�
40 operators in infrastructure which provide peace ofmindto visitors and tourists who may otherwise
41 be wary to store boats in the Florida Keys for seasonal use as a result of hurricane impacts.
N
c�
s"Eco-tourism is another facet that offers significant economic potential. Water-based or water-related activities that may
be promoted include canoeing, kayaking, snorkeling and diving, camping, and birding." [Ref. Page 52 of Vol. II, Stock
Island Harbor Preservation/Redevelopment and Intra-Island Corridor Enhancement Plan]
BOCC SR 08.17.2022 Page 27 of 29
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R.11.a
I Boat storage (light industrial use) is allowed within the existing zoning districts (Maritimes
2 Industries and Mixed Use)of the subject properties, as well as within the proposed SHCC Overlay
3 District.
N
4 2. Changed assumptions (e.g., regarding demographic trends);
5 T'
6 Per the Applicant: No response provided.
7
8 3. Data errors,including errors in mapping,vegetative types and natural features described >
9 in Volume I of the plan;
10
a�
11 Per the Applicant: No response provided. U
12
13 4. New issues;
14 0
15 Per the Applicant: No response provided.
16
17 A corresponding text amendment application (File 2018-169) was submitted to establish the X
18 regulations for the SHCC Overlay District. The purpose of the SHCC overlay is to implement
19 goals, objectives and policies of the Comprehensive Plan, and to implement the goals, strategies
20 and action items of Volume I and II to encourage redevelopment in the area, it is appropriate to 6
21 address these specific Action Items.
22
23 The proposed LUD amendment would apply the SHCC Overlay District to the subject properties.
24 The proposed LUD amendment is consistent with the proposed text amendment (File 2018-169)
25 creating the SHCC Overlay District and is consistent with the established Mixed Use/Commercial
26 (MC) and Industrial (I) FLUM categories. N
c�
27 5. Recognition of a need for additional detail or comprehensiveness; or
28 Q
29 Per the Applicant: "The proposed Amendment is based on a need.for additional detail or 1�
30 comprehensiveness, and the SHCC Overlay District provides a framework consistent with the
31 Comprehensive Plan and as set,forth in the Livable CommuniKeys Program,for Stock Island and
32 Key Haven.
33
34 The construction of The Perry Hotel and Stock Island Marina Village have brought more tourists U
35 visitors, and jobs to the area comprising the SHCC Overlay District. ... Ports such as the Safe poi
36 Harbor Marina and Stock Island Marina Village are highly desirable destinations for boaters and N
37 fishermen from all over the world and are prime launching areas.for sea travel from Florida to
38 Cuba."
39 N
40 The Stock Island and Key Haven Livable CommniKeys Master Plan (Volume I, the "LCP") and
41 the Stock Island Harbor Preservation / Redevelopment and Intra-Island Corridor Enhancement E
42 Plan (Volume II, the "Stock Island Harbor Preservation / Redevelopment Plan") set forth goals,
43 strategies and action items to implement the community's issues and objectives. <
44
BOCC SR 08.17.2022 Page 28 of 29
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Packet Pg. 3766
R.11.a
I The corresponding text amendment application (File 2018-169) was submitted to establish the
2 regulations for the SHCC Overlay District. The purpose of the SHCC overlay is to implement
3 goals, objectives and policies of the Comprehensive Plan, and to implement the goals, strategies
4 and action items of Volume I and II to encourage redevelopment in the area, it is appropriate to N
5 address these specific Action Items.
6 Q
N
7 The proposed LUD amendment would apply the SHCC Overlay District to the subject properties.
8 The proposed LUD amendment is consistent with the proposed text amendment (File 2018-169)
9 creating the SHCC Overlay District and is consistent with the established Mixed Use/Commercial
10 (MC) and Industrial (I) FLUM categories.
11 6. Data updates.
12
13 Per the Applicant: No response provided.
14
15 In accordance with MCC §102-158(d)(5)c.,in no event shall an amendment be approved which 0
16 will result in an adverse community change to the planning area in which the proposed
17 development is located or to any area in accordance with a livable communikeys master plan
18 pursuant to findings of the board of county commissioners. X
19
20 Per the Applicant: "There will be no adverse change to unincorporated Monroe County at large if the W
21 Amendment is approved. As discussed herein, there are no increased concurrency, environmental, or 6
22 practical impacts associatedwith implementation ofthe SHCC Overlay District.Allsuch development
23 will be required to comply with level ofservice, concurrency, and performance standards as set.forth
24 in the Code. Moreover, it allows for infill at or near the primary employment center ofKey West and
25 Stock Island while keeping density outside the more rural lower Florida Keys."
26
27 Staff does not anticipate the proposed amendment will result in an adverse community change to Stock N
28 Island, provided that the recommended changes to the companion proposed text amendment (File
29 2018-169) are incorporated. The proposed regulations for the Overlay district implement goals, ;
30 strategies and action items of the Stock Island and Key Haven Livable CommuniKeys Master Plani
31 (the "LCP") and the Stock Island Harbor Preservation / Redevelopment and Intra-Island Corridor 0
32 Enhancement Plan (the "Stock Island Harbor Preservation / Redevelopment Plan"), which represent 0
33 the community's vision for the Stock Island and Key Haven area. Staff is recommending changes to
34 the proposed amendment that will implement even more of the LCP's goals, strategies and action
35 items. A comparison table has been proved as Exhibit 1, showing the relationship between the U
36 proposed amendment and the LCP. 0
M
37 c1�
38 V. RECOMMENDATION
39 Staff recommends approval of the proposed Zoning amendment, contingent upon the adoption of the T-
40 companion LDC Text Amendment establishing the SHCC Overlay District. CN
41
E
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BOCC SR 08.17.2022 Page 29 of 29
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Packet Pg. 3767
R.11.b
1 -n_
2
4 Y/ 14
5
W CN
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 0
12 COMMISSIONERS AMENDING THE MONROE> COUNTY LAND USE
13 DISTRICT (ZONING) MAP TO APPLY THE SAFE HARBOR U
14 COMMUNITY CENTER (SHCC) OVERLAY DISTRICT FOR
15 PROPERTIES LOCATED AT APPROXIMATELY MM 5, 5700 4TH AVE.,
16 6460 FRONT ST., 5550 5TH AVE., 681Y SHRIMP RD.,5550 5TH AVE,.,,,5550
17 5TH AVE 1-10, 6630 FRONT ST., 6500 FRONT ST., 6840 FRONT ST., 6805 U
18 SHRIMP RD., 6803 SHRIMP RD., 6991 SHRIMP RD., 7009 SHRIMP RD., 0
19 7007 SHRIMP RD., 7011 SHRIMP RD., 7025 SHRIMP RD., 7075 SHRIMP
20 RD., 7005 SHRIMP RD., BAY BT I. OF SHRIMP RD., 7821 SHRIMP RD.,
a�
21 6810 FRONT ST., AND 7001 SHRIMP RD.; STOCK ISLAND, AS
22 PROPOSED SMITH/HAWKS PL ON BEHALF OF BEHALF OF BAMA
23 ONE, LLC; BERNSTEIN BENJAMIN RESIDUARY TR B U/T/T; �
24 BERNSTEIN BENJAMIN TRUST B; BYRON COLLEY AND TONITA A
25 DAVIS H/W , CONSTELLATION YACHTS, INC.; HARBOR BAY
26 INVESTMENTS, LLC; J YD, LLC; K W RESORT UTILITIES CORP,;
27 KEY WEST TRANSFER STATION & HAULING SERVICE, INC,; KEYS
28 FRESH SEAFOOD, LLC; LONG TOOK II, LLC; ROBBIE'S SAE
29 HARBOR MARINE ENTERPRISES; SAFE HARBOR ENTERPRISES, �
30 LLC; SAFE HARBOR PROPERTIES, LLC AND SIMV HOTEL 1, LLC;
31 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
32 COl' FLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 0i
33 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF �
34 STATE;! PROVIDING FOR AMENDMENT TO THE LAND USE
35 DISTRICT,(ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. CN
36 (FILE 2019-062)
37
CN
38
39
40 WHEREAS, on April 19, 2019, the Planning and Environmental Resources Department
41 received an application from the Planning and Environmental Resources Department received an
42 application from Bart Smith of Smith/Hawks PL (the "Agent") on behalf of Bama One, LLC;
43 Bernstein Benjamin Residuary TR B U/T/T;Bernstein Benjamin TrustB;Byron Colley and Tonita
44 A Davis H/W; Constellation Yachts, Inc.; Harbor Bay Investments, LLC; JKYD, LLC; K W
45 Resort Utilities Corp„ Key West Transfer Station & Hauling Service, Inc„ Keys Fresh Seafood,
Ord. No. - 2022 Page 1 of 5
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Packet Pg. 3768
R.11.b
I LLC; Longstock II,LLC;Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises,LLC;
2 Safe Harbor Properties, LLC and SIMV Hotel 1, LLC (the "Applicants,") to amend the Official
3 Land Use District (Zoning) Map for properties located at approximately MM 5, 5700 4fh Ave.,
4 6460 Front St., 5550 5th Ave., 6811 Shrimp Rd., 5550 5th Ave., 5550 5th Ave 1-10, 6630 Front
5 St., 6500 Front St., 6840 Front St., 6805 Shrimp Rd., 6803 Shrimp Rd., 6991 Shrimp Rd., 7009
6 Shrimp Rd.,7007 Shrimp Rd.,7011 Shrimp Rd.,7025 Shrimp Rd.,7075 Shrimp Rd.,7005 Shrimp
7 Rd., Bay Btm. Of Shrimp Rd., 7821 Shrimp Rd., 6810 Front St.; and
8 V-
9 WHEREAS, the Applicants have also requested a corresponding Text Amendment to the
10 Monroe County Land Development Code to establish a new overlay district within Stock Island
11 the Safe Harbor Community Center (SHCC), to implement goals,,strategies and action items of
12 the Monroe County Comprehensive Plan, the Stock Island and Key Haven Livable CommniKeys
13 Master Plan and the Stock Island Harbor Preservation/Redevelopment and Intra-Island Corridor
14 Enhancement Plan through the development of a purpose and intent, boundary, transfers of
c,
15 nonresidential square footage into the SHCC, permitted and conditional uses,maximum density
16 for hotel/motel and minimum open space,maximum nonresidential land use intensities and district
17 open space,parking, setbacks and signage (Planning Department File 2018-169); and E
18 U
19 WHEREAS, in accordance with LDC Section 102-159(a), two (2) community meetings LM
20 were held on June 30, 2020, and December 1, 2021, to discuss the proposed Land Use District
21 (Zoning) Map amendment and to provide f6r public participation; and X
22
23 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
24 proposed amendments at a regularly scheduled meeting held on December 14, 2021; and
25 E
26 WHEREAS, at a regularly scheduled meeting held on January 26, 2022, the Monroe C.
27 County Planning Commission held a public hearing for the purpose of considering the proposed
28 amendment to the Land Use District(Zoning) Map and provided for public comment; and
29
30 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P06-22
31 recommending approval of the proposed Zoning map amendment; and
32
33 WHEREAS, at a regularly scheduled meeting held on the 17th day of August, 2022, the 0i
34 Monroe County Board of County Commissioners held a public hearing, considered the staff report,
35 and provided for public comment and public participation in accordance with the requirements of N�
36 state law and the procedures adopted for public participation in the planning process; and
37
N
38 WHEREAS, based upon the documentation submitted and information provided in the
39 accompanying staff report, the BOCC makes the following Findings of Fact:
E
40
41 1. The proposed map amendment is consistent with the provisions of the Monroe County
42 Code:
43 a. As required by MCC §102-158,the map amendment does not relieve particular
44 hardships, nor confer special privileges or rights on any person, nor permit an
Ord. No. - 2022 Page 2 of 5
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Packet Pg. 3769
R.11.b
I adverse change in community character, as analyzed in the Monroe County
2 Year 2030 Comprehensive Plan;
3 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
4 changed assumptions and new issues; and
5 2. The proposed map amendment is consistent with the provisions and intent of the
6 Monroe County Year 2030 Comprehensive Plan: N
7 3. The proposed map amendment is consistent with the Principles for Guiding 9
8 Development in the Florida Keys Area of Critical State Concern;
9
10 WHEREAS, based upon the documentation submitted and information provided in the
a�
11 accompanying staff report, the BOCC makes the following Conclusions of Law: >
0
12
13 1. The proposed LUD amendment is not anticipated to adversely impact the community
14 character of the surrounding area; U
15 2. The proposed LUD amendment is not anticipated to adversely impact the
16 Comprehensive Plan adopted Level of Service (LOS);
17 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies E
18 of the Monroe County Year 2030 Comprehensive Flan; U
19 4. The proposed LUD amendment is consistent with the Stock Island / Key Haven 0
20 Livable CommuniKeys Plan;
21 5. The proposed LUD amendment ,is',consistent with the 'Principles for Guiding
CU
22 Development for the Florida Keys Area, section 380.0552(7), Florida Statute (F.S.); en
23 and -6
24 6. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida
25 Statutes (F.S).
26CL
27 NOW, THEREFORE,, BE IT ORDAINED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
29
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30 Section/A.' The Monroe County sand Use District(Zoning)map is hereby amended as follows:
31 to apply the Safe Harbor Community Center (SHCC) overlay district to properties
32 located at approximately MM 5, 5700 4fh Ave., 6460 Front St., 5550 5th Ave., ski
33 6811 Shrimp Rd., 5550 5th Ave., 5550 5th Ave 1-10, 6630 Front St., 6500 Front
34 St,, 6840 Front St., 6805 Shrimp Rd., 6803 Shrimp Rd., 6991 Shrimp Rd., 7009
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35 Shrimp Rd., 7007 Shrimp Rd., 7011 Shrimp Rd., 7025 Shrimp Rd., 7075 Shrimp
36 Rd., 7005 Shrimp Rd., Bay Btm. Of Shrimp Rd., 7821 Shrimp Rd., 6810 Front St., ,
37 as shown on Exhibit 1, attached hereto and incorporated herein.
38
39 Section 2. Construction and Interpretation. The construction and interpretation of this
E
40 ordinance and all Monroe County Comprehensive Plan provision(s), Florida
41 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
42 interpretation arises out of, relates to, or is interpreted in connection with this
43 ordinance shall be liberally construed and enforced in favor of Monroe County, and
44 shall be construed in favor of the BOCC and such construction and interpretation
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R.11.b
I shall be entitled to great weight in adversarial administrative proceedings, at trial,
2 bankruptcy, and on appeal.
3
4 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to
5 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
6 governmental, and any other similar defense, immunity, exemption, or protection
7 against any suit, cause-of-action, demand, or liability.
8 Q
9 Section 4. Severability. If any provision of this ordinance, or any part or portion thereof, is N
10 held to be invalid or unenforceable by any administrative hearing officer or court
11 of competent jurisdiction, the invalidity or unenforeeability of such provision, or
12 any part or portion thereof, shall neither limit nor impair the operation,
13 enforceability,or validity of any other provision of this ordinance, or any remaining
14 part(s) or portion(s) thereof. All other provisions of this ordinance, and remaining r i
15 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
16
17 Section 5. Repeal of Inconsistent Provisions. All,ordinances in conflict with this ordinance E
18 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein U
19 shall not repeal the repealing clause of such ordinance or revive any ordinance 0
20 which has been repealed thereby.
Y. �
21
22 Section 6. Transmittal.This ordinance shall betransmitted to the Florida State Land Planning
23 Agency as required by F.S. 380.05(11) and F_S. 3800552(9).
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24
25 Section 7. Filin . This ordinance shall be filed in the Office of the Secretary of the State of E
26 Florida but shall not become effective until approved by the Florida State Land �
27 Planning Agency and, if appealed, until rthe appeal is resolved pursuant to Chapter
28 120 of the Florida Statutes.
29
30 Section & " 'Inclusion on the Monroe County Code's Official Land Use District May. The �
31 provisions of this Ordinance shall be included and incorporated on to the Official
32 Land Use District Map of Monroe County.
33 0i
34 Section 9. Effective Date. This ordinance shall become effective as provided by law and
35 stated above, and contingent on adoption and effectiveness of the corresponding
36 Land Development Code text amendment establishing the Safe Harbor Community
37 Center(SHCC) overlay district.
38
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39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
40 Florida, at a regular meeting held on the day of
41
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42 Mayor David Rice
43 Mayor Pro Tem Craig Cates
44 Commissioner Michelle Coldiron
45 Commissioner James K. Scholl
46 Commissioner Holly Merrill Raschein
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R.11.b
I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 BY:
5 MAYOR DAVID RICE
6 (SEAL) CN
NSO COUNTY ATTORNEY
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8 ATTEST: KEVIN MADOK, CLERK Ctic
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11 AS DEPUTY CLERK >
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Ord. No. - 2022 Page 5 of 5
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Exhibit 1 to Ordinance# -2022 R.11.c
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The Monroe County Land Use District is amended
as indicated above.
Land Use District(Zoning) Map change to apply the Safe Harbor Community Center(SHCC)Overlay District to properties
having parcel identification numbers 00123570-000000, 00123770-000000, 00127250-000000, 00127280-000000, N
00127290-000000, 00127380-000000, 00127280-000200, 00123730-000100, 00123800-000101, 00123800-000102,
00123720-000400, 00123600-000101, 00123600-000102, 00123540-000000, 00123761-000100. 00123761-000200,
00123761-000300, 00123761-000500, 00123761-000600, 00123761-000700, 00123761-000800, 00123761-000900,
00123761-001000, 00123762-000000, 00123660-000000, 00123731-000000, 00123590-000000 and 00123761-000400
Packet Pg. 3773
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i r/NINE/,Safe Harbor
b;
Community Center
Overlay
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District
AugustBOCC Meeting
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• Location: MM 5, Stock Island
• Parcel ID Numbers (28 Parcels): 00123570-000000, 00123770-000000,
00127250-000000, 00127280-000000, 00127290-000000, 00127380-000000,
00127280-000200, 00123730-000100, 00123800-000101, 00123800-000102,
00123720-000400, 00123600-000101, 00123600-000102, 00123540-000000,
00123761-000100, 00123761-000200, 00123761-000300, 00123761-000500,
00123761-000600, 00123761-000700, 00123761-000800, 00123761-000900,
Site 00123761-001000, 00123762-000000, 00123660-000000, 00123731-000000,
00123590-000000,AND 00123761-000400
• Size of Affected Portion of Property: 3,062,591 SF (70.31 acres); includes
Infor mation1,533,841 SF (35.21 acres) classified as environmentally sensitive land
according to the Monroe County Property Appraiser
• FLUM Designations: Mixed Use /Commercial (MC)
• Land Use Districts: Mixed Use (MU) and Maritime Industries (MI)
• Tier Designation: III
• Flood Zones: AE (EL 8 and 9); VE EL 11 and 13)
• Existing Uses:
artists' studios, auto repair, boat repair, commercial fishing,
commercial waterfront, deep water dockage, live-a-board
vessels, residential, industrial uses, office, marina, marina
activities, retail, restaurant, storage, Stock Island Marina
Village, The Perry Hotel, trash transfer station, warehouse and
working waterfront.
• Existing Vegetation/Habitat:
Site Developed Land, Undeveloped Land, Scrub Mangrove,
Mangrove and Exotic.
Infor ation • Community Character of Immediate Vicinity:
Adjacent land uses include public uses (Bernstein Park) to the
west and public uses (FKAA and Utility Board of Key West) to
the south/southeast, vacant land to the south/southwest, open
water to the south, and residential and nonresidential to the
north and the east.
• MIAI:
The proposed SHCC Overlay District is within the MIAI and
the majority of properties within the proposed SHCC Overlay
are within the 60-64 DNL
SHCC Overlay
District Boundaries
outlined in Orange
Over1lay District sh Hl be shown as airu
Queasy district on the GfficW L,an
Use District Iap, The Safe. II„I rbo ,j
f
Cornmunity Center OvedayDistrictr
s I[-u II III be cornpirised of that , rt a ii in
area bounded by Front Street 't thEh
east, Founu rth Avell Ue �t h r�cardlia,
Fifth th AvenUe "to the north, Shrimp
Road tothe west, and Shrirnp Road to
-the south t but exckiding that certainproperty owned by the UtHity Board
f the ii`i f Key West and Horida
Keys Aqueduct Authoritybounded Iby
Front- tu", 't to 'the east.
Purpose and inte• nt••
• Implement applicable goals, objectives, and policies of the Comprehensive Plan promoting a
working waterfront and public access to the marine and coastal waters
• Allow for redevelopment in a non-environmentally sensitive area of the Lower Keys for
hotels/motels, affordable/workforce housing, commercial retail, and restaurant uses while
balancing the protection of recreational and commercial working waterfront and commercial
fishing uses and preserving and protecting coastal and natural resources and the community
character.
• Encourage redevelopment that maintains and enhances the economic diversity of the
community; maintain and enhance the community character of a diverse and unique mixed-use
community, separate from Key West;
• Maintain and enhance natural resources, taking care to improve and protect water quality and
beautiful and preserve open space;
• Enhance existing park facilities and provide additional resources for active and passive land-
based recreation and protect shoreline access for water-based recreational activities.
• Provide for all residents of the planning area a safe, efficient, and viable transportation system
for the movement of people and goods
Benefit of SHCC Overlay Districto,
• Encourage redevelopment that maintains and enhances the economic diversity of the
community;
• Preserve the working waterfront by allowing redevelopment of required non-
residential activities and businesses;
• Revitalize the port area while improving the physical setting;
• Accommodate a diversity of water-oriented activities and people;
• Connect the port area to the surrounding community;
• Reinforce the heritage and character of the community;
• Encourage redevelopment and preservation of commercial working waterfront by
allowing the development of boat racks which are covered and enclosed .
Sec . 130= 140 Safe Harbor Community Center
OverlayDistrict Development Standards
• The Overlay District is seeking to provide the following to allow the
implementation of the purpose and intent described above:
• Intensity
• Setbacks: reduce to 10 feet
• Signage
• District Bufferyards: No district boundary bufferyard
Re: Safe Harbor Community Center Overlay District
Stock Island,Florida
FLUNITraffic Statement
Dear Bail:
Per your iecluest, KBP Consulting,Inc. has prepared this traffic stateilient associated with the
Drid Development Regulation Text Amendment Application for the proposed Safe Harbor
Community Center Overlay District on Stock Island, Monroe County, Florida. This proposed
District will consist of an area bounded by Front Street to the east,Fourth Avenue to the north.
d Fifth Avenue to the north,Shrimp Road to the west,and Shrimp Road to the south but excluding
that ceitain prcq.)eity crowned by the Utility Board of the City of Key West and Florida Keys
Aqueduct Authority bounded by Front Street to the cast.
Specifically, as it relates to this proposed District and traffic impacts, we had previously
contemplated an increase in the maximum density for hotel t motel development This is no
longer the case. Furthermore,the maximum Floor Area Ratios (FARs) for the remaining land
uses Nvithin the District will not change. (Ho rveverfior clarificat7on jomposes, the FAR./or the
light industrial use has been adjusted to 0.60 in accordance with Policy 101.5,25 offite,Couqy's
Comprehensive Plan. Please see Attachment A for the relevant exceipts fivm the referenced
Comprehensive Plan.,)
In suiranary. there are no proposed changes in density within the proposed Safe Harbor
C ommunity Center(Dverlay District and. as such, there will be no corresponding impacts to the
surrounding roadway network.
If you have any questions or require additional information.please do not hesitate to contact me
Sincerely.
• KBP CONSLLTING,INC.
Karl B.Peterson.P.E.
Florida Registration Number 49897
En2inccrit)2 Business Number 29939
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