Resolution 427-2004
RESOLUTION NO. 427 -2004
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS DIRECTING THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE DRAFT LIVABLE
COMMUNIKEYS MASTER PLAN FOR TAVERNIER CREEK TO MILE
MARKER 97 BEFORE BRINGING THE PLAN TO THE BOARD FOR
ADOPTION.
WHEREAS, the Monroe County Board of County Commissioners (BOCC) held
a public hearing on August 18, 2004, for the purpose of considering the transmittal
of the Tavernier Creek to MM 97 Master Plan to the Florida Department of
Community Affairs (DCA), for review and comment; and
WHEREAS, the BOCC approved the Tavernier Creek to MM 97 Master Plan, a
proposed amendment to the Monroe County Year 2010 Comprehensive Plan, Future
Land Use Map and Land Use Designation Map for transmittal to the DCA; and
WHEREAS, during discussion of the Livable Communi Keys Master Plan for
Tavernier Creek to Mile Marker 97 the Board of County Commissioners heard
comments from the public present and identified three (3) action items containing
four (4) separate issues in the Livable CommuniKeys Master Plan that required
further review and consideration; and
WHEREAS, the Board of County Commissioners directed staff to return
Action Item 1.4.2, Action Item 3.1.2 and Action Item 5.2.1 to the Monroe County
Planning Commission for further consideration and recommendation before the
adoption hearing for the Plan; and
WHEREAS, a public workshop, with public comment, was held during the
September 22, 2004, Planning Commission meeting to discuss the Action Items and
the Future Land Use Map (FLUM) and Land Use District Map amendments contained
in the items; and
WHEREAS, during a regularly scheduled meeting on October 7, 2004, the
Development Review Committee reviewed the Action Items and staff alternatives,
heard comments from staff and the public, and recommended to the Monroe
County Planning Commission approval of the staff recommendations; and
WHEREAS, during a regularly scheduled meeting on October 19, 2004, the
Planning Commission, at a Public Hearing, discussed the Action Items identified by
the Board of County Commissioners, reviewed the proposed amendments to the
Livable Communi Keys Master Plan, and heard comments from staff and the public;
and
WHEREAS, the Planning Commission recommended to the Monroe County
Board of County Commissioners that Action Item 1.4.2 be amended to delete parcel
Staff recommendation
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number 565970.0001 from the FLUM and Land Use District Map amendments for
the businesses located ocean-side, across US # 1 from the Tavernier Town Shopping
Center and that the Coconut Palm FLUM amendment be incorporated into Action
Item 1.4.2; and
WHEREAS, the Planning Department supports the recommendation of the
Planning Commission that Action Item 1.4.2 be amended to delete parcel number
565970.0001 from the FLUM and Land Use District Map amendments and that the
Coconut Palm FLUM amendment be incorporated into Action Item 1.4.2; and
WHEREAS, the Planning Commission recommended that the Board of
County Commissioner's revision to Action Item 3.1.2 be further refined to limit the
square footage of new structures to a maximum of 2,500 square feet, excluding
redevelopment and the Urban Commercial Land Use District from the limits; and
WHEREAS, the Planning Commission recommended to the Monroe County
Board of County Commissioners no change to Action Item 5.2.1 which limits
affordable and employee housing developments to structures containing a
maximum of 4 units and that the Action Item remain as presented in the Draft
Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97; and
WHEREAS, the Planning Department in reviewing Action Items 3.1.2 and
5.2.1 determined that the primary concern raised by members of the residential
community is that development and redevelopment be well designed and
constructed to enhance the community and the business community's concern is
that the requirements for design and construction be economically cost effective;
and
WHEREAS, the Planning Department finds that the restrictions on the
number of units within structures for affordable or employee housing is
discriminatory and reduces opportunities for such housing; and
WHEREAS, the Planning Department in analyzing options to achieve the
desired outcome has determined that many existing structures in the US #1
corridor currently exceed the 2,500 square foot floor area limitation and that the
design of the site and structure is the primary determinate of the aesthetics and of
the character of the corridor; and
WHEREAS, the Monroe County Board of County Commissioners has
considered the Planning Commission recommendation, staff recommendations and
public comments;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Staff recommendation
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Section 1: Amend Action Item 1.4.2 to read as follows in order to eliminate the
number of nonconforming structures that exist on these properties and bring them
into conformity with the current use and surrounding community:
Action Item 1.4.2
"Action Item 1.4.2: Adopt the following parcel-specific revisions to the Future
Land Use Map (FLUM) category and Land Use District Map:
1) Change the designation of parcels identified with real estate parcel
numbers: 566000, 566240, 477140, 566120, 477150, 477160, 477170,
477210, and 477180 planning area from Improved Subdivision (IS) to Mixed
Use (MU) on the Land Use District Map and from Residential Medium (RM) to
Mixed Use Commercial (MC) on the Future Land Use Map (FLUM).
2) Change the designation of parcels identified with real estate parcel
numbers 476750, 476760, 476770 and 476780 which are owned by Monroe
County from Improved Subdivision (IS) to Native Area (NA) and on the
Future Land Use Map from Residential Medium (RM) to Residential
Conservation (RC)."
3) Change the Future Land Use Map designation of parcels identified with the
following real estate numbers from Residential Medium (RM) and Residential
High (RH) to Mixed-Use Commercial (MC): 00482310.000000 and
00482320.000000.
Section 2: Revise existing Action Item 3.1.2 and create new Action Items 3.1.5,
3.1.6 and 3.1.7 as follows to require certain development and redevelopment in the
US Highway 1 Community Center be consistent with community design standards:
1. Action Item 3.1.2: Require that any development or redevelopment
approved within the designated U.S. Highway 1 Community Center, meeting
the following criteria, be consistent with design standards established
pursuant to Action Items 3.2.3 and 3.3.3:
1. Any new or expanded non-residential structures of greater than 2,500
square feet in floor area;
2. Any new or expanded outdoor retail sales;
3. Any new residential structure containing more than three units or
redeveloped residential structure containing more than three units that
involves a change in floor area, building height, or configuration of
building footprint;
4. Any new transient residential structure or redeveloped existing
transient residential structure that involves a change in floor area,
building height, or configuration of building footprint.
Staff recommendation
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2. Action Item 3.1.5 (new): Enact a temporary moratorium on all development
meeting the threshold for design review and approval in Action Item 3.1.2
until adoption of design standards for the U.S. Highway I Community Center
are adopted or Six months after the effective date of this Master Plan,
whichever occurs first.
3. Action Item 3.1.6 (new). Require that any development, remodeling or
redevelopment approved within the designated Tavernier Historic Overlay
District (Figure 3.1), to include the areas designated as the Existing Historic
District and Proposed Historic District, meeting the following criteria, be
consistent with design standards and in compliance with regulatory controls
established pursuant to Strategy 4.1:
1. Any structure that is designated by Monroe County as a historic
resource;
2. Any structure identified by "The final Report Historic Architectural
Survey of Unincorporated Areas of Monroe County Florida (2003)"
prepared by GAl Consultants Inc.
4. Action Item 3.1.7 (new): Enact a temporary moratorium on all development
meeting the threshold for design review and approval in Action Item 3.1.6
until adoption of design standards and regulatory controls for the Tavernier
Historic Overlay District are adopted or six months after the effective date of
this Master Plan, whichever occurs first.
Section 3: Revise Strategy 3.3 and Action Item 3.3.5 as follows to clarify that the
proposed zoning overlay is for the Community Center and design gUidelines are
required:
Strategy 3.3
Adopt a zoning overlay for the designated Community Center defined in
Action Item 3.2.1 and specific Land Development Regulations for that
overlay.
Action Item 3.3.5: Require existing commercial parcels proposed for
Employee Housing density bonuses be developed consistent with the design
standards adopted pursuant to Action Items 3.2.3 and 3.3.3.
Section 4: Delete Action Item 5.2.1. The design requirements in Action Item 3.2.1
will control the development of all multi-unit developments:
Action Item 5.2.1: Investigate opportunities to acquire commercial
properties of sufficient size for the construction of employee housing units
with the County owning the land in perpetuity.
Staff recommendation
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Section 5: The Department of Planning and Environmental Resources is directed to
make the changes as detailed in this resolution to the Livable CommuniKeys Master
Plan for Tavernier Creek to MM 97 before bringing the Plan to the Board for
adoption.
PASSED AND ADOPTED BY THE Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 17th day of November, 2004.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Mayor/Chairperson
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Staff recommendation
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