MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Development Review Committee Emily Schemper, CFM, AICP, Senior Director of Planning & Environmental Resources
From: Brad Stein, AICP, Planning and Development Review Manager
Date: January 14, 2020
Subject: Request for a Minor Conditional Use Permit. The requested approval is for the transfer of 30 total transient transferrable ROGO Exemptions (TREs) from the Sender Sites property described as parcels of land in Section 26, Township 66, Range 29, Big Pine Key, Monroe County, Florida, having Parcel Identification Numbers 00300180-000300, 00300180-000400, 00300180-000500, 00300180- 000600, 00300180-0000700, 00300180-000800, 00300180-000900, 00300180- 001000, 00300180-001100, 00300180-001200, 00300180-001300, 00300180- 001400, 00300180-001500, 00300180-001600, 00300090-000100, 00300590- 000200, 00300090-000300, 00300090-000400, 00300090-000500, 00300590- 000100, 00300590-000200, 00300590-000300, 00300590-000400, 00300590- 000500, 00300590-000600, 00300590-000700, 00300590-000800, 00300670- 000000 and a property described as a parcel of land in Section 14, Township 65, Range 34, Conch Key, Monroe County, Florida, having Parcel Identification Number 00385780-000000 to the Receiver Site described as a parcels of land in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, having Parcel Identification Number 00123761-000100, 0123761- 000200, 00123761-000300, 0123761-000400, 00123761-000500, 0123761- 000600, 00123761-000700, 0123761-000800, 00123761-000900, 0123761- 001000 (File#2019-152)
Meeting: January 28, 2020
I REQUEST:
The applicant is requesting approval of a minor conditional use permit in order to transfer thirty (30) total transient Residential Rate of Growth Ordinance (ROGO) exemptions – known as TREs. Twenty-five (25) from a sender site at 201 County Road, Big Pine Key, Mile Marker 30.9 and five (5) from a sender site at 2 N. Conch Avenue, Conch Key, Mile Marker 62.9 to a receiver site 7009 Shrimp Road on Stock Island, Mile Marker 5.
II BACKGROUND INFORMATION:
Sender Site (201 County Road, Big Pine Key):
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Location: Big Pine Key, Mile Marker 30.9 Address: 201 County Road, Big Pine Key Description: (201 County Road, Big Pine Key) Property described as parcels of land in Section 26, Township 66, Range 29, Big Pine Key, Monroe County, Florida Sender Parcel ID Numbers: 00300180-000300, 00300180-000400, 00300180-000500, 00300180-000600, 00300180-0000700, 00300180-000800, 00300180-000900, 00300180- 001000, 00300180-001100, 00300180-001200, 00300180-001300, 00300180-001400, 00300180-001500, 00300180-001600, 00300090-000100, 00300590-000200, 00300090- 000300, 00300090-000400, 00300090-000500, 00300590-000100, 00300590-000200, 00300590-000300, 00300590-000400, 00300590-000500, 00300590-000600, 00300590- 000700, 00300590-000800, 00300670-000000 Owner/Applicant: Longstock II, LLC (it should be noted that the parcels are currently owned by Conch Republic Housing Alliance, LLC, but the TREs have been previously lifted with Development Order No. 08-16, File 2016-113) Agent: Bart Smith Size of Site: 3.35 Acres, per Monroe County GIS Land Use District (LUD): Improved Subdivision (IS) and Urban Residential-Mobile Home (URM) Future Land Use Map (FLUM) Designation: Residential Medium (RM) and Residential High (RH) Tier Designation: Tier III Flood Zone: AE-EL 8 Existing Use: Vacant and Temporary RVs Existing Vegetation / Habitat: Predominantly scarified with landscaping
Sender Site (201 County Road, Big Pine Key) with Land Use District Overlaid (Aerial dated 2018)
Sender Site (2 N. Conch Avenue, Conch Key): DRC Staff Report File # 2019-152 Minor Conditional Use (TRE) Page 2 of 10
Location: Conch Key, Mile Marker 62.9 Address: 2 N. Conch Avenue, Conch Key Description: (2 N. Conch Avenue, Conch Key) Property described as a parcel of land in Section 14, Township 65, Range 34, Conch Key, Monroe County, Florida Sender Parcel ID Number: 00385780-000000 Owner/Applicant: JDLC, Inc. Agent: Bart Smith Size of Site: 16,120 Square feet, per Monroe County GIS Land Use District (LUD): Commercial Fishing Special District (CFSD 16) Future Land Use Map (FLUM) Designation: Mixed Use/Commercial Fishing (MCF) Tier Designation: III Flood Zone: AE-10 Existing Use: RVs Existing Vegetation / Habitat: Predominantly scarified with landscaping
Sender Site (2 N. Conch Avenue, Conch Key) with Land Use District Overlaid (Aerial dated 2018)
Receiver Site: Location: Stock Island, Mile Marker 5 Address: 7009 Shrimp Road, Stock Island Description: (7009 Shrimp Road, Stock Island) Property described as a parcels of land in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida Receiver Parcel ID Numbers: (7009 Shrimp Road, Stock Island) 00123761-000100, 0123761-000200, 00123761-000300, 0123761-000400, 00123761-000500, 0123761-000600, 00123761-000700, 0123761-000800, 00123761-000900, 0123761-001000 Owner/Applicant: (Stock Island Marina Village) Longstock II, LLC Agent: Bart Smith
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Size of Site: 41.92 acres (12.17 acres of upland and 29.75 acres of submerged land per proposed site plan) Land Use District (LUD): Maritime Industries (MI) Future Land Use Map (FLUM) Designation: Mixed Use / Commercial (MC) Tier Designation: Tier III Flood Zone: AE-9 Existing Use: Hotel, Marina, Light Industrial, Commercial Retail, Office Existing Vegetation / Habitat: Predominately scarified, with mangroves along the some segments of the southernmost shoreline and areas landscaping throughout the site
Receiver Site (7009 Shrimp Road, Stock Island) with Land Use District Overlaid (Aerial dated 2018)
III RELEVANT PRIOR COUNTY ACTIONS:
Sender Site (201 County Road, Big Pine Key):
On March 6, 2007, a Letter of Development rights Determination was issued for the property. The letter states that there are one hundred and thirty (130) ROGO exemptions on the property associated with the lawful existence of eighty-five (85) permanent dwelling units and forty- five (45) transient dwelling units (Planning File #26127).
The Planning & Environmental Resources Department issued a revised Letter of Development Rights Determination for the 201 County Road, Big Pine Key property on September 29, 2014. The letter states that there are one hundred and thirty (130) ROGO exemptions associated with
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the site, in the form of one hundred and twenty-five (125) transient residential dwelling units and 5 permanent residential units (File #2014-076).
On July 7, 2015, Development Order No. 03-15 was approved, allowing the transfer of one hundred (100) transient TREs from the 201 County Road, Big Pine Key property to a receiver site located at 700 and 7009 Shrimp Road, Stock Island. The remaining twenty-five (25) transient ROGO exemptions associated with the subject property are the subject of the current request for TRE approval. (File #2015-039)
On May 18, 2016, the BOCC approved Ordinance 18-2016 amending the Comprehensive Plan, Livable Communikeys Program Master Plan for Big Pine and No Name Key and the Habitat Conservation Plan. The amendment included in the Livable CommuniKeys Plan Action 3.3.5 to designate the subject property as an affordable housing overlay for only affordable housing development and the change in Tier Designation from Tier I to Tier III. The amendment became effective September 1, 2016. (File# 2015-116)
On May 18, 2016, the BOCC approved Ordinance 19-2016 amending the Tier Overlay District Map, from Tier I to Tier III. The Tier Map amendment became effective July 6, 2016. (File# 2015-035)
On October 3, 2016, Development Order No. 08-16 was approved, allowing the lifting of remaining twenty-five (25) transient ROGO exemptions associated with the 201 County Road, Big Pine Key property without a receiver site and is now the subject of the current request for TRE approval. (File #2016-113)
Sender Site (2 N. Conch Avenue, Conch Key):
On December 18, 2007, a Letter of Development Rights Determination had been issued for the lawful determination of 5 transient residential units (RVs) and 12 permanent residential units of the property. (File #27125).
On July 7, 2016, a Letter of Understanding had been issued for the potential redevelopment of the property. (File #2015-216).
Receiver Site (7009 Shrimp Road, Stock Island):
The existing marina was established prior to 1986 and is thereby deemed to have a major conditional use permit.
In 2012, a minor deviation to the major conditional use permit was approved allowing the reconfiguration of 173 of the site’s 361 boat slips. (File #2011-090)
On March 13, 2013, a letter of development rights determination was issued for the property. The Planning & Environmental Resources Department determined that 80 live-aboard vessel slips and 47,957 SF of nonresidential floor area were lawfully established for the subject property.
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March 5, 2013, a minor deviation to the major conditional use permit was approved allowing new development atop the northernmost pier. The development included bath house buildings for occupants of the live-aboard vessels and a commercial building that included marine fuel services, a marina store and management offices. (File #2013-010)
In 2013, an alcoholic beverage special use permit (2-COP) was approved allowing the sale of beer and wine, on premise and package. The approval is memorialized by Planning Commission Resolution #P23-13, approved by the Planning Commission at a public hearing on August 28, 2013 and signed by the Planning Commission Chair on September 10, 2013. (File #2013-088)
In 2013, an amendment to the Monroe County Future Land Use Map was approved amending the future land use designation of the subject property from Industrial (I) to Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045-2013, approved by the Board of County Commissioners at a public hearing on December 11, 2013. (File #2012- 075)
On February 19, 2014, the applicant submitted an application for a development agreement concerning the redevelopment of the property. The agreement was approved by the BOCC at a public hearing on July 16, 2014. The agreement allows the redevelopment of the Stock Island Marina Village in compliance with all applicable regulations. It would also allow the transfer of up to 100 market-rate transient residential TRE’s. The agreement also conceptually approved the scope of work of this major conditional use permit application and associated site plan. (File #2014-026)
On October 29, 2014, an amendment to the major conditional use permit was approved by the Monroe County Planning Commission. The approval is memorialized by Planning Commission Resolution P43-14 approved by the Planning Commission at a public hearing on October 29, 2014 and signed by the Planning Commission Chair on January 21, 2015. The amendment was needed in order to redevelop the existing mixed use marina, to include marina, commercial retail, office, commercial fishing, industrial and hotel uses. (File #2014-027)
On July 7, 2015, the Planning Director issued Development Order No. 03-15 approving a request by Longstock II, LLC for a minor conditional use permit (File # 2015-039) allowing the transfer of 100 ROGO exemptions from a sender site on Big Pine Key to a receiver site (the subject property) on Stock Island.
On October 2, 2015, the Planning Director approved a Minor Deviation (File # 2015-174) to the Major Conditional Use Permit approved by Planning Commission Resolution No. P43-14. The minor deviation was required to allow a minor modification of consistent design to the architectural style and design of the hotel building. The approval was recorded on November 4, 2015.
On March 14, 2017, the Planning Director approved a Minor Deviation (File # 2017-002) to the Major Conditional Use Permit approved by Planning Commission Resolution No. P43-14.
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The minor deviation was required to increase non-residential floor area for the new hotel pool bar/bathroom building and allow a minor modification of consistent design to the architectural style and design to the new hotel and pool bar/bathroom buildings. This deviation was associated with Revision A to Building Permit # 15104772 for the new hotel and pool bar/bathroom buildings. The approval was recorded on April 21, 2017.
On November 6, 2017, The Planning Director approved a Minor Deviation (File # 2017-082) to changes the phasing for the approved Major CUP.
On January 31, 2018, the Monroe County Planning Commission approved resolution no. P01- 18, for a sign variance, allowing one additional ground mounted sign.
On July 9, 2019, The Planning Director approved a Minor Deviation (File # 2018-066) to reduce open space based on reconfiguration of the parking lot, reconfiguration of the restaurant, adding a gazebo, and adding a trash area with a separate access drive.
On October 24, 2019, The Planning Director approved a Minor Deviation (File # 2019-151) to add sidewalks, reconfigure docks and reduce open space.
IV REVIEW OF APPLICATION:
Pursuant to Monroe County Land Development Code Sec.138-22(b), the following criteria must be met to transfer ROGO exemptions to a hotel, motel, or RV park:
(b) Transfer off-site. Residential dwelling units and transient units may be transferred to another site in the same ROGO subarea, provided that the units lawfully exist and can be accounted for in the County's hurricane evacuation model.
(1) ROGO exemptions may be transferred as follows: …; b. between sites within the Lower Keys ROGO subarea; …; d. from the Big Pine Key and No Name Key ROGO subarea to the Lower Keys ROGO subarea.
In Compliance. The sender sites are located within the Big Pine Key and No Name Key ROGO subarea and the Lower Keys ROGO subarea. The receiver site is located within the Lower Keys ROGO subarea.
(2) No sender units may be transferred to an area where there are inadequate facilities and services.
In Compliance. The receiver site has adequate facilities and services.
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(3) Transfer off-site shall consist of either the demolition of a dwelling unit on a sender site or a change of use of the floor area of dwelling unit on a sender site to another permitted use in the applicable land use (zoning) district that does not require the ROGO exemption and the development of a new dwelling unit, transient unit or affordable housing unit on a receiver site.
Compliance to be determined. All demolition permits have to be issued, closed and all RVs removed on the sender sites
(4) Transfer of Lawfully Established Unit Types:
a. Transfer of a transient unit. A lawfully established hotel room, motel room, campground space, or recreational vehicle space may be transferred off-site to another hotel, motel, campground or recreational vehicle park.
In Compliance. The applicant is requesting approval allowing the transfer of twenty- five (25) transient TREs from the sender site at 201 County Road, Big Pine Key. On October 3, 2016, Development Order No. 08-16 was approved, allowing the lifting of twenty-five (25) transient ROGO exemptions associated with the property without a receiver site and is now the subject of the current request for TRE approval.
The applicant is also requesting approval allowing the transfer of five (5) transient TREs from the sender site at 2 N. Conch Avenue, Conch Key. On December 18, 2007, a Letter of Development Rights Determination had been issued for the lawful determination of 5 transient residential units (RVs) on the property.
(5) Sender Site Criteria:
a. Contains a documented lawfully-established sender dwelling unit pursuant to subsection (a) and recognized by the County; and
In Compliance. On October 3, 2016, Development Order No. 08-16 was approved, allowing the lifting of twenty-five (25) transient ROGO exemptions associated with the property sender site at 201 County Road, Big Pine Key, without a receiver site and is now the subject of the current request for TRE approval.
On December 18, 2007, a Letter of Development Rights Determination had been issued for the lawful determination of 5 transient residential units (RVs) on the 2 N. Conch Avenue, Conch Key property.
b. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay.
In Compliance. Both properties are located within a Tier designated area.
(6) Receiver Site Criteria:
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a. The Future Land Use category and Land Use (Zoning) District must allow the requested use;
In Compliance. The receiver site FLUM is Mixed Use / Commercial (MC) with a Land Use (Zoning) District of Maritime Industries (MI). Both the FLUM and Zoning allow for hotel as a use.
b. Must meet the adopted density standards;
Compliance to be determined. New hotel rooms are permitted on the receiver site pursuant to Sec. 130-85 as a minor conditional use for 49 units or less and as a major conditional use for greater than 50 units. The following table pertains to density and intensity of the receiver site. (a full review shall be carried out upon submittal of an Amendment to the Conditional Use Permit)
Proposed Land Use Density/Intensity: Land Use FAR / Size of Site Max Proposed Potential Density Allowed Used Transient Residential 15 rooms/ 12.17 upland ac 146.04 130 rooms 89.02% buildable ac 1 (9.736 buildable rooms ac) Commercial Retail 0.30 FAR 12.17 upland ac / 159,037 SF 3,728 SF 2 2.34% (medium-intensity) 530,125 SF
Commercial Fishing 0.45 FAR 12.17 upland ac / 238,556 SF 9,987 SF 4.19% 530,125 SF Offices 0.50 FAR 12.17 upland ac / 265,062 SF 5,844 SF 3 2.20% 530,125 SF Light Industrial 0.35 FAR 12.17 upland ac / 185,543 SF 15,642 SF 4 8.43% 530,125 SF Boat Storage 0.35 FAR 12.17 upland ac / 185,543 SF 26,393 SF 14.22% (Light Industrial) 530,125 SF Total 120.4% 1: This is maximum net density (15 rooms per buildable acre), not allocated density (10 rooms per acre), as the applicant intends to utilized TDRs to allow a total of transient residential units that is beyond that allowed by the allocated density allowance. 2: The medium-intensity commercial retail total includes the existing marina store and fuel services building (1,234 SF) and the hotel (1,450 SF) and marina tiki bar and grill restaurant (1,044 SF). 3: The office uses include the existing marina office building (5,024 SF) and marina office space (820 SF) above the marina store and fuel services buildings 4: The light industrial uses include the existing Key West Engine Services building (7,938 SF) and the Artist Cooperative building (7,704 SF).
c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.);
In Compliance. Infrastructure is in place at the receiver property. DRC Staff Report File # 2019-152 Minor Conditional Use (TRE) Page 9 of 10
d. Located within a Tier III designated area; and
In Compliance. The receiver property are located within the Tier III designation.
e. Structures are not located in a velocity (V) zone or within a CBRS unit.
In Compliance. The property is not located within the velocity (V) zone or within a CBRS unit.
V RECOMMENDATION:
Staff recommends APPROVAL to the Director of Planning & Environmental Resources of a minor conditional use permit allowing the transfer of twenty-five (25) transient Transferable ROGO Exemptions from a sender site at 201 County Road, Big Pine Key, previously approved under Development Order No. 08-16, and five (5) transient Transferable ROGO Exemptions from a sender site at 2 N. Conch Avenue, Conch Key, with Parcel ID number 00385780- 000000, to a receiver site at 7009 Shrimp Road, Stock Island, with Parcel ID numbers 00123761-000100, 0123761-000200, 00123761-000300, 0123761-000400, 00123761- 000500, 0123761-000600, 00123761-000700, 0123761-000800, 00123761-000900, 0123761- 001000, subject to the following condition:
1. An Amendment to the Major Conditional Use is required to be approved with LDC sections 130-156, 130-160, 130-162 and 130-164, compliant to density and intensity calculations to develop the additional 30 transient dwelling units at the proposed receiver site.
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