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Florida Department of Community Affairs (DCA) has concerns about the Watermark project.  The concerns were raised by a DCA employee at Tuesday's city commission meeting, but because the DCA employee was willing to also express personal opposition to the project, DCA's concerns were discounted by the majority of commissioners, equated to just "personal opinion", and the vote was 4-2 for approval.

DCA's concern is over whether Floor Area Ratio applies, and perhaps the technical definition of "residential" vs "commercial"... or the interpretation thereof. 

Opinions about Watermark are obviously divided.  It's not so difficult to separate rules from opinion.  The neighbors and those supporting them in opposing the project just want the rules to be followed.

From the April 21 Key West Citizen:

State to review condo approval

BY TIMOTHY O'HARA

Citizen Staff

KEY WEST — The Watermark condominium project cleared a major hurdle this week with a 4-2 approval from the City Commission — but state regulators who oversee growth management in the Keys say they have concerns about the project.

A State Department of Community Affairs planner read a letter at Tuesday night's meeting outlining the agency's concerns about the Watermark project, a posh 25-unit condo complex with day spa and concierge at the site of the old Jabour's motorcourt at the Key West Bight.

"The intent of [Historic Residential Commercial Corridor District 1] indicates that the city should apply specific formulas to avoid excessive intensity, to increase waterfront exposure and reinforce the ambiance of the waterfront," DCA Planner Rebecca Jetton wrote. The city's land-use plan "also requires that in-fill development be consistent with the character and scale of contributing buildings," she wrote.

Neighbors say the building is too big and out of character with the neighborhood. Developers say the buildings comply with city guidelines and fit in with the old warehouses and other industrial buildings at the bight.

The project's classification as residential is also ambiguous, DCA officials say. The city calls it a residential project, but opponents of the project point out that the condos, which go for $1.5 to $3 million, can be rented out on a short-term basis. They call the project commercial. There is some contradictory language in the city bylaws about what is commercial and what is residential. City Planner Ty Symroski says hotels can be considered residential.

The debate about whether the project is residential or commercial is crucial to the argument about floor area ratios complying with city regulations. Floor area ratio is a measurement used by architects and planners to measure a project's density. It compares the total building square footage with the total site area.

Floor area ratios in the zoning district where Watermark would be built can only be 1.0, according to the comprehensive plan. Floor area ratios for the project are 1.2, records show. However, city floor area ratio regulations have never been applied to residential projects, Symroski said.

"The department agrees there is some ambiguity between the [comprehensive] plan and the land development regulations, however when there is a conflict, the comprehensive plan controls," Jetton wrote. "The department has encouraged the city to consider amending land development regulations rather than approving variations from the requirements of the plan."

The letter came after Jetton received several complaints about the project, she said.

"Our concern is that they have not seen the updated plans and that they are only hearing one side of the story," said Bobbi Holland, a spokesman for the development firm Cortex Companies. "We are confident that we will resolve all of this on our end."

The DCA has 45 days to review the project and make recommendations or deny approval of the project, Jetton said Wednesday. Because the Florida Keys are an area of critical state concern, the state reviews all local land-use decisions.

tohara@keysnews.com

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