Item Q04 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person: Christine Hurley, 289-2517
AGENDA ITEM WORDING: A public hearing to adopt an ordinance by the Monroe County Board of County
Commissioners amending the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from
Residential Medium (RM) to Mixed Use/Commercial (MC) for property located at 10498 Overseas Highway,
Mile Marker 104, Key Largo, Lots 1-5, Block 4, Revised Amended Plat of Riviera Village, PB2/P80 of the
Public Records of Monroe County, Florida, having real estate numbers 00511220-000000, 00511220-000100,
and 00511220-000101 (Legislative Proceeding).
ITEM BACKGOUND: The applicant presently owns a pet boarding and grooming business in an existing 960
square foot building located at 10498 Overseas Highway. The subject property currently has a Future Land Use
Map (FLUM) designation of RM and a Land Use District designation of Improved Subdivision (IS). The current
regulations pertaining to permitted uses do not allow a commercial retail use and the use is considered
nonconforming to the provisions of the code and the comprehensive plan. The applicant is requesting to amend
the FLUM designation for the existing commercial use from RM to MC. The proposed FLUM amendment,
together with the associated LUD amendment(IS to MU)will eliminate the nonconformity of the use.
On July 2, 2013, the Florida Department of Economic Opportunity (DEO) issued its Objections,
Recommendations, and Comments (ORC) report. The ORC report stated that"the amendment is inconsistent with
Policy 101.4.20 of the Monroe County Comprehensive Plan which states,in part"In order to implement the Florida
Keys Carrying Capacity Study, Monroe County shall promote the reduction of overall county density and
intensity."
In response to the ORC Report, the County coordinated with DEO to clarify that the amendment application was
submitted to Monroe County on July 3, 2012. Policy 101.4.20 was adopted by the BOCC on September 21, 2012
(Ordinance 028-2012) and found in compliance by DEO on November 20, 2012. Policy 101.4.20 states it applies
only to applications received after the effective date of the ordinance; therefore the discouragement policy does not
apply to this amendment. After discussions with DEO, an email was received on July 10, 2013 which stated that if,
in the adoption phase, data is included that indicates the application was received prior to the adoption of Policy
101.4.20,then DEO will not render a non-compliance finding.
PREVIOUS RELEVANT COMMISSION ACTION: Monroe County Resolution No. 127-2012, approved on April 18,
2012,allows an applicant to apply for a LUD and/or FLUM designations that would eliminate the nonconforming use created
with the adoption of the existing designations and not create an adverse effect on the community,provided the existing use
existed lawfully in 1992 and 1997.
On September 21, 2012, the BOCC adopted Ordinance 028-2012 amending the Comprehensive Plan to include Policy
101.4.20 discouraging private applications for FLUM changes which increase allowable density/intensity.
On April 18, 2013, the BOCC approved Resolution No.132-2013 to transmit this proposed FLUM amendment to the State
Land Planning Agency.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
1 „
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7 ORDINANCE - 2013
8
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF
13 THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
14 RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC)
15 FOR PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, MILE
16 MARKER 104,KEY LARGO, LOTS 1-5,BLOCK 4, REVISED AMENDED
17 PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF
18 MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS
19 00511220-000000, 00511220-000100, AND 00511220-000101; PROVIDING
20 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
21 INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL
22 TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE
23 FILING WITH THE SECRETARY OF STATE AND FOR AN
24 EFFECTIVE DATE.
25
26
27 WHEREAS, an application was filed by John C. and Wendy A. Moore on July 3, 2012, to
28 amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
29 Use/Commercial (MC) for property legally described as Lots 1-5, Block 4, Revised Amended Plat
30 of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate
31 numbers 00511220-000000, 00511220-000100, and 00511220-000101; and
32
33 WHEREAS, the Monroe County Development Review Committee considered the proposed
34 amendment at a regularly scheduled meeting held on the 30''day of October, 2012; and
35
36 WHEREAS, at a regularly scheduled meeting held on the 28t' day of November, 2012, the
37 Monroe County Planning Commission held a public hearing for the purpose of considering the
38 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to
39 the Monroe County Year 2010 Comprehensive Plan; and
40
41 WHEREAS,the Monroe County Planning Commission made the following findings:
42
43 1. The proposed FLUM is not anticipated to adversely impact the community character of the
44 surrounding area;
45
46 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
47 adopted Level of Service (LOS);
48
49 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
50 Monroe County Year 2010 Comprehensive Plan;
51
52 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan;
53
54 5. The amendment is consistent with the Principles for Guiding Development for the Florida
55 Keys Area, Section 380.0552(7), Florida Statute (F.S.); and
56
57 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
58
59 WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe County
60 Board of County Commissioners held a public hearing and approved Resolution No. 132-2013 to
61 transmit the proposed amendment to the State Land Planning Agency; and
62
63 WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land Use
64 Map was reviewed by the State Land Planning Agency which issued an Objections,
65 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that"the
66 amendment is inconsistent with Policy 101.4.20 of the Monroe County Comprehensive Plan which
67 states, in part "In order to implement the Florida Keys Carrying Capacity Study, Monroe County
68 shall promote the reduction of overall county density and intensity."; and
69
70 WHEREAS, this amendment application was submitted to Monroe County on July 3, 2012.
71 Policy 101.4.20 was adopted by the BOCC on September 21, 2012 (Ordinance 028-2012) and found
72 in compliance by DEO on November 20, 2012 (the effective date of the amendment, therefore the
73 discouragement policy does not apply to this amendment; and
74
75 WHEREAS, the State Land Planning Agency stated that if, in the adoption phase, data is
76 included that indicates the application was received prior to the adoption of Policy 101.4.20, then
77 FDEO will not render a non-compliance finding.
78
79 WHEREAS, the County has provided the data with the staff report that indicates the
80 application was received prior to the effective date of Policy 101.4.20.
81
82 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
83 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
84
85 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
86 amended as follows:
87
88 The property legally described as Lots 1-5, Block 4, Revised Amended Plat of
89 Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida,
90 having real estate numbers 00511220-000000, 00511220-000100, and
2
91 00511220-000101 is changed from Residential Medium (RM) to Mixed
92 Use/Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated
93 herein.
94
95 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
96 provision of this ordinance is held invalid, the remainder of this ordinance shall
97 not be affected by such validity.
98
99 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
100 conflict with this ordinance are hereby repealed to the extent of said conflict.
101
102 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
103 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
104 Statutes.
105
106 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
107 Secretary of the State of Florida but shall not become effective until a notice is
108 issued by the State Land Planning Agency or Administration Commission
109 finding the amendment in compliance with Chapter 163 and challenge periods
110 have expired.
111
112 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
113 at a regular meeting held on the 17th day of September, 2013.
114
115 Mayor George Neugent
116 Mayor Pro Tem Heather Carruthers
117 Commissioner David Rice
118 Commissioner Sylvia Murphy
119 Commissioner Danny Kolhage
120
121 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
122 BY
123 Mayor George Neugent
124
125 (SEAL)
�M �PRO E j�qs h7'CC3F'�NF
126 ATTEST: Amy Heavilin, Clerk � �4,y7'0 f
date:,,,,., . . a.
127
128 Deputy Clerk
129
130
3
Exhibit 1 to Ordinance# -2013
TARPON AVE
RM -to MC
MARLIN AVE
- 00511220-000100
_T0511 220-000000. 00511220-00010
DOLPHIN RD
C.7
0
POMPANO DI;oMPANO DR
The Monroe County Future Land Use Map is amended
as indicated above.
N
Future Land Use Map Amendment of three parcels from
Residential Medium (RM)to MixedUse/Commercial (MC):
RE Numbers: 00511220-000000, 00511220-000100, and 00511220-000101
2 a11 'lllll
3
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Christine Hurley, Director, Growth Management Division
12 Maytd Santamaria, Assistant Director, Planning and Environmental Resources
13
14 From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager
15
16 Date: August 26, 2013
17
18 Subject: REQUEST BY JOHN C. AND WENDY A. MOORE TO AMEND THE
19 FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010
20 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO
21 MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 10498
22 OVERSEAS HIGHWAY, MILE MARKER 104, KEY LARGO
23
24 Meeting: September 17, 2013
25
26 I. REQUEST
27
28 On July 3,2012,John C. and Wendy A. Moore submitted an application requesting to amend the Future Land
29 Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential Medium(RM)to
30 Mixed Use/Commercial(MC)for property located at 10498 Overseas Highway,Key Largo, having real estate
31 numbers 00511220-000000, 00511220-000100, and 00511220-000101.
32
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File #2012-097
Page I of 13
34 II. BACKGROUND INFORMATION
35
36 The subject property was within the BU-2 district (Medium Business) prior to 1986 when the
37 property was re-designated IS (Improved Subdivision). After 1986, all subsequent permits indicate
38 that the existing building was being utilized for commercial retail use.
39
40 The applicant presently owns a pet boarding and grooming business in an existing 960 square foot
41 building located at 10498 Overseas Highway. The subject property currently has a Future Land Use
42 Map (FLUM) designation of Residential Medium (RM) and a Land Use District designation of
43 Improved Subdivision (IS). The current regulations pertaining to permitted uses do not allow a
44 commercial retail use and the use is considered nonconforming to the provisions of the code and the
45 comprehensive plan. The applicant is requesting to amend the FLUM designation for the existing
46 commercial use from Residential Medium (RM) to Mixed Use Commercial (MC). The proposed
47 FLUM amendment, together with the associated LUD amendment (IS to MU) will eliminate the
48 nonconformity to the use.
49
50 Monroe County Resolution No. 127-2012, approved on April 18, 2012, allows an applicant to apply
51 for a LUD and/or FLUM designations that would eliminate the nonconforming use created with the
52 adoption of the existing designations and not create an adverse effect on the community. The
53 property owner must provide satisfactory evidence that the existing use on the site also existed
54 lawfully in 1992 and was deemed nonconforming by final adoption of the LUD map and/or the
55 existing use on the site existing lawfully in 1997 and was deemed nonconforming by final adoption
56 of the FLUM to be exempt from the FLUM amendment application fee.
57
58 On June 4, 2012, Monroe County Planning staff prepared an addendum to a Letter of Understanding,
59 issued on June 27, 2003, which determined that the existing use existed lawfully in 1992 and was
60 deemed nonconforming by the final adoption of the LUD map. Staff has also determined that the
61 existing use existed lawfully in 1997 and was deemed nonconforming by the final adoption of the
62 FLUM. Staff concluded that he proposed FLUM category of MC and proposed LUD designations of
63 MU or SC would eliminate the nonconformity of use.
64
65 Comprehensive Plan Policy 101.20.1 states: Monroe County shall develop a series of Community
66 Master Plans. These "CommuniKeys Plans" implement a vision that was developed by the local
67 community. In 2006, the Monroe County Board of County Commissioners adopted Policy
68 101.20.2(5) which incorporated the Key Largo Livable CommuniKeys Plan into the Monroe County
69 2010 Comprehensive Plan. Action Item 1.3.2 states: Revise the FLUM and Land Use District Maps
70 to resolve non-conformities in the planning area where appropriate. The proposed FLUM and
71 associated LUP amendment implements this Action Item of the adopted Key Largo CommuniKeys
72 Plan.
73
74 On October 30, 2012, the Monroe County Development Review Committee considered the proposed
75 amendment at a regularly scheduled meeting.
76
77 On November 28, 2012, the Monroe County Planning Commission voted 5-0 to recommend approval
78 of the proposed amendment to the Board of County Commissioners.
79
80
File #2012-097 Page 2 of 13
81 On April 18, 2013, the Monroe County Board of County Commissioners approved Resolution
82 No.132-2013 to transmit the proposed FLUM amendment to the State Land Planning Agency.
83
84 ORC Report and Response
85
86 On July 2, 2013, the Florida Department of Economic Opportunity submitted its Objections,
87 Recommendations, and Comments (ORC) report. The ORC report stated that "the amendment is
88 inconsistent with Policy 101.4.20 of the Monroe County comprehensive Plan which states, in part "In
89 order to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the
90 reduction of overall county density and intensity."
91
92 In response to the ORC Report, the County coordinated with DEO to clarify that the amendment
93 application was submitted to Monroe County on July 3, 2012. Policy 101.4.20 was adopted by the
94 BOCC on September 21, 2012 (Ordinance 028-2012) and found in compliance by DEO on November
95 20, 2012. Policy 101.4.20 states it applies only to applications received after the effective date of the
96 ordinance; therefore the discouragement policy does not apply to this amendment. After discussions
97 with DEO, an email was received on July 10, 2013 which stated that if, in the adoption phase, data is
98 included that indicates the application was received prior to the adoption of Policy 101.4.20,then DEO
99 will not render a non-compliance finding.
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File #2012-097 Page 3 of 13
129 IV. AMENDMENT REVIEW
130
131 DENSITY AND INTENSITY ANALYSIS (COMPREHENSIVE PLAN POLICY 101.4.21)
132
Existing FLUM Type Adopted Standards Development potential
based upon density
Residential 1 du/lot 5 units
Allocated Density/Acre
RM Residential N/A N/A
FLUM Max Net/Buildable Acre
Transient 0 rooms/spaces 0 rooms/spaces
o� tal site: 0.34 aches Allocated Density/Acre
0.27 net access
5 lots Transient N/A N/A
Max Net/Buildable Acre
Nonresidential 0 FAR 0 sf
Maximum Intensity
Proposed FL Type Adopted Standards Development potential
based upon density
Residential 1-6 du/ac 2 units
Allocated Density/Acre
Mixed Use/ Residential
Commercial Max Net/Buildable Acre 2-18 du/ac 0-4 units
FLUM Transient
Allocated Density/Acre 5-15 rooms/spaces 1-5 rooms/spaces
0°ct0��07 �104 10-25 rooms/spaces 4 acres Transient 2-6
0 kitsc es Max Net/Buildable Acre paces room/spaces
Non Residential 0.10-0.45 FAR 1,484—6,678 sf
Maximum Intensity
133
134 Net Change: Residential (Allocated): -3 units
135 Residential (Max Net): +4 units
136 Transient(Allocated): +5 rooms/spaces*
137 Transient(Max Net): +6 rooms/spaces*
138 Non Residential: +6,678 square feet
139
140
141 The above table provides an approximation of the development potential for residential,transient
142 and commercial development. Section 130-156 of the Land Development Code states: "The
143 density and intensity provisions set out in this section are intended to be applied cumulatively so
144 that no development shall exceed the total density limits of this article. For example, if a
145 development includes both residential and commercial development, the total gross amount of
File #2012-097 Page 4 of 13
146 development shall not exceed the cumulated permitted intensity of the parcel proposed for
147 development."
148
149 There are no existing residential uses within the subject property. Any new residential use must
150 compete in the Rate of Growth Ordinance (ROGO) permit process. An existing affordable
151 residential use may also be transferred to the subject property from a sender site that is located
152 within the Upper Keys subarea.
153
154 *Monroe County does not award ROGO allocations for the development of NEW transient
155 residential units (e.g., hotel & motel rooms), pursuant to Policy 101.2.6. For the development of
156 transient units in unincorporated Monroe County, existing transient units must be transferred
157 from the same ROGO subarea to a parcel designated as Tier III or Tier III-A which does not
158 propose the clearing of any portion of an upland native habitat patch of one acre or greater in
159 area.
160
161 COMPATIBILITY WITH THE SURROUNDING AREA
162
163 A. Existing Vegetation/Habitat: Developed land
164 B. Existing Tier Designation: III
165 C. Number of Listed Endangered or Threatened Species: None
166 D. Existing Use: Commercial
167 E. Community Character of Immediate Vicinity: Adjacent land uses consist of a day care
168 center to the south, residential uses to the north and west, with U.S. 1 right-of-way to the
169 east.
170
171 The proposed FLUM is not anticipated to adversely impact the community character of the
172 surrounding area.
173
174
175 CONCURRENCY ANALYSIS (Comprehensive Plan Policy 101.1.1)
176
177 Traffic Circulation(Comprehensive Plan Policy 301.1.1)
178
179 The subject property is located on U.S. 1 in Key Largo. The property is only accessible by U.S.
180 1. The 2012 URS Arterial Travel Time and Delay Study for Monroe County indicated a LOS of
181 A in Key Largo (MM 99.5 to MM 106.0). U.S 1 is required to maintain a level of serve (LOS)
182 of"C" in order to support development.
183
184 The proposed FLUM is not anticipated to adversely impact the Traffic Circulation LOS.
185
186 Potable Water(Comprehensive Plan Policy 701.1.1
187
188 In March 2008, South Florida Water Management District (SFWMD) approved the FKAA's
189 modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Floridian
190 Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98
191 MGD and a maximum monthly allocation of 809 MG with a limited annual withdrawal from the
File #2012-097 Page 5 of 13
192 Biscayne Aquifer of 6,492 MG or 17.79 MGD and an average dry season (December I"-April
193 30'') of 17.0 MGD.
194
195 The Residential LOS is 66.5 gallons/capita/day. The Non-Residential LOS is 0.35 gallons
196 /sq.ft./day. The overall level of service for potable water is 132 gallons per capita/per/day.
197
198 Maximum Residential: 4 DU X 2.24 (people per household) = 8; 8 X 66.5 gallons per capita per
199 day= 532 gallons per day
200
201 Maximum Non-Residential: 0.35 X 6,678 sq.ft.=2,337.3 r4allons per day
202
203 TOTAL: 532 +2,337.3 =2,869.3 gallons/day
204
205 The proposed FLUM is not anticipated to adversely impact the Potable Water LOS.
206
207 Solid Waste(Comprehensive Plan Policy 801.1.1)
208
209 Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 5.44 pounds
210 per capita per day or 12.2 pounds per day per equivalent residential unit (ERU) and establishes a
211 haul out capacity of 95,000 tons per year or 42,668 ERUs. The Comprehensive plan requires
212 sufficient capacity be available at a solid waste disposal site to accommodate all existing and
213 approved development for a period of three years from the projected date of completion of the
214 proposed development of use. Monroe County has a solid waste haul out contract with Waste
215 Management LLC, which authorizes the use of in-state facilities through September 20, 2016,
216 thereby providing the County with approximately three years of guaranteed capacity.
217
218 Maximum Residential = 4 DUs X 2.24 (people per household) = 8; 8 X 5.44 pounds per capita
219 per day=43 pounds per day
220
221 The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS.
222
223 Sanitary Sewer Comprehensive Plan Policy 901.1.1
224
225 The subject property is presently connected to the Key Largo Wastewater Treatment District
226 central sewer system. The level of service (LOS) for residential and nonresidential flow is 145
227 gallons per day per equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan
228 2000).
229
230 Maximum Residential=4 X 145 = 580 gallons per day
231
232 The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS.
233
234 Drainage (Comprehensive Plan Policy 1001.1.1)
235
236 All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set
237 forth in Chapters 17-25 and 17-302,EA.C,incorporated herein by reference. In addition, all projects shall
238 include an additional 50% of the water quality treatment specified below, which shall be calculated by
File #2012-097 Page 6 of 13
239 multiplying the volumes obtained in Section(a)by a factor of 1.5 ,Retention/Detention Criteria(SFWMD
240 Water Quality Criteria 3.2.2.2):
241
242 a) Retention and/or detention in the overall system, including swales, lakes, canals,
243 greenways, etc., shall be provided for one of the three following criteria or
244 equivalent combinations thereof:
245
246 (1) Wet detention volume shall be provided for the first inch of runoff from the
247 developed project, or the total runoff of 2.5 inches times the percentage of
248 imperviousness,whichever is greater.
249
250 (2) Dry detention volume shall be provided equal to 75 percent of the above
251 amount computed for wet detention.
252
253 (3) Retention volume shall be provided equal to 50 percent of the above
254 amounts computed for wet detention.
255
256 b) Infill residential development within improved residential areas or subdivisions
257 existing prior to the adoption of this comprehensive plan must ensure that its post-
25 8 development stormwater run-off will not contribute pollutants which will cause the
259 runoff from the entire improved area or subdivision to degrade receiving water
260 bodies and their water quality as stated above.
261
262 c) New Development and Redevelopment projects which are exempt from the South
263 Florida Water Management District permitting process shall also meet the
264 requirements of Chapter 40-4 and 40E-40,F.A.C.
265
266 The proposed FLUM is not anticipated to adversely impact the Drainage LOS.
267
268 Recreation and Open Space (Comprehensive Plan Policy 1201.1.1)
269
270 The County has adopted an overall level of service, pursuant to Comprehensive Plan Policy
271 1201.1.1, for resourced-based and activity-based recreation and open space of 0.82 acres of per
272 1,000 persons (functional population). If development occurs at 3 residential dwelling units and
273 2.24 per capita, there would be an additional 6 people located on this property.
274
275 The proposed FLUM is not anticipated to adversely impact Parks and Recreation/Open
276 Space LOS.
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File #2012-097 Page 7 of 13
286 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
287 THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES,AND
288 PRINCIPLES FOR GUIDING DEVELOPMENT
289
290 A. The proposed amendment is generally consistent with the following Goals, Objectives and
291 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, it furthers:
292
293 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
294 safety of County residents and visitors, and protect valuable natural resources.
295
296 Policy 101.112: Monroe County shall adopt level of service (LOS) standards for the following public
297 facility types required by Chapter 9J-5, EA.C: roads, sanitary sewer, solid waste, drainage, potable water,
298 parks and recreation, and paratransit The LOS standards are established in the following sections of the
299 Comprehensive Plan:
300
301 1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
302
303 2. The LOS for potable water is established in Potable Water Policy 701.1.1;
304
305 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
306
307 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
308
309 5. The LOS for drainage is established in Drainage Policy 1001.1.1;and
310
311 6. The LOS for parks and recreation is established in Recreation and Open Space Policy
312 1201.1.1
313
314 Objective 101.4: Monroe County shall regulate future development and redevelopment to
315 maintain the character of the community and protect the natural resources by providing for the
316 compatible distribution of land uses consistent with the designations shown on the Future Land
317 Use Map.
318
319 Policy 101.4.5:The principal purpose of the Mixed Use/Commercial land use category is to provide for the
320 establishment of commercial zoning districts where various types of commercial retail and office may be
321 permitted at intensities which are consistent with the community character and the natural environment
322
323 Objective 101.8: Monroe County shall eliminate or reduce the frequency of uses which are inconsistent
324 with the applicable provisions of the land development regulations and the Future Land Use Map, and
325 structures which are inconsistent with applicable codes and land development regulations.
326
327 Objective 101.11: Monroe County shall implement measures to direct fixture growth away from
328 environmentally sensitive land and towards established development areas served by existing public
329 facilities.
330
331 Objective 101.20: Monroe County shall address local community needs while balancing the needs of all
332 Monroe County communities. These efforts shall focus on the human crafted environment and shall be
333 undertaken through the Livable CommuniKeys Planning Program.
File #2012-097 Page 8 of 13
334
335 Policy 101.20.2:The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as
336 a part of the plan and be implemented as part of the Comprehensive Plan. The following Community
337 Master Plans have been completed in accordance with the principles outlined in this section and adopted by
338 the Board of County Commissioners:
339
340 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
341 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the
342 Comprehensive Plan and the term Action Item is equivalent to the term Policy, the meanings and
343 requirements for implementation are synonymous.
344
345 B. The proposed amendment is consistent with the following Key Largo Livable
346 CommuniKeys Plan Action Item:
347
348 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in
349 the planning area where appropriate.
350
351 C. The proposed amendment is consistent with the Principles for Guiding Development for the
352 Florida Keys Area, Section 380.0552(7), Florida Statutes.
353
354 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
355 with the principles for guiding development and any amendments to the principles, the principles
356 shall be construed as a whole and no specific provision shall be construed or applied in isolation
357 from the other provisions.
358
359 (a) Strengthening local government capabilities for managing land use and development so that
360 local government is able to achieve these objectives without continuing the area of critical
361 state concern designation.
362 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
363 seagrass beds, wetlands, fish and wildlife, and their habitat.
364 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
365 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
366 beaches, wildlife, and their habitat.
367 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
368 economic development.
369 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
370 Keys.
371 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
372 environment, and ensuring that development is compatible with the unique historic character
373 of the Florida Keys.
374 (g) Protecting the historical heritage of the Florida Keys.
375 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
376 proposed major public investments, including:
377
378 1. The Florida Keys Aqueduct and water supply facilities;
379 2. Sewage collection,treatment, and disposal facilities;
380 3. Solid waste treatment, collection, and disposal facilities;
381 4. Key West Naval Air Station and other military facilities;
File #2012-097 Page 9 of 13
382 5. Transportation facilities;
383 6. Federal parks, wildlife refuges, and marine sanctuaries;
384 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
385 properties;
386 8. City electric service and the Florida Keys Electric Co-op; and
387 9. Other utilities, as appropriate.
388
389 (i) Protecting and improving water quality by providing for the construction, operation,
390 maintenance, and replacement of stormwater management facilities; central sewage
391 collection; treatment and disposal facilities; and the installation and proper operation and
392 maintenance of onsite sewage treatment and disposal systems.
393 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
394 operation of wastewater management facilities that meet the requirements of ss.
395 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
396 central wastewater treatment facilities through permit allocation systems.
397 (k) Limiting the adverse impacts of public investments on the environmental resources of the
398 Florida Keys.
399 (1) Making available adequate affordable housing for all sectors of the population of the Florida
400 Keys.
401 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
402 a natural or manmade disaster and for a postdisaster reconstruction plan.
403 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
404 maintaining the Florida Keys as a unique Florida resource.
405
406 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
407 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
408
409 C. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
410 Specifically,the amendment furthers:
411
412 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
413 and enhance present advantages; encourage the most appropriate use of land, water, and
414 resources, consistent with the public interest; overcome present handicaps; and deal
415 effectively with future problems that may result from the use and development of land within
416 their jurisdictions. Through the process of comprehensive planning, it is intended that units
417 of local government can preserve, promote, protect, and improve the public health, safety,
418 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
419 general welfare; facilitate the adequate and efficient provision of transportation, water,
420 sewerage, schools, parks, recreational facilities, housing, and other requirements and
421 services; and conserve, develop, utilize, and protect natural resources within their
422 jurisdictions
423
424 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the
425 legal status set out in this act and that no public or private development shall be permitted
426 except in conformity with comprehensive plans, or elements or portions thereof, prepared
427 and adopted in conformity with this act.
428
File #2012-097 Page 10 of 13
429 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards,
430 and strategies for the orderly and balanced future economic, social, physical, environmental,
431 and fiscal development of the area that reflects community commitments to implement the
432 plan and its elements. These principles and strategies shall guide future decisions in a
433 consistent manner and shall contain programs and activities to ensure comprehensive plans
434 are implemented. The sections of the comprehensive plan containing the principles and
435 strategies, generally provided as goals, objectives, and policies, shall describe how the local
436 government's programs, activities, and land development regulations will be initiated,
437 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
438 the intent of this part to require the inclusion of implementing regulations in the
439 comprehensive plan but rather to require identification of those programs, activities, and land
440 development regulations that will be part of the strategy for implementing the comprehensive
441 plan and the principles that describe how the programs, activities, and land development
442 regulations will be carried out. The plan shall establish meaningful and predictable standards
443 for the use and development of land and provide meaningful guidelines for the content of
444 more detailed land development and use regulations.
445
446 163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon
447 surveys, studies, and data regarding the area, as applicable, including:
448 a. The amount of land required to accommodate anticipated growth.
449 b. The projected permanent and seasonal population of the area.
450 c. The character of undeveloped land.
451 d. The availability of water supplies,public facilities, and services.
452 e. The need for redevelopment, including the renewal of blighted areas and the elimination of
453 nonconforming uses which are inconsistent with the character of the community.
454 f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
455 g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
456 consistent with s. 333.02.
457 h. The discouragement of urban sprawl.
458 i. The need for job creation, capital investment, and economic development that will
459 strengthen and diversify the community's economy.
460 j. The need to modify land uses and development patterns within antiquated subdivisions.
461
462 163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following
463 analyses:
464 a. An analysis of the availability of facilities and services.
465 b. An analysis of the suitability of the plan amendment for its proposed use considering the
466 character of the undeveloped land, soils, topography, natural resources, and historic
467 resources on site.
468 c. An analysis of the minimum amount of land needed to achieve the goals and requirements
469 of this section.
470
471 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be
472 consistent with the adopted comprehensive plan, or element or portion thereof, and any land
473 development regulations existing at the time of adoption which are not consistent with the
474 adopted comprehensive plan, or element or portion thereof, shall be amended so as to be
475 consistent. If a local government allows an existing land development regulation which is
476 inconsistent with the most recently adopted comprehensive plan, or element or portion
File #2012-097 Page 11 of 13
477 thereof, to remain in effect, the local government shall adopt a schedule for bringing the land
478 development regulation into conformity with the provisions of the most recently adopted
479 comprehensive plan, or element or portion thereof. During the interim period when the
480 provisions of the most recently adopted comprehensive plan, or element or portion thereof,
481 and the land development regulations are inconsistent, the provisions of the most recently
482 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in
483 regard to an application for a development order.
484
485 163.3194(3)(a), F.S. —A development order or land development regulation shall be consistent
486 with the comprehensive plan if the land uses, densities or intensities, and other aspects of
487 development permitted by such order or regulation are compatible with and further the
488 objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it
489 meets all other criteria enumerated by the local government.
490
491 163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements
492 thereof shall be implemented, in part, by the adoption and enforcement of appropriate local
493 regulations on the development of lands and waters within an area. It is the intent of this act
494 that the adoption and enforcement by a governing body of regulations for the development of
495 land or the adoption and enforcement by a governing body of a land development code for an
496 area shall be based on, be related to, and be a means of implementation for an adopted
497 comprehensive plan as required by this act
498
499 VI. PROCESS
500
501 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
502 Planning Commission, the Director of Planning, or the owner or other person having a contractual
503 interest in property to be affected by a proposed amendment. The Director of Planning shall review
504 and process applications as they are received and pass them onto the Development Review
505 Committee and the Planning Commission.
506
507 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
508 review the application, the reports and recommendations of the Department of Planning &
509 Environmental Resources and the Development Review Committee and the testimony given at the
510 public hearing. The Planning Commission shall submit its recommendations and findings to the
511 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
512 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
513 recommendation, and the testimony given at the public hearing. The BOCC may or may not
514 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
515 Land Planning Agency, which then reviews the proposal and issues an Objections,
516 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
517 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
518 amendment.
519
520 VII. STAFF RECOMMENDATION
521
522 Staff recommends approval.
523
524
File #2012-097 Page 12 of 13
525 VIII. EXHIBITS
526
527 1. Application dated July 2, 2012
528 2. June 4, 2012 Addendum to a Letter of Understanding issued on June 27, 2003 concerning a
529 pet grooming and boarding facility located at 104980 Overseas Highway, Key Largo
530 3. Monroe County Resolution No. 127-2012
531 4. Proposed FLUM Map
532 5. Monroe County Resolution No. 132-2013
533 6. FDEO ORC Letter Dated 7/2/13
534 7. FDEO Email Dated 7/10/13
535
File #2012-097 Page 13 of 13
Exhibit 1
REQUEST FOR FUTURE LAND USE MAP(FLU"
RECEIVED
JUL - 3 2012
OOE CO.PLANNING DEPT
MONROE COUNTY
wift the Monroe County Code by to Staff
scheduledprior to the ken being
A,mendment to Future Land Use Map Application Feet. .00
In addidon to the above applicationfees, the ollo ' fe also apply to each appikadon:
Advertising
Surrounding Property Owner Notification:$3.00 for each property owner required to be noticed
Tecimlogy
Date 7/ a /
Month Day Yew
Property Owner: A&W(' ):
Name
AddressMailing
Daytime Phone Daytinic
- 1 i
EmailAddress
Legal
attachlegal descriptionon separate )
t er- i
Bock 1 l! S
x
s
Street Address I
A
Pop i of 4
t t 2009
FutureREQUEST FOR FUTURE LAND USE MAp(FLInW)
AMENDMENT"PLICATION
Current ):
Proposed Future s (8):
Current Land Use District (a):
(s):
Total Land AreaExisting Use
oft (If the pmpaty is developed,pleasee of the propedy,
includinge number and type of any residential units and the amount and type o
Y commmicial.development):
In accordance ordinancetheadoption of an
proposed change based on one or a of dx factors Plem describe how one or more of the following
factors (attach additional sheets if ):
1) fe (� Publics )from those 00 which e
text or boundary
w :
) Changed assumptions(e, regarding demographic ):
mapping,3) Data erroM including errors In vegetative types and natural features described in vohuw
! of the Phu:
Pa of ge
Last Revised: April 2
AMENDMENT REQUEST FOR FUTURE LAND USE MAP(FLUM)
4) New issues:
5) Recognition f a need for additional detail or c
6) Data updates:
In no event shall an amendment be approvede communlity change of the
planning area el is locaft& Plem describe bow the FLUM amendment
would not result in an adverse community c (attach ):
Has a previous FLUM application been submitted for thiss a within the past two yean?
Yes Date:
No
All of the followingt be submitted in order ve a complete application submittal:
(?lean check as you attachitem to the a i o )
Complete Future Land Use Map (unaltered );and
Correctfee(check or money order to Monroe Cow3ty Planning&Enviromnental Resources);and
ownershipProof of ( ;and
Current ) County Property Appraiser;and
Location map from Monroe County Property Appraiser;and
Coy of Future Land Use Map(please request fium.the Planning&FAvironmental
Department prior to application l);and
Coy e Planning
Department prior to application submittal);
Photograph($)of site from adjacent (s);
Page 3 of 4
Last Revised: April 2009
REQUEST FOR FUTURE LAND USE MAP(FLUM)
300 foot radius map from AMENDMENT APPLICATION
County property P
Lid of surrounding property owners from 300 foot radius map
Typed e mad address nuffing labels of ail property owgen Within a 300 foot radius of the
property( (2) ). lbs list should compiled rolls ofthe Monroe County
Property APP8ser- In the event that o c0ndOnguium development is within the 300 foot radiu%each unit
owner must be included,
13 Signed and
Seated Boundary Survey,prepared
®1 EbyFloridar— (1 ) (at
a should of all exating
areas utility •all bodies of water on the site Ed adjacent to the site;total acreage marked with
vegetativeland use district;and total acreage shown with t).
If applicable,Me following most be submitted in order to haves C01001M ApPlIcation submittaft
Notarized Agent Autborization Letter(note:authorization is n s)of the adject
Any other Monroe County documents includingUndentsudins pertaining to the proposed
Future Land Use Map amendment
If deemed necessary to complete a fan reviewof the al)PUtsd0u,the planning&Environmental
Depart=W reserves the right request
I certify that I am familiar with lion contained in this application,and that to the best of my knowledge
such 'on is true,complete and accurate.
h
Signature Date:
1 1 ,
Sworn before me this fday ofLOW
(��✓
W CMWISSW Offam (�L
MF
EMS:JUN 30.2014 � Notary c
Bow WV*III to WAM MY Commission ftires
Please or deliver the complete application package to:
Monroe County Plan=9
Marathon Governmiza Center
2798 Overseas Highway,Suite
Marathon,FL 33050.
Page 4of
Last 2009
Exhibit
County of Monroe
Growth Management Division
Ftanalm&EnAronmsetal Resourna 39ard of cavoly CoMmisstoe.rs
2Eoartmlat Mayor David Rica Dist.4
2798 Overseas Highway,Suite 410 Mayor Pro Tam Kim Wigington,Dist.1
Marathoe,FL 33050 HeatherCanuthem Dist 3
Voice: (305)284.2500 Gto,ya NeugeaL Dist.2
FAX: (305)289-2536 Sylvia).Murphy,Dist 5
We Awye to be cerise,prefesrlonal end fair
June 4,2012
John Moore
104980 Overseas Highway
Key Largo,33037
SUBJECT: ADDENDUM TO LETTER OF UNDERSTANDING ISSUED ON JUNE 27,
2003 CONCERNING A PET GROOMING AND BOARDING FACILITY,
LOCATED AT 104980 OVERSEAS HIGHWAY, KEY LARGO, MILE
MARKER 104.9, HAVING REAL ESTATE NUMBERS 00511220.000000,
00511220.000100 AND 00511220.000101
tW,Moore,
Pursuant to §110-3 of the Monroe County Code(MCC), this document shall constitute a Letter
of Understanding(LOU). On June 12, 2003,a Pre-Application Conference regarding the above-
referenced property was held at the office. of the Monroe County Planning & Environmental
Resources Department on Plantation Key. A letter of understanding was issued afterwards on
June 27,2003.
Mote: The June 27, 2003 was for the following real estate numbers: 00511200.000000,
1)0511210.000000, 00511220.000000 and 00511230.000000. Real estate numbers
00511200.000000, 00511210.000000, and 00511230.000000 were combined with
00511220.000000 for the 2009 tax roll per the property owner's request. Two new real estate
numbers, 0051 1220.000100 and 00511220.000101, was split out from 00511220.000000 for the
2010 tax roll per the property owner's request.
The Board of County Commissioners passed and adopted Resolution #127-2012 on April 18,
2012. This resolution,adopted after the issuance of the letter of understanding on Jane 27,2003,
arnended the Planning & Environmental Resources Department's fee schedule. Of relevance to
your property and the development thereon, the amended fee schedule included the following
new provision:
T-here shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a reap amendment to the official [Land Use District
Addendum to June 27,2003 Letter of Understanding ?2ge i of
(LUD)] map and/or the official (Future Land Use Map (FLUM)], if the property owner
can provide satisfactory evidence that a currently existing use on the site that also existed
lawfully in 1992 was deemed nonconforming by final adoption of the LUD map and/or a
currently existing use on the site that also existed lawfully on the site in 1997 was
deemed nonconforming by final adoption of the FLUM. To qualify for the fee
exemption, the applicant must apply for a LUD and/or FLUM designation(s) that would
eliminate the non-conforming use created with adoption of the existing designation(s)
znd not create an adverse impact to the community. Prior to submittal of a map
,unendment application, the applicant must provide the evidence supporting the change
and application for a fee exemption with the proposed LUD mapIFLUM designations to
the Monroe County Planning & Environmental Resources Department as part of an
,pplication for a Letter of Understanding. Following a review, the Director of Planning
&Environmental Resources shall determine if the information and evidence is sufficient,
and whether the proposed LUD map and/or FLUM designations are acceptable for the fee
waiver, and approve or deny the fee exemption request. This fee waiver Letter of
Understanding shall not obligate the staff to recommend approval or denial of the
proposed LUD or FLUM Category.
You have requested that the Senior Director of Planning&Environmental Resources render such
a decision in relation to the subject property and allow you to submit FLUM and LUD
amendment applications without the required application fees.
The property has a FLUM designation of Residential Medium (R.M), a LUD designation of
Improved Subdivision(IS),and a tier designation of Tier 3.
You have requested a FLUM designation of Mixed Use / Commercial (MC) and a LUD
designation of either Suburban Commercial(SC)or Mixed Use(MU).
The property was within a BU-2 district(Medium Business)prior to 1986 when the property was
�e-designated IS.
Regarding the development and use of the existing building on the property:
There is no building permit on file for the existing building. According to the Monroe
County Property Appraiser's records, it was constructed in 1960.
In 1977, Building Permit #C3245 was issued to relocate a ground-mounted sign. In the
permit file,the business is identified as"R&R Marine fno.",a commercial retail use.
I
n 1982, Building Permit #C11551 was issued for new electric installation. On the
permit,the business is identified as"Upper Keys Coin Laundry',a commercial retail use.
In 1986, Building Permit #20794 was issued for the re-roofing of the existing building.
On the permit, the business is identified as a"coin laundry",a commercial retail use.
Addendum to June 27,2003 Letter of Understanding Page 2 of
After 1986, all subsequent permits indicate that the building was being utilized for
commercial retail use.
Me current regulations pertaining to permitted uses in the IS district do not allow a commercial
retail building. Furthermore, Policy 101.4.3 of the Monroe County Year 2010 Comprehensive
Plan, which describes permitted uses in the RM FLUM category, does not state that commercial
retail uses are allowed. Therefore, the existing commercial retail use is nonconforming to the
current provisions of the Monroe County Code and Comprehensive Plan.
However, as the building and its commercial retail use were approved and permitted prior to
1986, the existing use is considered a lawtW nonconforming use.
Resolution #127-2012 requires the property owner to provide satisfactory evidence that the
existing use on the site also existed lawfully in 1992 and was deemed nonconforming by final
adoption of the LUD map and/or the existing use on the site existed lawfully in 1997 and was
deemed nonconforming by final adoption of the FLUM. Following a review, Staff has
determined that the existing use existed lawfully in 1992 and was deemed nonconforming by the
final adoption of the LUD map. Staff has also determined that the existing use existed lawfully
in 1997 and was deemed nonconforming by the final adoption of the FLUM.
Resolution 1#127-2012 requires the applicant to apply for a LUD and/or FLUM designation(s)
that would eliminate the non-conforming use created with adoption of the existing designation(s)
and not create an adverse impact to the community. Following a review, Staff has determined
that the proposed FLUM category of MC and proposed LUD designations of SC or MU would
eliminate the nonconformity to use. Therefore, the proposed designations are acceptable;
however prior to application submittal, you must decide on whether to pursue an amendment to
SC or MU. Staff cannot make this decision. In addition, please be aware that Stag'is not
obligated to recommend approval of the proposed LUD or FLUM designations. Staff is required
to review the application on its merit and determine upon a full review that there shall not be an
adverse impact to the community and is consistent with the provisions of the Comprehensive
Plan and Monroe County Code.
In conclusion, Staff bas determined that your proposal qualifies for fee exemptions to the
"Comprehensive Plan, Future Land Use Map(FLUM)Amendment"of$5,531.00 and the"Land
Use District Map, Amendment—Nonresidential" fee of$4,929.00. You may submit a FLUM
-unendment and/or LUD amendment application without the submittal of the aforementioned
application fees. However, you are responsible for all other requirements, including the fees for
Advertising ($245.00 per application) and noticing ($3.00 per each surrounding property per
application).
In addition, please note that you are eligible for these fee waivers so long as such waivers are
permitted by the fee schedule. If the fee schedule is amended to remove such a provision in the
future, you may not be eligible to submit the application without such required application fees
afterwards.
Addendum to June 27,2003 letter of Understanding Page 3 of 4
Pursuant to MCC §110-3, you are entitled to rely upon the representations set forth in this letter
as accurate under the regulations currently in erect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
project will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. in addition,please submit a copy of your application to
Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department,2798 Overseas Highway,Suite 410,Marathon,FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
Of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
Si
s
an,Planning&Development Review Manager
for
Townsley Schwab,
Senior Director of Planning&Environmental Resources
CC: Mayte Santamaria,Assistant Director of Planning
,lddcndum to June 27,2003 Letter of Understanding Paige 4 of 4
OW 001 404< il.:-#a 3V'-;4L)40 rU4
at CMItz
waym Obde sbd ur,DU t
sutler mom�o Ten ? 5
vofct:(300)269.2500 CWts'90OW MACOY,DLOW. 3
FAX- (SOB)269-2536 Qarid P. i
$78 Sm=ftland Road
X07 LAMOI FL 3M7
of UndersWdIOV A JFrqosed Pet ra
awrised and Anwaded Plat of r 4,Uft 1-5,MRf Miarkw 104.9
8tt 's: .*311200.NOM M11210-000M 00511230.NMft
,tk t)tl►S11
Dear Mr.Moore,
This lem is to-a issues that mmse in a meeting that was held an Jum 12,2003,in the Plantaton Key
Flaming DqmtwnL
Ammidees of this meeting wwo John Moore to as "the applicant'l and]off Sbmcatd,
Senior Plenum(hareafter r 'to as the Growth MMpment Division).
Rem discussexi at the mee=&and flirther staff resumb box indicated that the followmg stamucals apply
*.D this project
1. The site it composed of$ve(5)ions, of which dxm(3) as vacm and om(2)have an existing
s (963 square fat)that is currendy bpasting a Lcrgv Coin
2. 'hie FOAA Flood Map(Panel#0 shows all of the property to be in the`X' flood zone.
3. The cwraitMonroe Calmly land Use District MAp indicates the parcel is Wased im dw improved
Subdivision(IS)land use dWrict,which allows residential uses"as of rigW. IU existing pas of
the propcM as a lawdromm is not'panitted mxkr the cumat 'lS` Under tha cunvat
rqWadoes,Was use would be allowed to canimuc operstioa as has been the cue for a mmxba of
yesM but would be comidwed a 9.5-143 of the Mcwm County Land
Tkvelopment RegWations ad&esses nmconfornoides as swed below:
• Re! ! A stmoure in which a nomodoming use is WAW may not be moved unless the
um dwreaft conforns to the limitations of the
• rig`in Use:A nanconfon3aing use shall not be chngod.unless the new use cocfb=to the
pro`isions of the
• E'xt : Noncoafbnmng uses shad-not be extended,enlarged,or occupy additional land.
Pass t of 2
Vol LV.&L L4.YJ �b:JM:J1U�lu.l •rj may, _w]c f Lf uL
'Me zpplicaat stated that he has no n-gUmtion of relocating or redeveloping dw muctare. He also
wrd his uudau ndiug that the strttctmm mttyy not be extended, enlarged, or occupy additional
land. R was conveyed to the appUcant that the addition of outside kennels of pew for the animals,
or a modification of &* stratum tit allow such provisions &eta the inside would constitute a
7iolation of this clarets. The arpplicW agreed to ruse interpretations and stated that the services
provided would be conduoted only within the straahue itself. The applicant's inteurtiom are to
;lave approximately 10 indoor"pens'for dogs and a separate room fbr a reception and groaning
Ura. A "caft use" was also shown to be located in diU portion of the maure. It is staffs
understanding that this was not izttentded as a brothel,but as an area for felines to board. Staffdoas
not view individual dog-walking on dw outside premises a violation of the abovaetaoed criteria
(occupying additions!ittoda).
'.Vitt that aa4 this propoW beaotm a question of whetftrr or not this is a ebangs of use. Staff
does not believe this to be the case since a change of use nnW involve a gream late Wty of t=far
the new proposal. It is sr WS opinion that the lntmsity well be,Iesa for a 1Qaur*zl that it is fbr rite
�xasttag laundromat.
4. -- existing b ming cu rrez*has several non-striped Pa*kmg areas that lave been sufficient for
the c>neat business at this location. Per Monroe County Code(MCC)panting requiremsab,three
(3)parktrtg spaces Per 1,000 squm foot of hoot area is required for the proposed use. Any fuduti
use of the site would be required to provide ant(I)huAcapped space with,appropdale siow
and striping.The area in front of tha stsuchtse already has a flat,paved surface with unobstructed
access into the building.
5. Any rrguests fix stgnage, or chafes to the existing signage would be handled through a separate
application and review. Arty applicable regulations within Sections 95-404 through 9.5-405 of the
Monroe Cotmty Laud Development Regulations would have to be adhered to if changes m stWOV
are petitioned
Pursvam to Section 9.5-43 of the Monroe CourAty Codo,you are to rely upon the represemtatione set:forth in
obis letter of understanding as acoumbe under the regulations curet ntly in effect However, the planning
Department aclmowledgm that all itett6s required as part of tha application fair development approval may
of have been addressed at the hate M M3 meeting, and consequently reserves the right for additional
deparamnt conm at
We trust that this iafortnaticm is of assistacm. If you have any questions regarding the content of this
:emw,or if we may be able to further assist Sou with your project,please feel free to contact our office at.
(305)289-2500.
Sinyr�ly,
imothy
Division G lbiauagemeat
Cc: Medea Conaway,Director of Pluming and Enviromnental Resumes
Ervin fitgga,Fropeny Apprwa w
off Strmcard,Senior Flow
Jerry Buckley,Planner
Niko Reisinger,Biologist
?age 2 of 2
Exhibit 3
MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 127 -2012
A RESOLUTION AMENDING RESOLUTION 169-2011, THE
PLANNING & ENVIRONMENTAL RESOURCES
DEPARTMENT FEE SCHEDULE; TO GENERALIZE THE
TITLE OF THE FEE FOR APPLICATIONS FOR EXTENSIONS
OF TIME AUTHORIZED BY STATE LEGISLATION; TO
EXEMPT MAP AMENDMENT FEES FOR PROPERTY
OWNERS WHO APPLY TO AMEND THEIR PROPERTIES'
LAND USE DISTRICT AND/OR FUTURE LAND USE MAP
DESIGNATIONS TO DESIGNATIONS THAT WOULD
ELIMINATE NONCONFORMI TIES TO USES THAT WERE
CREATED WHEN THE PROPERTIES WERE REZONED BY
THE COUNTY IN 1992 AND/OR PROVIDED A FUTURE
LAND USE MAP DESIGNATION IN 1997 UNDER CERTAIN
CONDITIONS; PROVIDING FOR A FEE FOR A LETTER OF
UNDERSTANDING FOR MAP AMENDMENT FEE
WAIVERS;AND TO REPEAL ANY OTHER FEE SCHEDULES
INCONSISTENT HEREWITH.
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner, and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services,thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services;and
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on-site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services; and
Planning&Environmental Resources Department Fee Schedule
Page 1 of 7
WHEREAS, the Board has discussed the need to adjust the fee schedule to
compensate the county for resources needed in excess of the fee estimates included in the
base fees; and
WHEREAS, applicants for development review should pay the cost of the
review,rather than those funds coming from other sources;and
WHEREAS, the Board of County Commissioners wishes to amend fees to
compensate for resources expended in applications for private development approvals;
and
WHEREAS, The Florida State Legislature is considering legislation which
allows for extensions of time for some development orders for which the fee is currently
$250.00,based on previous Senate and House bills;and
WHEREAS,in 1992, a revised series of zoning maps was approved(also known
as the Land Use District(LUD)maps) for all areas of the unincorporated county. These
maps depicted boundary determinations carried out between 1986 and 1988, depicted
parcel lines and were drawn at a more usable scale. Although signed in 1988, the LUD's
did not receive final approval until 1992. The Monroe County Land Development
Regulations, portions of which are adopted by Rule 28-20.021, F.A.C., and portions of
which are approved by the Department of Community Affairs in Chapter 9J-14, F.A.C.,
were amended effective August 12, 1992. The Land Use District Map was revised to
reflect the changes in this rule. The LUD maps remain the official zoning maps of
Monroe County; and
WHEREAS, in 1993, Monroe County adopted a set of Future Land Use Maps
(FLUM) pursuant to a joint stipulated settlement agreement and Sec. 163.3184 Florida
Statutes. The Ordinance #016-1993 memorialized the approval. This map series was
dated 1997. The 1997 FLUM remains the official future land use maps of Monroe
County; and
WHEREAS, since the adoption of the LUD maps and FLUM, the County has
discovered that several parcels with existing, lawful uses were assigned land use district
and future land use categories that deemed those uses nonconforming. In these instances,
the County created nonconformities to use without studying of the existing uses and the
impact of deeming those uses nonconforming. A remedy to existing property owners
would be to allow those property owners to apply for map amendments to designations
that would eliminate the nonconformities created by the County and not by the property
owner without the payment of a fee; and
WHEREAS, the County wishes to clarify that fees will be changed to private
applicants for traffic studies required or requested for not only map amendments,but for
text amendments submitted by private applicants;and
Planning&Environmental Resources Department Fee Schedule
Page 2 of 7
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 18,2012;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMIVIISSIONERS OF MONROE COUNTY FLORIDA:
S._
Pursuant to Section 102-19(9),the following schedule of fees to be charged by the
Growth Management Division for its services, including but not limited to the
filing of land development permit applications, land development approvals, land
development orders, and appeal applications, and requests for technical services
or official letters attesting to development rights recognized by the County shall
be implemented:
Administrative Appeals........................................................$1,500.00
Administrative Relief.......................................................$1,011.00
Alcoholic Beverage Special Use Permit.................................$1,264.00
Appeal ROGO or NROGO to BOCC....................................
$816.00
Beneficial Use............................................................... $4,490.00
Biological Site Visit(per visit)............................................$280.00
Biologist Fee(Miscellaneous-per hour)..................................$60.00
Boundary Determination................................................... $1,201.00
Comprehensive Plan,Text Amendment..................................
$5,531.00
Comprehensive Plan,Future Land Use Map(FLUM)Amendment. $5,531.00
Conditional Use,Major,New/Amendment..............................$10,014.00
Conditional Use,Minor,New/Amendment............................ $8,494.00
Conditional Use,Minor,Transfer Development Rights(TDR)........$1,239.00
Conditional Use,Minor,Transfer Nonresidential Floor Area(TRE)$1,944.00
Conditional Use,Minor,Transfer ROGO Exemption(TRE)..........$1,740.00
Conditional Use,Minor/Major,Minor Deviation...................... $1,768.00
Conditional Use,Minor/Major,Major Deviation....................... $3,500.00
Conditional Use,Minor/Major,Time Extension....................... $986.00
Department of Administrative Hearings(DOAH)Appeals............$816.00
Development Agreement...................................................$12,900.00
Development of Regional Impact(DRI)................................. $28,876.00
Dock Length Variance......................................................$1,026.00
Front Yard Setback Waiver,Administrative............................$1,248.00
Front Yard Setback Waiver,Planning Commission....................$1,608.00
Grant of Conservation Easement..........................................$269.00
Habitat Evaluation Index(per hour)......................................$60.00
Home Occupation Special Use Permit................................... $498.00
Inclusionary Housing Exemption.........................................$900.00
Land Development Code,Text Amendment........................... $5,041.00
Land Use District Map,Amendment—Nonresidential................. $4,929.00
Land Use District Map,Amendment—Residential.......................$4,131.00
Planning&Environmental Resources Department Fee Schedule
Page 3 of 7
Letter of Current Site Conditions..........................................$936.00
Letter of Development Rights Determination...........................$2,209.00
Letter of ROGO Exemption................................................$215.00
Letter of Understanding for LUD Map/FLUM Fee waiver ...........$250.00
NROGO Application.......................................................$774.00
Planning Fee(Miscellaneous-per hour)...................................$50.00
Parking Agreement..........................................................$1,013.00
Planning Site Visit..........................................................$129.00
Platting, 5 lots or less.......................................................$4,017.00
Platting, 6 lots or more......................................................$4,613.00
Pre-application with Letter of Understanding...........................$689.00
Pre-application with No Letter of Understanding..................... $296.00
Public Assembly Permit....................................................$149.00
Dog in Restaurant Permit...................................................$150.00
Research,permits and records(per hour)................................$50.00
RoadAbandonment.........................................................$1,533.00
ROODApplication.........................................................$748.00
ROGO Lot/Parcel Dedication Letter.....................................$236.00
Legislative Time Extension for Development Orders/Permits....... $250.00
Special Certificate of Appropriateness....................................$200.00
Tier Map Amendment—Other than IS/URM Platted Lot............. $4,131.00
Tier Map Amendment IS/URM Platted Lot Only.................... $1,600.00
Vacation Rental Permit(Initial)............................................$493.00
Vacation Rental(Renewal)................................................$100.00
Vacation Rental Manager License........................................$106.00
Variance,Planning Commission,Signage...............................$1,076.00
Variance,Planning Commission,Other than Signage..................$1,608.00
Variance,Administrative...................................................$1,248.00
Vested Rights Determination..............................................$2,248.00
Wetlands Delineation (per hour).......................................... $60.00
Growth Management applications may be subject to the following additional fees,
requirements or applicability:
1. For any application that requires a public hearing(s) and/or surrounding
property owner notification, advertising and/or notice fees; $245 for
newspaper advertisement and$3 per property owner notice.
2. There shall be no application or other fees, except advertising and noticing
fees, for affordable housing projects, except that all applicable fees shall be
charged for applications for all development approvals required for any
development under Sec. 130-161.1 of the Monroe County Code and for
applications for variances to setback, landscaping and/or off-street parking
regulations associated with an affordable housing development.
Planning&Environmental Resources Department Fee Schedule
Page 4 of 7
3. There shall be no application fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official LUD map
and/or the official FLUM, if the property owner can provide satisfactory
evidence that a currently existing use on the site that also existed lawfully in
1992 was deemed nonconforming by final adoption of the LUD map and/or a
currently existing use on the site that also existed lawfully on the site in 1997
was deemed nonconforming by final adoption of the FLUM. To qualify for
the fee exemption, the applicant must apply for a LUD and/or FLUM
designation(s) that would eliminate the non-conforming use created with
adoption of the existing designation(s) and not create an adverse impact to the
community. Prior to submittal of a map amendment application,the applicant
must provide the evidence supporting the change and application for a fee
exemption with the proposed LUD map/FLUM designations to the Monroe
County Planning & Environmental Resources Department as part of an
application for a Letter of Understanding. Following a review,the Director of
Planning & Environmental Resources shall determine if the information and
evidence is sufficient, and whether the proposed LUD map and/or FLUM
designations are acceptable for the fee waiver, and approve or deny the fee
exemption request. This fee waiver Letter of Understanding shall not obligate
the staff to recommend approval or denial of the proposed LUD or FLUM
Category.
4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and
expenses of any hearing officer. The County is currently charged$144.00 per
hour by Department of Administrative Hearings (DOAH). If the fee charged
to the County is increased, the charge will change proportionately. An
estimated amount of one-half of the hearing officer costs as determined by the
County Attorney shall be deposited by the applicant along with the application
fee, and shall be returned to the applicant if unused.
5. Base fees listed above include a minimum of (when applicable) two internal
staff meetings with applicants; one Development Review Committee meeting,
one Planning Commission public hearing; and one Board of County
Commission public hearing. If this minimum number of meetings/hearings is
exceeded, the following fees shall be charged and paid prior to the private
development application proceeding through public hearings:
a. Additional internal staff meeting with applicant $500.00
b. Additional Development Review Committee public hearing$600.00
c. Additional Planning Commission public hearing $700.00
d. Additional Board of County Commissioners public hearing$850.00
The Director of Growth Management or designee shall assure these additional
fees are paid prior to hearing scheduling. These fees apply to all applications
filed after September 15,2010.
Planning&Environmental Resources Department Fee Schedule
Page 5 of 7
6. Applicants for Administrative Appeal, who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
7. Concerning the application fees to amend the tier maps, the lesser application
fee of $1,600.00 is only available for applications to amend the tier
designation of a single URM or IS platted lot. It may not be used to amend
the designation of more than one parcel.
8. Applicants for any processes listed above that are required to provide
transportation studies related to their development impacts shall be required to
deposit a fee of$5,000 into an escrow account to cover the cost of experts
hired by the Growth Management Division to review the transportation and
other related studies submitted by the applicant as part of the development
review process or any text amendment submitted by a private applicant. Any
unused funds deposited by the applicant will be returned upon permit
approval. Monroe County shall obtain an estimate from the consultant they
intend to hire to review the transportation study for accuracy and methodology
and if the cost for the review on behalf of Monroe County is higher than the
$5000, applicant shall remit the estimated amount. Any unused funds
deposited by the applicant will be returned upon permit approval.
Section 2.
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
Section 3.
The Clerk of the Board is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Planning&Environmental Resources Department Fee Schedule
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18thday of April ,2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yrs
Commissioner George Neugent Yes
OUNTY BOARD OF COUNTY COMNIISSIONERS
23
L. KOLHAGE, CLERK
By
Clerk Mayor David Rice
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C` C') MONR E UNTY ATTORNEY
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Planning&Environmental Resources Department Fee Schedule
Page 7 of 7
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Exhibit 5
I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO.132,2a13
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) FOR
PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY,KEY LARGO,LOTS
1-5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80
OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS 00511220-000000, 00511220-000100, AND 00511220-
000101.
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WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and
comment of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as
described above;and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for adoption of the
R
proposed future land use map amendment.
Section 2. The Monroe County staff is given authority to prepare and submit the required E
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
P. 1 of 2
i
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting held on the 18th day of April,2013.
Mayor George Neugent Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
Commissioner Danny Kolhage Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
a
BY r[• •t.�••
Mayor George Neugent
(SEAL)
A 'iEST:Amy Heavilin, Clerk
Deputy Clerk
MONA E CO ATTORNEY'
APP VE A5 0 FOP'
Date:
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P.2 of 2
Exhibit 6
J
Rick Scott .
GOVERNOR DE,"z`" esse Panuccio
_ EXECUTIVE DIRECTOR
FLORIDA DEPARTMENTo9'
ECONOMIC OPPORTUNnY
July 2, 2013
The Honourable George Neugent
Mayor, Monroe County Board of County Commissioners
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Nuegent:
The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for Monroe County(Amendment No. 13-2 ACSC), which was
received and determined complete on May 3, 2013. We have reviewed the proposed
amendment in accordance with the state coordinated review process set forth in Sections
163.3184(2) and (4), Florida Statutes (F.S.),for compliance with Chapter 163, Part 11, F.S.
Review comments received by the Department from the appropriate reviewing agencies are
also enclosed.
The attached Objections, Recommendations, and Comments Report outlines our
findings concerning the amendment. We have identified three objections and have included
recommendations regarding measures that can be taken to address the objections.
The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the
second public hearing is not held and the amendment adopted within 180 days of your receipt
of the Department of Economic Opportunity report,the amendment shall be deemed
withdrawn unless extended by agreement with notice to the Department of Economic
Opportunity and any affected party that provided comment on the amendment. For your
assistance, we have enclosed the procedures for final adoption and transmittal of the
comprehensive plan amendment.
f"lorida Departmcnt of Economic Opportunity Caldwell Building 107) . Madison Street "Tallahassee, F1,32399
866.F)r,%.2345 850.245.7105 8509213223 Fax
www tloridaio s or. www.twittcr nrrn/F7 DHQ www.faccbnok.cum!1'1l)FC�
Mayor George Neugent
July 2, 2413
Page 2of2
If you have any questions related to this review, please contact Robin Branda at (850)
717-8495, or by email at Robin.Branda@deo.myflorida.com.
Sincerely,
Q6
'tt
William B. Killiworth
Director, Division of Community Development
W BK/rsb
Enclosures: Objections, Recommendations, and Comments Report
Procedures for Adoption
Agency Comments
cc: Christine Hurley, Growth Management Director
Mr. lames F. Murley, Executive Director,South Florida Regional Planning Council
OBJECTIONS,RECOMMENDATIONS,AND COMMENTS REPORT
FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT
(DEO NO. 13-2,ACSC)
1. Consistency with Chapter 163, Part II, and Chapter 380, Part 1
Objection 1: Amendment 134-2013 represents a 49.40 acre site located within Tier III on Stock
Island within the Military Installation Area of Influence. Monroe County has proposed a land
use change for a combination of 18 lots from Industrial to Mixed Use Commercial. If adopted,
the intensity of development of a maximum of 1,291,118 square feet of retail would remain the
same while the density could increase from the present allowance of 49 residential dwelling units
to a proposed density of 481 transient rooms/spaces, according to the data and analysis submitted
with the proposal. Approximately 80%of the site is located within the 65 to 69 noise contour
with about 20% being in the 70 to 74 contour of the 2007 Noise Study conducted by the Naval
Air Station—Key West(NAS-KW) (Figure 4-3).
In a letter regarding this amendment, the NAS-KW requested that transient and residential uses
not be allowed in areas located within the 65 Day-Night Average Sound Level(DNL) and higher
(as proposed in the amendment), and strongly objects to residential and transient uses in the 70 to
74 DNL.
Further, in the May 2,2011 "Department of Defense Instruction"manual with regard to its Air
Installation Compatibility Use Zones (AICUZ), the following notes occur with regard to
transient and residential development within noise zones:
a. Although local conditions regarding the need for housing may require residential uses in
these zones, residential use is discouraged in DNL 65-69 and strongly discouraged in
DNL 70-74. The absence of viable alternative development options should be
determined and an evaluation should be conducted locally prior to local approvals
indicating that a demonstrated community need for the residential use would not be met if
development were prohibited in these zones. Existing residential development is
considered a pre-existing,non-conforming land use.
b. Where the community determines that these uses must be allowed, measures to achieve
outdoor to indoor Noise Level Reduction(NLR) of at Ieast 25 decibels (dB) in DNL 65-
69 and 30 dB in DNL 70-74 should be incorporated into building codes and be
considered in individual approvals; for transient housing, an NLR of at least 35 dB
should be incorporated in DNL 75-79.
c. Normal permanent construction can be expected to provide an NLR of 20 dB, thus the
reduction requirements are often stated as 5, 10, or 15 dB over standard construction and
normally assume mechanical ventilation, upgraded sound transmission class ratings in
windows and doors, and closed windows year round. Additional consideration should be
given to modifying NLR levels based on peak noise levels or vibrations.
d. NLR criteria will not eliminate outdoor noise problems. However,building location, site
planning, design, and use of berm and barriers can help mitigate outdoor noise exposure
particularly from ground level sources. Measures that reduce noise at a site should be
used wherever practical in preference to measures that only protect interior spaces.
The County has not demonstrated that there are no viable alternative development options and
that there is a need for the proposed increase in development density at this site.
Additionally, the NAS-KW states that the Navy is utilizing the 2007 AICUZ and that the more
recent Environmental Impact Statement(EIS)noise contours are in draft form and therefore not
acceptable at this time. The recent EIS study depicts the parcel as being within a lower noise
contour, one in which the transient development would be acceptable with noise attenuation and
landscaped berm on the outside of the property.
For the reasons cited above, the Department objects to the proposal because the change will
exacerbate the incompatibility issues that already exist. The proposed change is also inconsistent
with the Principles for Guiding Development that require that proposed amendments must be
consistent with protection of the value of public investments in the Florida Keys,including
Naval Air Station- Key West.
Authority: Section 163.3175(l), 163.3177(I)(02; 163.3177(4); 163.3177(6)(a)f; and
380.0552(7)(a) and (h)4., Florida Statutes(F.S).
Recommendation:
The Department of Economic Opportunity recommends that the County coordinate with the
NAS-KW in addressing the issues of noise contour compatibility. The noise concerns should be
addressed and mitigation measures to modify noise impacts may be developed through
coordination among the two government entities. Data and analysis should be submitted
indicating that there are no viable alternative development options and that there is a need for the
proposed increase in development density at this site.
Alternatively, the County may wish to delete the 481 rooms/spaces from the amendment and
retain/create a Commercial or Industrial designation. The applicant may consider delaying
adoption of the proposed amendment until the 2012 EIS DNL Map is adopted by the military,
and provide noise attenuation and outside landscaped berms, as requested by the Department of
the Navy.
Objection 2: Amendment 132-2013 represents a 0.34 acre site located in Key Largo and
proposes a change from Residential Medium(RM) to Mixed Use/Commercial (MC). The site is
Iocated in a suburban area and has a Tier III designation. The data and analysis submitted with
amendment indicates that, if adopted, the Iand use change could increase densities and intensities
of development by a total of four maximum net dwelling units, five allocated transient
rooms/spaces, six maximum net transient rooms/spaces, and 6,678 square feet of non-residential
development.
Amendment 133-2013 represents a 0.31 acre site located in a suburban and commercial area of
Key Largo and is within a Tier III designation. According to the data and analysis submitted
with the proposal, the site is presently partially developed with a commercial establishment. The
County seeks to change the land use designation from RIM to MC. If the change is adopted,
densities and intensities of development could increase by a total of four maximum net dwelling
units, four transient allocated rooms/spaces, and six transient net rooms/spaces, and 6,067 square
feet of non-residential uses.
Amendments 132-2013 and 133-2013 are inconsistent with Policy 101.4.20 of the Monroe
County Comprehensive plan which states, in part,"In order to implement the Florida Keys
Carrying Capacity Study, Monroe County shall promote the reduction of overall County density
and intensity..." Moreover, the FLUM amendments have not included the needs analysis
required by the comprehensive plan in response to the Administration Commission's Work
Tasks as outlined in the Commission's 30-day Report (28-20.140(5)(a)9.,Florida Administrative
Code. Both the policy and Work Plan were designed to discourage increases in density and
intensity of development relative to hurricane evacuation and wildlife preservation. The
proposed increase in residential density on these sites only serve to exacerbate the hurricane
evacuation clearance time and increases the subsequent exposure to takings claims.
Authority: Section 163.3177(4); 380.0552(7) (a), F.S., and Chapter 28-20.140(5)(a)9, Florida
Administrative Code(F.A.C.)
Recommendation
The County should not adopt the amendments as submitted. In order to reduce the densities of
development on the proposed FLUM,the County should change the residential land uses to
Commercial designations instead of the MC proposals,thereby disallowing further density
increases.
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4),Florida Statutes
May 2011
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all
comprehensive plan materials, of which one complete paper copy and two complete electronic
copies on CD ROM in Portable Document Format(PDF) to the Department of Economic
Opportunity and one copy to each entity below that provided timely comments to the local
government:the appropriate Regional Planning Council;Water Management District;
Department of Transportation; Department of Environmental Protection; Department of State;
the appropriate county(municipal amendments only);the Florida Fish and Wildlife Conservation
Commission and the Department of Agriculture and Consumer Services(county plan
amendments only);and the Department of Education (amendments relating to public schools);
and for certain local governments,the appropriate military installation and any other local
government or governmental agency that has filed a written request.
SUBMITTAL LETTER:Please include the following information in the cover letter transmitting the
adopted amendment:
Department of Economic Opportunity identification number for adopted amendment
package;
Summary description of the adoption package,including any amendments proposed but
not adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s)has been submitted to all parties that
provided timely comments to the local government;
Name, title, address,telephone, FAX number and e-mail address of local government
contact;
Letter signed by the chief elected official or the person designated by the local
government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the
amendment package:
Effective:June 2, 2011 (Updated March 11, 201-3) 1.
_ In the case of text amendments, changes should be shown in strike-through/underline
format;
In the case of future land use map amendment, an adopted future land use map, in
color format,clearly depicting the parcel, its existing future land use designation,and its
adopted designation;
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional
data and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be the date the Department of Economic Opportunity posts a notice of intent
determing that this amendment is in compliance. If timely challenged, or if the state
land planning agency issues a notice of intent determining that this amendment is not in
compliance,this amendment shall become effective on the date the state land planning
agency or the Administration Commission enters a final order determining this adopted
amendment to be in compliance. No development orders, development permits, or
land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration
Commission, this amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status, a copy of which resolution shall be sent to the
Department of Economic Opportunity.
List of additional changes made in the adopted amendment that the Department of
Economic Opportunity did not previously review;
List of findings of the local governing body,if any,that were not included in the ordinance
and which provided the basis of the adoption or determination not to adopt the proposed
amendment;
Statement indicating the relationship of the additional changes not previously reviewed
by the Department of Economic Opportunity to the ORC report from the Department of
Economic Opportunity.
Effective:June 2,201?.(Updated March 11.2013)
DEPARTMENT OF THE NAVY''
NAVAL AIR STATION
PO BOX owl
KEY WEST PC.3304n9pOi
Ser NO2/ 396
31 May 13
Mr. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Economic Opportunity
107 E. Madison Street
Tallahassee, FL 32399
SUBJECT: MONROE COUNTY 13-2ACSC COMMENTS FOR PROPOSED
COMPREHENSIVE PLAN AMENDMENT
This letter is prepared in response to Proposed Amendment 13-1
to the Monroe County Year 2010 Comprehensive Plan
Naval Air Station Key West is in objection to Resolution 133-
2013, transmitting an ordinance amending the Future Land Use Map
from Industrial (I) to Mixed Use/Commercial (MC) for 18 parcels
located on South Stock Island. Our comments to the Monroe County
Board of County Commissioners (BOCC) are forwarded as enclosure
(1) , and address our concerns.
Specifically, Naval Air Station Key West requests that
transient and residential uses not be allowed in areas located
within 65 DNL and higher, as proposed in the amendment. We look
forward to working with Monroe County and the Florida Department of
Economic Opportunity on this mission-critical issue.
If you have any questions or require additional information,
please contact my Business Manager, Mr. Ronald Demes. He can be
reached at (305) 293-2488 or via e-mail: ron.demesenavy.mil, or
Community Planning and Liaison Officer, Ms. Ashley Monnier at (305)
293-2633 or via e-mail: ashley.monnierOnavv mil,
Sincerely,
P. A. FERE
Capt -�n., U.S. Navy
Commanding Officer
Enclosure: 1. NASKW Comments Special Meeting 4-18-13
2. May 6, 2013 DEO Memorandum
Cagy to: Rebecca Jetton, Administrator Areas of Critical State
Concern
Christine Hurley, Director, Monroe County Growth
Management Division
Naval Air Station Key West Comments
Monroe County Board of County Commissioners
Special Meeting April 18,2013
Agenda Item B.3.
A public hearing to consider a resolution to transmit to the State Land Planning
Agency a proposed ordinance by the Monroe County Board of County Commissioners
amending the Future Land Use Map from Industrial (1)to Mixed Use/Commercial(MC)for
18 parcels on Stock Island,having real estate numbers 00123660-000000, 00123720-
000400,00123760-000200,00123720-000100,00123720-000200,00123730-000100,
00123740-000000, 00123770-000000,00127290-000000, 00127380-000000,00127250-
000000, 00127280-000000,00123600-M100,00123600-000102,00123600-000101,
00123590-000000,00I23570-000000,and 00123540-000000, located on South Stock
Island.
Naval Air Station Key West (NASKW) has reviewed the proposed Future Land Use Map
amendment modifying 18 parcels on Stock Island from Industrial to Mixed Use/Commercial.
Issues that have been discussed on record at Development Review Committee and Planning
Commission meetings are summarized as follows, and remain to be critical issues for your
consideration at this transmittal hearing;
(I.)The Navy uses the 2007 Air Installations Compatible Use Zones(AICUZ)noise contours
as the basis for this analysis. The proposed Environmental Impact Statement(EIS) noise
contours are draft; not yet accepted, and therefore should not be used as a bs f
as or
analysis.
(2.) The Navy interprets residential and transient residential use proposals within high noise
zones to be incompatible development, based on the 2007 AICUZ, Table 6-2 Suggested
Land Compatibility in Noise Zones (Exhibit 6 of the BOCC transmittal package).
Specifically, Housing Units and Transient lodging within the 65 DNL are respectively
Iisted as not being compatible(Nt=No with Exceptions).The superscript of 1 states:
a Although local conditions regarding the need for housing may require residential use in
these Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in
70-74. The absence of viable alternative development options should be determined and
an evaluation should be conducted locally prior to local approvals indicating that a
demonstrated community need for the residential use would not be met if development
were prohibited in these Zones.
b. Inhere the community determines that these uses must be allowed measures to achieve
and outdoor to indoor Noise Level Reduction(NLR)of at least 25 dB in DNL 65-b9 and
NLR of 30 dB in DNL 70-74 should be incorporated into building codes and be in
individual approvals; for transient housmg.a NLR of at least 3S dB should be
incorporated in DNL 75-79.
c, Normal permanent construction can be expected to provide a NLR of 20 d$, thus the
reduction requirements are often stated as 5, 10, or 15 dB over standard construction
and normally assume mechanical ventilation, upgraded Sound Transmission Class (ST C)
ratings in windows and doors and closed windows year round. Additional"consideration
should be given to modifying NLR levels based on peak noise levels or vibrations-
Enclosure (1)
d NLR criteria will not eliminate outdoor noise problems. However, building location and
site planning, design and use of berms and barriers can help mitigate outdoor noise
exposure NLR particularly from ground level sources. Measures that reduce noise at a
site should be used wherever practical in preference to measures that only protect
interior spaces.
(3.)Chapter 380.0552 (7) of the Florida Statutes requires any amendments to Florida Keys
area comprehensive plans to be consistent with the principles for guiding development,
inclusive of provisions for protecting the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major investments, including Key West Naval
Air Station and other military facilities. It is the position of NASKW that the Future Land
Use Map amendment, as proposed, is not consistent with this provision.
(4.)Chapter 163.3177 (6) (a) 2. of the Florida Statutes provides that future land use plan
amendments shall be based upon surveys, studies, and data regarding the area, as
applicable, including the compatibility of uses on lands adjacent to or closely proximate
to military installations. It is the position of NASKW that the Future Land Use Map
amendment,as proposed, does not include adequate provisions regarding compatibility of
uses on lands adjacent to or closely proximate to military installations.
NASKW requests that transient and residential use entitlements not be allowed within areas
located in 65 DNL or higher. It is also important to consider the noise impacts f r exterior uses,
as well as the impracticality of noise attenuation for uses, such as vessels. NASKW looks o
forward to continuing this dialogue to resolve this extremely important issue, critical to mission
sustainability.
2 Enclosure (1�
OFFICE OF THE COMMISSIONER THE CAPITOL
(850)6�7-7700 400 SOUTH MONROE STREET
TALLAHAMEE,FLORIDA 32399-0800
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
May 31,2013
VIA EMAIL(santamaria-mayte@monroecounty-fl.gov) VIA EMAIL(DCPExternalAgencyComments@dca.state.fl.us)
Monroe County Growth Management Division Florida Department of Economic Opportunity
Attn: Mayte Santamaria State Land Planning Agency
2798 Overseas Highway Suite#400 Attn: Ray Eubanks
Marathon,Florida 33050 2555 Shumard Oak Blvd.
Tallahassee,Florida 32311
Re: DACS Docket#—20130502-235
Monroe County Resolution 132-2013, 133-2013
Submission dated April 6,2013
Dear Ms.Santamaria:
The Florida Department of Agriculture and Consumer Services(the "Department")received the above-
referenced proposed comprehensive plan amendment on May 2,2013 and has reviewed it pursuant to
the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important
state resources or facilities related to agricultural,aquacultural,or forestry resources in Florida if the
proposed amendment(s)are adopted. Based on our review of your county's submission,the
Department has no comment on the proposal.
If we may be of further assistance, please do not hesitate to contact me at 850-410-2287.
Sincerely,
lir-
Reid Cunningham
Senior Management Analyst
Office of Policy and Budget
cc: Florida Department of Economic Opportunity
(SLPA#: Monroe County 13-2 ACSC)
T-800-HELPFLA Fl a. www.FreshFromF]orida.com
Florida Department o,f'Transportation
RICK O 1000 NW 111 Avenue ANANTH"PRASAD,P.E.
GOVERNOR Miami, Florida 33172-5800 SECRETARY
May 28, 2013 /` 0111
Ray Eubanks, Plan Processing Administrator
Department of Economic Opportunity
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 180
Tallahassee, Florida 32399
Subject: Comments for the Proposed Comprehensive Plan Amendment,
Monroe County#13-2ACSC
Dear Mr. Eubanks:
The Florida Department of Transportation, District Six, completed a review of the
Proposed Comprehensive Pian Amendment, Monroe County #13-2ACSC. The
District has reviewed the amendment package per Chapter 163 Florlde Statutes and
has found no impacts to transportation resources and facilities of state importance.
Please contact Ken Jeffries at 305-470-5445 if you have any questions
concerning our response.
Sincerely,
Phil Steinmiller
District Planning Manager
Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6
Aileen Boucle, AICP, Florida Department of Transportation, District 6
Mayte Santarnaria, Monroe County
www,dot.state.ff.us
South
Florida
F�egional
Planning
Council
MEMORANDUM
AGENDA ITEM AILD
DATE: JUNE 3,2013
TO: COUNCIL MEMBERS
FROM: STAFF
SUBJECT: LOCAL GOVERNMENT COMPRlRiENSIVE PLAN PROPOSED AND ADOPTED
AMENDMENT CONSENT AGENDA
Pursuant to Section 163.3184, Florida Statutes, Count review of amendments to local government
comprehensive plans is limited to 1)adverse effects on regional resources and facilities identified in the
Strategic Regional Policy Punt for South Florida (SRPP) and 2) extraprisdkttonal impacts that would be
mconsistent with the comprehensive plan of any affected local government within the Region.
A written report containing an evaluation of these impacts,pursuant to Section 163.3184,Florida Statutes,
is to be provided to the local government and the State Land Planning Agency within 30 calendar days of
receipt of the amendment.
Staff analysis confirms that the proposed and/or adopted amendments identified in the Table below are
generally consistent with and supportive of the Goals and Policies of the SRPP.Attached are the separate
amendment review forms that will be sent to the local government and State Land Planning Agency.
Exhibit A, attached,is a general location map of those amendments listed below that includes a Future
Land Use Map amendment.
Miami-Dade County,
v
#13-2ESR N/A 1 N/A April 2,2013 12-0
Monroe Couxtty
#73-2ACSC N/A 2 N/A April 18,2013 5-0
Parkland N/A-- -FN/A L3 March s e2013 nt
#13-lESR Consistent March 6,2013 3-0
Recommendation
Find the proposed and adopted plan amendments from the local governments of Miami-Dade County,
Monroe County and Parkland generally consistent with the Strategic Regional Policy Ptah for South
.Florida- Approve this report for transmittal to the local governments with a copy to the State Land
Planning Agency.
3440 Hollywood Boulevard,Suite 140,Hollywood,Florida 33021
Broward(954)985-4416,State(800)985.4416
FAX(91M)985-4417,e-mail:sfadmin@sftpc.com,website:www.s€rpc.com
Exhibit A
Future lurid Use p(FLUK Amendments
for the June 3,2013 Council Meeting
'General location Map
7.
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c.
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Attachment 2
FLORIDA REGIONAL COUNCILS ASSOCIATION
LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 02
South Florida.Regional Planning Council Agenda Item and Date: M.D;June 3,2013.
Local Government Amendment Number: Monroe County proposed#13-2ACSC
Date Comments due to State Land Planning Agency: June 2,2013.
Date Mailed to Local Government and State Land Planning Agency: Prior to June 2,2013,with final Council
Action on June 3,2013.
Pursuant to Section 163.3284, Florida Statutes, Council review of amendments to local government comprehensive
plans is limited to adverse effects on regional resources and friciIities identified in the Strategic Regional Policy Plan for
South Florida (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any
affected local government within the region. A written report containing an evaluation of these impacts,pursuant to
Section 163.3184,Florida Statutes,is to be provided to the local government and the state land planning agency within
30 calendar days of receipt of the amendment.
DESCRIPTION OF AMENDMENT
The proposed amendment package contains three amendments to the County's Future Land Use Map
described below.
County Amendment Resolution 132?-2013(Riviera Village,Key Largo)
This map amendment would change approximately 0.34 acres (three parcels) of land from Residential
Medium to Mixed Use/Commercial,at 10498 Overseas Highway,near Mile Marker 105 in Key Largo. The
property is developed land with a Tier III designation,no endangered or threatened species,and home to a
960-square foot pet boarding and grooming business dating as far back as 1997- No residential uses are
within the subject property. Adjacent land uses consist of vacant to the north,residential to the south and
east, and commercial to the west The intent of the amendment is to eliminate the nonconformity to the
existing use.
County Amendment Resolution 133-2013(Rock Harbor Estates,Key Largo)
This map amendment would change an approximately 0.97-acre parcel from Residential Medium to Mixed
Use/Commercial located at 98175 Overseas Highway,near Mile Marker 98, in Key Largo. The property is
developed land with a Tier III designation,no endangered or threatened species,and home to a veterinary
clinic/animal hospital in an existing two-story 3,695-square foot building The property has been used as
retail and commercial dating back as far as 1977. No residential uses are within the subject property.
Adjacent land uses consist of a day care center to the south, residential to the north and west, and U.S. 1
right-of-way to the east The intent of the amendment is to eliminate the nonconformity to the existing use.
County Amendment Resolution 134-2013(South Stock Island)
This snap amendment would change the land use designations for 18 parcels of land(total of 51.5 acres)from
Industrial to Mixed Use/Commercial located near Mile Marker 5 on.South Stock Island. All the properties
are developed land with a Tier III designation and no endangered or threatened species. The surrounding
areas include a mix of uses from commercial, office, industrial, service and repair, storage, warehouse,
restaurants, residential, public utility, commercial fishing and recreation. The proposed cumulative
development potential would be 49 residential units, 481 transient units, or 1.3 million square feet of non-
residential use. The change would not affect residential or non-residential uses but allow for transient units.
Upon inquiry,County staff informed that any transient units would have to be purchased from the existing
Pool of transient units from other areas of the Keys.
In late 2012, the Monroe County Board of County Commissioners adopted Ordinance 032-2012, amending
the Comprehensive Plan to assign Maritime Industries (NII)Zoning District to the Mixed Use/Commercial
Future Land Use Map category, including provisions to preserve and promote working waterfront uses. If
the proposed change were adopted,all properties would be subject to said provisions,such as maintaining a
Minimum of 35% of the upland area for waterfront and wafter dependent uses and limiting residential units
to commercial apartments or employee housing.
Council staff has not identified adverse effects to regional resources and facilities or extrajurisdictional
impacts that would result from the map amendments.
I. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED
IN THE STRATEGIC REGIONAL POLICY PLAN.
Not Applicable.
2. EXTRA)URISDICTIONAL HvWACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS OF
LOCAL GOVERNMENTS WITHIN THE REGION.
Not Applicable.
Exhibit
Harve—Mitch
From: Santamaria-Mayte
Sent: Wednesday,July 10, 2013 2:05 PM
Harvey-Mitch; Hurley-Christine
Subject: FW: comp plan ORC
FYI
From: Jetton, Rebecca [mailto:Rebecca.Jetton@deo.myFlorida.com]
Sent: Wednesday, July 10, 2013 2:03 PM
To: Santamaria-Mayte
Cc: Branda, Robin S
Subject: comp plan ORC
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Rebecca Jetton
(850)717-8494
(850)766-7822 (cell)
This email communication may contain confidential information protected from � ��
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