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Memorandum Monroe County Planning & Environmental Resources Department

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Memorandum Monroe County Planning & Environmental Resources Department 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): DRC Staff Report File # 2019-152 Minor Conditional Use (TRE) Page 1 of 10 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 DRC Staff Report File # 2019-152 Minor Conditional Use (TRE) Page 3 of 10 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 DRC Staff Report File # 2019-152 Minor Conditional Use (TRE) Page 4 of 10 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. DRC Staff Report File # 2019-152 Minor Conditional Use (TRE) Page 5 of 10 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
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