Item B1
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~Y
Meeting Date: June 2. 2009 Division: Growth Management
Bulk Item: Yes - No X- Department: Plannine: & Environmental Resource
Staff Contact: Andrew O. Trivette. Growth Management Director
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County Board of County Commissioners
approving the request by Sievers Marine, Inc., to amend the Future Land Use Map (FLUM) designation
from Residential Medium (RM) to Mixed Use / Commercial (MC) for property legally described as Block
1 Lot 11) Lot 12 And Lot 13 Ocean Isle Est PB5-14 Key Largo, Monroe County, having Real Estate
Numbers 00538170-000000, 00538180-000000 AND 00538190-000000.
ITEM BACKGROUND:
This item is part of the 09-01 Monroe County Comprehensive Plan Amendment package. The package
was transmitted to the DCA in January. Staff received the Department's Objections, Recommendations
and Comments report for the package. The DCA provided no objections, recommendations or comments
regarding this item.
The Planning Commission held a public hearing in Marathon on November 18, 2008 and based on the facts
presented at the meeting, the Planning Commission recommended approval of the Future Land Use Map
amendment application to the Board of County Commissioners.
PREVIOUS RELEVANT COMMISSION ACTION:
On January 29, 2009, the BOCC aPProved transmittal of a resolution to the DCA at the request of Sievers
Marine, Inc., proposing an ordinance to amend the subject property's Future Land Use Map (FLUM)
designation from Residential Medium (RM) to Mixed Use / Commercial (MC).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A BUDGETED: Yes - No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes - No N/A AMOUNT PER MONTH: N/A Year
-
APPROVED BY: County Attorney _ OMB / Purchasing_ Risk Management ___
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM # ~.:i
BOCC ORDINANCE
Sievers Marine, Inc. DOCC Adoption Hearing June 2, 2009 P. 20f6
ORDINANCE NO. -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY SIEVERS MARINE, INC. TO AMEND THE FUTURE
LAND USE MAP (FLUM) DESIGNATION FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY
DESCRIBED AS BLOCK 1 LOT 11, LOT 12 AND LOT 13
OCEAN ISLE EST PB5-14 KEY LARGO, MONROE COUNTY,
FLORIDA HA VING REAL ESTATE NUMBERS
00538170.000000, 00538180.000000 AND 00538190.000000;
PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, during a special public meeting held on January 29, 2009, the Monroe
County Board of County Commissioners conducted a review and consideration of a request filed
by W. F. McCain and Associates, on behalf of Sievers Marine, Inc., to amend the subject
property's Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
Use / Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and Monroe County Code; and
WHEREAS, the BOCC voted to transmit the proposed FLUM amendment to the Florida
Department of Community Affairs on January 26, 2009; and
WHEREAS, the subject property is located at Mile Marker 106, Key Largo, Florida and
is legally described as Block 1, Lot 11, Lot 12 and Lot 13 Ocean Isle Est, Key Largo, Florida
having Real Estate Numbers 00538170-000000, 00538180-000000 AND 00538190-000000; and
WHEREAS, in the map amendment application to the Planning & Environmental
Resources Department, received November 19, 2007 the Applicant requested that the Future
Land Use Map (FLUM) designation of three (3) parcels identified as Real Estate Numbers
00538170-000000, 00538180-000000 and 00538190-000000.
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
Sievers Marine, Inc. BOCC Adoption Hearing June 2, 2009 P. 30f6
1. The proposed area is cleared and scarified and will not significantly affect natural
resources.
2. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Goal 101 which manages future growth to enhance the quality of
life.
3. The proposed FLUM amendment is consistent with Objective 101.4 which maintains the
community characters and protects natural resources by regulating future development
and redevelopment.
4. The proposed FLUM amendment is consistent with Policy 101.4.5 which establishes the
Mixed Use / Commercial FLUM criteria.
5. The proposed FLUM amendment is consistent with Goal 105 which implements smart
growth policies and recognizes the, finite capacity for new development without
compromising the natural environment and directs development into Tier III lands.
6. Staff has determined that the proposed map amendment is in accordance with MCC
Section 102-158(d)(5)b(i) changed projections and (vi) recognition of a need for
additional detail or comprehensiveness.
7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle.
8. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character. Staff has determined the proposed future land
use map designation to Mixed Use / Commercial (MC) will not adversely change
community character.
9. Local roads are already in place and have been well maintained.
10. Effects on natural resources are not anticipated. The area is scarified.
11. The proposed FLUM amendment will encourage commercial development to remain on
disturbed lands rather than encroaching on environmentally sensitive area.
12. The 2008 US 1 Arterial Travel Time and Delay Study for Monroe County indicates a
Level of Service (LOS) of "A" in Key Largo (MM 99.5 to MM 106). The LOS of"E" for
Cross Key (MM 106 to MM 112.5) is due to on-going construction along the Cross Key
segment.
13. The FLUM amendment may affect solid waste. Monroe County has a haul out contract
through September 20,2016 which provides the capacity to remove any solid waste.
Sievers Marine, Inc. BOCC Adoption Hearing June 2, 2009 P. 40f6
14. The 100 gallons per person per day of potable water is commonly accepted as appropriate
and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
15. MCC Section 114-4 requires that all developments retain stonnwater on site following
Best Management Practices (BMP's).
16. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
encourage infill development to remain on already existing developed land.
17. The proposed FLUM amendment is consistent with the Goals, Objectives and Policies of
the Key Largo Livable CommuniKeys Plans Goall, Goal 6 and GoallO.
WHEREAS, Planning and Environmental Resources Department Staffhas found that all
of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 18, 2008 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described Property, which is currently designated Residential Medium
(RM) shall be designated Mixed Use / Commercial (MC) as shown on the attached maps, which
are hereby incorporated by reference and attached as Exhibits 1 and 2.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
SIGNATURE PAGE TO FOLLOW
Sievers Marine. Inc. DOCC Adoption Hearing June 2, 2009 P. Sof6
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Sievers Marine, Inc. DOCC Adoption Hearing June 2, 2009 P. 60f6
, Exhibit 1 to Ordinance# -20091
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of RE 00538170-000000, 00538180-000000 N
A
and 00538190-000000 from Residential Medium (RM) to
Mixed Use/Commercial (Me)
.:
;;
'.'
1
2
3 MEMORANDUM
4 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
5 We strive to be caring, professional andfair
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Andrew O. Trivette, Growth Management Director
10 Townsley Schwab, Acting Director of Env. & Planning Resources
11
12 From: Kathy Grasser, Comprehensive Planner
13
14 Date: May 26, 2009
15
16 Subject: Request for an Amendment to the Future Land Use Map for Sievers Marine,
17 IDe, Key Largo, Mile Marker 106, Real Estate Numbers 00538170.000000,
18 00538180.000000 and 00538190.000000
19
20 Meeting: June 2, 2009
21 I REQUEST
22
23 A request by W. F. McCain & Associates, Inc for Siever's Marine, Inc., to amend the Future
24 Land Use Map (pLUM) designation from Residential Medium (RM) to Mixed Use /
25 Commercial (MC).
26 EXISTING FUTURE LAND USE MAP
27
28
29
30
31
32
33
34
35
36
37
38 Mile Marker 106
39 Key Largo
40
41 A. Address: Mile Marker 106, Key Largo, Florida
42 B. Legal Description: Block 1, Lots 11, 12 and 13, Ocean Isle Estates,
43 Monroe County, Florida
44 C. Real Estate Number(s): 00538170.000000,00538180.000000 and 00538190.000000
45 D. ApplicantlPetitioner: William McCain, W.F. McCain & Associates, Inc.
46 E. Property Owner: Siever's Marine, Inc.
1 NOTE:
2 The current owner proposes a mixed use area that will provide workforce housing and a light
3 commercial retail area. The proposal is subject to the rezoning. The owner is not obligated
4 to follow through with these plans. The BOCC can not use what the property owner might
5 develop as a basis for their decision.
6
7 Staff cannot comment on any proposed redevelopment plans as part of this or any map
8 amendment application.
9
10 II PROCESS
11
12 Amendments may be proposed by the Board of County Commissioners (BOCC), the
13 Planning Commission, the Director of Planning, or the owner or other person having a
14 contractual interest in property to be affected by a proposed amendment. The Director of
15 Planning shall review and process map amendment applications as they are received and pass
16 them onto the Development Review Committee and the Planning Commission for
17 recommendation and final approval by the BOCC.
18
19 The Planning Commission and the BOCC shall each hold at least one public hearing on a
20 proposed amendment. The Planning Commission shall review the application, the reports
21 and recommendations of the Department of Planning & Environmental Resources and the
22 Development Review Committee and the testimony given at the public hearing and shall
23 submit its recommendations and findings to the BOCC. The BOCC shall consider the report
24 and recommendation of and the testimony given at the public hearings and may either deny
25 the application or adopt a resolution transmitting the proposed amendment to the Florida
26 Department of Community Affairs (DCA). Ordinances are then reviewed by DCA and
27 returned to the County with objections, recommendations and comments to be considered
28 prior to adoption of the ordinance. Then, an adoption hearing is scheduled for the BOCC.
29 There were no objections, recommendations or comments from the DCA regarding this
30 amendment.
31
32 III RELEV ANT PRIOR COUNTY ACTIONS
33 On January 29, 2009, the BOCCapproved a transmittal of a resolution to the DCA at the
34 request of Sievers Marine, Inc., proposing an ordinance to amend the subject's property's
35 Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use /
36 Commercial (MC).
37
38 On November 18, 2008, The Planning Commission held a public hearing in Marathon and
39 based on the facts presented at the meeting, the Planning Commission recommended
40 approval of the Future Land Use Map amendment application to the Board of County
41 Commissioners.
42
43 IV. BACKGROUND INFORMATION
44 A. Total size of parcels:
45 RE: # 00538170.000000: 8,240 fe
46 RE: # 00538180.000000: 6,000 fl?
Siever's Marine, Inc. P. 2 of 16 Reviewed by: ~
M27092 BOCC: June 2, 2009
1 RE: # 00538190.000000: 7 .000 ttl
2 Total Site Size: 21,240 ff
3
4 B. Current Land Use Map Designation:
5 Improved Subdivision (IS)
6 Future Land Use Map Designation
7 Residential Medium (RM)
8
9 C. Tier Designation: Tier III
10
11 D. Flood Zone: X
12
13 E. Existing Use:
14 RE: # 00538170.000000: Undeveloped
15 RE: # 00538180.000000: Undeveloped KEY LARGO BAPIST CHURCH
16 RE: # 00538190.000000: Undeveloped ATLANTIC DIVE CENTER
17
18 F. Existing Vegetation / Habitat: Cleared with some vegetation
19
20 G. Community Character of Immediate Vicinity: The applicant's parcels are located at MM
21 106. They are located on US 1 at the split just before US 1 and US 905 on the ocean
22 side. Parcels north of the applicant's parcels are owned by the State and are not
23 developable. Single family residences are located east of the proposed FLUM change.
24 The parcels south of the applicant's parcels are owned by the Baptist Church, the Atlantic
25 Dive Center and four privately owned vacant parcels. Privately owned vacant parcels
26 and the Travis Boating Center are located on the other side ofU. S. 1/0verseas Highway.
27 North of the applicant's parcels at the U. S. 1 and US 905 split is the Circle K gas station
28 and convenience store.
29
30 IV REVIEW OF APPLICATION
31
32 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
33 County Year 2010 Comprehensive Plan:
34
35 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan
36 that directly pertain to the proposed amendments include:
37
38 Goal 101 manages future growth to enhance the quality of life. Objective 101.4
39 maintains the community character and protects natural resources by regulating future
40 development and redevelopment. Policy 101.4.5 establishes the Mixed Use /
41 Commercial FLUM criteria. Goal 105 implements smart growth policies and recognizes
42 the finite capacity for new development without compromising the natural environment
43 and directs development into Tier III lands.
44
Siever's Marine, Inc. P. 3of16 Reviewed by: ~
M27092 BOCC: June 2,
1 1. Goal 101: "Monroe County shall manage future growth to enhance the quality of
2 life, ensure the safety of County residents and visitors, and protect valuable
3 natural resources."
4
5 2. Objective 101.4: "Monroe County shall regulate future development and
6 redevelopment to maintain the character of the community and protect the natural
7 resources by providing for the compatible distribution of land uses consistent with
8 the designations shown on the Future Land Use Map."
9
10 3. Policy 1 01.4.5: "The principal purpose of the Mixed Use / Commercial (MC)
11 land use category is to provide for the establishment of commercial zoning
12 districts where various types of commercial retail and office may be permitted at
13 intensities which are consistent with the community character and the natural
14 environment. Employee housing and commercial apartments are also permitted."
15
16 4. Goal 105: "Monroe County shall undertake a comprehensive land acquisition
17 program and smart growth initiatives in conjunction with its Livable
18 Communi Keys Program in a manner that recognizes the finite capacity for new
19 development in the Florida Keys by providing economic and housing
20 opportunities for residents without compromising the biodiversity of the natural
21 environment and the continued ability of the natural and manmade systems to
22 sustain livable communities in the Florida Keys for future generations."
23
24 Staff has determined the proposed FLUM amendment is consistent with the provisions
25 and intent of the Monroe County Year 2010 Comprehensive Plan.
26
27 B. Consistency of the proposed amendment with the provisions and intent of Chapters 101-
28 146 of the Land Development Regulations of Monroe County (The proposed FLUM
29 amendment is not included in the Land Development Code):
30
31 1. Changed projections (e.g., regarding public service needs) from those on which the
32 text or boundary was based;
33
34 Applicant: Since the Monroe County Comprehensive Plan's adoption in 1992
35 (based on the 1980 census data), the comprehensive plan and census data projected
36 an even increase in future population through the entire county. The KLLCP (Key
37 Largo Livable CommuniKeys Plan) addresses the need during this growth period to
38 protect and enhance local community roots, while protecting local environmental
39 resources. This application embodies the conclusions of the KLLCP; it replaces the
40 single family residential (3 lots) adjacent to and fronting the Overseas Highway
41 corridor with viable commercial and mixed class residential along a corridor of
42 existing and prescribed suburban commercial development. The application for a
43 FLUM amendment and re-zoning conforms to all the goals of the KLLCP. The
44 change will allow development that is compatible with the goals of the KLLCP by
45 protecting and enhancing local community life and minimizing the impact on
46 Monroe County's environmental resources.
.;::.
Siever's Marine. Inc. P. 4 of 16 Reviewed by; ~
M27092 BOCC: June 2, 09
1
2 The combined lots on Overseas Highway (US-I) will not require any additional
3 access on their frontage. The development will take advantage of two existing
4 access points; i.e. N. End Road and Garden Cove Drive, and create an interconnect
5 between them allowing the abandonment of an existing undeveloped alley way to
6 increase proper access traffic flow outside of the Overseas Highway. Even in the
7 comprehensive plan, single family residential lot development was not properly
8 addressed as single families and cars on a corridor road do not mix. It should be
9 noted that within the nearby vicinity of the subject property, no other residential
10 properties exist along the Overseas Highway (US-I) right of way other than Adam's
11 Cut at approximately MM 103/1 04.
12
13 With the adoption of the KLLCP and the tier system, shifting in the planning
14 philosophies along the Overseas Highway (US-I) corridor in areas of infill and
15 meeting the "neighborhood communities" criteria including the provisions for a
16 "walkable community" reducing area trip generation, this rezoning and FLUM
17 amendment should be positively accepted.
18
19 The County will require all parcels to be combined into one developable lot at the
20 time of site plan approval. This will, combined with the fact that the indi vidual lots
21 themselves are not large enough to support any mixed development, avoid individual
22 lot sell-off and guarantee proper development as envisioned by the KLLCP. It
23 should be noted that, not only will a Florida Department of Transportation (FDOT)
24 curb cut for additional access not be sought from the FDOT, the FDOT will not grant
25 one accept under the current single lot configuration.
26
27 Staff: The three (3) subject parcels are adjacent to US 1. The proposed Mixed Use /
28 Commercial (MC) FLUM designation is consistent to the FLUM designation on US
29 1. The proposed FLUM amendment is consistent with (i) changed projections.
30
31 ii. Changed assumptions (e.g., regarding demographic trends);
32
33 Applicant: The prescribed use of "mixed use development" per the KLLCP is an
34 effective way of dealing with new growth issues in this part of the Keys vs. that of
35 the Monroe County Comprehensive Plan designating this property as residential
36 medium. Allowing Mixed Use/Commercial (MC) FLUM designation for this
37 property creates a balance of environmental concerns; needs for housing in general,
38 and fills a void for affordable housing. The allowance of this rezoning and FLUM
39 amendment will serve as an enhancement to the surrounding area and the gateway to
40 the Keys.
41
42 Staff: Any use allowed for the proposed land use is considered potential
43 development, not only affordable housing. Affordable housing can be built in
44 designated Monroe County land use districts. While there is a need for affordable
45 housing, the data and the information provided by the applicant does not constitute a
46 changed assumption justifying a map amendment.
Siever's Marine, Inc. P. S of16 Reviewed by: ~
M27092 BOCC: June 2,
1
2 iii. Data errors, including errors in mapping, vegetative types and natural features
3 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
4
5 Applicant: The IS land use designation for the subject parcels that are being proposed
6 for rezoning to SC and FLUM amendment to MC is an obvious example of Key
7 Largo residents' and planning staff concerns that the KLLCP for the area
8 recommends a mixed use that provides workforce housing and a light commercial
9 retail area where local residents can feel comfortable in an aesthetically pleasing
10 environment. The IS designation given to the parcels was probably a part of a
11 "package" designation requested by the developer of Ocean Isle Estates. The nature
12 of the designation and factors leading to the designation are better addressed by
13 Monroe County planning officials who have easy access to records pertaining to the
14 Ocean Isle development.
15
16 A portion of the Ocean Isle Estates subdivision currently includes a commercial
17 fishing village supported by the marina and restaurant currently owned by the
18 Applicant. The existing IS land use designation supports the Applicant's requested
19 use for the subject property. Often, when broad brush comprehensive plans are
20 quickly established at the beckoning of the state, pockets of unique development are
21 often caught up by the basic underlying land use and not the specific character of the
22 existing development or proximity to major thoroughfare related issues.
23
24 The KLLCP goes into great detail about the deficiencies of the existing FLUM.
25 Under the heading of Goal 1 of the KLLCP, the narrative describes the tendency of
26 the Monroe County Comprehensive Plan to have "down-zoned" many of the
27 properties adjacent to Overseas Highway (US-I). The narrative then goes on to state
28 that through the changed conditions and new information that has been brought forth
29 since the Comprehensive Plan's adoption in 1986, it is now the goal of the County
30 and the Community to restore the commercial use status along this corridor.
31 Certainly, that is what the amendment of the FLUM to MC and rezone to SC would
32 accomplish for the subject property.
33
34 Staff: There are no historical errors in mapping, vegetative types and natural features
35 for the three (3) subject parcels.
36
37 iv. New issues;
38
39 Applicant: Over time, since the Buzzard's Roost Marina and Restaurant first opened
40 more than 30 years ago, the majority of the surrounding neighborhood has been built
41 or has become a "fishing village" with the marina at its core. The neighborhood is
42 supported to some extent with commercial development bordering Overseas
43 Highway (US-I), commercial fishing, special district, mixed use commercial and
44 improved subdivision. Though the recommendations in the KLLCP, the proposed
45 FL UM amendment to MC and rezoning to SC enhances the surrounding uses, the
46 adjacent "fishing village" and serves as a light commercial/residential buffer from
Siever's Marine. Inc. P.6ofI6 Reviewed by: ~
M27092 DOCC: June 2,
1 Overseas Highway (US-I), blending into the other residential uses. With the ability
2 to develop the property as a SC development, retail in support of the existing Village
3 atmosphere could be built. The purpose of the existing IS district is to protect
4 legally vested residential development rights to owners of lots in subdivisions that
5 were established prior to the comprehensive plan. While existing plats at the time of
6 the comprehensive plan development may have justified the IS designation, a closer
7 review of the surrounding area indicates a strong correlation to the Suburban
8 Commercial (SC) districts listed as to establish or conserve areas of
9 commercial/mixed uses, and preserve these as areas representative of the character,
10 economy and cultural history of the Florida Keys. The Applicant believes his
11 request for rezoning to SC and FLUM amendment to MC will hold to this test and
12 will assist with the integration of the overall local neighborhood culture.
13
14 Staff.' There are no new issues for these three (3) parcels.
15
16 v. Recognition of a need for additional detail or comprehensiveness
17
18 Applicant: The proposed KLLCP to the Monroe County Comprehensive Plan
19 establishes new priorities for detailed review for comprehensiveness regarding local
20 communities in Key Largo. The consensus goals identified in the KLLCP are met
21 by the implementation of the Applicant's re-zoning and FLUM amendment request
22 as illustrated below. It is specifically noted in the KLLCP, Strategy 1.3, action item
23 1.3.7 (b) that commercial conformance status be preserved within the sections along
24 the Overseas Highway (US-I) corridor. Although it is not a part of this application,
25 it is suggested that Monroe County would pursue a change of zone and FLUM
26 designation for the remaining Ocean Isle lots fronting Overseas Highway (US-I) to
27 achieve a condition that is consistent with the goals of the KLLCP for the remaining
28 lots adjacent to Overseas Highway (US-I). The applicant is currently making an
29 effort to contact the adjacent owners within Ocean Isle estates to gain their support
30 in the rezoning and FLUM amendment for the parcels along the Overseas Highway
31 (US-I) right of way.
32
33 Staff: The three (3) parcels have been cleared and scarified. The applicant is
34 proposing a FLUM designation change to Mixed Use / Commercial (MC). The
35 parcels are south of the US 1 and US 905 split. The FLUM designation for the US 1
36 corridor is Mixed Use / Commercial (MC). The proposed FLUM amendment is
37 consistent with (v) recognition of a needfor additional detail or comprehensiveness.
38
39 vi. Data updates;
40
41 Applicant.' None
42
43 Staff None
Siever's Marine, Inc. P. 7 of 16 Reviewed bY:~_
M27092 BOCC: June 2, 009
1
2 C. Goals, Strategies and Action Items from the Key Largo Livable CommuniKeys Plan that
3 directly pertain to the proposed development.'
4
5 The following is a response by the applicant expanding on ten (10) out of the eleven (11)
6 goals located in the Key Largo Livable CommuniKeys Plan (KLLCP), pertaining to the
7 proposed FLUM amendment.
8
9 Land Use and Redevelopment
10
11 Consensus Goali: Direct future growth to lands that are most suitable for development
12 and encourage preservation of environmentally sensitive lands
13
14 Applicant: The Applicant's property is in an optimal location for rezoning to SC and
15 FLUM amendment to MC in that it affords upscale commercial, keeping with the fishing
16 village appearance of the Keys to create a showcase at the entrance of Key Largo. The
17 SC zone also allows a mix of residential above the commercial predominantly in support
18 of affordable housing related back to the Buzzard's Roost Marina & Restaurant staff
19 housing needs as well as housing needs in general. The proposed rezoning and FLUM
20 amendment also eliminates single family housing units directly abutting a congested area
21 of the Overseas Highway as well as removing the possibility of any new access points
22 along Overseas Highway (US-I). This is all accomplished without any detriment to any
23 environmentally sensitive lands, and if anything, through proper stormwater treatment
24 facilities, will improve the environmental status quo over single family residential
25 construction on existing platted lots.
26
27 Staff: The three (3) parcels are scarified and undeveloped. The land is suitable for
28 development and the proposed amendment will not draw on any environmentally
29 sensitive lands. The proposed FLUM amendment is consistent with the Key Largo
30 Livable CommuniKeys Plan (KLLCP) Land Use Consensus Goali.
31
32 Consensus Goal 2: Preserve and enhance important community qualities within the
33 planning area that define Key Largo's casual village style atmosphere and natural
34 environment and that enhance its status as the first island of the Florida Keys.
35
36 Applicant: As studied previously, the Applicant believes that the rezoning to SC and
37 FLUM amendment to MC will not only fit into the surrounding existing development but
38 will enhance the "village style" atmosphere as a gateway view into Key Largo. The
39 proposed development will provide an immediate visual enhancement over the existing 3
40 scarified lots.
41
42 Staff. The applicant's parcels are located at MM 106. They are located on US 1 at the
43 split just before US 1 and US 905 on the ocean side. Parcels north of the applicant's
44 parcels are owned by the State and are not developable. Single family residential exists
45 east of the proposed FLUM change. The parcels south of the applicant's parcels are
46 owned by the Baptist Church, the Atlantic Dive Center and four privately owned vacant
Sievec's Marine, Inc. P.80f16 Reviewed by: ~
M27092 DOCC: June 2, 2 09
1 parcels. Privately owned vacant parcels and the Travis Boating Center are located on the
2 opposite side ofU. S. 1/0verseas Highway, North of the applicant's parcels at the U. S.
3 1 and US 905 split is the Circle K gas station and convenience store. Staff cannot
4 comment on any proposed development or redevelopment plans as part of this or any
5 map amendment application.
6
7 Consensus Goal 3: Protect and enhance historic, cultural and archeolOgical resources
8 within Key Largo to maintain the integrity of the community's unique character.
9
10 Applicant: While the proposed development neither enhances historic or archeological
11 resources, it does protect and enhance cultural aspects of the community while
12 maintaining and enhancing the community's unique character; village style construction,
13 i.e. residential over commercial.
14
15 Staff. Staff cannot comment on any proposed development or redevelopment plans as
16 part of this or any map amendment application.
17
18 Housing
19
20 Consensus Goal 4: Maintain the availability of affordable housing and workforce
21 housing for local residents while preserving the character of the community.
22
23 Applicant.' The client's incentive toward providing some workforce housing units in the
24 project is driven by the needs of his own staff at Buzzard's Roost Restaurant and Garden
25 Cove Marina, just blocks away from the site. The rezoning to SC and FLUM amendment
26 to MC allows significantly needed workforce housing to be built.
27
28 Staff: This application is for a future land use map (FLUM) designation change. Any
29 use allowed for the proposed land use is considered potential development, not only
30 affordable housing. Affordable housing can be built in designated Monroe County land
31 use districts.
32
33 Environmental Protection
34
35 Consensus Goal 5: Preserve, manage, and restore where appropriate, the natural
36 resources within the planning area by providing open space, protecting water quality and
37 acquiring and managing environmentally sensitive lands.
38
39 Applicant: Given that the lots have been in their existing scarified state for such a long
40 time, along with the required on-site stormwater treatment the project will provide, the
41 request meets the environmental protection goal of the KLLCP,
42
43 Staff: The proposed FLUM amendment will not preserve, manage or restore the natural
44 resources within the planning area.
45
46
Siever's Marine, Inc. P.90f16 Reviewed by: ~
M27092 BOCC: June 2, 2 09
1 Economic Development
2
3 Consensus Goal 6: Encourage redevelopment and infill development that supports and
4 enhances the tourist based economy of the planning area.
5
6 Applicant.' The request meets the economic development goal encouraging infill
7 development while enhancing the tourism based economy. This will be accomplished
8 with portions of the commercial business associated back to the Buzzard's Roost
9 Restaurant and Garden Cove Marina, additional island retail and a mix of workforce
10 housing as previously stated.
11
12 Staff: The proposed FLUM amendment will encourage infill of undeveloped scarified
13 land. The proposed FLUM amendment is consistent with the Key Largo Livable
14 CommuniKeys Plan (KLLCP) Land Use Consensus Goal 6.
15
16 Consensus Goal 7: Recognize water-dependent and water-related commercial uses as an
17 important source of economic sustainability within the planning area.
18
19 Applicant: As this goal recognizes the need to support water-dependent and water related
20 commercial uses, the proposed rezoning and FLUM amendment will allow for the
21 development of both support services for the Buzzard's Roost Restaurant and Garden
22 Cove Marina as well as commercial development over the subject properties.
23
24 Staff: Goal Seven (7) of the KLLCP states "water-dependent uses include marinas,
25 commercial fishing, boat launching facilities and beaches. Water-related uses include
26 concession stands, bait and tackle shops and fish houses. Hotels and restaurants located
27 on the water while not water dependent or related as in the traditional definition are
28 economically enhanced by the location on the water and are included in the definition
29 here." The three (3) subject parcels are not on or near the water. The proposed FLUM
30 amendment is not applicable with the Key Largo Livable Communi Keys Plan (KLLCP)
31 Land Use Consensus Goal 7.
32
33 Transportation
34
35 Consensus Goal 8: Provide residents and visitors of the planning area with a safe and
36 useable transportation system for vehicles. bicycles and pedestrians with opportunities
37 for transit systems where appropriate.
38
39 Applicant: Workforce housing located within the subject property would enable
40 residents the ability to walk to work at either the nearby existing commercial/retail
41 developments or the proposed commercial developments that would be feasible with the
42 change to the SC zone and MC FLUM designation. As stated by the KLLCP,
43 developments that promote pedestrian activity are encouraged, and it would be desirable
44 to decrease the need for additional trips, possibly congesting the Overseas Highway (US-
45 1). The approval of the requested SC rezoning and FLUM amendment to Me will
SievCl"'s Marine, Inc. P.IOof16 Reviewed by: ~
M27092 DOCe: June 2, 9
1 require joining of all 3 lots, potentially eliminating an additional access point to the
2 Overseas Highway.
3
4 Staff: Staff cannot comment on any proposed redevelopment plans as part of this or any
5 map amendment application.
6
7 Recreation
8
9 Consensus Goal 9: Provide additional resources for enhancement of existing facilities,
10 expansion of active and passive land-based recreation opportunities and seek to expand
11 public shoreline access for water-based recreational activities for all age groups within
12 the community.
13
14 Applicant: The proposed rezoning to SC and FLUM amendment to MC will allow the
15 development of a portion of the project to serve as support for the Buzzard's Roost
16 Restaurant and Garden Cove Marina thereby enhancing areas for water based activities.
17
18 Staff: Staff cannot comment on any proposed redevelopment plans as part of this or any
19 map amendment application.
20
21 Community Facilities
22
23 Consensus Goal 10: Provide adequate public facilities to serve the existing and future
24 needs of the planning area.
25
26 Applicant: Public facilities are adequate to support the rezoning to SC as well as the
27 FLUM amendment to MC that have been requested. The Applicant has satisfied the
28 consensus goals identified in the KLLCP. Approval of the FLUM amendment to MC and
29 rezoning to SC will only net a positive effect on the upper Key Largo area.
30
31 Staff: Monroe County's Public Facilities Capacity Assessment Report indicates there are
32 over 100 gallons of water available per person per day. The 100 gallons per person per
33 day standard is commonly accepted as appropriate and is reflected in Policy 701.1.1 of
34 the Monroe County Year 2010 Comprehensive Plan. The proposed FLUM amendment is
35 consistent with the Key Largo Livable CommuniKeys Plan (KLLCP) Land Use
36 Consensus Goal 10.
37
38 D. Consistency with the Principles for Guiding Development in the Florida Keys Area of
39 Critical State Concern: For the purposes of reviewing consistency of the adopted plan or
40 any amendments to that plan with the principles for guiding development and any
41 amendments to the principles, the principles shall be construed as a whole and no specific
42 provision shall be construed or applied in isolation from the other provisions.
43 (a) To strengthen local govermnent capabilities for managing land use and
44 development so that local government is able to achieve these objectives without the
45 continuation of the area of critical state concern designation.
Siever's Marine, Inc. P. 11 of 16 Reviewed by: ~
M27092 Dace: June 2, 009
1 (b) To protect shoreline and marine resources, including mangroves, coral reef
2 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
3 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
4 native tropical vegetation (for example, hardwood hammocks and pinelands), dune
5 ridges and beaches, wildlife, and their habitat.
6 (d) To ensure the maximum well-being of the Florida Keys and its citizens through
7 sound economic development.
8 (e) To limit the adverse impacts of development on the quality of water throughout
9 the Florida Keys.
10 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
11 environment, and ensure that development is compatible with the unique historic
12 character of the Florida Keys.
13 (g) To protect the historical heritage of the Florida Keys.
14 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
15 and proposed major public investments, including:
16 1. The Florida Keys Aqueduct and water supply facilities;
17 2. Sewage collection and disposal facilities;
18 3. Solid waste collection and disposal facilities;
19 4. Key West Naval Air Station and other military facilities;
20 5. Transportation facilities;
21 6. Federal parks, wildlife refuges, and marine sanctuaries;
22 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
23 properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
26 (i) To limit the adverse impacts of public investments on the environmental resources
27 of the Florida Keys.
28 (j) To make available adequate affordable housing for all sectors of the population of
29 the Florida Keys.
30 (k) To provide adequate alternatives for the protection of public safety and welfare in
31 the event of a natural or manmade disaster and for a post disaster reconstruction plan.
32 (I) To protect the public health, safety, and welfare of the citizens of the Florida Keys
33 and maintain the Florida Keys as a unique Florida resource.
34 Staff: The proposed area is cleared and scarified and will not significantly affect the
35 natural resources. Staff finds proposed FLUM amendment consistent with the Principles
36 for Guiding Development as a whole and not inconsistent with anyone principle.
37
38 E. Impact on Community Character.'
39 "In no event shall an amendment be approved which will result in an adverse community
40 change of the planning area in which the proposed development is located."
41
Siever's Marine, Inc. P. 12 of16 Reviewed by: ~
M27092 DOCC: June 2, 09
1 MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
2 adverse change in community character. The proposed FLUM amendment might change
3 the existing impact of the parcel and the area. However, this amendment does not
4 guarantee future development. Currently, Growth Management does not have any
5 pending applications for development on this property. When or if, Growth Management
6 receives an application, it will be addressed at that time.
7
8 Staff has determined the proposed future land use map designation to Mixed Use /
9 Commercial (MC) will not adversely change community character based on the following
10 analysis:
11
12 (a) Local Use Compatibility
13 The three (3) subject parcels are located adjacent to US 1 and SR 905 at the split.
14 The US 1 corridor is Mixed Use / Commercial (MC), Institutional (INS),
15 Conservation Recreation (CR), Conservation (C), Residential Low, (RL) Residential
16 High (RR). The proposed future land use map (FLUM) designation is compatible
17 with the local use.
18
19 (b) Density and Intensity
20 The three applicant's properties are 21,240 ft2 (.482 acres) in size.
21
22 The Residential Medium (RM) future land use map (FLUM) designation allows for
23 one (1) dwelling unit per lot and maximum net density is not allowed. In the Mixed
24 Use / Commercial (MC) land use district, up to six (6) dwelling units and fifteen (15)
25 rooms/spaces per acre, are permitted. Eighteen (18) dwelling units and up to twenty-
26 five (25) rooms/spaces per buildable acre are allowed for maximum net density. The
27 maximum floor area ratio is between 10% and 40%. The allowed commercial floor
28 area is 2,124 it? to 8,496tf.
29
30 (c) Local Traffic and Parking
31 Local roads are already in place and have been well maintained. The proposed
32 FLUM amendment may affect local traffic and parking, but not significantly.
33
34 (d) Effects on Natural Resources
35 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall
36 direct future growth to lands which are intrinsically most suitable for development
37 and shall encourage conservation and protection of environmentally sensitive lands.
38 Future development would be required to comply with all Monroe County Code,
39 State and Federal environmental regulations.
40
41 Because the subject property consists of cleared undeveloped lots, no additional
42 clearing is anticipated for the proposed development. Effects on natural resources are
43 not anticipated.
44
45 (e) Effects on Public Facilities
Siever's Marine, Inc:. P.130f16 Reviewed by: ~
M27092 BOCC: June 2, . · 9
1 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires the
2 County to direct future growth away from environmentally sensitive land and towards
3 established development areas served by existing public facilities. The proposed
4 FLUM amendment will not affect Objective 101.11 and will encourage commercial
5 development to remain on disturbed lands rather than encroaching on
6 environmentally sensitive area.
7
8 (f) Traffic Circulation
9 Overseas Highway or U.S. 1 is required to maintain a level of service (LOS) of"C" in
10 order to support additional development. The Proposed FLUM amendment is located
11 at Mile Marker 106. The 2008 US 1 Arterial Travel Time and Delay Study for
12 Monroe County indicates a Level of Service (LOS) of "A" in Key Largo (MM 99.5 to
13 MM 106). The LOS of"E" for Cross Key (MM 106 to MM 112.5) is due to on-going
14 construction along the Cross Key segment. The construction eliminated the existing
15 bascule bridge across the Jewfish Creek and replaced it with a fixed-span high level
16 bridge. The existing travel speeds along the Cross Key segment is affected by the
17 construction activities. Upon completion of the bridge, the travel speeds and the LOS
18 along the Cross Key segment are expected to improve.
19
20 (g) Solid Waste
21 Monroe County has a solid waste haul out contract with Waste Management Inc.,
22 which authorizes the use of in-state facilities through September 20, 2016, thereby
23 providing the County with approximately eight (8) years of guaranteed capacity. The
24 proposed future land use map (FLUM) amendment may affect solid waste, but there
25 is capacity for disposal.
26
27 (h) Potable Water
28 In March 2008, South Florida Water Management District (SFWMD) approved the
29 FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the
30 Biscayne and Floridian Aquifers. The WUP provides an annual allocation of 8,751
31 Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG
32 with a limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79
33 MGD and an average dry season (December 15t-April 30th) of 17.0 MGD. The 100
34 gallons per person per day standard is commonly accepted as appropriate and is
35 reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
36
37 (i) Stormwater
38 Staff feels stormwater runoff will result from this future land use map (FLUM)
39 amendment. The applicant's properties, although in Tier III, are scarified but have
40 not been developed. MCC Section 114.4 requires that all developments retain
41 stormwater on site following Best Management Practices (BMP's).
42
43 (j) Effects on Redevelopment/lnfill Potential:
44 The site is scarified and undeveloped. Staff feels there might be a negative impact on
45 redevelopment / infill potentials. Currently, the Buzzard's Roost sign sits on the
46 subject parcels.
Siever's Marine, Inc. P.140f16 Reviewed by:~
M27092 DOCC: June . 009
1
2 V FINDINGS OF FACT AND CONCLUSIONS OF LAW
3 1. The proposed area is cleared and scarified and will not significantly affect natural
4 resources.
5
6 2. The Proposed FLUM amendment is consistent with Monroe County Year 2010
7 Comprehensive Plan Goal 101 which manages future growth to enhance the quality of
8 life.
9
10 3. The proposed FLUM amendment is consistent with Objective 101.4 which maintains the
11 community characters and protects natural resources by regulating future development
12 and redevelopment.
13
14 4. The proposed FLUM amendment is consistent with Policy 101.4.5 which establishes the
15 Mixed Use / Commercial FLUM criteria.
16
17 5. The proposed FLUM amendment is consistent with Goal 105 which implements smart
18 growth policies and recognizes the finite capacity for new development without
19 compromising the natural environment and directs development into Tier III lands.
20
21 6. Staff has determined that the proposed map amendment is in accordance with MCC
22 Section 102-158(d)(5)b(i) changed projections and (vi) recognition of a need for
23 additional detail or comprehensiveness.
24
25 7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
26 Development as a whole and not inconsistent with anyone principle.
27
28 8. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
29 adverse change in community character. Staff has determined the proposed future land
30 use map designation to Mixed Use / Commercial (MC) will not adversely change
31 community character.
32
33 9. Local roads are already in place and have been well maintained.
34
35 10. Effects on natural resources are not anticipated. The area is scarified.
36
37 11. The proposed FLUM amendment will encourage commercial development to remain on
38 disturbed lands rather than encroaching on environmentally sensitive area.
39
40 12. The 2008 US 1 Arterial Travel Time and Delay Study for Monroe County indicates a
41 Level of Service (LOS) of "A" in Key Largo (MM 99.5 to MM 106). The LOS of"E" for
42 Cross Key (MM 106 to MM 112.5) is due to on-going construction along the Cross Key
43 segment.
44
45 13. The FLUM amendment may affect solid waste. Monroe County has a waste haul out
46 contract through September 20,2016. There is capacity for disposal.
Siever's Marine, Inc. P.ISof16 Reviewed by:~
M27092 DOCe: June 2, . 9 .
1
2 14. The 100 gallons per person per day of potable water is commonly accepted as appropriate
3 and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
4
5 15. MCC Section 114-4 requires that all developments retain stormwater on site following
6 Best Management Practices (BMP's).
7
8 16. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
9 encourage infill development to remain on already existing developed land.
10
11 17. The proposed FLUM amendment is consistent with the Goals, Objectives and Policies of
12 the Key Largo Livable CommuniKeys Plans Goal 1, Goal 6 and Goa110.
13
14
15 VI. RECOMMENDATION:
16 Staff recommends APPROV AL to the Monroe County Board of County Commissioners.
Siever's Marine, Inc. P. 16 of16 Reviewed by: ~
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f
RESOLUTION NO. 001_2009
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS TRANSMITTING TO
THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FROM SIEVERS
MARINE, INC. TO AMEND THE FUTURE LAND USE
MAP (FLUM) DESIGNATION FROM RESIDENTIAL
MEDIUM (RM) MIXED USE / COMMERCIAL (Me)
FOR PROPERTY LEG ALL Y DESCRIBED AS BLOCK 1
LOT 11, LOT 12 AND LOT 13 OCEAN ISLE EST PB5-
14 KEY LARGO, MONROE COUNTY, FLORIDA
HAVING REAL ESTATE NUMBERS 00538170-000000,
00538180-000000 AND 00538190-000000.
WHEREAS, the Monroe County Board of County Commissioners held a public hearing
for the purpose of considering the transmittal to the Florida Department of Community Affairs
for review and comment of a proposed amendment to the Future Land Use Map of the Monroe
County Year 2010 Comprehensive Plan, changing the future land use designation of the
properties described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested future land use map designation change;
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 ordinance for adoption of the proposed Future Land
Use Map amendment.
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first (1st) set of comprehensive plan amendments for 2009 to the
Florida Department of Community Affairs for review and comment in accordance with the
provisions ofF. S. Sec. 163.3184; and
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirements of9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resol ution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 26th day of January A.D., 2009.
Mayor George Neugent Yes
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Kim Wigington Yea
Commissioner Heather Carruthers Yee
Commissioner Mario Di Gennaro Yea
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
,~~:. BY ~...~~. 'n-.,.q-..
, \ J ~ ~
./ ':\~":'\ Mayor George Neugent
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:'~;:6ANNY L. KOLHAGE, CLERK
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DEPUTY . ERK
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