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Item B1 B1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 Special Board of County Commissioners Meeting Meeting February 15, 2024 Agenda Item Number: B1 2023-1073 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith/Hawks PL on behalf of Cemex Construction Materials Florida, LLC. ITEM BACKGROUND: On March 23, 2022, the Planning and Environmental Resources Department received an application from Smith/Hawks, PL (the "Agent") on behalf of Singletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC (the "Property Owners" and "Applicants") and The Vestcor Companies, Inc. and Blackstone Group — Tavernier 925, LLC (the "Developers") to amend the Monroe County Land Development Code. The initial application and proposed text would establish the Tavernier Key Commercial Overlay District to allow for a nonresidential ROGO (NROGO) allocation of up to 70,000 square feet on property located at 92501 Overseas Highway, Key Largo, with parcel identification numbers 00490250-000000 and 00089490-000000 (the "Property"). The Applicants have submitted multiple amended and restated applications and revisions to the proposed text since the initial submittal. The current amended and restated application (the "Application") was received via email on November 20, 2023. The proposed text was most recently revised and resubmitted to the Planning Department [via email] on January 19, 2024. The amended text as it is currently proposed would establish the Tavernier Commercial Overlay ("TCO") District (the "Overlay") and allow for an NROGO allocation of up to 49,900 square feet, which could allow for the development of a 49,900 SF commercial supermarket, including a liquor store, on the Property. Please see attached Staff Report for item background, proposed amendment 4 language, and analysis. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: The Monroe County Planning and Environmental Resources Department's professional staff recommends that the BOCC CONTINUE the Applicant's request to amend the Land Development Code ("LDC") establishing Section 130-143, the Tavernier Commercial Overlay District, until such a time that all current requests to amend the Comprehensive Plan, Land Development Code, Future Land Use Map and Land Use District Map, and the proposed Development Agreement, are processed and prepared to be heard at the same BOCC Hearing to ensure consistency of all concurrently proposed amendments relative to this Property. In the event that the BOCC elects to vote on this item at the February 15, 2024, public hearing, the Planning & Environmental Resources Department's professional staff recommends DENIAL of the proposed amendment to the Land Development Code establishing Section 130-143. DOCUMENTATION: BOCC SR2.pdf Exhibit 1 PC Resolution.pdf Exhibit 2 PC Resolution.pdf Exhibit 4 Draft Ordinance.pdf Proposed Revised Languate Cemex LDC Overlay.pdf FINANCIAL IMPACT: N/A 5 1 r 2 3 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT 9 10 o: Monroe County Board of County Commissioners 11 12 Through: Emily Scheer, AIC , CFM, Senior Director of Planning and Environmental 13 Resources 1 15 From: Cheryl Cioffari, AICP, Assistant Director of Planning 16 Devin Tolpi , AICP, CFM, Planning and Development Review Manager 17 18 Date: January 23, 2024 19 20 Subject: An ordinance by the Monroe County Board of County Commissioners amending the 21 Monroe County Land Development Code to establish Section 130-143, creating the 22 Tavernier Commercial Overlay District, including the purpose and intent, boundary, 23 applicability, and NROGO allocation standards, as proposed by Smith/Hawks PL on 24 behalf of Cemex Construction Materials Florida, LLC (File 2022-053) 25 26Meeting: r 5,2024 27 28 29 1. REQUEST 30 31 On March 23, 2022, the Planning and Environmental Resources Department received an application 32 from Smith/Hawks, PL (the "Agent") on behalf of Singletary Concrete Products, Inc. and Cemex 33 Construction Materials Florida, LLC (the "Property Owners" and "Applicants") and The Vestcor 34 Companies, Inc. and Blackstone Group—Tavernier 925, LLC (the "Developers")to amend the Monroe 35 County Land Development Code.The initial application and proposed text would establish the Tavernier 36 Key Commercial Overlay District to allow for a nonresidential ROGO (N ) allocation of up to 37 70,000 square feet on property located at 92501 Overseas Highway, Key Largo, with parcel 38 identification numbers 0090250-000000 and 0008990-000000 (the "Property"). The Applicants have 39 submitted multiple amended and restated applications and revisions to the proposed text since the initial 40 submittal. The current amended and restated application (the"Application") was received via email on 1 November 20, 2023. 42 43 The proposed text was most recently revised and resubmitted tote Planning Department [via 44 emaifl on January 19, 2024. The amended text as it is currently proposed wouldestablish e 45 Tavernier Commercial Overlay (" ") District (t "Overlay") and allowfor an NROGO 6 allocation of up to 49,900 square feet, which could allow for the development of a 49,900 7 commercial supermarket, including a liquor store, on the Property. 48 BOCC SR 02.15.2024 Page 1 of 25 File 2022-053 6 I In the application that was submitted on November 20, 2023, the Applicants state the reason for the 2 requested amendment is: "LDC Section 138-51 (b) provides a maximum nonresidential floor area 3 allocation of ten thousand square feet (10,000 sf) and Section 138-51 (c) prohibits an allocation of 4 nonresidential floor area that expands the structure to more than 10,000 square feet of nonresidential 5 floor area, excluding: a) a structure in the Urban Commercial (UC) land use (zoning) district may 6 receive an allocation that expands the structure to not more than 50,000 square feet and b) a structure 7 within an overlay district established in a community master plan, in which the maximum shall be 8 governed by the master plan if applicable, or within Chapter 130 specifically allowing such a structure 9 of over 10,000 square feet. Notwithstanding the standards contained in section 138-51(c), the proposed 10 revised amendment permits an NROGO allocation of up to, but not exceeding,forty-nine thousand, nine 11 hundred square feet (49,900 sf)for specific mixed-use properties in Tavernier that make up the overlay 12 district, and will allow for the construction of a Publix grocery store, including a liquor store, that fits 13 with the architectural design and community character of the City of'Tavernier that it will serve." 14 15 The Applicants' full explanation and justification of the proposed amendment is included in the file for 16 the application (File 2022-053). 17 18 Concurrent Applications 19 File 2022-054: A corresponding Land Use District (Zoning) map amendment for the Property to apply 20 the Overlay. 21 22 File 2022-012: A request for a Major Conditional Use Permit to develop the Property in two phases. 23 Phase 1 of the development proposal includes the construction of 64,080 square foot grocery and liquor 24 store (a commercial retail use). Phase 2 of the development proposal is the development of 86 attached, 25 deed-restricted affordable housing dwelling units. Pursuant to LDC Section 139-1(f),any nonresidential 26 development subject to the inclusionary provisions of the LDC are required to obtain certificates of 27 occupancy on said deed restricted affordable housing prior to the resulting nonresidential use and 28 structure. As of the date of this report, a revised application and plan set has not been submitted with 29 this file. 30 31 File 2023-205: A request to amend the Monroe County 2030 Comprehensive Plan to establish a site- 32 specific subarea policy on a portion of the Property. As of the date of this report, this application 33 remains incomplete. 34 35 File 2023-206: A request to amend the Future Land Use Map(FLUM)on a portion of the Property from 36 Mixed Use Commercial (MC)to Residential High(RH). As of the date of this report,this application 37 remains incomplete. 38 39 File 2023-207: A request to amend the Land Use District (zoning) on a portion of the Property from 40 Suburban Commercial (SC)to Urban Residential (UR). As of the date of this report,this application 41 remains incomplete. 42 43 It should be noted that the proposed text references a development agreement as being required 44 for any development within the proposed overlay. As of the date of this report, an application for 45 a development agreement has not been submitted. 46 47 48 49 BOCC SR 02.15.2024 Page 2 of 25 File 2022-053 7 "Jaw AM J'A im W" irma It NAN&[PIA o's V .. ........ W"A(�01', R XT, ,j I Historic Aerial Ima er of the Pro er Ty ! is qI� Nr: " V7" .A 2 3 Subject Property (image dated 1968) Subject Property (image dated 1975) 4 lr�s 5 6 Subject Property(image dated 1994) Subject Property (image dated 2002) 7 8 Concept Meeting 9 In accordance with LDC Section 102-158(b)(1), a concept meeting was held on June 28, 2022, and it 10 was determined that the proposed text amendment will not have a county-wide impact because the 1 1 proposed amendment is limited to a portion of Tavernier. 12 13 Community Meeting and Public Participation 14 In accordance with LDC Section 102-159(b)(3), a community meeting is not required for Land 15 Development Code text amendments that do not have a county-wide impact. However, a community 16 meeting is required for the accompanying Land Use District Map Amendment Request(File 2022-054), 17 which is requested to apply the proposed overlay to the Property. The Community Meetings for File 18 2022-054 were held on August 18, 2022, and on January 5, 2023. Concerns from the Community 19 Meetings included, but were not limited to: 20 ■ Inconsistency with community character and the Tavernier Livable CommuniKeys Plan; 21 ■ Increased traffic and the associated negative impacts; 22 ■ The County's insufficient balance of ROGO Allocations to accommodate the development 23 request; 24 ■ Access off US I; and 25 ■ Negative environmental impacts 26 27 Development Review Committee Meeting and Public Input 28 On October 25, 2022, the DRC considered the proposed amendment and provided for public input. On 29 November 14, 2022,the Chair of the DRC signed Resolution No. DRC 13-22, recommending DENIAL BOCC SR 02.15.2024 Page 4 of 25 File 2022-053 9 I of the proposed amendment to the Land Development Code establishing Section 130-143 to the Planning 2 Commission and Board of County Commissioners. 3 4 Planning Commission Hearing 5 On April 28, 2023,the Planning Commission passed and adopted Planning Commission Resolution No. 6 P16-23 recommending DENIAL of the proposed amendment to the Land Development Code 7 establishing Section 130-143 to the Board of County Commissioners. 8 9 At the Planning Commission hearing, comments from the public included a concern that the proposed 10 affordable housing component of the project (86 affordable dwelling units) would not be built. Bart 11 Smith, on behalf of the Applicant, indicated that the Applicant would include language in the proposed 12 text amendment that the affordable units would be required to be built 2dor to the proposed large scale 13 retail building,and confirmed that the Applicant acknowledges that they are responsible for securing the 14 required ROGO allocations for the proposed units and would be willing to include language stating such 15 within the proposed text amendment. 16 17 rt xcsrptrom page 10 (public comment) of April 28, 2023 PC Minutes: [TG,�'�ve Tar;aXy i i=ee a Tot oT tr ME c rullt"i gm 0a t I o n, ie act t at t ie app icnt is oing ari affordable housing project seems to be the controlling thing here,when in order to do this they're f 01 r r equired to have an affordable housing component,, It is secondary to theirs but it shouldn't be se secondary to the community. It should be phase one.. as she is concerned that asphase two it may never get done. This is not something acceptable to the community character of Taverme or there wouldn't be this many people here participating. Ms. Miller thanked the Commission for listening. 18 ..._- __.wwwwuwmww a mmu mmmummmmmm1 19 Excerpt from page 15 of April 28, 2023 PC Minutes: WERENUM MINIM Ms. Schemper had been surprised at how strong the argument came across regarding this retailer being the economic engine needed for the affordable housing. The meat of the amendment allows the large non-residential structure, It's really not written to guarantee that any housing is there. The question would be for the applicant, if they would be willing. to write into the amendment somethmg about the affordable units being required where the ROGOs are coming from,what happens if you don't get the ROGO allocations. et cetera. Mr. Smith responded that they would certainly write in that they were required because if they're required to be CO'd. then the applicant has put themselves 'in a position that if they don't get them built, then the other part can't occur. Ms. Schemper asked if the owner would then be suing the County because the applicant wasn't given ROGO allocations. Mr. Smith stated it would be tip to the applicant to obtain the development rights. They have talked tote Village of Islamorada who is amenable to do an I to provide the units because it's in their back yard. So, by any mechanism necessary but the applicant is required to obtain the development rights. Ms. Schemper asked if Islamorada had 86 affordable ROGOs or market rates. Mr. Smith stated they had the 300 July ones. Nis. Schemper stated that currently, those are not allowed to be transferred to Monroe County per the Monroe County ordinance. Mr. Smith stated that that ordinance was not effective yet and was on appeal, Ms. Schemper stated that was the same for Isla mors da. Mr. Smith stated that as soon as the hurricane evacuation was addressed, then that's final, whereas Monroe County's was appealed on, on numerous grounds. But the applicant acknowledges they have to be able to get the development rights. Nis. Schemper asked if that would be something the applicant would be willing to write into the amendment. Mr. Smith confirmed that to be correct, it was always the intent on that. The two parts work in unison with the commercial retail buying down the cost oft e land to make the affordable housing feasible. 20 BOCC SR 02.15.2024 Page 5 of 25 File 2022-053 10 I It should be noted that amendments to the version of the proposed text that was reviewed by the 2 Development Review Committee and Planning Commission were submitted on May 25, 2023, 3 November 13, 2023 and again on January 19, 2024. The most recently revised text includes a reduction 4 in the amount of allowable NROGO allocation from what was proposed and discussed at the Planning 5 Commission Hearing. The submitted changes to the text are identified [in on°,;nng �exi] below in Section 6 11I. 7 8 Previous Relevant BOCC Action 9 On September 16, 1988, an Application for a Land Use Map amendment from Suburban Commercial 10 (SC) to Industrial (1) (File# M9315) was received by the Planning Department. It appears that this file l l was never processed because it was submitted when the new Comprehensive Plan was being drafted and 12 the pending application was put on hold and eventually closed. 13 14 On June 30, 2003, a Letter of Understanding (LOU) was issued, to address the potential construction of 15 300 affordable housing units on the Property. A development application nor approval followed the 16 issuance of this LOU. 17 18 III. APPLICANTS' PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS 19 20 The Applicants' proposed text, as submitted on September 22, 2022, is shown as follows: additions are 21 in blue Linder V„ni'ue„o Following the Planning Commission meeting on April 28, 2023, the most recently 22 revised text submitted on January 19, 2024 is shown in rn rm.��. t'r��,11�J�� unit, r hn, with deletions � .�+��; 4--ti ... , _ 23 24 25 Chapter 130— LAND USE DISTRICTS 26 27 ***** 28 29 ARTICLE IV.—OVERLAY DISTRICTS 30 31 Sep. ommmmmmem•eial OvemKKla I j trick 32 33 (a) Pnmm .pose and ,mmtmmmt. "C'll ur m mle tic Tnmvennnen 1 �.f ._ ol�su r ,l .�t.. v maa � is irl t� ls to �.P v 34 u 2u��lm rpLic2ble _ n�^ct 4,n l ies slhe nsive Plan and to allow.._.35 1 n qE_5_gale �Lgrt�r>�mencnal...wreta.uI, vc�ttpurn nl_�a3m scar~ified are�nww wf the U)!L�°_IV,e _t�-� t_1arl���,a hil� 36 serves theneeds of Fa(LirmngLii�ziit as sidents of'th w�1pp it &� �„"�M ohm intent is to g�r�avud accessible 37 nec ssiti s 1. 1�enntsnentresidents of tkqe._I n K�gy� whnlc "l�r ,:rurF r,��_li rk•,�Gr l�r ll�b�;�F Yr.:r,r � ,a ,:-� 38 �.,lr,� � .n��, i' ,""ia"r . ..�t z�r a'mnan tau i�4lpe clliaractem o a'vemiiier. 39 40 i(b) .....!,'he'Favernnner ld��sae('omrnercial 0 erla Ljistrict shall be,shown as an ok4verla di�stnict 41 on tllue Offi nal l and I.J,e 1) strnct n��?��w�44w o pnuap "�'IWme T vernuuett_1 . v Commercial Over�y� istriet ..... 42 �1ra11 be sluo n as the boundary,of the laanc ;l.' 'With„Monroe Count 1�an�.�_1...➢,1 numbers 00 d.90250- 43 000000 and I1I10S��490 0000001 and �{r° �r�.(nnd� in the 44 45 46 47 BOCC SR 02.15.2024 Page 6 of 25 File 2022-053 11 I )Q VIr)41LOCnL 'A itj-W W Fa erflrle s[i,,tuH be 2 hC FoIC( "v c r j St'a111% ,�,�t..N.,e 3 CEO ffne lard Use l�-A 4 Sh, v"r n U11 f'T"I,c l tlr<<} �? , b, l_tr�,e°� dla 5 °'iIIIMj4.,71�)I1lE ,`_1y.�6�;1(tY �wllf�,i�1E. �6i,( `allhi(IY t P;, y aaC �,��'°1GIVv.;C. ` IY.(P4 �'1l.` D �.4��.,�a1 10 hc,,, f64"}'If` a1.1CJ C,6,WG"16kfP1 Fn, Y�C 'u I f 'p'r I"time♦ 7 kY rl�rfrl,r�,lef �.),Ilcn rt; w _ < �[,�ri�l�lr,�f cl� .yry�o(ru,ir, (I 11��:}� I .t� 1 14�� � � J. ,�.v III�;'I�ryr,fr,�; _._ _ _ r� r�rfle 8 - 9 V",t P v i ' III ("o r 1h rail WC k IYITgG".r 1 "knT rlsl'JC'w,�, IV"flf,�>fL 10 l wr°ell"p FWIl..i',I,1 " (<}I W r�Wl'Y�l('si� ly YIk��E 7 Q7f l.�Y,(, r,'w,o I IOP'u?; 11 I�wl.'V ;� ) kC°;� ad.( ,6t<� 1(11Y P"IIfJ��Ilit ICl,� tll� fo)IC� `ot0e„i=�h fCI 1�( ft" it ;�, <II,I w-,k�1,f�.a,ll.l�a`,CJA r {a 1 .... 12 yt�rllt 13 ( q 14 yr1y I<1mat l y; AJ rs ,; I. k(t`,`9E'll1 rnd_ 1� t4�CIrC"._J JP`t� eflp'.� for IJlt _.._..._ 15 vyl wa=, Il.ly ........ 1'rr_Ar1 iC K v L 16 ik if Ou'do"or, in "z� WJ�I.I�ECf �(� �rJ] IlBNr�i€I`. rlt ¢`r( 1d,ll Vyrl l 1 14,, 17 /0 IF Io,` Q s u c 1"I Ii`w7,C'ItIII `t, 1,� It lll.ehl (Pr6. IBt.rtx hnuu) w 18 TlrlM,. n lalmmrrrrd in kurlumdRs 41 alr liar pp 19 Q,Prx.P,.�. 1r. rlrrl Ir�t.IlG�ktar u,,� tllw ef ,o°rla „nlly�E1 mg jymed . .,Ir? 1irj Ito, r°Lltr,f'1e 20 kid _ Yoh W (i.yIIO.Y,4rr: (;I_i17e_ 21 Il1r ti{®t(111 Ill�m nC' 1"iIC�'vI("Je I p, �'✓ GI"��(r€„ 11 rYlVll1 ". 22 23 i, 61itninjoy Wes Moms to M. I shall pL'I,IWr,W a (Am'` E v6ul.lPt;; rd..oql,l.Jor ka-C, R l 24 4. 1A Feu r.'krimn Ire <&Abe jarrnlrwd Ire umttAtiime 4;ti;rkr Liar Irennitux'I EurL'[ a;tr�trl,lZl���r�wrf ri��rt 25 .rgr,l , ll«crr�. rtf I��r,k,l r TWO, ,`�thii�Y�.� III,,Y`r�rlrrlt��.,�'l tr,.rrrlrLlll,�r�l�r, 26 " WAC°9aubd uW q"m nu Iie['I E 'lliMn tpl("' 27 Vr"oflJH,-a E"loflumfEYrIY1111ti: ��, GG ir i�1,I 1�.�", °r �(�III�f �C16." ��E �u. �fl�' i 'I(fJl' 6',�,I to lu'I1 ..IIP ��QUt. 1 28 c trl.�rty. llrrl ��li�J� [,;kri �,�I I,Lr,IrIIII;J jr„r,`�Ylrl is I ,�iraE� Ctl �lr.,. IIErr6C4,.... k I 29 ... 30 310 � G �ti auwd a� Dm C^G •P� N �rv �dk a'.�. 1a 9wlwtt1v k au Qf1�&0u4 Martllul< r �^�, "�+f�?& i as@u�� r1 a� VP,k�•d•V 32 �firt. w"��'°r'. P¢q,'µ „"�a,�rq• .� r�5t�P4P�n.; fi," �1 "4 �a.�,,^.�1 Cd� ': , �4�1i '� K��" �4 � .` 4rr ��9 ( �; �bP� ren^a..� �� v � ,WIY46 33 Y@ 34 35 36 � p4N,.aln. u.rKlrr,:��!Atil 37 1 rf1.n WH he no arll,r,r°w ed or IlWabr= m den II 38 kFl. �.". r 1" 1rsl6Y`il( lYi_'{ �'6'I{Ifll.'r lklllr`r. 39 j uY 4.rr kq DIsuict shall b 1ixllit.ti�6.,1 P.r, au I�rr,��l��olillrlc� �rxE<�l F.I�.� r;�l�.wq°rr�ltE°i��or;. 40 41 Y. 41u900Saa,l;�. 9v,�y°t �.rl`Ilr.rlll�,.r��l�C� IItIE.�I, ll�r6.rl ,.�rEa;r: rrr�G 42 Ids. QQr,,dj rtPr.;,,,,_u1 ��rGP�f rr�r�� Irarll�Elcifx, r.i��,�,a°llrlr_Y ur lll.�,; Ir.Gtr 43 C �sLlll�ti�.l.. 44 _. 45 e) NROGO AlbeafonsNf,IrrFitlt.rr� r�r�lrro.ra "b,to_u.,t,r�rcl I 3 w`;I Lhc '1'��vermicr �v r,.� aTnnq r�u��1 2vjg °�m� : -.. 46 nn l�( C;(" Lil ocatioiu �tari(tar(is y sr�,✓i�.ir.rJ. 46bd-1 0 47 sml,SQQOIIOI o"V,4 aM juld (h) 1t, KUd:.. BOCC SR 02.15.2024 Page 7 of 25 He 2022-053 12 1 2 N/laxiiwniarti„allocatimi of iioriresidou dal i����ararea, The i.A.��.:���.nr.�u�rr�����t� ��i�t� ii� -II nonres�den aI 3 floor area to l.ae ailloc ted transferredor.. to l�ve„ ,.�.a�l"Jernie �_= w.Conirnerc,W �lv�r District 4 sh aH;..be liriiited to �a nia ii]IILIM O 0 4> A� �..� .. 5 ,: C'^ ax.iniu m floor area taare. .i, (df'A^ l",IIY"� Pl, irf I,s� 6 i,n j ii i, stra�c_hire itlj n th Tave mien:... C,,,a�u�ameii C.._p.aal .Our .11District shall n,anitte 7 Lo rec6ve an allo aali< a h ,jnds tIhaastructure to rnore than I 0 QQQ s Lmre feet, but riot to 8 exceed a.rnax.hila~ui :..._o �,i.vi 11..1... ��1 �,���`� F, aiaaa~a Meet of inoTiresia�ential floor area, 9 10 (i) ' ���fY1',i, "wol'[["l11, -if�{�� �1,; 1.' 1�< <.; J�iJ .i `.'Jn1 ( 111E 1�1,` k j ,� f I r IJ:Jo "" 1.l"I J}'I 10) 1)')O s IPIJf°jroi i I,IY1�ra" ti .. 12 13 14 15 16 t! 104.fib r:7qu }r � �.rii i.j.(,r,. .Y...1 i.r.�;@ �.,-06[.,. r�«m if�l,i .�i.,j .ii �,,i ,y'M S'�.etl .k,'ti"�, , �*:."�.;"�2i'a� p.¢ :.,ry i�ila++i� 1^T,, 4`r ��n,X F.r y.P.}:: Vd,7k•1 i'd.ti,i��4.{:(:Fez 17 18 I<l) flI, 0kftl I1'P` {r f1 # �I"d�„1 �`,�` r,rr['�r 1 Io Il[f„ k U' ril 20 ""[ili J11 M i W �.MWIII Y 1 1'V 1( ;11Lf,' ' 1 �I,II <<,IIII+iili„f�1, 21 no, off 'd 22Lfl� 23 24 (h) I iI,[ to II��e I .,II,EJP r_^ r,� ,I 25 0'10 1 L� i - 26 27 of ? )C' . I.... 28 ..............(( 29 t 0,t f`' it Irl „f1 l� Ilil'i serf �� U'fl[ flkil rt it f� �.1; ii '{(i��yi, .., v J .,, 30 31 32 i a.' �0 r1�a iu+ b4 r ti�ariaaaa� ��a kia1�P0 q!,J'w......... ..... .... 33 �1apa�1h YYr MIQiBMr� iaho � : f� �a14 d 4ie�iNa a" 5 4d r4al al �a1k7fii i.p:G�ra ryi riaat " 4�n014i �i M6� 5.�u*t .. „_ ........ ... .. _,.. ..... . .._ ,,,,, ... .. .... _.. .. ....,_ ..... ..... ... .......... ,.... ..... __... .,.. 34 ,64 1�'i wIv &(4 afil u' °M i�" 35 �ar� aRnaiy a l i� ofa �� a i�.�48f rindM1GryaT-��1Si°.a.., a�;i �1.M1v�� �q r.1fi+UIP�:;� 36 37 (i) 11 '1r„'-j I' Pi'Wa'[ . (J,s (rj d� 1_ �_-�Jlirj"11' Il ,fi: (fir, ����a,V,1f. J ,r,, :°f ISIC�� ],i �.,rl"il/° ('11')dr[r'f 1j'fflkc.,,s 38 ((i ,lIk .11.lw.f'd UIf^J 11a6<�I1"IC 39 d >( etl ,i :1 ff t 40 41 42 ***** 43 44 Staff has reviewed the proposed amendment and in the event that the BOCC chooses to adopt 45 the Overlay, Staff recommended changes are included as Exhibit 3 to this Staff Report and are 46 reflected in the draft Ordinance. BOCC SR 02.15.2024 Page 8 of 25 File 2022-053 13 1 2 IV. ANALYSIS OF PROPOSED AMENDMENT 3 4 Proposals to amend the text of the Land Development Code are reviewed in accordance with Chapter 5 102,Article V.Land Development Code Section 102-158(a)specifically identifies the purpose of Article 6 V Amendments and states: 7 8 Purpose. The purpose of this article [Article V- Amendments] is to provide a means for 9 changing the text of this Land Development Code,which also includes changes to the land 10 use (zoning) district map and overlay district maps. It is also intended to add to the 11 statutory procedures and requirements for changing the future land use map (FLUM) at 12 the transmittal stage. The process for changing the text of the Comprehensive Plan shall 13 follow the process established Chapter 163, Part 11, Florida Statutes, and shall require a 14 Concept Meeting as detailed in subsection (d)(3) of this section, and shall provide for 15 community participation as specified in Section 102-159(b). This article is not intended 16 to relieve particular hardships, nor to confer special privileges or rights on any 17 person, nor to permit an adverse change in community character, analyzed in the 18 Technical Document(data and analysis), but only to make necessary adjustments in 19 light of changed conditions or incorrect assumptions or determinations as 20 determined by the findings of the BOCC. In determining whether to grant a 21 requested amendment tote text of this Land Development Code, or land use 22 (zoning) district map, or overlay map, the BOCC shall consider, in addition tothe 23 factors set forth in this article, the consistency of the proposed amendment with the 24 provisions and intent oft a comprehensive plan and consistency with the principles 25 for guiding development in Section 380.0552,F.S. [emphasis added]. 26 27 Staff is reviewing the proposed amendment for consistency with the County's Comprehensive Plan, the 28 Tavernier Livable CommuniKeys Plan, internal consistency with the Code and State Statutes (including 29 163.3187, F.S.,), Rules, and balancing all the requirements and policy issues. 30 31 Comparison of Development Potential 32 The Property is currently located within the Suburban Commercial Land Use (zoning) District, Mixed 33 Use/Commercial Future Land Use,and is designated as Tier 3 on the County's Tier overlay map. Under 34 the existing zoning requirements, both commercial retail and employee housing dwelling units are 35 permitted uses.The primary change that would result from adoption of the proposed overlay is the ability 36 to construct a nonresidential structure that is over 10,000 square feet, up to 49,900 square feet, with 37 receipt of that nonresidenital floor area allocation within a single allocation quarter[for properties within 38 the overlay]. 39 40 To better understand the Applicants' request, below is a summary of the maximum development 41 potential of the Property based on 14.04 acres (611,384.2 SF) of upland' under the current Code as 42 compared to the maximum development potential under the proposed text amendment: 43 Nonresidential Square Footage(SF) MaxNetDensity Allocated Density Existing Code Commercial retail: 202.11 units 42.11 units Upland acreage is based on survey completed by Massey-Richards Surveying&Mapping,LLC and digitally signed by David S. Massey on May 26,2022. BOCC SR 02.15.2024 Page 9 of 25 File 2022-053 14 (ref. LDC Sections Low intensity: 213,984 SF 130-157 and 130- Medium intensity: 152,846 SF 164 High Intensity: 91,708 SF Proposed Code Commercial retail: 202.11 units 42.11 units (ref. LDC Sections Low intensity: 213,984 SF 130-157 and 130- Medium intensity: 152,846 SF 164) High Intensity: 91,708 SF 1 2 Maximum NROGO Allocation Maximum Square Footage(SF) Existing Code 10,000 SF/Allocation Quarter 10,000 SF/ Structure (ref LDC 138-51 Proposed Code 49,900 SF/Allocation* 49,900 SF/Structure; and/or (ref.proposed 49,900 maximum SF within overlay LDC Section 130- 143 * The maximum nonresidential floor area to be allocated or transferred to the Tavernier Key Commercial Overlay District shall be limited to a maximum of 49,900 square feet. 3 4 The Applicants' proposed text would relax the development restrictions within the Overlay by allowing 5 for the potential NROGO allocation of up to 49,900 square feet within a single allocation quarter and 6 for a single structure as opposed to a maximum of 10,000 square foot per structure as set forth in LDC 7 Section 138-51. As currently drafted, it is apparent that the intent of the overlay is to limit the 8 nonresidential development potential of the Property to no more than 49,900 square feet of 9 nonresidential floor area and 86 units of deed restricted affordable housing. 10 11 It should be noted that as of November 16, 2023, there are approximately 33 affordable ROGO 12 allocations available. Therefore, there is not currently a sufficient number of ROGO allocations 13 available to develop the 86 units of affordable housing referenced throughout the Applicants' 14 concurrent applications for development. The Applicants are aware that there is not a sufficient 15 number of ROGO allocations currently available for the proposed project and that the County 16 cannot guarantee that additional ROGO allocations will become available for the Applicants. 17 18 Traffic Review 19 Due to the specificity of the proposed development through this application and concurrent applications, 20 Staff requested that a Level III Traffic Study be submitted, reviewed and approved before the proposed 21 text amendment be considered by the Planning Commission. A Level III Traffic Study was initially 22 received by Staff on November 10, 2022, updated in February 2023, May 2023, November 2023 and 23 again January 2024. The Study and subsequent revisions have been forwarded to the County's 24 Transportation Consultant ( AECOM ) for review, with the most recent review comments dated 25 November 21, 2023. 26 27 As of the date of this report, the comments that remain outstanding are listed below: 28 29 1. The TIS states that the Liquor store is located within Publix but will have its own entrance and 30 not be accessible from Publix. Please confirm whether the 2,100 sf liquor store is part of the 49, 31 340 sf supermarket or not. If part of the supermarket, then for trip generation purposes the 32 supermarket square footage needs to be reduced. BOCC SR 02.15.2024 Page 10 of 25 File 2022-053 15 1 2. ITE Trip Generation Manual provides both average rates and fitted curve for the proposed land 2 uses. Fitted curve seems to generate more daily trips for the proposed land uses. Please confirm 3 why average trip rates were used as opposed to the fitted curve? 4 3. Overseas Highway/US 1 & Project Driveway intersection evaluation discussion in the TI 5 indicates that once the site is fully developed, occupied and operational a signal warrant 6 analysis will be conducted. Considering that a new signal will have an impact on US 1 traffic 7 flow, Monroe County in general does not prefer adding new signals if a less restrictive improvement(other than a signal) can accommodate the traffic demand. As such, we 9 recommend including an assessment of potential impacts to US I traffic flow as part of any 10 future analysis or studies related to adding a signal at this location. Also, considering a recent 11 signal at Burton Drive which is approximately 950 feet from the project driveway location and 12 access management spacing requirements, a signal at the project driveway may not be 13 desirable. 14 4. As indicated in Table 6, Segment 21 (Plantation) is projected to be overcapacity. The shortfall 15 of 76 daily trips in Segment 21 must be mitigated. As indicated in the previous comment/ 16 responses and discussed at the March 27, 2023 meeting, the applicant should develop specific 17 mitigation measures consistent with the LC Section 11 -2(a)(I) . 18 5. As discussed at the March 27, 2023 meeting between the applicant and Monroe County,the 19 method of using Placer. Ai data to offset capacity is not consistent with the industry standards / 20 procedures and L C Section 11 -2(a)(1) . 21 6. The truck turning paths show the trucks making turns from the through lane (not from the 22 dedicated turn lanes). Please review and update as needed. Also, please be advised that the site 23 plan as presented may need to be changed according to the Monroe County and Tavernier 24 Design Guidelines. As such, there may be additional comments during future reviews. 25 7. Please confirm if the timing/phasing used as part of the Synchro analysis for US I and Burton 26 Drive intersection is the latest/final signal timing obtained from FDOT. 27 Based on the trip generation numbers provided in the submitted Revised Traffic Study, it appears the 28 daily trip generation is as follows: 29 30 ITE Code 220: 86 units * 6.02 = 518 daily trips 31 ITE Code 850: (47,240 SF/1000) * 97.77=4,619 daily trips 32 ITE Code 99: (2,100 SF/1000) * 107.21 =225 daily trips 33 34 Total= 5,362 daily trips (without excluding pass-by trips) 35 36 37 This calculation does not include any "internal capture" that may exist between the proposed residential 38 units and nonresidential square footage. The submitted Level III Traffic Study goes on to provide a more 39 detailed analysis of the daily trip generation, potential impacts to affected segments of US 1 and potential 0 impacts to relevant intersections. 1 2 If the proposed LDC text amendment and corresponding LUD Overlay map amendment are approved, 3 these comments would be addressed during the major conditional use approval review process. As of 4 the date of this report, the Applicants have yet to propose any mitigation measures consistent with the 5 requirements set forth in L C Section I 1 -2(a)(1)b. The Applicants' assert that with the addition of a 6 new Publix at the Property, less vehicles will be traveling through Segment 21 (MM 86.0 —MM 91.5) 7 as the existing customer base that lives within Segment 22 (MM 91.5 to MM 99.5) would "transfer BOCC SR 02.15.2024 Page 11 of 25 File 2022-053 16 I nearly all of their supermarket shopping trips to the new Publix store in Tavernier." Although this may 2 be a compelling argument, there are two major flaws. First,this type of analysis has not historically been 3 accepted with regards to mitigation. Second, there is nothing in the proposed LDC Text Amendment or 4 corresponding applications that would only allow the development of a Publix Supermarket. Rather, the 5 proposed commercial retail space could be occupied by any number of existing or unknown businesses 6 or corporations, as the LDC does not and cannot regulate or require a specific business to occupy the 7 Property. 8 9 Consistency with the LDC 10 In accordance with LDC Section 102-158(d)(7)(b),the BOCC may consider the adoption of an ordinance 1 1 enacting the proposed map and text amendments to this Land Development Code based on one or more 12 of the following factors: 13 14 1. Changed projections (e.g., regarding public service needs) from those on which the text or 15 boundary was based; 16 17 Per the Applicant:No response provided. 18 19 2. Changed assumptions (e.g., regarding demographic trends); 20 21 Per the Applicant: No response provided. 22 23 3. Data errors, including errors in mapping,vegetative types and natural features described in 24 volume 1 of the plan; 25 26 Per the Applicant: No response provided. 27 28 4. New issues; 29 30 Per the Applicant: No response provided. 31 32 5. Recognition of a need for additional detail or comprehensiveness; or 33 34 Per the Applicant: "The proposed Overlay is based on a need for additional detail or 35 comprehensiveness. The current Code has provisions that encourage overlay districts to be created 36 to benefit and promote the character of the community in its development. Permitting the Overlay 37 furthers the objectives of the Code as it encourages the orderly development and construction of 38 commercial structures or buildings thatfit with the architectural design and community character 39 of the Tavernier community. The Overlay encourages sound, attractive, and practical procedures 40 for the Tavernier community, and such provisions will result inflexible planning that benefits the 41 community the Overlay will serve. 42 43 Staff does not support the claim that the proposed text amendment to the Land Development Code 44 would address a need for additional detail or comprehensiveness. Alternatively, it appears that the 45 proposed amendment would be creating inconsistencies between the proposed overlay and the 46 adopted Land Development Code and Comprehensive Plan. 47 48 To address the concerns of inconsistency, the Applicants must address the following two (2) main 49 issues: 1) consistency with the Tavernier LCP and Mile Marker 97 U.S. Highway I Corridor BOCC SR 02.15.2024 Page 12 of 25 File 2022-053 17 I Development Standards and Guidelines ("US I Guidelines") and 2) consistency with community 2 character. 3 4 The Applicants assert that the Overlay "furthers the objectives of the Code as it 'encourages the 5 orderly development and construction of commercial structures or buildings that fit with the 6 architectural design and community character of the Tavernier community". However, the 7 proposed language does not support this assertion nor have the Applicants submitted data and 8 analysis demonstrating consistency with community character. 9 10 In accordance with LDC Section 101-1, community character is defined as the image and I I perception of a community as defined by the recognizable natural and built landmarks, 12 boundaries and features that provide a sense of place and orientation and the 13 interrelationship of all these characteristics. 14 The Property is within the Suburburban Commercial (SC) Land Use District and the Tavernier 15 Creek to Mile Marker 97 U.S. Highway I Corridor District Overlay (TC), established by LC 16 Section 130-128. All proposed development within the existing overlay must co ply with the 17 Tavernier Creek to Mile Marker 97 U.S. Highway Corridor Development Standards and 18 Guidelines, which are adopted as part of Chapter 130 of the Land Development Code. The 19 Property is also subject to the policies and guidelines provided in the Tavernier Livable 20 CommuniKeys Plan, which is adopted as part of the County's Comprehensive Plan. 21 22 The Tavernier Creek to Mile Marker 97 U.S. Highway Corridor Development Standards and 23 Guidelines include specific building types, with the intent of guiding the development of new 24 construction so that it continues to define the character of Tavernier and so that the massing, scale, 25 and materials of new structures are compatible with this existing character. The guidelines provide 26 for the construction of large commercial buildings through the aggregation of smaller buildings, 27 as depicted in the excerpts from the guidines pictured below: 28 BOCC SR 02.15.2024 Page 13 of 25 File 2022-053 18 5. Building Types The intent is to guide the development of new construction so that buildings continue to define a character for Tavernier and that the massing, scale and materials of new structures are compatible with this character. These are the recommended types for new construction in the corridor. The listed building types are not the universe of buildings that can be developed in the corridor, they are merely applied examples of the guidelines and standards in this document. Figure 27 does not accurately reflect all county regulations and is illustrative of building concept only. Large Commercial Building The intent is to create a building A , prototype that would tit in the General Urban zone deep lots or in the suburban zone. �' r �� This building type is characterized by the aggregation of smaller buildings; where possible, these should be "I arranged as to create positive i, accessible open space (Figure 27). The building may be clad with siding or finished with stucco. The primary . VAI'11�, fa4ade is lined with arcades and balconies; windows are covered with Figure 27 Large Commercial Building Type operable Bahama shutters, and roofs are standing seam metal. 1 2 Multifamily Residential The architecture of' the building should consist of the materials recommended in these guidelines and it should be compatible with architectural and urban character of Tavernier. Access to individual units should be obvious from the street level (Figure 28). A Figure 28 Multi Family Building 3 4 To further guide new development within the TC Overlay, these guidelines utilized transect 5 zoning. The transects do not eliminate the standards set by the County's Code or zoning laws, but 6 are intended to help organize the regulations according to the transect with which the property 7 belongs. The Transect Map, which is adopted as part of the Land Development Code through 8 Section 130-128, is pictured below: 9 BOCC SR 02.15.2024 Page 14 of 25 File 2022-053 19 Tarerrdar Transa� TYE—ban 6 T3 SUbUMM Ta General UrW H—x.y The Property ., KEY LARGO t...a.y TAVERNIER 2 3 As depicted in the above map,the Property is within the Suburban Zone of the TC overlay, which "is characterized by intermittent occurrences of open space, residential development of diverse 5 densities, and industrial and general commercial uses following a pattern similar to that found in 6 the mainland suburbs." According to the Glossary, Suburban, is "characterized by low density 7 residential, this zone is more vegetated than the general urban zone. In this zone blocks tend to be 8 larger." Alternatively, according to the Guidelines, "the urban zone is the area where most of the 9 retail and commercial mixed use development are found and it is the area that the community 10 identifies as its center". 11 12 The establishment of the proposed overlay would allow for a single nonresidential structure of up 13 to 49,900 square feet on the Property. This is not consistent with the adopted Guidelines, which 14 encourage the aggregation of smaller buildings when considering large scale commercial 15 development. The proposed amendment would allow for the size of a nonresidential structure that 16 is inconsistent with the established community character that is indicated by the existing smaller 17 scale development within the Suburban zone. This is inconsistent with existing commui 18 character and wouldallow for development that does not comply with Section130-128 19 nor Comprehensive Plan Policy No. 1 .1. . 20 21 Land DevelopmentCode Section - 2 (b): The Tavernier Creek to Mile 22 Marker 97 U.S. Highway 1 Corridor Development Standards and Guidelines are 23 hereby adopted by reference and declared a part of this chapter. Within the overlay 24 district, as designated on the Tavernier Creek to Mile Marker 97 U.S. Highway 1 25 District Overlay Map, uses permitted as of right and uses requiring for or 26 major conditional use permit shall be reviewed based uponthe Tavernier 27 Creek to Mile Marker 97 U.S. Highway I Corridor Development Standards 28 and Guidelines and approved if found in compliance with these standards and 29 guidelines. 30 31 Comprehensive Plan Policy No. 105. . : Monroe County shall enforce the design 32 guidelines established within the Livable Comunieys Plans and its land 33 development regulations which ensure that future uses and development are 34 compatible with scenic preservation and maintenance of the character of the casual 35 island village atmosphere of the Florida Keys. 36 BOCC SR 02.15.2024 Page 15 of 25 File 2022-053 20 I For reference, under the existing SC Zoning District, the development of 49,900 nonresidential 2 square feet and 86 affordable residential dwelling units is permissible; however, no one (1) 3 nonresidential structure may exceed 10,000 square feet. 4 5 The proposed text amendment would allow both: 6 1) a structure greater than 10,000 square feet within the SC Zoning District; and 7 2) allows for the allocation or transfer of the entire 49,900 square feet of nonresidential 8 development (NROGO floor area) at one time. Therefore, no phasing of the resulting project 9 would be required. 10 11 6. Data updates; 12 13 Per the Applicant: No response provided. 14 15 7. Consistency with the Comprehensive Plan and the principles for guiding development as 16 defined in Section 380.0552, Florida Statutes. 17 18 Per the Applicant.-No response provided. 19 20 Staff has not found the proposed text amendment consistent with the Comprehensive Plan and the 21 principles for guiding development as defined in F.S. Section 380.0552 as noted in section V of 22 this Report. 23 24 The proposed amendment is not consistent with Comprehensive Plan Policy 101.5.6.- 25 26 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to 27 provide for the establishment of mixed use commercial land use (zoning) districts where 28 various types of commercial retail and office may be permitted at intensities which are 29 consistent with the community character and the natural environment. Employee housing 30 and commercial apartments are also permitted. In addition, Mixed Use/Commercial land use 31 districts are to establish and conserve areas of mixed uses, which may include maritime 32 industry, light industrial uses, commercial fishing, transient and permanent residential, 33 institutional, public, and commercial retail uses. 34 35 This future land use category is also intended to allow for the establishment of mixed use 36 development patterns,where appropriate. Various types of residential and nonresidential uses 37 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be 38 prohibited.The County shall continue to take a proactive role in encouraging the preservation 39 and enhancement of community character and recreational and commercial working 40 waterfronts. 41 42 In order to protect environmentally sensitive lands,the following development controls shall 43 apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 44 45 1. only low intensity commercial uses shall be allowed; 46 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 47 3. maximum net residential density shall be zero. 48 BOCC SR 02.15.2024 Page 16 of 25 File 2022-053 21 I Additionally, as previously discussed, the Property is subject to the Tavernier Creek to Mile 2 Marker 97 Livable CommuniKeys Master Plan. In accordance with Comprehensive Plan Policy 3 101.19.2, the Community Master Plans shall be incorporated into the 2030 Comprehensive Plan 4 as a part of the plan and be implemented as part of the Comprehensive Plan. 5 6 The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 7 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 through Ordinance 002-2005 is incorporated by reference into the Comprehensive Plan. The term 9 Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and 10 the term Action Item is equivalent to the term Policy; the meanings and requirements for 11 implementation are synonymous. 12 13 In reviewing the Tavernier CommuniKeys Plan, it is evident that the vision was to preserve the 14 heritage and natural setting of the existing community, with limited redevelopment of commercial 15 properties. The CommuniKeys Plan even includes an Action Item [below] that prohibits the 16 designation of new commercial land use districts beyond those that are already contained within 17 the Master Plan in order to prevent further sprawl or strip commercial zoning. 18 19 Action Item 3.1.3 of the Tavernier Livable CommuniKeys Plan: Prohibit the designation of new 20 commercial land use districts beyond that contained in this Master Plan in order to protect the 21 existing viability of the US1 Corridor Area and Community Center and to prevent the further 22 sprawl or strip commercial zoning. 23 24 The proposed text amendment is inconsistent with the Tavernier Livable CommuniKeys Plan, 25 which renders the proposed amendment inconsistent with Comprehensive Plan Policy No. 26 101.19.2. 27 2 ( .) In no event shall an amendment be approved whichwill result in an adverse community 29 change tote planning area in whichthe proposed development is located or to any area i 30 accordance with a livable communikeys master plan pursuantr i s of the board of county 31 commissioners [Ref. Coe Section 102-158(d)(7)d.l. 32 33 Per the Applicant: "There will be no adverse change to unincorporated Monroe County if the Overlay 34 is approved. As discussed herein, there are no increased concurrency, environmental, or practical 35 impacts associated with the increased NOGG permitted within the Overlay. All such development 36 will be required to at a minimum comply with level of service, concurrency, and performance 37 standards as set forth in the Code. " 3 39 Staff anticipates the proposed amendment will result in an adverse community change to Tavernier. 40 1 The theme throughout the Tavernier LCP is one of protection for the natural environment,preservation 42 of the historic elements of Tavernier and guided development and growth in a manner that is 43 compatible with community goals. The LCP provides a number of goals, objectives and action items 44 to enact policies consistent with the theme and intent of the LCP. In reviewing the Tavernier LCP and 45 the Community Vision statement therein, it appears the proposed amendment may not be consistent 46 with the Community Vision: 47 We envision the Tavernier Creek Bridge to Mile Marker 97PIanning Areas: 4 OCC SR 02.15.2024 Page 17 of 25 He 2022-053 22 I An island community committed to preserving its heritage,natural setting and 2 stands of native tropical hardwood hammocks, with improvements to the 3 visual character of the U.S. 1 corridor, limited redevelopment of commercial 4 properties, and neighborhoods where residents have access to the water and 5 recreational facilities. 6 7 The text amendment as drafted proposes to relax the development restrictions on the Property without 8 providing adequate data to support such a change nor demonstrating consistency with the Tavernier 9 LCP and existing community character. 10 1 1 For example, within the Suburban Zone, the intent of the building configuration standards is to break 12 down the apparent mass of buildings wider [or deeper] than 50 feet by creating facade insets at 13 intervals appropriate to the mass of the building. The maximum continuous facade of any building 14 fronting US1 cannot be greater than 50 feet. A building wider than 50 feet will be architecturally 15 defined as a series of smaller units, with insets between primary fagades. The inset facade shall not be 16 setback less than six(6) feet. 17 18 The overlay and text as proposed, do not include provisions that support or expand upon construction 19 consistent with the architectural theme of Tavernier.The primary change that would result from 20 adoption of the proposed overlay would be the ability to construct a nonresidential structure that is 21 over 10,000 square feet [on properties within the overlay]. 22 23 The Tavernier Community is well established and primarily developed in accordance with the adopted 24 guidelines and Livable CommuniKeys Plan. As the primary component of the text amendment is the 25 ability to construct a nonresidential structure that is greater than 10,000 square feet, staff considered 26 the affect the amendment would have on the existing character of the Tavernier Community as a whole, 27 and within the Suburban Transect. To aid in this review for cons istency,Staff reviewed the size of 28 existing buildings of surrounding properties within both the Suburban and Urban transect zones. 29 According to data from the Monroe County Property Appraiser's website, the largest existing 30 commercial structure within 600 feet of the Property is approximately 12,000 square feet, known as 31 the Vaughn Building. For reference only, some recogizable commercial buildings within Tavernier are 32 described in the table below: 33 Common Property Name Building Square Transect Zone per US] Footage (approximate) Design Guidelines Tavernier Towne* 526,686 General Urban Mariners Hospital* 75,737 General Urban FKEC Property 59,403 General Urban Tavernier Commercial Center 26,782 General Urban `Old' Bank of America 9,420 Suburban Vaughn Building 12,000 Suburban *Nodes of community center per Guidelines and LCP 34 BOCC SR 02.15.2024 Page 18 of 25 File 2022-053 23 I Pursuant to LC Section 101-1, community character means the image and perception of a 2 community as defined by the recognizable natural and built landmarks, boundaries and features 3 that provide a sense of place and orientation and the interrelationship of all these characteristics. 4 5 The allowance of a structure that is up to 49,900 square feet is much larger than existing structures within 6 the transect area noted as Suburban and would be inconsistent with the established community character. 7 The existing LDC, when coupled with the TC Overlay Guidelines and Tavernier LC , intentionally 8 limits the maximum size of each structure. 9 10 As previously stated, the proposed text amendment is inconsistent with the Tavernier Livable I I CommuniKeys Plan, which renders the proposed amendment inconsistent with Comprehensive Plan 12 Policy No. 101.19.2. Additionally, the proposal is inconsistent with Comp Plan Policy 101.5.6 which 13 states that various types of commercial retail and office may be permitted at intensities which are 14 consistent with the community character and the natural environment. 15 16 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE 17 PLAN, THE PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA 18 STATUTES. 19 20 A. The proposed amendment is not' consistent with the Goals, Objectives and Policies of the 21 Monroe County 2030 Comprehensive Plan. Specifically, it is inconsistent with: 22 Policy 101.5.6 23 24 The principal purpose of the Mixed Use/Commercial(MC)future land use category is to provide for 25 the establishment of mixed use commercial land use (zoning) districts where various types of 26 commercial retail and office may be permitted at intensities is are consistent with the 27 community character and the natural environment. Employee housing and commercial apartments 28 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and 29 conserve areas of mixed uses, which may include maritime industry, light industrial uses, 30 commercial fishing, transient and pen-nanent residential, institutional, public, and commercial retail 31 uses. 32 33 This future land use category is also intended to allow for the establishment of mixed use 34 development patterns, where appropriate. Various types of residential and nonresidential uses may 35 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. 36 The County shall continue to take a proactive role in encouraging the preservation and enhancement 37 of community character and recreational and commercial working waterfronts. 38 39 40 Policy 101.19.1 41 Monroe County shall develop, maintain, and update periodically, as appropriate, with public input, 42 the Livable CommuniKeys Community Master Plans. Community Master Plans will be maintained 43 in accordance with the following principles: 44 45 1. Each Community Master Plan will contain a framework for future development and 46 redevelopment including the designation of growth boundaries and future acquisition areas for 47 public spaces and environmental conservation; BOCC SR 02.15.2024 Page 19 of 25 File 2022-053 24 1 2 2. Each Community Master Plan will include an Implementation Strategy composed of action items, 3 an implementation schedule, and a monitoring mechanism to provide accountability to 4 communities; 5 6 3. Each Community Master Plan will be consistent with existing Federal and State requirements and 7 overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met. While 8 consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030 Plan will be 9 updated and amended where appropriate; 10 11 4. Each Community Master Plan will be closely coordinated with other community plans and other 12 jurisdictions to ensure development or redevelopment activities will not adversely impact those 13 areas; 14 15 5. Each Community Master Plan will include appropriate mechanisms allowing citizens continued 16 oversight and involvement in the implementation of their plans. Through the Community Master 17 Plans, programs for ongoing public involvement, outreach, and education will be developed; 18 19 6. Each Community Master Plan will include a Capital Improvements program to provide certainty 20 that the provision of public facilities will be concurrent with future development; 21 22 7. Each Community Master Plan will contain an environmental protection element to maintain 23 existing high levels of environmental protection as required in the 2030 Comprehensive Plan; 24 25 8. Each Community Master Plan will include a community character element that will address the 26 protection and enhancement of existing residential areas and the preservation of community 27 character through site and building guidelines. Design guidelines for public spaces, landscaping, 28 streetscaping, buildings, parking lots, and other areas will be developed through collaborative 29 efforts of citizens, the Planning Department, and design professionals reinforcing the character of 30 the local community context; 31 32 9. Each Community Master Plan will include an economic development element addressing current 33 and potential diversified economic development strategies including tourism management. The 34 preservation and retention of valued local businesses, existing economies, and the development of 35 economic alternatives will be encouraged through the process; 36 37 10. Each Community Master Plan will contain a Transportation Element addressing transportation 38 needs and possibilities including circulation, safe and convenient access to goods and services, and 39 transportation alternatives that will be consistent with the overall integrity of the transportation 40 system not resulting in negative consequences for other communities; and 41 42 11. Each Community Master Plan will be based on knowledge of existing conditions in each 43 community. The Planning Department will compile existing reports, databases, maps, field data, 44 and information from other sources supplemented by community input to document current 45 conditions; and 46 47 12. Each Community Master Plan will simplify the planning process providing clarity and certainty 48 for citizens, developers, and local officials by providing a transparent framework for a continuing 49 open dialogue with different participants involved in planning issues. BOCC SR 02.15.2024 Page 20 of 25 File 2022-053 25 I Policy 101.19.2 2 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of 3 the plan and be implemented as part of the Comprehensive Plan. The following Community Master 4 Plans have been completed in accordance with the principles outlined in this section and adopted by 5 the Board of County Commissioners: 6 7 2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 8 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated 9 by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent 10 to the to Objective in the Comprehensive Plan and the term Action Item is equivalent to the to I I Policy; the meanings and requirements for implementation are synonymous. Adopted by Ordinance 12 002-2005. 13 14 Policy 105.1.2 15 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys 16 Plans and its land development regulations which ensure that future uses and development are 17 compatible with scenic preservation and maintenance of the character of the casual island village 18 atmosphere of the Florida Keys. 19 20 Policy 105.1.3 21 Monroe County shall, through its development standards and Land Development Code, continue 22 to foster the retention and redevelopment of small businesses on the U.S.1. 23 Tavernier LCP 24 Community Vision 25 We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as: An island community 26 committed to preserving its heritage, natural setting and stands of native tropical hardwood 27 hammocks, with improvements to the visual character of the U.S. I corridor, limited redevelopment 28 of commercial properties, and neighborhoods where residents have access tote water and 29 recreational facilities. 30 31 Action Item 3.1.1: Designate a "Community Center" from MM 91 to Burton Dr. pursuant to Policy 32 105.2.15 where Tier III infill and incentives for redevelopment will be encouraged. 33 34 Action Item 3.1. 2: Require that any new development or redevelopment approved within the 35 designated US Highway I Community Center, meeting the following criteria, be consistent with 36 design standards established pursuant to Action Items 3.2.3 and 3.3.3: 37 1. Any new or expanded non-residential structures of greater than 2,500 square feet in floor area; 38 2. Any new or expanded outdoor retail sales; 39 3.Any new residential structure containing more than three units or redeveloped residential structure 40 containing more than three units that involves a change in floor area,building height or configuration 41 of building footprint; 42 4. Any new transient residential structure or redeveloped existing transient residential structure that 43 involves a change of floor area, building height, or configuration of building footprint. 44 45 Action Item 3.1.3: Prohibit the designation of new commercial land use districts beyond that 46 contained in this Master Plan in order to protect the existing viability of the US I Corridor Area and 47 Community Center and to prevent the further sprawl or strip commercial zoning. 48 BOCC SR 02.15.2024 Page 21 of 25 File 2022-053 26 I Strategy 3.2 2 Develop and adopt a Commercial Corridor Enhancement Plan for the U.S. 1 Corridor Area between 3 MM 91 and MM 93.5. 4 5 Action Item 3.2.3: Develop and adopt design standards and design guidelines for development within 6 the U.S. 1 Corridor Area and the Community Center. 7 8 B. The amendment is not consistent with the Principles for Guiding Development for the Florida 9 Keys Area, Section 380.0552(7),Florida Statutes. 10 11 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 12 principles for guiding development and any amendments to the principles, the principles shall be 13 construed as a whole and no specific provision shall be construed or applied in isolation from the other 14 provisions. 15 16 (a) Strengthening local government capabilities for managing land use and development so that local 17 government is able to achieve these objectives without continuing the area of critical state concern 18 designation. 19 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 20 beds, wetlands,fish and wildlife, and their habitat. 21 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 22 vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and 23 their habitat. 24 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 25 development. 26 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 27 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 28 ensuring that development is compatible with the unique historic character of the Florida Keys. 29 (g) Protecting the historical heritage of the Florida Keys. 30 (h) Protecting the value,efficiency,cost-effectiveness,and amortized life of existing and proposed major 31 public investments, including: 32 33 1. The Florida Keys Aqueduct and water supply facilities; 34 2. Sewage collection,treatment,and disposal facilities; 35 3. Solid waste treatment, collection, and disposal facilities; 36 4. Key West Naval Air Station and other military facilities; 37 5. Transportation facilities; 38 6. Federal parks, wildlife refuges, and marine sanctuaries; 39 7. State parks, recreation facilities,aquatic preserves, and other publicly owned properties; 40 8. City electric service and the Florida Keys Electric Co-op; and 41 9. Other utilities, as appropriate. 42 43 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, 44 and replacement of stormwater management facilities; central sewage collection; treatment and 45 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 46 treatment and disposal systems. 47 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 48 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)and 403.086(10), 49 as applicable, and by directing growth to areas served by central wastewater treatment facilities 50 through permit allocation systems. 51 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 52 Keys. BOCC SR 02.15.2024 Page 22 of 25 File 2022-053 27 1 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 2 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural 3 or manmade disaster and for a post disaster reconstruction plan. 4 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 5 the Florida Keys as a unique Florida resource. 6 7 Pursuant to Section 380.0552(7) Florida Statutes,the proposed amendment is not consistent with the 8 Principles for Guiding Development as a whole. 9 10 As noted in the analysis in Sections IV and V of this Report,the proposed amendment is inconsistent 11 with the County's Comprehensive Plan. Approval of the proposed amendment would limit the 12 County's ability for managing land use without direct oversight provided by designation as an area 13 of critical state concern. 14 15 C. The proposed amendment, is not consistent with the Part 11 of Chapter 163, Florida Statute 16 (F.S.). Specifically: 17 18 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 19 enhance present advantages; encourage the most appropriate use of land, water, and resources, 20 consistent with the public interest; overcome present handicaps; and deal effectively with future 21 problems that may result from the use and development of land within their jurisdictions. Through 22 the process of comprehensive planning, it is intended that units of local government can preserve, 23 promote, protect, and improve the public health, safety, comfort, good order, appearance, 24 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 25 efficient provision of transportation, water,sewerage, schools,parks, recreational facilities, housing, 26 and other requirements and services; and conserve, develop, utilize, and protect natural resources 27 within their jurisdictions. 28 29 1633161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status 30 set out in this act and that no public or private development shall be permitted except in conformity 31 with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with 32 this act. 33 34 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 35 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 36 development of the area that reflects community commitments to implement the plan and its elements. 37 These principles and strategies shall guide future decisions in a consistent manner and shall contain 38 programs and activities to ensure comprehensive plans are implemented. The sections of the 39 comprehensive plan containing the principles and strategies, generally provided as goals,objectives, 40 and policies, shall describe how the local government's programs, activities, and land development 41 regulations will be initiated, modified, or continued to implement the comprehensive plan in a 42 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations 43 in the comprehensive plan but rather to require identification of those programs, activities, and land 44 development regulations that will be part of the strategy for implementing the comprehensive plan 45 and the principles that describe how the programs, activities, and land development regulations will 46 be carried out. The plan shall establish meaningful and predictable standards for the use and 47 development of land and provide meaningful guidelines for the content of more detailed land 48 development and use regulations. 49 50 163.3194, F.S. —(1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in 51 conformity with this act, all development undertaken by, and all actions taken in regard to BOCC SR 02.15.2024 Page 23 of 25 File 2022-053 28 I development orders by, governmental agencies in regard to land covered by such plan or element 2 shall be consistent with such plan or element as adopted. 3 4 (b) All land development regulations enacted or amended shall be consistent with the adopted 5 comprehensive plan,or element or portion thereof, and any land development regulations existing at 6 the time of adoption which are not consistent with the adopted comprehensive plan, or element or 7 portion thereof,shall be amended so as to be consistent. If a local government allows an existing land 8 development regulation which is inconsistent with the most recently adopted comprehensive plan,or 9 element or portion thereof, to remain in effect, the local government shall adopt a schedule for 10 bringing the land development regulation into conformity with the provisions of the most recently 11 adopted comprehensive plan, or element or portion thereof. During the interim period when the 12 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the 13 land development regulations are inconsistent, the provisions of the most recently adopted 14 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an 15 application for a development order. 16 17 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 18 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be 19 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 20 development of lands and waters within an area. It is the intent of this act that the adoption and 21 enforcement by a governing body of regulations for the development of land or the adoption and 22 enforcement by a governing body of a land development code for an area shall be based on,be related 23 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 24 25 163.3202, F.S.—Land development regulations.- 26 (1) Within I year after submission of its comprehensive plan or revised comprehensive plan for review 27 pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land 28 development regulations that are consistent with and implement their adopted comprehensive plan. 29 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land 30 development regulations. 31 32 VI. PROCESS 33 34 Land Development Code Amendments may be proposed by the Board of County Commissioners, the 35 Planning Commission,the Director of Planning,private application, or the owner or other person having 36 a contractual interest in property to be affected by a proposed amendment. The Director of Planning 37 shall review and process applications as they are received and pass them onto the Development Review 38 Committee and the Planning Commission. 39 40 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 41 the application, the reports and recommendations of the Department of Planning & Environmental 42 Resources and the Development Review Committee and the testimony given at the public hearing. The 43 Planning Commission shall submit its recommendations and findings to the Board of County 44 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed 45 amendment, and considers the staff report, staff recommendation, Planning Commission 46 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed 47 amendment based on one or more of the factors established in LDC Section 102-158(d)(7). 48 49 50 51 BOCC SR 02.15.2024 Page 24 of 25 File 2022-053 29 I VII. STAFF RECOMMENDATION 2 3 The amendment as drafted proposes to relax the development restrictions on the Property without 4 providing adequate data to support such a change nor demonstrating consistency with the Tavernier LCP 5 and existing community character. It is anticipated that the proposed overlay, would result in an adverse 6 change in the character of the Tavernier Community. 7 8 As described throughout this Report,the proposed text amendment would allow for development that is 9 specifically noncompliant and inconsistent with the following Land Development Code Sections and 10 Comprehensive Plan Policies [as well as the policies described throughout Section V of this report]: 11 12 N Land Development Code Section 130-128(b) 13 M Comprehensive Plan Policy No. 101.5.6 14 M Comprehensive Plan No. 10 1.19.2 15 16 Additionally, on September 1, 2023, the Applicants submitted a separate request to amend the 17 Comprehensive Plan to establish a site-specific subarea policy on a portion of the Property in addition 18 to submitting requests to amend the FLU M and LUD on a portion of the Property that is located within 19 the proposed Overlay. These applications were incomplete when submitted and have not yet been 20 processed by the Planning and Environmental Resources Department. 21 22 The Applicant's proposed overlay language includes a requirement for a Development Agreement on 23 the site prior to permitting of the proposed uses. No Development Agreement application has been 24 submitted yet as of the date of this staff report, 25 26 Staff recommends that the BOCC CONTINUE the Applicant's request to amend the Land Development 27 Code establishing Section 130-143, the Tavernier Commercial Overlay, until such a time that all 28 current requests to amend the Comprehensive Plan, Land Development Code, Future Land Use 29 Map and Land Use District Map, and the proposed Development Agreement, are processed and 30 prepared to be heard at the same BOCC Hearing to ensure consistency of all concurrently 31 proposed amendments relative to this Property. 32 33 In the event that the BOCC elects to vote on this item at the February 15, 2024 public hearing, Staff 34 recommends DENIAL of the proposed amendment to the Land Development Code establishing Section 35 130-143. 36 37 VIII. EXHIBITS 38 1. DRC Resolution No. DRC 13-22 39 2. PC Resolution No. P16-23 40 3. Proposed Text with Staff Recommended Edits 41 4. Draft Ordinance BOCC SR 02.15.2024 Page 25 of 25 File 2022-053 30 31 1 3 4 7 MONROE COUNTY, L A DEVELOPMENT REVIEW COMMITTEE 9 RESOLUTION NO. DRC 13-22 0 II A RESOLUTION BY THE DEVELOPMENT REVIEW 12 COMMITTEE RECOMMENDING DENIAL OF AN ORDINANCE 13 BY THE MONROE COUNTY BOA F COUNTY 14 COMMISSIONERS AMENDING THE MONROE COUNTY LAND 15 DEVELOPMENT CODE TO ESTABLISH SECTION 1 0-14 , 16 CREATING THE TA VERNIER Y COMMERCIAL VE AY 17 (T CC)) DISTRICT; INCLUDING THE PURPOSE A NTE , 18 BOUNDARY, APPLICABILITY, NROGO ALLOCATION 19 STANDARDS, AND MAXIMUMS E TIAL AND 20 RESIDENTIAL DEVELOPMENT POTENTIAL; FOR 21 PROPERTIES LOCATED AT 92501 OVERSEAS HIGHWAY, KEY 22 LARGO, APPROXIMATELY LE MARKER 92.5, HAVING 23 PARCEL IDENTIFICATION NUMBERS 000 9 -0000 0 AND 24 0049 2 -0 0 0 ; AS PROPOSED BY CE EX CONSTRUCTION 25 MATERIALS FLORIDA, LLC. FI A SINGLETARY CONCRETE 26 PRODUCTS INC.; PROVIDING FOR SEVE ILITY; 27 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 28 PROVIDING FOR TRANSMITTAL TO THE STATE LAN 29 PLANNING AGENCY AND THE SECRETARY OF STATE; 30 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 31 CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022- ) 32 33 34 35 WHEREAS, on March 23, 2022, the Planning and Environmental Resources Department 36 received an application from Smith/Hawks, PL. (the "Agent") on behalf of Singeletary Concrete 37 Products, Inc. and Cerneex Construction Materials Florida, LL.0 (the "Applicants,") and The 38 Vestcor Companies, Inc. and Blackstone Group — Tavernier 925, L LC (the "Developers") to 39 amend Monroe County Land Development Code to establish the Tavernier Key Commercial 40 Overlay District (the "Overlay") to allow for a nonresidential ROGO allocation of up to 70,000 41 square feet, which could allow for the development of a 64,00 SF commercial supermarket, 42 including a liquor store, on property located at 92501 Overseas Highway, Ivey Largo with parcel 43 identification numbers 000 94 0-000000 and 00490250-000000 (the"Property"); and 44 45 WHEREAS,a corresponding Land Use District(Zoning)map amendment for the Property 46 to apply the Overlay was submitted (File 2022-054) and is ender review; and 47 Resolution DRC 13-22 Page i of File 2022-053 32 I WHEREAS, an amended and restated text amendment application was received on May 2 19, 2022 (the"Application", File 2022-053); and 3 4 WHEREAS, the proposed text was revised and resubmitted to the Planning Department 5 for review on September 22,2022; and 6 7 WHEREAS,the Property is within the boundary of the Tavernier Livable CommuniKeys 8 Master Plan, a Master Plan for Tavernier Creek Bridge to Mile Marker 97, (the "LCP"); and 9 10 WHEREAS,the Property is within the Tavernier Creek to Mile Marker 97 U.S. Highway 11 1 Corridor District Overlay (TC) as identified in the Tavernier Creek to Mile Marker 97 U.S. 12 Highway 1 Corridor Development Standards and Guidelines (the "Corridor Development 13 Guidelines"); and 14 15 WHEREAS, the Property is within the Suburban Zone as identified in Corridor 16 Development Guidelines; and 17 18 WHEREAS, the Suburban zone is characterized by intermittent occurrences of open 19 space, residential development of diverse densities, and industrial and general commercial uses 20 following a pattern similar to that found in the mainland suburbs; and 21 22 WHEREAS, the vision for the corridor allows the individual zones to maintain their 23 distinctive characteristics, yet, encourages a unified image of the corridor as a whole, where 24 landscape and the built environment share common elements; and 25 26 WHEREAS, Staff is recommending edits to the Applicant's proposal in an effort to 27 provide for internal consistency of the Land Development Code(LDC), and to further implement 28 goals, strategies and action items of the LCP and the Corridor Development Guidelines, which 29 represent the community's vision for the Tavernier area; 30 31 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 32 considered the proposed amendment at a regularly scheduled meeting held on October 25, 2022; 33 and 34 WHEREAS,the professional staff memorandum for the DRC meeting dated October 14, 35 2022, completed by Cheryl Cioffari, AICP, Assistant Director of Planning, and Devin Tolpin, 36 AICP, CFM, Principal Planner, requests and recommends the Applicant address: (1) consistency 37 with the Tavernier LCP and Mile Marker 97 U.S. Highway 1 Corridor Development Standards 38 and Guidelines ("US1 Guidelines")and (2)consistency with community character. 39 40 WHEREAS, based upon the information and documentation submitted, the Development 41 Review Committee Chair found: 42 1. The proposed amendment is not consistent with the Goals, Objectives and Policies of 43 the Monroe County Year 2030 Comprehensive Plan; and 44 2. The proposed amendment is not consistent with the Principles for Guiding 45 Development for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), 46 F.S.; and 47 3. The proposed amendment is not consistent with Part II of Chapter 163,Florida Statute; Resolution DRC 13-22 Page 2 of File 2022-053 33 1 4. The proposed amendment will result in an adverse change in community character to 2 the sub-area which a proposed amendment affects or to any area in accordance with the 3 Tavernier Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and 4 5. The proposed amendment, is not necessary due to new issues and recognition of a need 5 for additional detail or comprehensiveness, as required by Section 102-158 of the 6 Monroe County Code, 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW 9 COMMITTEE OF MONROE COUNTY,FLORIDA that the information.provided in the staff 10 report and discussed at the October 25, 2022 meeting supports the Chair's decision to recommend 1.1 DENIAL, of the proposed amendment to Land Development Code establishing Section 1.30-1.43 12 to the Planning Commission and Board of County Commissioners, 13 14 15 16 Date 17 ---——------------------------------------—------ Emily Schemper, AICP, CFM 18 Senior Director of Planning & Environmental Resources 19 20 1 HEREBY CERTIFY that on this day before me,an officer duly authorized in the State aforesaid 21 and in the County aforesaid to take acknowledgments, personally appeared Emily Schemper, to 22 me known to be the person described in and who executed the foregoing instrument and she 23 acknowledged before me that she executed the same. 24 �1 25 WITNESS my hand and official sea] in the County and State last aforesaid this day of 26 2021 27 28 ALWN J.SMITH X_R*PU , C,'STATE OF FLOi.�I_DA Notary Public-state of Florida Commission#Hm 155590 my Comm.Expires Jul 19,2025 Bonded throLgh National Notary Assn. RM Resolution DRC 13-22 Page 3 of 3 File 2022-053 34 35 1 3 4 . 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY PLANNING COMMISSION RESOLUTION NO. P16-23 I COMMISSION RECOMMENDING THAT THE MONROE !2 COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE 13 REQUEST FOR APPROVAL OF AN ORDINANCE SEEKING TO 14 AMEND THE MONROE 15 TO CREATE A NEW TAVERNIER KEY COMMERCIAL 16 OVERLAY DISTRICT (" „) VIA THE NEW CREATION OF 7 CODE SECTION 130-143, INCLUDING AMENDMENTS TO THE 18 MONROE COUNTY LAND DEVELOPMENT CODE THAT 19 WOULD RELATE TO NROGO ALLOCATION STANDARDS,THE 20 PURPOSE AND INTENT, BOUNDARY, AND APPLICABILITY, 21 ANDRESIDENTIAL 22 DEVELOPMENT POTENTIAL, ALL RELATING TO 23 PROPERTIES LOCATED AT 92501 OVERSEAS HIGHWAY, KEY 24 LARGO, APPROXIMATE MILE MARKER . , CURRENTLY 25 HAVING PROPERTY IDENTIFICATION - 2 - CEMEX 27 CONSTRUCTION MATERIALS FLORIDA, 28 SINGLETARY CONCRETE PRODUCTS •, PROVIDING FOR 2PROVIDING 3 s PROVIDING FOR TRANSMITTAL TO THE STATE 31 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 32 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 33 T '. 34 35 36 WHEREAS, on March 23, 2022, the Monroe County Planning and Environmental 37 Resources Department received an application from it / aw s, P.L. (the "Agent"), on behalf 38 of Singletary Concrete Products, Inc. and Cemex Construction Materials Florida. LLC (the 3 "Applicants")and The Vestcor Companies, Inc. and Blackstone Group—Tavernier 925, LLC (the 40 "Developers") seeking to amend to Monroe County Land Development Coe to create a new 1 Tavernier Key Commercial Overlay District("TKC ") via the new creation of Code Section 1 - 2 13, including amendments tote Monroe County Land Development Code that wo !d relate to 3 NROGO Allocation Standards, the Purpose and Intent, Boundary, and Applicability, and 44 Maximum Non-Residential and Residential Development Potential, all relating to properties Monroe County Nanning and IEnvironrnenW Resources Department IFile No. 2022-053. 1 of 5 36 I located at 92501 Overseas Highway. Key Largo,currently having Property Identification Numbers 2 00089490-000000 and 00490250-000000 (the "Propert)"), and 3 4 WHEREAS, an application' seeking approval of a corresponding Land Use District 5 (­LUD­) map amendment for the Property to apply the Overlay has been received from the above- 6 named Agent, Applicants,and/or Developers, and is currently under review-, and 7 8 WHEREAS, an amended and restated text amendment application was received on May 9 19, 2022': and 10 11 WHEREAS, the proposed text was revised and resubmitted to the Monroe County 12 Planning and Environmental Resources Department for review on September 22, 2022, and 13 14 WHEREAS, the Monroe County Development Review Committee ("DRC") considered 15 the proposed text amendment at a regularly scheduled meeting held on the 25 th day of October, 16 2022. and 17 18 WHEREAS, on November 14, 2022, the DRC Chair signed Resolution No. DRC 13-22, 19 recommending that the Monroe County Planning Commission and the Monroe County Board of 20 Count) Commissioners DENY/ISSUE DENIAL OF the request seeking to amend the Monroe 21 Count) Land Development Code in order to create brand-new Code Section 130-143. as 22 referenced above; and 23 24 WHEREAS,the Pro pert) is within the boundary of the Tavernier Liva6le CommuniKeys 25 Master Plan. a Master Plan for Tavernier Creek Bridge to Mile Marker 97 (the"LCP"); and 26 27 WHEREAS, the Property is within the Tavernier Creek to Mile Marker 97 U.S. Highway 28 1 Corridor District Overlay ("TC") as identified in the Tavernier Creek to Mile Marker 97 U.S. 29 Highway I Corridor Development Standards and Guidelines (the -Corridor Development 30 Guidelines"). and 31 32 WHEREAS, the Propert) is within the Suburban Zone as identified in Corridor 33 Development Guidelines. and 34 35 WHEREAS, the Suburban Zone is characterized by intermittent occurrences of open 36 space, residential development of diverse densities, and industrial and general commercial uses 37 following a pattern similar to that found in the mainland suburbs: and 38 39 WHEREAS, the %ision for the corridor allows the individual zones to maintain their 40 distinctive characteristics, yet, encourages a unified image of the corridor as a whole. where 41 landscape and the built environment share common elements; and Monroe County Planning and Environmental Resources Department File No.2022-054. Monroe Count) Planning and Environmental Resources Department File No.2022-053. 2 of 5 37 I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 2 public hearing on the 2 `h day of April, 2023, for review and recommendation on the subject 3 request for approval of a Lad Development Code text amendment as described above; and 4 5 WHEREAS, the Monroe County Planning and Environmental esouces Department's 6 professional staff report ("memorandum")jointly prepared and completed y Assistant Director 7 of Planning Cheryl Cioffa i, A.I.C. ., and PrincipalPlanner Devin Tolpin, A,LC. ., C. ., recommends that the Planning Commission DENYIISSUE DENIALthe subject request for approval of Land Development Code text amendment in order to create Coe Section 13 -1 3; 1 I I WHEREAS, based upon the information and documentation submitted, the Planning 2 Commission found: 13 1. The proposed amendment is not consistent i the Goals, Objectives and Policies of 14 the Monroe County Year 2030 Comprehensive an; and 15 2. The proposed amendment is not consistent i e Principles for Guiding 16 Development forte Florida Keys Area of Critical State Concern, Fla. Stat. 7 380.0552(7). and 18 3. The proposed amendment is not consistent a 11 of Chapter 13, Florida 19 Statutes-, 20 4, The proposed amendment wi result in an adverse change in community character 21 to the sub-area whichs cts or to any area in accordance 22 with the Tavernieri o i eys Master Plan pursuant to findings 23 the ; an 24 5, The proposed amendment is not a necessaryse t in light of changed 25 conditions, incorrect ass r determinations, or recognition of a need for 26 additionaldetail comprehensiveness, as required to alter the text of the Monroe 27 County Land Development Code in accordance with Coe Section 1 2-15 . 2 29 WHEREAS,the Planning Commission ere y adopts as an appended exhibit oft e public 30 hearing conducted regarding this application the official minutes oft is hearing attached as 31 Exhibit "A." hereto; an 32 33 WHEREAS, the Planning Commission accepts all of the Findings of fact in the Monroe 34 County Planning and Environmental Resources Department's professional staff report, and 35 hereby adopts e as the Planning Co ission`s own findings of fact; an 36 37 WHEREAS,the Planning Commission accepts all oft e conclusions of law in the Monroe 38 County Planning and EnvironmentalResources Department's professional staff report, and 39 hereby adopts them s the Planning Commission's own findings of fact; an WHEREAS,40 41 the Planning Commission as considered the full record before it, including 2 but not limited to all remarks by Agent and all public comment; and 3 44 WHEREAS, the Planning Commission accepts all of Principal Planner Devin T°ol in"s 45 fact and expert opinion testimony and hereby adopts e fact and expert opinion testimony on 46 all questions/issues of fact as the Planning Commission's own findings of fact; an 3 of 5 38 I WHEREAS,the Planning Commission accepts all of Planning Director Emily Schemper's 2 fact and expert opinion testimony and hereby adopts her fact and expert opinion testimony on 3 all questions/issues of fact as the Planning Commission's own findings of fact, and 4 5 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 6 MONROE COUNTY, FLORIDA: 7 8 Section 1. Recitals.The foregoing recitals,findings of fact,and conclusions of law are 9 true and correct and are hereby incorporated as if fully set forth herein, and the record of this 10 proceeding is hereby incorporated as if fully stated herein. 11 12 Section 2. The Monroe County Planning Commission has duly considered the entirety 13 of the record before it. 14 15 Section 3. The Monroe County Planning Commission concurs with the detailed 16 recommendation(s), findings and conclusions of fact and law of the Monroe County Planning and 17 Environmental Resources Department's professional staff, including but not limited to the 18 testimonial and documentary, findings and conclusions of fact and la" of the Department's 19 testifying professional staff and the Department's professional staff report. 20 21 Section 4. Following considered review of the full record before it, based upon 22 competent substantial evidence in the record, more particularly referenced above in the foregoing 213 prefatory and operative recitals, prefatory and operative findings of fact, and prefatory and 24 operative conclusions of law, all detailing said evidence, the Monroe County Planning 25 Commission hereby recommends that the Monroe County BOCC DENY/ISSUE DENIAL 26 OF the instant request to approve amendment of the County's Land Development Code to create 27 Code Section 130-143 as referenced above. 28 29 Section 5. Construction and Interpretation. This Resolution and its interpretation 30 shall be liberally construed in favor of the Monroe County Planning Commission and Monroe 31 County Board of County Commissioners ("BOCC-) and such interpretation shall be entitled to 32 great weight in adversarial administrative proceedings. at trial. on appeal, and in any/all 33 bankruptcy proceedings. The interpretation of Monroe County Comprehensive Plan provision(s). .34 Florida Building Code, Florida Statutes, and Monroe County Code(s) provision(s) -,%hose 35 interpretation arises out of, relates to, or is interpreted in connection with this Resolution shall be 36 liberally construed and enforced in favor of the Monroe County Planning Commission and BOCC 37 and such interpretation shall be entitled to great weight in adversarial administrative proceedings. 38 at trial. on appeal. and in bankruptcy proceedings. 39 40 Section 6. Inconsistency, Partial Invalidity, Sever abill ty, and Survival of 41 Provisions. If any provision of this Resolution, or any portion thereof, is held to be invalid or 42 unenforceable in or by any administrative hearing officer or court of competent jurisdiction. the 43 in-validity or unenforceability of such provision. or any portion thereof. shall neither limit nor 44 impair the operation, enforceability, or validity of any other provision of this Resolution, or any 45 remaining portion(s) thereof. All other provisions of this Resolution, and remaining portion(s) 46 thereof,. shall continue unimpaired in full force and effect. 4 of 5 39 Section 7® Captions and Paragraph Headings. Captions and paragraphea in s, 2 where used herein, are inserted for convenience only and are not intended to descriptively limit 3 the scope and intent of the particular paragraph®r text to which they refer, 5 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, 6 Florida, at a regular meeting heldn the 28h day ®f April, 2023. 7 Joe Scarpelli, Chair YES 9 Ron Demes, trice Chair YES 10 George Neugent, Commissioner N I ( Rosemary Thomas, Commissioner YES 12 David Ritz, Commissioner NO 13 14 PLANNING COMMISSIONCOUNTY,FLORIDA 15 16 By: _ , . _ a._.._. ._. ... .,., 17 Monroe C inty 'larinin Cc� irriission Chair Jae Scarpelli 1 19 Signed this „� ay of fi , 2023 20 22 Notary Pubic.state of FWr9da eta, '' Oct0716 rOMMsS�ii�,9 iti�03 24 a�apt through Ndtfcpa i ta Assn. t� T'A ELL.,. !C ST Tw .� F... 0'-kI._._......_ sa`" E � F F lA 25 26 Monroe County Planning Commission Counsel 27 T/roved'�As To Form FILED T 28 29 30 o in J W to Esq. 31 area A 5 of 5 40 PLANNING COMMISSION April 28,2023 Meeting Minutes The Planning Commission of Monroe County conducted m hybrid virtual and in-person meeting on Friday, April 28,2023, beginning st \O:0Oa.nn. CALL TO ORDER 6v Chair ScucpeUi PLEDGE OF ALLEGIANCE ROLL CALL 6vl\zc /\gui|n PLANNING COMMISSION MEMBERS Joe ScaroeUi' Chair Present Ron Dcmcs Vice Chair Present George Meugent, Commissioner Present David Ritz. Commissioner Present Rooemnmr} Thomas, Commissioner Present Douglas Pryor, Gu'0fOcio Mcmnber(M[SD) Absent Christina Gardner. Ex'OOicio K@ernbcr(NAShiVY) Absent STAFF Emily Schcnoper, Senior Director n[Planning and Environmental Resources Cheryl Cioffad. Assistant Director n[Planning Mike Roberts, Assistant Director of Environmental Resources Brad Stein. Development Review Manager DcvinTo(pin. Principal Planner Peter Mon-is. Assistant County Attorney John \Vn|yc. Planning Commission Counsel ||re /\gui|m. Planning Commission Supervisor COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL Count Resolution 131-92 \,%as read into the record bN Mr. John Wolfe. SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS Ms. //ze agu//a cnnr/nmco receipt of all ncxcouucy pmpervork. Additional copies of presentations were also received. SWEARING OF COUNTY STAFF County staff was sworn inhy Mr. John Wolfe. along with all applicants and public participants. CHANGES TO THE AGENDA None. Items | and 2 read together. l 41 DISCLOSURE ICI ICATI S Chair Scarpelli disclosed that he had spoken with Mr. Bart Smith regarding Items I and 2, and had received a lot of correspondence concerning Items I and 2 via email. This will not affect his decision today. Commissioner Ritz stated that he'd had numerous discussions with numerous people on both issues. This will not affect his decision today. Commissioner Neugent stated that he had been to the Cernex site, and spoken with some of the principals involved in Items I and 2, and in communication with folks regarding Items 3 and 4. This will not affect his decision today. Commissioner Thomas stated she had received numerous communications but did not speak with anyone. This will not affect her judgment today. Commissioner De es stated that he had only spoken to two County Commissioners and that surely would not affect his judgment today. APPROVAL OF MINUTES Not applicable. Chair Scarpelli announced that public comments would be limited to three minutes to keep things moving along. If a prior speaker has made the same comments that a subsequent speaker wishes to make, it is acceptable to state that you agree with a prior speaker to avoid repetition and keep things moving forward. MEETING AGENDAITEMS 1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-143 TAVE NIER KEY COMMERCIAL OVERLAY (TICCO) DISTRICT; ESTABLISHING PURPOSE AND INTENT, BOUNDARY, APPLICABILITY, NROGO ALLOCATION STANDARDS, AS-OF-RIGHT AND CONDITIONAL USES, AND MAXIMUM NONRESIDENTIAL, AND RESIDENTIAL DEVELOPMENT POTENTIAL, FOR PROPERTIES LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATELY MILE MARKER 92.5, HAVING PARCEL IDENTIFICATION NUMBERS OOO89490-000000 AND 00490250-000000a AS PROPOSED BY SMITHIHAWKS. PL ON BEHALF OF CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC F/IC/A SI GLETARY CONCRETE PRODUCTS INC.; PROVIDING FOR SEVE ILITY; PROVIDING FOR REPEAL. OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LANCE PLANNING AGENCY AND THE SECRETARY OF STATE. PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-053) 2 42 ORDINANCE BY THE MONROE COUNTY COMMISSIONERS AMENDINGTHE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP TO APPLY THE TAVERNIER KEY COMMERCIAL OVERLAY (TC ) DISTRICT. TO PROPERTY LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATELY IL A E 92.5. CURRENTLY AVIN PARCEL IDENTIFICATION NUMBERS 000 9 90-00 0 0 AND 00 9025 -00 0 0 PROPOSED BY CEMEX CONSTRUCTION MATE IALS FLORIDA, LLC F/ /A SINGLETA Y CONCRETE PRODUCTS INC.: PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FORAMENDMENT TO THE LAND USE DISTRICT (ZONING) A ; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-054) (10:07 a.m.) Ms. Devin Tol in. Principal Planner, presented the staff report, having worked on these items with Ms. Cheryl Cioffari, Assistant Director of Planning. This presentation concerns a private request to establish the Tavernier Key Commercial Overlay District. The applicant has applied for a text amendment to the County's Land Development Code to establish the overlay, and an amendment to the Land Use District Map to actually apply the overlay to the subject property. The overlay proposed shall apply to two contiguous properties aggregated to make u one property at Mile Marker 92 in Tavernier. This property is located within the Suburban Commercial zoning district, the Mixed Use Commercial FLUM category. and is also located within the Tavernier Creek to Mile Marker 97 U.S. Ilighway I Corridor District or TC overlay. This property is also subject to the policies and guidelines provided in the Tavernier Livable CommniKe}'s Plan which is adopted as part of the County°s Comp Plan. The proposed amendment establishes the overlay district with a purpose, intent and a boundary, and requires an amendment to the Land Use District Map to apply the overlay to a new property. The amendment would also allow for NROGO allocations or transfers of up to 70,000 square feet of floor area which could be used for a single structure. The amendment would limit the maximum development potential of the property to 70.000 square feet of non-residential floor area and 86 units of deed restricted affordable housing. There is no reference to limiting market rate units. The full text of the proposed amendment is included on pages four and five of the written staff report. It is important to note that the traffic study submitted with these applications has not yet been approved. The applicant has submitted a request in writing to have this item scheduled before the Planning Commission in accordance with established rules and procedures despite the study not yet being approved as requested by the Planning Director. Additionally, the applicant has submitted written acknowledgement of the County°s insufficient balance of affordable ROGO allocations though the text in the overlay does provide for development of u to 86 affordable units on the property. s. Tolpin emphasized that the proposed development would allow for the development of a 70.000 square foot non-residential structure on the property. The applicant has made and is likely to continue to make assertions specific to a certain business. The County Land Development Code and Comp Plan cannot and will not regulate the ownership of a property. only the use. There are no development controls in place that can ensure a specific business such as Publix operates a structure or retains the property and therefore. amendments to the Land 3 43 Development Code cannot be reviewed based on a specific business plan by a property owner. It is imperative to consider this request based on the fact that the proposed 70,000 square foot structure that could be allowed within this overlay may be any commercial business, The principal issue when considering the amendment to create this overlay is the language regarding the NROGO regulations. Currently, the Land Development Code limits the amount of new commercial floor area to be allocated to a site to a maximum of 10,000 square feet per quarter. This amount of square footage allocated quarterly works to slow development to ensure deliberate and consistent development occurs within a given area. The overlay would allow for the allocation of 70,000 square feet at one time. There is a sufficient balance of non-residential floor area in the NROGO bank and this could likely be achieved without issue, More importantly, the amendment would allow for a single structure to receive an allocation of up to 70,000 square feet of commercial floor area. Currently, the code does not allow for an allocation of new non-residential floor area that would expand the structure to more than 10,000 square feet unless that structure is located within the Urban Commercial zoning district, in which case the structure would be limited to a maximum of 50.000 square feet unless that structure is within an overlay established in a community master plan or Chapter 130 specifically allowing a structure over 10,000 square feet. In this case, the proposed amendment would be establishing a new overlay within Chapter 130 that would specifically allow a structure over 10,000 square feet. There is an adoptive process when reviewing amendments to the land development code and the zoning maps. A concept meeting was held on June 28 where it was determined that these amendments would not have a countywide impact. Two community meetings have been held to discuss this project. These items were presented to the Development Review Community where the chair signed a resolution recommending denial of these amendments. Today the files are being presented to the Planning Commission who will make a recommendation to the BOCC. who then will ultimately adopt or deny these amendments. When reviewing an application for an amendment to the text of the County's Land Development Code and Land Use District Maps, the BOCC must consider the factors included in the written staff report. Staff must review for consistency with the Comp Plan, the Tavernier Livable CommuniKeys Plan and the County's currently adopted code. The code does not allow for an amendment to be approved which would result in an adverse change in community character to the subarea the proposed amendment affects or to any area in accordance with the Livable CommuniKeys Plan. It is for this reason that when reviewing proposed text and map amendments. staff must review for consistency with the community character and for any potential changes to that existing character. This is further reinforced in the purpose of Section 102-158 of the County's Land Development Code. This is the article that provides a means for changing the text of the LDC. It states, "This article is not intended to relieve particular hardships nor to confer special privileges or rights on any person nor to permit an adverse change in community character, but only to make necessary adjustments in light of changed conditions or incorrect assumptions or determinations as determined by the BBC C." Amendments must be reviewed for consistency with the Comp Plan and code. The Tavernier Livable CommuniKeys Plan is adopted and implemented as part of the Comp Plan. In reviewing this CommuniKeys Plan it is evident that the vision was to preserve the heritage and natural setting of the existing community with limited redevelopment of commercial properties. The CommuniKeys Plan goes so far as to include an action item that prohibits the designation of 4 44 new commercial land use districts beyond those already contained in the master plan in order to prevent further sprawl and strict commercial zoning. It is important to note that commercial retail uses could be permitted on this subject property and would be consistent with the underlying Suburban Commercial zoning. However, because the property is also located within the TC overlay district, staff must review for consistency with the Tavernier Creek to Mile Marker 97 U.S. Highway Corridor development standards and guidelines which are adopted as part of Chapter 130 of the Land Development Code. These guidelines include specific building types with the intent of guiding new development so that it continues to define the character of Tavernier and so that the massing scale and materials of new structures are compatible with the existing character. The guidelines provide for the construction of large commercial buildings through the aggregation of smaller buildings. If this proposed amendment is not approved, the property still does have a very high amount of non-residential floor area that could be constructed on the property in a manner that is consistent with these guidelines. To further guide development within the Tavernier Corridor overlay, these guidelines utilize transect zoning. These transects do not eliminate the standards set by the County's code or zoning laws but are intended to help organize the regulations according to the transect with which the property belongs. This property is located within the suburban transect which is characterized by intermittent occurrences of open space. residential development of diverse densities, and industrial and general commercial uses following a pattern similar to that found in the mainland suburbs. Alternatively. the urban zone is the area where most of the retail and commercial mixed use development are found and it is the area that the community identifies as its center. To aid in the review for consistency of the proposed overlay with the existing Tavernier community character, staff reviewed the size of existing buildings of surrounding properties within both the urban and suburban transect zones. The ability to construct a structure of up to 70.000 square feet would result in one that is much larger than existing structures within the suburban zone and would be inconsistent within the established community character. The existing land development code, when coupled with the Tavernier Corridor Overlay Guidelines and the Tavernier Livable CommuniKeys Plans intentionally limits the maximum size of each structure. Additionally, the proposal is inconsistent with Comp Plan Policy 101.5.6, which states that various types of commercial retail and office uses may be permitted at intensities that are consistent %%ith the community character and the natural environment. The text amendment, as drafted, proposes to relax the development restrictions on the property without providing adequate data to support such a change nor demonstrate consistency with the Tavernier Livable CommuniKeNs Plan and existing community character. It is anticipated that the proposed overlay would result in an adverse effect in the character of the Tavernier community. It is for the reasons described today and throughout the written staff reports that staff recommends denial of the proposed amendment to the Land Development Code to establish Section 130-143. the Tavernier Key Commercial Overlay, and denial of the proposed Land Use District Map Amendment to apply the overlay to the subject property. Commissioner Ritz wanted to clarify that whether this Commission recommends approval or denial, this still goes before the BOCC. He also wanted to confirm that if approval is 5 45 recommended, and assuming the BOCC recommends approval, that nothing would get built until the applicant comes back and actually proposed something, and asked if that something would require a major conditional use. Ms. Tolpin stated that it would be specific on exactly what was being proposed and in this case, yes, it would require a major conditional use permit if the applicant proposed a 70,000 square foot retail building. Commissioner Ritz asked if that would also be true if a 50,000 square foot retail building were proposed, and Ms. Tolpin stated that it would. The applicant has made certain assertions about building a Publix and affordable housing, but they would have to come back and actually shove exactly what they were going to do. Commissioner Neugent asked that in light of this, if this were denied today, if this part of the request would still go before the BOCC, Ms. Tolpin stated that it would, unless the applicant amended it, and it would be noted that the Planning Commission recommended denial. Chair Scarpelli then asked to hear from the applicant. r, Bart Smith, representing the applicant, stated that a very specific project is being proposed for a unique parcel not only in the Upper Keys but in the Florida Keys. This is the Cemex parcel which is 20 acres having 15 acres of scarified land, which is 600,000 square feet. There are probably less than five parcels left that are this size that have the zoning of Suburban Commercial, and there's probably only one. The other parcels are Industrial, but he has not found any in Monroe County that meet this size and scope. So 600,000 square feet, based on the current Suburban Commercial zoning, has a potential of 152,000 square feet of commercial and can do up to 216 units of affordable housing. There's a mention about no limitations on market rate. Suburban Commercial only allows for market rate if it's nonconforming and was built before the code. There is no market rate on the parcel. The applicant would be willing to add a provision that no development of market rate could ever happen in the future. The applicants are the Toppino family and the Hurwitz family. Everyone is familiar with the Toppino family and their dedication to this community. They have looked at different sites throughout the Keys to try to bring affordable housing to the community, Most times the land casts are such that it doesn't make sense. Mr. Smith gave prior examples. Also, this is not affordable housing, it is workforce housing where tenants are required to be employed in Monroe County, This parcel"s very rectangular size and being situated on U.S. I allows the commercial venture to buy down the land to build the 86 unites of workforce housing. The applicant is not here today because a 50,000 square foot building isn't allowed. Regardless of the size of the building, all commercial retail is required to go for a major conditional use. The applicant is here solely requesting an allocation over 10,000 square feet. All other provisions are to limit the use of the property to the greatest extent possible to give the community certainty that this is what is going to occur. Everyone understands the unknown is the most concerning part. This parcel°s potential is 152,000 square feet of commercial retail. This limits it to the store which is a total of 70,000 square feet which is a great reduction, Mr. Smith went into why the store was important to the Florida Keys as a whole. The sole request of the overlay that is of importance is to get a 70,000 square foot allocation. The development of the store will come back before the Commission. The allocation is being requested in one part, and the applicant is agreeing to limitations on the property, as to the amount of total square footage that could ever be built, and limiting to 86 units of workforce housing. This is legislative at this juncture and looks for consistency with the Comp Plan and Principles for Guiding the Development. The Comp Plan in no place prohibits a store on this type of acreage of 70,000 square feet. Then the 46 Comp Plan adopts the Livable CommuniKeys plan which in the Suburban zone does not prohibit a store of this size. It has the dimension and development criteria in the Urban zone and states that commercial uses should be the same as Suburban on the mainland. Mr. Smith provided documentation of other Publix store sizes throughout the state. The Principles for Guiding Development are supposed to be reviewed as a whole. Management of Land Use has been identified as being inconsistent, but the reality is putting more restrictions on the property provides more management of land uses. And, as many are aware, one of the Principles is for the provision of providing affordable housing. Mr. Smith listed related prior court cases stating that ultimately, the courts decided for affordable housing in every case. so it is consistent with the Principles for Guiding Development. Who owns it can't be limited, but the intensity can be limited. The Livable CommuniKeys limits it to only commercial low or medium intensity which is why that limitation wasn't put into the amendment because it already exists. This creates the Tavernier Key Commercial Overlay District allowing the Publix grocery store and liquor store. The design is not complete but will come before the Commission at a later date. The applicant has provided the purpose, intent, boundary, the NROGO allowance for the allocation, subject to all other land development regulations, and provides maximum limitations which control the land even more. That is consistent with the Principles for Guiding Development. This proposes workforce housing buildings in the back and on the side. The development is consistent with community character. Alternatively, the applicant could propose an allocation of 50,000 square feet by just doing the LUD which would not be legislative, and because it's under the FLU , the applicant meets the requirements. The proposed size is related to having additional storage in cases of emergencies and storms. which is being done in other coastal communities. Mr. Smith detailed the sizes of Publix stores in both suburban and rural areas of the state for size comparison. This item is solely to create an overlay that allows the allocation in one allocation and in exchange, limit the amount of square footage of development on the property providing additional land use controls than currently exist and most importantly, providing the workforce housing. Typically, traffic studies are not done at this stage but the applicant has addressed this and identified trips that may need to be mitigated. The applicant's position is that by building this it will actually reduce lengths of trips because people don't have to drive as far, but it is within at least five percent of level of service C. The applicant is willing to do mitigation but that is done at the building permit stage. The traffic study is not necessary at this stage but was required. Mr. Smith asked the Commission recommend approval. Chair Scarpelli asked for Commission comments or questions. Commissioner Demes clarified that one of the court cases that Mr. Smith had cited from 2003 with a proposal for a development off of Runway 03. which happened to be an accident potential zone, the court had sided with the Navy. so it wasn't every single case. Chair Scarpelli then asked for public comment. r. James Anderson purchased his home in 192 and is vehemently opposed to the Publix complex and housing. Lie has enjoyed his peace and quiet and is very concerned about a development destroying property values, increasing crime, and additionally burdening emergency services. lie had participated in the Livable CommuniKeys project and it would seem like a waste of time having worked on the LCP. Mr. Anderson stated that the former Commissioner, the Tavernier Historical Group and everyone would be opposed to this and asks 7 47 the Commission to deny the Publix as there already is one at Tavernier Town. The traffic study has not been completed yet. He would like to preserve the heritage of Tavernier. Captain Spenser Bryan, Monroe County Sheriffs Office, stated that on behalf of Sheriff Ramsay and the Sheriffs Office, they support the affordable housing as it has been an issue for a long time. There is a problem keeping deputies because it's too expensive to live down here, so the more affordable housing, the better. It is not just the Sheriffs Department but EMS, teachers, and any other essential personnel, There are three jails in the county and the one in the Middle Keys is not staffed. They have deputies who want to live down here and be part of the community but unfortunately, can't afford to be here. These same issues about Publix were brought up both in Marathon and Islamorada. Understanding the traffic study has not yet been done, the same thing was said about those Publix stores causing traffic issues. He does not believe it will. The light at Burton Drive that has been installed will quell some of the problems in this area. The Publix in Islamorada has caused zero issues as far as traffic which is crazy because everything in Islamorada causes a traffic issue. The Sheriff"s Office supports this project and hopes the Commission will consider it, Mr. Richard Barreto spoke for the Tavernier Community Association and thanked the Commission for agreeing to host the meeting at the Murray Nelson Center. He has reviewed the written public comments from 26 individuals and two community organizations. Additionally, on June 14, 2022, the TCA hosted a meeting where 80 residents of the community attended. There were countless responses in person and by zoom at the DRC meeting and the two community meetings preceding this Commission meeting. Those comments made verbally are not part of the Commission's material, but out of all of those comments there was only one individual that supported the commercial aspect of this development. That is very telling because the applicant will have you believe that this project will bring much needed service to an area with limited options and that it is needed, but the people who live and work here are singing a very different tune. We are telling you that we understand the proposal and have plenty of options. More is not necessarily better, We value our Tavernier community. Please listen to us. The level three traffic study is required where the applicant failed to respond to several outstanding issues, and has elected alternatively to have the Board consider it without the benefit of the approved study. That an approved level three traffic study is required, and given that it has not been submitted to this Commission, that in and of itself should be grounds for denying this proposed amendment. Reading further into the applicant's response to the staff report, it's clear that a lot of these layers we've been going through over the last year the applicant feels is unnecessary and an inconvenience. They would rather you just push this off to the BOCC, let them review it and sift it all out in the context of a major conditional use permit. While that would be convenient, that is not how the system works. The system is designed to protect this community and our environment. Every layer of review, including this one, has a critically important function. This Commission's recommendation has meaning. The proposed commercial overlay district violates the Tavernier LCP and essentially creates a new commercial land use district in direct violation and totally inconsistent with Section 313 of the Tavernier LCP. This section prohibits the designation of new commercial land use districts beyond that contained in the master plan. There is no such Tavernier commercial overlay contained in the current master plan. There's a lot of ado about affordable housing but that is not the priority of this development. The commercial aspect is in phase one and is the priority. It will do nothing 48 but aggravate workforce housing for quite some time to come with really no guarantees that the affordable housing will ever be built. There will be an adverse community change to Tavenlier if the amendment is approved and it defies logic to think otherwise. The only building larger than this is Mariner's Hospital. The fact that Publix has been able to build similar-sized buildings throughout the State of Florida is not justification to build one here in Tavernier. The proposed amendment is not consistent with the Comp Plan. This commercial building does not fit in any way with the community character of Tavernier. He asks the Commission to support the Planning Department's recommendation as the) have conducted a detailed review of the applicable provisions of the laws and concluded that the Commission should refuse the approval. He supports that conclusion and thanked the Commission for the opportunity to speak. Ms. Joan Scholz stated that it is not because of the unknown that she is speaking today, as Mr. Smith referenced in his statements, but it is because of the building overdevelopment, the ecosystem, traffic, fragile environment and the water situation being experienced now with four miles of pipeline being replaced, the three water main breaks, the lack of reserve that we have, and the Aqueduct knows we are over capacity of building. We don't need another Publix which is a mile from Winn Dixie and a few miles from the other Publix. Ms. Scholz thanked the Planning Department for having spent so much time on this. She is in agreement with the Planning Department and asks the Commission to deny this application and give a recommendation of"no" to the BOCC. Mr. Frank Pla was not available to speak. Ms. Linda Norman has had a home in the area for over 45 years. Her shopping has improved over those years. In the beginning there was a grocery store called Clara and Doug's which is now Sunrise Market. That was a mile from her home when Winn Dixie opened two miles from her home which offered a wide variety of products. Winn Dixie is a comfortable bike ride if she doesn't want to drive her car. She questions why the developer would want to build a huge Publix store only one mile from the Winn Dixie and less than ten miles from their existing, soon to be expanded store at mile marker 101.5. It doesn't make sense and its existence would be a travesty to the small, quiet town of Tavernier. She read an article about a Publix Supermarket to be built in Gainesville proposed to be 55.000 square foot, smaller than the one proposed in Tavernier. and will anchor a 46,000 square foot shopping center in Gainesville %Nhich %%III become a hub for a population of about 141.000 people. This is a 64,000 square foot store to be supported by the entire islands of the Florida Keys with a population of 83,000. Most of the cars are driving through Tavernier heading to Key West or Miami. Key Largo Fisheries has their main market at mile marker 100, and the) opened a smaller location for the residents in Tavernier, and the town could not support that little shop and they have now closed after only two months. A'hat will happen "hen Publix finds out a Publix of that size cannot be supported in Tavernier. We're going to have a show of a building sitting there. She wholeheartedly objects to this development. Ms. Sue Miller of Islamorada stated that this does not affect only Tavernier, rather all of the entire Florida Keys. There is too much traffic and not enough water. There is an affordable housing issue but this 70.000 square foot retail space would use more than 86 employees. A store this size is going to increase the demand for affordable housing. She doesn't expect to see 9 49 a lot of Sheriffs deputies and firefighters and other employees there. The applicant says they are going to mitigate the traffic. If they have some magic to mitigate traffic we all should hear about it because we already need a lot of traffic mitigation, The fact that the applicant is doing an affordable housing project seems to be the controlling thing here, when in order to do this they're required to have an affordable housing component. It is secondary to them but it shouldn't be secondary to the community. It should be phase one., as she is concerned that as phase two it may never get done. This is not something acceptable to the community character of Tavernier or there wouldn't be this many people here participating. Ms. Miller thanked the Commission for listening. Mr. Burke Cannon represents the Federation of Homeowners as Dottie Moses is out and could not make it. Mr. Cannon agreed with everything staff recommended. The lawyers have never come up with a statistic that says we have this many people, boat hands, teachers, firefighters, and how much affordable housing do we need. It seems like we should know how many people we have employed here and how many are not living here because of this affordable housing problem. He understands the Sheriffs Office has a problem and they can't afford it, but this is going to be endless. This kind of project won't cover affordable housing for everybody here. The Federation members voted unanimously to object to this application for a map amendment and overlay. Similar neighborhoods live within the Tavernier LCP and the Federation is in full support of their objections to the overlay district. It is obvious the community intended to maintain a small town commercial footprint. The opening vision statement expresses the goal clearly. Mr. Cannon read the goal to the Commission. The existing code prohibits a quarterly allocation of non-residential floor area of more than 10,000 square feet. This proposal is for 70,000. which is a huge difference that rejects the intent or the community's wishes as reflected in the LCP, which expresses a desire to redevelop at a village scale. One of the letters submitted addressed the large amount of planning and input that went into the Tavernier LCP. This was not an overnight thing. What is the point of planning for the future and gathering community input on zoning if each and every development request for expansion is granted? Offering an exception to the rule for this development encourages more requests for spot zoning. Mr. Cannon reiterated that there is no traffic study, and another item in the LCP is the safety aspect and that this cannot cause more dangerous traffic problems. This is an historic district. The applicant, who is not from Tavernier, assumes they know what's best for the Tavernier community even if the Tavernier community does not want what they have to offer. Mr. Burke asked the Commission to alloy` the Tavernier community's vision to maintain the existing small town community character by limiting the development of commercial properties. This overlay does not fit that vision and the Federation recommends denial. Mr. Andrew Tobin thanked the Commission for having the hearing in Key Largo as it is important the Commissioners get to know the area. Mr. Tobin came to the Keys in '76. was a prosecutor for three years, was the County's first zoning prosecutor, went through the 1985 Comp Plan efforts, litigated the 1992 Comp Plan, litigated in state and federal court on zoning issues and has read maybe a thousand cases involving zoning and land use, There is no case law or authority that supports this. Doing something bad to get to something good is not part of the criteria the Commission is expected to follow. The proposed Publix good which is the economic engine for affordable housing is not a factor in the Commission®s decision whether to create a new zoning category. This is a 700 percent increase in the floor area ratio of a development 10 50 within the Tavernier LC P area. The Urban Residential maximum is 50,000, and the developer is asking for 70,000. Mr. Tobin suggests the Commission not overlook the Comp Plan and the slow, small development potential vision. The whole purpose of the allocation system was that one developer would not suck up all of the allocations for a particular area, and with this, that is going out the v%in ow. Teapplicant is asking the Commission to overlook all of the existing laws, the Comp Plan, the LC P and basically saying, we have good intentions. Mr. Tobin represented Publix in Islamorada and it took the six or seven years to finally get development approval because Islamorada also has very restrictive zoning regulations. This is bad precedent and Mr. Tobin urges the Commission to follow staffs recommendation. Mr. Allan Aldridge. a Tavernier resident for over 30 years, is on the Tavernier Community Association board. Ile supports his friends and neighbors in the community who have spoken. One of the most critical infrastructure issues today is water and the water pipeline. Currently, an organization called APANA that does commercial and industrial property evaluations for resources. states that a large grocery store uses about 350,000 gallons or more of water per month. Individual residences, on average, use 300 gallons a day, multiplied by 86 housing units is about 774.000 gallons of water a month. Together, this is the development of a property that will use upwards of 1.2 million gallons of water per month, in a pipeline that has already in three locations in this area had significant line breaks, in fact ruptures, of the pipe, one being almost eight feet long. Mr. Aldridge is an engineer and stated this is a big deal. The FKAA Director recently in interviews made it eery publicly known that it's going to take over tell years of projects to replace our critical water infrastructure pipeline supplying the Keys and he doesn't know where he's going to get the money to do that. Adding this to all of the other things that will be considered in the next ten years that will add more and more water usage is something the Commission should take into account when reviewing this project and the several others that will come before them. Ms. Phyllis Mitchell thanked the Commission and asked the to please remember as they're making their decision that they represent the people of the Florida Keys. More development means more traffic. More traffic is a huge safety factor both on an everyday level from people jumping on the highway after waiting too long to get on, to the ability to evacuate the Keys which is nova at a very dangerous level. Ms. Mitchell asked the Commission to give this deep thought. Excellent points have been expressed this morning. She is confident the Commission will do a good job. Ms. Tammy I-reitag stated that she was speaking for herself and Mr. Frank Harrington. Please do not destroy the Tavernier Historic District. She lives in her grandparents' home which was purchased in the sixties. It has been a nightmare to get out of her street with the light at Burton now. It will be much more of a nightmare with another light for a Publix. She understands the need for affordable housing but Publix is not necessary. She has no problem going to any grocery store, and there is a liquor store at Tavernier Town and everywhere. Please keep the community as is. Ms. Lisa Ream stated she had nothing additional to add. it 51 s. Lisa Bennett thanked the Commission and the community. When she first carve down in 1968 there was only the Shopper and ontey's. She dearly loves those memories of growing up in the Florida Keys. Everything she's heard so far about the infrastructure and what`s going on concerns her very much. She hopes and prays the Commission makes the right decision. r. Tom R.afftnello of Islamorada represents the Islarnora a Community Alliance. There isn't ranch more he can add as far as context as the others were right on the money. The Trojan horse of affordable housing is a myth. There is nothing affordable about it. The statute needs to go back to Tallahassee and be revised. Right now, a family of three or four making 140 to$i 50,000 qualifies for affordable housing and that's not where we want to be. He was a fed and a cop and it took hire 30 years to make that kind of money. As to Publix, sometimes you have to look at the need for something. If he stood on this roof he could see the ether two Publix stores from here. There is no need. Boil it down to a simple thing, where is the need for a 70,000 square foot Publix in a town like this. The traffic and water is out of control. There is no need and it's an easy decision if the Commission really takes a look at it. It is an adverse change in the citizens` lives and he asks the Commission to do the right thing and deny this. s. Karen Rodriguez who has lived here since 2009 stated that everything she has heard sounds good, but one of the underlying things to remember is they want to build 86 affordable housing units behind all of that commercial property. Why not just turn it into a park and have the affordable housing in it. That's it. r. John Howe stated that he has nothing to add that hasn't already been said. He has scanned through the Planning Department's report and was struck by the amount of work and intelligence and training and all of those things that went into producing it,and he thanked the Planning staff. Two things leapt out at him and that was the fairly long list of inconsistencies with the Tavernier LC:P, and the Monroe County Comp Plan and a bunch of Florida Statutes. And then, a list of requests and concerns voiced by the Planning Department and community residents about things it needed to learn or didn't understand. After each one of those items there was a comment from the staff saying no response has been received from the applicant, Mr. Howe's main point has more to do with the number of people present today, This is what democracy is all about. Average citizens who live in this community are making their voices heard. About half the people here have referred to the Comp Plan, the Tavernier LCP and the Florida state laws that according to the Planning Department make this application seem to be inappropriate and worthy of denial. These documents have come from hours and hours of work, time and money over the years by people creating a vision for its community. There are Maybe a hundred people here but there are many hundreds more who are supporting us who are not here, those who have passed on or moved away, but they are here too in spirit with their thoughts and visions and ideas for how this community should be. Mr. Howe wanted to recognize that many people have led to this moment and he hears their voices saying this is not appropriate. Can a more positive note, that piece of property is an opportunity to make something appropriate for this community. He hopes the Planning Commission can spend more time on planning for that piece of property. rather than on legal defense, some way that will benefit the owner and the community. Ms. Patricia McGrath of Grassy Key stated that her concern, along with those about FKAA is about the storrnwater runoff and the sewage that will be created with either one of the 12 52 developments. FA A has stood up against losing local control of their authority. of affordable and workforce housing are most important. Publix can afford to do the workforce housing first. It seems the citizens are being threatened, watch out or we will do whatever alternative we have. Ms. McGrath thanked the Planning Department for the massive number of hours putting their report together. She would like to see the Commission come forth with zoning and property use regulations that would not even allow someone like Publix to come in and waste all of our taxpayer dollars. Ms. McGrath the the Commission. Mr. John Magill from Richmond. Virginia has lived here 26 years, went to Virginia Commonwealth University and has a master's degree in planning. The biggest disaster of all planning is the saying "build it and they will come." He was a project inspector on a 300.000 square foot auditorium and civic center arena and a 600,000 project, and a carpenter on a civic center town all. both of which are in the process of being demolished, and those were built only 30 )ears ago. Ile hates to see this happen. The whole place should be built with affordable housing. Mr. Magill thanked the Commission for allowing him to speak. Ms. Sylvia (last narne unknown) could not connect via Zoom to speak. Chair Scarpelli closed public comment. Mr. Wolfe suggested the applicant be allowed to rebut the comments and then allow the Planning staff to %%rap up. Ms. Cioffari indicated there were two more hands raised to speak in the Zoom audience. Mr. Robert Hilton and Ms. Lynn Hilton and Ms. Tina (last name unknown) dropped their hands. Public comment was then officially closed. Mr. Bart Smith reiterated in rebuttal that this is a unique property that is presently an industrial concrete block plant. Commercial uses are permitted. Large buildings are permitted on commercial uses. There is no change in the zoning district. All that is being requested is that an allocation greater than 10,000 square feet be allocated to the property. It does not change the list of permitted uses. the conditional uses or the requirements that this goes back to. What it does change is it allows restrictions above and beyond what the code has to be put on this propert%. The applicant has agreed that all they can do is get this allocation and that's it., which means no market rate housing. The applicant will come back and satislj every condition. There is nowhere in the Comp Plan. the LC P or the Land Development Code that prohibits buildings of this nature. In fact, it expressly provides they are allowed. He understands the statements about community character, but that communit) character is defined by the property and what its allowed uses are in these documents. These uses are allowed. Sometimes the tougher decisions are the ones that need to be made. In this case, like every time, there's something that we want. We want workforce housing. but we have to have an economic engine to drive it. This is what can be done on this property. it is permissible and within the realm of the Commission's ability to recommend approval. The Commission will have another shot to look at every part of this. The traffic stud) is at the finish line. A traffic study for a land use text amendment that doesn't change anything in the code is not a requirement. The applicant is doing it now to provide the documentation. It is a requirement or the conditional use approval and will be finalized well before that. Mr. Smith asked the Commission to recommend approval to the BOCC. If the Commission %%ants a stronger condition to parts of the workforce housing, the applicant is 13 53 amenable to those. Any statements as to the water supply or levels of service he vehemently disagrees with and they are made solely to say no to anything. s. Emily Schernper, Senior Director of Planning and Environmental Resources, stated that she as not sure if Mr. Smith's was confused about the Land Development Code requirement for the size of the structure or if he was making a separate argument, but he had stated there is nothing in the Land Development Code that would prohibit a building of this size. That is not true. Part of what the applicant is asking for is an NROGO allocation that would go to a building that is larger than 10,000 square feet. If you cannot get the NROGO for a building that's larger than 10,000 square feet, then you cannot build a building that is larger than 10,000 square feet,- therefore. it is not allowed by the Land Development Code. It is not written into the zoning category necessarily but it is implemented by the NROGO code, Ms. Tol in has presented all of this and it's in the staff report but Ms. Schemper wanted to make sure the Commission understood these points. Another assertion has been that there is no place for the County to be reviewing community character in this process. That is entirely untrue. Section 102-58 of the Land Development Cade is specifically about amendments to the Land Development Code, and the purpose states, **This article is not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit an adverse change in community character." Then further down in the section under the procedures. action by the Board of County Commissioners, "The Board may consider the adoption of an ordinance enacting a reap amendment if it meets the following factors." And there are seven factors listed which includes the Principles for Guiding Development. which Mr. Smith has pointed out. But if you continue it also says under that section, "in no event shall an amendment be approved which shall result in an adverse change in community character to the subarea which a proposed amendment affects, or to any area in accordance with a Liveable CommuniKeys Master Plan pursuant to the findings of the BOCC." Again, that's al under amendments. It's not under the conditional use permit review. It's under amendments to the code. So community character is definitely a factor in the Commission's consideration of this. Going back up to the first part under amendments under the purpose, to paraphrase, this article is not intended to confer special privileges or rights on any person, We've heard a lot about Public today. You are not actually reviewing specifically for Public. You are reviewing for a lame retail building. And, the way the language is drafted, it doesn't specifically say commercial retail, it says non-residential. So the way this is drafted it would allow a non-residential structure of up to 70,000 square feet on the site, we don't know which retailer, we don't even know if it is retail. It could be fight industrial. It could be an Amazon warehouse. It could be whatever, we don't know. The point is you don't actually know who the tenant of that building is going to be or the owner in the future. So when reviewing amendments in particular you need to think about the larger picture and what would be possibly allowed. That has played into the traffic study as well, Ms. Schemper agreed with Mr. Smith that the traffic study is all but approved so it is not true that they have not submitted a traffic study. Staff has reviewed most of that. It's really come down to mitigation. But, if the Commission reviews this just because this is a Publix, that could be conferring special privilege on an individual 14 54 person or entity. Also, regarding Publix, Mr. Smith gave sizes of a number of other Publix stores in Florida, but none of those were island Publix stores, nor the sizes of the other Publix stores in the Keys already. From Ms. Schemper's knowledge, the Islamorada store is about 35,000 square feet, and the other Key Largo Publix getting rebuilt at Trade Winds Plaza is about 60,000 square feet, so that one would be about the same size as the one proposed here. If part of the argument is that this can be some sort of post-hurricane suppl) chain system, if the other Key Largo Publix is also serving as that, then are both necessary. Again, you are not reviewing just for Publix so there is no guarantee that something like that would be put in place. This has not been designated as some sort of emergency management facility. Ms. Schemper had been surprised at how strong the argument came across regarding this retailer being the economic engine needed for the affordable housing. The meat of the amendment allows the large non-residential structure. It's really not written to guarantee that any housing is there. The question would be for the applicant, if they would be willing, to write into the amendment something about the affordable units being required where the ROGOs are coming from. what happens if you don't get the ROGO allocations, et cetera. Mr. Smith responded that the) would certainly write in that they were required because ifthey're required to be CO'd, then the applicant has put themselves in a position that if they don't get them built, then the other part can't occur. Ms. Schemper asked if the owner would then be suing the County because the applicant wasn"t given ROGO allocations. Mr. Smith stated it would be LIP to the applicant to obtain the development rights. They have talked to the Village of Islamorada who is amenable to do ail I to provide the units because it's in their back yard. So, by any mechanism necessary but the applicant is required to obtain the development rights. Ms. Schemper asked if Islamorada had 86 affordable ROGOs or market rates. Mr. Smith stated they had the 300 July ones. Ms. Schemper stated that currently, those are not allowed to be transferred to Monroe County per the Monroe County ordinance. Mr. Smith stated that that ordinance was not effective yet and was on appeal. Ms. Schemper stated that was the same for Islamorada. Mr. Smith stated that as soon as the hurricane evacuation was addressed, then that's final, whereas Monroe CountN's was appealed on, on numerous grounds. But the applicant acknowledges they have to be able to get the development rights. Ms. Schemper asked if that would be something the applicant would be willing to write into the amendment. Mr. Smith confirmed that to be correct, it was always the intent on that. The two parts work in unison with the commercial retail buying down the cost of the land to make the affordable housing feasible. Chair Scarpelli asked if that wouldn't be more appropriately part of a conditional use instead of a land use amendment. Ms. Schemper stated that because the purpose of this land development code amendment and what it's doing is alloying a larger building, and the argument is that the reason for the larger building is to fund the affordable housing, that it's all one big picture. This has been done with other projects, but the full picture of the development plan very often gets written into the actual policy. Ms. Schemper also wanted to make sure the Commission understood that the watt the amendment is currently written. it's actually putting more limits in some ways on the development allowed on that property. Whether that's in terms of number of units, total amount of square footage, whether smaller buildings or larger buildings. the total amount of square 15 55 footage right now is written in to be limited. But it is also written to limit which uses. Ms. Schemper wanted the Commission to be aware that other uses that would normally be allowed in Suburban Commercial do include things like office space, restaurant space, commercial recreation, public buildings, parks, public infrastructure, institutional, et cetera. So there are two directions to go. Either it's written that non-residential uses are allowed up to 70,000 square foot building or if they want to be specific that it has to be commercial retail, that's another direction to go, or if they want to list additional uses. She was not actually sure what the intent of the applicant was because right now,the purpose says commercial retail, but the list of requirements says non-residential uses, Mr. Smith stated that the purpose is commercial retail. Ms. Schemper stated that was something to keep in mind, if the Commission wanted it limited to commercial retail or left open to other things that could possibly go there with it such as public buildings, institutional, office,et cetera. Commissioner Neugent asked if it would be fair to say that if this was denied, something is going to be built on the 20 acres by somebody, Ms. Schemper stated something would probably be built there, yes. It would have to be in smaller buildings. It could be more units, more square footage, but smaller individual buildings. That is where the conflict is between what is being proposed and how the current code is written. The maximum square footage that could go on the site right now is about 120,000 square feet. Ms. Tolpin stated that it ranges based on the intensity, from 91,000 for high intensity up to 212,000 square feet for a low-intensity use. Ms. Schemper added that that would all have to be in individual smaller buildings. It could be developed as a combined development plan, but it would all be smaller individual independent buildings. Commissioner Ritz confirmed that was almost twice the amount of square footage that could be built there if they built it in smaller units. Mr. Smith added that the applicant is committed to the workforce units, that certainly before the CO of the non-residential, that the units would be CCU' , but the final recommendation could includes that language with direction for staff to finalize that language,and he would request approval with that language. Chair Scarpelli wanted to clarify that it would have be a bunch of smaller stores, but that they would also only be able to be developed one per quarter at 10,000 square feet. Ms. Schemper stated that would be correct, it would be slower. Commissioner Demes asked if large building was defined in the Comp Plan or if that was just subjective. Ms. Schemper responded that it's greater than 10,000 square feet. This limitation is not in the Comp Plan which is why they're able to request this through the Land Development Code only. The Land Development Code can be more restrictive than the Comp Plan, but this does not require a Co►rip Plan amendment. It's in the NROGO section of the code, "Maximum floor area per structure, a structure shall not receive an allocation," that*s the NROGO square footage, "shall not receive an allocation that expands the structure to more than 10.000 square feet of non-residential floor area, excluding a structure in the Urban Commercial land use district," where those can go up to 50,000, "and a structure within an overlay district established in a community master plan in which the maximum shall be governed by the master plan if applicable, or within Chapter 130 specifically allowing such a structure of over 10,000 square feet." That last phrase is exactly what is before the Commission today. It is a proposal for an overlay within Chapter 130 specifically allowing a structure of over 10.000 square feet. 16 56 Commissioner Ritz stated that he has lived in Ke) Largo for over 30 )ears and knows about half the audience. He is aware that Tavernier is very proud. and rightly so, of the historic nature of Tavernier and wants to protect that. He also knows they are not particularly interested in protecting the historic nature of the cernent plant so that would be an exception. He is also a big fan of the CommuniKeys plan and the hard work that people put into it and thinks that's really important to keep community character in the forefront of our minds whether at this step or the next step. The applicant has stated this is a 2 -acre site, unique or somewhat unique, and he agrees with that. The applicant should also get credit for proposing about half ofthe development that he could otherwise propose. Workforce housing is the top priority. He would love to have a park in front and workforce housing in the back. It's a swell idea. If it were his property and he could afford to do it, he would do it. He's looked at building affordable housing and it's tough. and oftentimes you need an economic engine to make it work. He understands what is being proposed. Fie agrees with Ms. the per that if that's the reason, then the applicant's feet must be held to the fire to build the affordable housing first and non-residential second. because we're not considering it just as a Publ ix, to make sure that we get the workforce housing, if that's one of the reasons we're approving it. Commissioner Ritz goes by the site four or five times a week. In the last several weeks he has assumed that there is some development there and tried to pull into the Cernex Plant from every direction and leaving every direction to try to figure out how this traffic is going to flow. It is going to be tough and he is curious as to what the traffic study says. lie believes it can be done but the traffic study is going to be critically important to make sure people can both enter and exit northbound and southbound on that little road. The site is surrounded by residential so buffers should be addressed, There are several Publix stores we can look at. The Publix in Key Largo incidentally has affordable housing behind it. When he first moved here it was hard to rind Publix when driving by because it's hidden behind all of the native landscaping. Publix in Islarnorada is Out in the open and is a rather attractive building. Big buildings like the hospital and the Publix in Islamorada can be built and be attractive with community character. and there can be very unattractive small buildings maybe like a gas station that"s not very attractive. Size may not be the defining factor but rather the community character. The architectural style and use is more important to community character than the size. A good point is if this doesn't go there. what does go there. Something is going to go there and it's a big site. So that needs to be kept in in . Tavernier may be hit with more traffic because it would draw people frorn north and south, but Islamorada may win both for affordable housing and traffic. Commissioner Ritz is no longer on the FKAA board ot'directors, but was on there for a long time and there is lots and lots of water in Florida. We have a flooding problem. not a water problem. It's a storage problem. The FKAA has built wells in Miami, has an RO plant in Miami. It would warrant another presentation to this Board from the FKAA to have some assurances, but when he was on the board there was lots of water available to come down this way. Traffic, however. is a problem. Commissioner Neugent stated that for the 20 )ears he was on the BOCC he would drive back and forth between Key Largo and Key, West, and the time it takes him to get from one place to another today is the same as back then. So FDOT has been doing a good job in clearing up some of the traffic bottlenecks. A lot of traffic problems are self-induced by all the events on weekends when traffic gets backed up for miles from the Stretch to the event. Also. the TDC spends about $76 million a year on advertising for people to come down to the Keys. Commissioner Neugent travels now between Key Largo and Key West once a week now. and 17 57 traffic is not his number one issue. Affordable housing is his number one issue. 600 units were just built in the Lower Keys and their occupancy rate is between 95 and 100 percent. One was just finished last week with 280 units and it is fully occupied. There is no question in his mind that we need housing. 5,000 units were lost in unincorporated Monroe County from Hurricane Irma that were either substantially damaged or destroyed. The County has been playing catch-up from a housing standpoint, and adding vacation rentals and second homes which have bought up all of the somewhat affordable housing stock in Monroe County. The housing need cannot be denied. This project is attractive because of the affordable housing element within the Publix grocery store. Publix is very successful and people like Publix. There are some positives in this project and he believes it would take some traffic off the immediate area. Commissioner Demes stated that he normally starts as an advocate of maximum density and intensity and then takes mitigating factors up and down, When denying an owner the right to develop their property, something should compensate them for it. But. in this case, we try to balance community character, impact to the community versus the right of a person to develop their property economically. He transits the Keys and tries to stop at a different restaurants or retail stares and buy something every time he come through here. He is the chairman of the board of a financial institution that opened an office in Tavernier and enjoys corning up here. He hasn't been as fortunate as Commissioner Neugent with the traffic issues, Commissioner ®ernes asked Ms. Sc em er about the point made by Mr. Smith that the traffic study isn't normally required at this phase of development, Ms. Schernper responded that because this is a significant change in the zoning to what type of development could be allowed on the property it's important to look at all the factors as soon as possible. Imagine approving this amendment and in six months when it comes time for building pen-nits, there's no capacity on the road here. Staff asked that the applicant do the traffic study and they agreed. They went back and forth on the mitigation as part of the applicant's claim was that it may actually reduce trips based on a new type of traffic calculus. Staff stuck with the way the calculation is usually done, not knowing what retailer this could be, and this will require the mitigation. The applicant has agreed they would des that, but haven't yet identified the option for mitigation, Commissioner bermes stated that years ago the actual comment as to traffic carve back that you can't make it any gorse. I didn't really buy that but I am sensitive to traffic. The comment about this increasing crime. he takes as a neutral comment. As to the additional housing requirement versus what is built, guaranteeing this housing is actually built is definitely a priority. His other concern is caps on the amount of commercial space, for whatever reason, on the site as well as the workforce affordable housing, understanding affordable is a controversial term, but that that is written in there so we don't suddenly sec market rate housing popping up like mushrooms. Commissioner Thomas first thanked all the residents who carve to speak on this item, nesting that they are trying to protect their community and they should be applauded for that. Everyone was very eloquent in their comments, Commissioner Thomas made a motion to uphold staff recommendation to deny the proposed amendment to the Land Development Code. Chair Scarpelli commented that both density and intensity should be looked at, along with diversity. The limiting factor of the square footage is a good thing in this amendment, however it's all the same thing, one big box. That has potential issues in itself being so large considering that it's proven that it doesn't have to be that large to be successful in other areas, We have 1 58 super large stores that still remain vacant in other municipalities. Chair Scarpelli would be curious to see what is the right square footage, but it surely isn't going to be one store of 150.000 square feet because that is the maximum density for this area, but it also shouldn't be one store at 70,000 square feet. On the other hand, he can see the applicant's point that 10,000 square feet per quarter on a 20-acre site is not conducive. either. Something needs to happen that allows it to meet in the middle somewhere to make it make sense. Chair Scarpelli thanked the public for coming out and sharing their voice today. Motion: Commissioner Thomas made a motion on Item I to deny the application and uphold decision of Planning Director. Commissioner Demes seconded the motion. Roll Call: Commissioner Demes, Yes; Commissioner Thomas, Yes; Commissioner Neugent, No; Commissioner Ritz, No; Chair Scarpelli, Yes. The motion passed 3 to 2. Commissioner Ritz asked Chair Scarpelli for clarification. Understanding the Commission is not in a position to negotiate with the applicant at this point, but asked if Chair Scarpelli had been insinuating that if it were 50.000 square feet that he would be in favor of it. Chair Scarpelli responded possibly. The point is we're not talking about a 70,000 square foot Publix, but a 70,000 square foot as a maximum and no configuration whatsoever. And as far as that being developed at one time, he does not think that's correct and that's what is against the Land Development Code as it's currently written. Maybe on the County's side they need to look at that for specifics sites such as this. the zoning being Urban Commercial and that 10,000 square feet is too little of an allocation for a site this size. Commissioner Ritz added that the bottom line is a recommendation is being made to the BOCC. so he was trying to determine where the majority of the Commission actually was. Mr. Wolfe stated that since the vote was to deny Item 1. the vote on Item 2 was not needed. (Recess from 12:18 p.m. to 12:30.) Mr. Wolfe stated that it had been earlier stated that Items 3 and 4 would be read together. However, though the presentations may have some overlap, these items need to be heard individually. 3. 7-ELEVEN (DANIEL BARR AS HIGHWAY, KEY LARGO,- FL 33037 MILE MARKER 98: A PUBLIC HEARING CONCERNING A REQUEST FOR A VARIANCE TO ACCESS STANDARDS SET FORTH IN CHAPTER 114. ARTICLE VII OF THE MONROE COUNTY LAND DEVELOPMENT CODE BY AXIS INFRASTRUCTURE, LLC. ON BEHALF OF DANIEL & ARCHER BARRY. APPROVAL WOULD RESULT IN TWO (2) ACCESS DRIVES ON THE SUBJECT PROPERTY THAT ARE SPACED LESS THAN THE REQUIRED DISTANCE OF 245 FEET FROM ADJACENT CURB CUTS. THE VARIANCE IS REQUESTED FOR THE DEVELOPMENT OF A HIGH INTENSITY COMMERCIAL 7-ELEVEN CONVENIENCE STORE WITH 11 FUELING STATIONS, ON PROPERTY DESCRIBED AS LOTS I THROUGH 6. BLOCK 1, ROCK HARBOR ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3. AT PAGE 187. OF THE PUBLIC RECORDS 19 59 OF MONROE COUNTY, FLORIDA, HAVING PARCEL ID NUMBER 00519590-000000. (FILE 2022-206) (12:31 p.m.) Ms. Devin Tolpin, Principal Planner, presented the staff report. This is a request for a variance to access standards to Chapter 114, Article Vil to the Land Development Code for a proposed high-intensity commercial retail use. This property is approximately 1.09 acres located in the Suburban Commercial zoning district designated as Mixed Use Commercial on the County's Future Land Use Map. The property is currently operated by a commercial retail store. The applicant is proposing to completely redevelop the subject property with a 4,730 square foot commercial retail convenience store with five double-sided fueling stations, and one additional Rec 90 fueling station. Ms. Tolpin presented the proposed site plan. The land development code requires that when a property substantially improves that it must come into full compliance with the access standards. There is a 245-foot minimum distance between curb cuts onto U.S. I for properties such as this. This site plan includes two access drives onto U.S. 1, one on either side. each being two-way, that do meet the 245-foot curb cut requirement from the Grand Street intersection, but they do not meet that distance requirement from the access drives of the property to the north. One driveway is about 43 feet, and the other is about 45 feet from the curb Cuts of the driveways to the north which is the reason for the variance. When reviewing for a variance, the applicant must demonstrate that they meet all eight of the required criteria and must demonstrate a showing of good and sufficient cause that failure to grant the variance would result in an exceptional hardship, that the variance is the minimum necessary to provide relief, among the other criteria contained in the staff report and presented on the screen. Staff has found that the applicant has met all eight of those required criteria, and staff recommends approval of this requested variance with the conditions that were included in the staff report and on the screen. These are general conditions. Commissioner ®ernes asked if someone came in and built exactly what is there today, if they would also require a variance. Ms. Tolpin responded that, yes, in order to substantially improve, redevelop a new use or expand an existing use they would have to comply with the same standards. Commissioner Ritz asked if the applicant could simply move the ingress or egress the correct number of feet, or would they then be in trouble with the other side. Ms. Tolpin responded that because of the length of the property there is not sufficient area to be 245 feet from both the driveways to the north and the Grand Street intersection. Chair Scarpelli wanted to clarify that the existing curb cut on that end of property was roughly in the same location as it is presently. Ms. Tolpin responded that that was correct, more or less. It may be moving a little bit but not by much. There were no further questions or comments from the Commission, Chair Scarpelli asked to hear from the applicant. Ty Harris. attorney for the applicant, stated that he had the same team present as the last time they were before the Planning Commission; Jason from Axis Hutton and Ian Rairden of Kimley Horn as the traffic consultant. At the last meeting the applicant had met five of the eight criteria. After a lot of public input and discussion with staff the access was reworked and staff has now determined that all eight criteria have been met. As just stated, to rebuild the Anthony's that is there now. they would be here asking for the same thing because there is not enough room for anything over 2,500 square feet to meet the access driveway requirements. Mr. Harris stated that having given their presentation at the prior meeting. he would be available to answer questions 20 60 and reserve some time for rebuttal if needed. There were no Commission questions of the applicant at this time. Chair Scarpelli then asked for public comment, emphasizing that this item is regarding the variance. Mr. \kolfe also clarified that the speakers should limit their comments to anything about the variance. If the variance is approved, then they would have another shot on the major conditional use to discuss the concerns regarding the proposed development. Ms. Ann Helmers, a resident of Grand Street, spoke on behalf of the Federation of Homeowners for Ms. Dottie Moses was unable to attend. The Federation represents 2,500 people who live in this community. They had held two community meetings with almost 140 people in attendance. Of those people, there were only two people who spoke in favor of this. One was the broker for the real estate deal and the other was a consultant. In regards to the variance the issue is safety. The community is not averse to having a business there, but not this business. This is simply out of complete adherence with any reasonable expectations of this property. Specifically to the variance request, the applicants came before the Commission several months ago to request a variance and that request `vas tabled. I hey have now come back and. in their generous Munificence, they have told the community we heard you loud and clear, you don't want Grand Street access, so what we're going to do is move it to the other side of the property where it's 40 feet from an entrance to a second gas station. Back-to-back gas stations, one of which will be a 24-hour operation with a convenience store that includes Rec 90 fuel and eleven pumps next to one where people and entering and exiting. It's simply something that is going to cause a dangerous situation every day. not only for those of us who live in the area, although that's primarily who the Commission "ill be hearing from. but indeed everyone. If you are in a lane in which people are going to suddenly need to make turns or in which there is a boat being pulled in and out, that is going to be a problem. Issues such as congestion and cuing at this site, fuel deliveries, the store inventory deliveries, trash processing, will all affect traffic. This is already a dangerous area of the highway for accidents and fatalities and will be more so. Deceleration and slowing distances are simple matters of physics but they are also life and death issues. Finaliv, as to community character. while it is not strictly a residential area in the median it certainly is not amenable to what basically will become a truck stop. We appreciate that in Monroe County we have a Planning staff that has been nothing but helpful and cooperative, and we also ha%e a layer above the Panning stall. County staff makes the recommendations and analyses based on the statutory requirements of the code. The Planning Commission is here to listen to residents and to make decisions encompassing everything. including the code, but also including "hat it is like for those who live here, work here, raise children here, go to school and business here and go to dinner here. The Commission has the authority to make this decision and just because you can, doesn't mean you should with this variance. and we hope you'll decide you won't. Mr. JD Carballo, a resident of Rock Harbor Estates for over 43 years, representing the Rock Harbor Property Owners Association. stated at that at the last Planning Commission meeting the Commission had been concerned about the traffic movement within and around the entry and exit from the site and asked the developer to provide some information regarding the circulation around the site and access and it has still not been provided. In the latest plan submitted about two weeks ago. they removed the Rec 90 labels from the fuel pumps. Before. the Rec 90 was the boat fueling station and the two pumps on the end of each island which lined it with the two old 21 61 driveways, That made good sense. The pump labels have disappeared so now no one is sure where those are going to be. Mr. Carballo presented photographs of how cars park at the 7-11 to get gas. They line the fuel tank up at the hose. They don't stop on the pad normally where the car stops so they take up more room on the site. Mr. Carballo presented photos taken at the Tom Thumb at mile marker 97 showing a big boat and a pickup taking up all three pumps, along with the congestion of people pulling in and out in all directions. Mr. Carballo presented photos of a traffic backup at mile marker 97 onto U.S. 1. He then presented photos of the Anthony's driveway with an outboard sticking out from the Marathon station to the Anthony's curb cut. Commissioner Dernes asked Mr. Carballo to go back to a prior photo, which he did. Trailers with boats, RVs and delivery trucks cannot circulate the property. Mr. Carballo presented diagrams of the site plan with various traffic patterns depicted, while explaining required turnarounds for traffic. Mr. Carballo presented various examples of diagrams generated from site conflict software showing huge crisscross traffic conflicts. Mr. Bill Wrublevski lives across from Anthony's on Rose Street on the ocean side. He has a commercial driver's license and part of his business is driving heavy trucks. What was proposed on the initial plan at the first meeting in Marathon was for a WD50 fuel truck, which is a standard fuel truck seen everywhere. This new redesign is for a WB40 fuel delivery truck because they can't get it in with this new design being so close to the other driveway. He took a survey on April 20 from Key Largo to Palm Beach to see how many of the smaller fuel trucks were out there, and they couldn't find one out of the 50 trucks that they saw. All were the larger fuel trucks. His concern is the that community is being told that just for this one 7-11 they're going to have a special truck just to deliver fuel to get into this entrance because a bigger truck cannot get into this entrance. Mr. Wrublevski presented diagrams showing the size differences between the fuel deliver; trucks. Imagine two fuel delivery trucks trying to get into two stations at the same time or being backed up in traffic. A big truck needs to use two lanes of traffic, and the FDOT classifies this zone as a high accident area. The applicant's own plans show these trucks will have to make six turns to deliver fuel. This is a major concern. Mr. Wrublevski hopes this is not approved. It is going to cause undue harm and a safety concern for the community. Ms. Jeanne Brennan has a bachelor's and master's degree in geophysics and has been visiting or living in the Keys for 30 years. Ms. Brennan presented crash data for the Keys using data from local jurisdictions. his. Brennan presented a display from E-Corn from the Tmp study showing the Key Largo area where the proposed 7-11 is has a number of high crash list segments within that area. Ms. Brennan then presented a diagram from FDOT data showing fatalities in this area from 2014 to 2018. The proposed 7-11 does pose a threat to public safety because it is in an area that is already high crash. Ms. Brennan then presented a diagram including the years 2018 to 2022 and there were 459 crashes in that area during that time span. Ms. Brennan then presented a diagram for the Tom Thumb which is a 24-hour gas station located in an area without a lot of curb cuts adjacent to it and no residential properties in the area, yet there is a high cluster of accidents around the Tom Thumb. This is what would be expected to happen at this proposed 7- 11 location. It's reasonable to assume that curb cuts and intersections lead to more accidents. Ws an observation everyone has form driving the highways. In this area there are the curb cuts, there's Almay Street, Grand Street and Largo Landings, so there are a lot of residences. Not so at the Tom Thumb, Ms. Brennan then showed the data on the injuries from the accidents in the 22 62 area. The variance should not be approved because it does not meet all of the requirements that the risks of public safety will not be increased. There is an increased risk of public safetN if this variance is granted. Ms. Jody Koblenzer stated her family has lived on Rose Street for 43 years. This proposed gas station directly impacts the traffic safety oft is community and for visitors to the Keys. U.S. I can be dangerous and this will make it worse. The Commission's decision today can save lives. The signs tell slower traffic to keep right. That means the faster traffic is going to be in the left- hand lane. Each vehicle entering and exiting the gas station will be slowing down in the fast lane. With the gas station in the median, the deceleration of moving vehicle is at least 200 feet, and longer than a football field if the vehicle is towing a boat. The neighbors see and hear vehicles screeching their brakes because the vehicle ahead of them is making a quick left-hand turn from the fast lane. She witnessed this just this past week. Adding another gas station of any size kill multiply the dangers. Her traffic engineer confirms that this is a high-generation facility in close proximity to Grand Street and the existing Marathon gas station and will create numerous conflicts with traffic and hazardous conditions likely resulting in additional accidents. Mr. Matt Koblenzer is a retired Naval aviator and airline captain having 60 years of flying experience, over 20,000 hours of cockpit time, and had the privilege of transporting thousands of people safeIN throughout the globe. To do that, he has to be annually trained, consisting of demonstrating equipment and system abilities and knowledge, maneuvering in many tight spots on aircraft carriers and spent years weaving a Triple Seven around taxiways and into tight terminal gates. He has driven a 16.000 pound rig that supports and transports his 33-Foot sailboat that he has taken to regattas and other events. lie has experience with stopping distances and turning radius requirements on land. sea and air. With his experience operating this heaving equipment he can state that the planned development being looked at will lead to accidents. He has been taught to analyze closure rates, stopping distances and turning radiuses. Ile is acutely aware of the startled reaction of operator behaviours. especially when they face unexpected situations which have just been presented. People do not react well to that. It is his opinion that traffic kill not be able to navigate this gas station in this location as presented. Mr. Koblenzer hopes the Commission will protect the traveling public in their consideration of this matter as he has in his charue. Ms. Lisa Gahagen has lived in Rock I larbor Estates in a house built by her grandpa for the last 54 years. It's the only place she's lived in the Keys. She enlisted eight volunteers to study five gas stations in Key Largo in the one block of Grand Street that lies in the median. These volunteers have spent weeks studying traffic flog, noise, congestion and pollution at their location. We all have been at our stations at various times during daytime and night time hours and their observations have been surprising. Ms. Gahagen focused on Grand Street. 155 feet long, bordered on the no by Anthony's and the proposed 7-11 and on the south by a boat dealership. Ms. Gahagen presented photographs showing cars parked on both sides of the street, dUrripsters; located along the street meaning garbage pickup stops traffic on Grand, and truck stops to unload parts to the boat dealership. It is not uncommon to have to go around these trucks to cross over the northbound lane to enter her neighbourhood. When encountering this situation. cars turning left off of northbound U.S. I run the hazard of missing the Grand Street median turn, turning into a car going around an unloading truck, or pulling into Anthony's 23 63 parking lot to go back south. She has been involved in these situations many times. The line of vision to the south of U.S. I going east is obstructed by signs. utility poles and wires, Unsafe conditions already exist at this comer. Combined with the possible thousands extra 7-11 traffic and this is truly an accident waiting to happen. In the County's Land Use Development Code Section 103 to 187 regarding obtaining a variance, requirement number three states, in part, 'The applicant must demonstrate the variance will not create a threat to public health and safety or create a public nuisance." The proposed 7-11 will in fact create a threat to public safety every time the residents of Rock Harbor Estates enter their neighbourhood, and it will also affect all the drivers on north and scut bound U.S. I at this location. A few months ago she wrote an email to the Commissioners about her concerns which talked about a member of her family being killed in this area. She does not want her family or anyone else's to have a death in theirs. Do not approve this variance. Ms. Nancy Truesdale is a recovering attorney having spent 15 years practicing law and teaching high school for 16 years. She has owned property and lived around mile marker 98 since 2001. Over the last 20-some years of living on both sides of U.S. I she has gained a great deal of experience with the traffic and general driving conditions in this area. In preparation for this hearing she was one of the two volunteers recruited by Ms. Lisa Gahagen to observe traffic at the Tom Thumb, her husband took those Tom Thumb pictures, and also those at Anthony's over the several weeks getting ready for today. Ms. Gahagen referenced the Land Development Code that regulates and guides this Board in decisions. The applicant wants you to grant its request for a variance and in order for you to do so you must determine that all eight of the standards of Section 102-187(d) one through eight have been met. She does not believe that one, two. three and eight have been met. One is good and sufficient cause. Their cause is because they want to put an I 1-pump gas station at this location. Last time when this item was looked at in Marathon the Commission asked the applicant to go back and re-evaluate their application and make some changes as you weren't certain because of the unique characteristics of this property. Not man) properties in Monroe County are in the median of U.S. 1, and even fewer have cross streets like Grand Street, and even fewer have these nonconforming driveways. There is a lot going on with this property. By their own filing they stated egress from Grand Street would, quote, "result in a queuing past any reasonably spaced driveway connection on Grand Street, even if Overseas Highway ingresses and egresses were maintained." Just because access from Grand Street can"t be safely designed for this proposed use doesn't mean that creating single driveways within 46 feet of the neighboring Marathon gas station and across the street from Almay is somehow safer, It's not. There is no safe driveway for this I 1-pump gas station and, consequently, the applicant has failed to show good and sufficient cause. Two, failure to grant the variance would result in exceptional hardship to the applicant. The applicant states that if you don't grant the variance for this compromised driveway back to back with the Marathon station and across from Almay that they would have to use Grand Street. That's faulty analysis because by their own documents they state that Grand Street would be unsafe. Their application reveals there is no safe driveway for the proposal and, as a result, that does not mean you have to grant this, And, eight. the variance is the minimum necessary. This isn't the minimum,this is the maximum. Mr. Andrew Tobin, read into the record the conclusion reached by Mr. Moss who is a traffic safety expert witness for crashes and negligence cases. The report is in the Commission's packet. "Considering the large number of daily trips expected to occur at this station, the existing 24 64 hazardous conditions that will be exacerbated and the numerous conflicts that will occur as a result of the development, based upon on my background, experience and training. it is my opinion within a reasonable degree of engineering probability and certainty that this high- generation facility in close proximity to Grand Street and the existing Marathon gas station will create numerous conflicts with traffic and hazardous conditions that are likely to result in accidents." That is the public health safety issue. A lot more time could be spent going over the various traffic issues. Grand Street is a problem. it's got a blind comer. Every time you cross into Rock Harbor Estates you have to pull almost into U.S. I to cross. Mr. Tobin had prepared a memorandum of law for the Commission that was in their packet. The law on exceptional hardships is that it has to be a legal hardship. Legal hardship is defined in about a hundred cases as, "it is impossible to use the property for the purpose for which it is zoned to qualify it for a legal hardship." As staff correctly points out, this is a commercial retail use. The use is primarily for the sale of consumer goods, products, merchandise or services. Substantial improvement is defined that you can have any type ofcommercial use at the existing store. you can repair it up to 50 percent of pre-destruction value, so there is no hardship here. A legal hardship is not, we can't do what we want to do. There has to be criteria. There was a recent case of a variance where his clients were protesting a house next to their house and the court reversed the Planning Co mission's decision because not all of the criteria had been met. So. yes, you can have a smaller house: yes, you can have a smaller gas station; yes, you can have somethino other than a high traffic generating facility in a high crash area. Mr. Tobin has represented a lot of property owners and is in favour of property rights, but the standards have to be met, you have to meet all of them, and the other standard is the minimum necessary. Mr. Tobin believes that staff, who does a great job and spent a lot of time on this, looked at this in a linear fashion and didn't contemplate the law which is you have to be denied, you can't use your property at all in order to qualify for a variance. it has to be impossible. There's one case that talked about the Florida law and that was Herrera vs. City of Miami "here the Court rejected a variance based on the failure to show that the project could not be reduced in size or the project might not qualify for federal financing. So just because you can't use it for the highest use. and this is squeezing every square inch. does not mean it's a legal hardship. So they do not qualify under the law for a legal hardship. Based upon the traffic safety. and a lot of time could be spent on this, the Moss report is good and has a lot of exhibits and photographs in it. Mr, Shannon Donnelly is a chef that has been here 30 years, is a father and a business owner. Ile is a supporter of the community and the Keys. and in all the places he has traveled and cooked in five-star restaurants in Canada. the U.S. and Lurope, the number one thing that he always looks for is what comes first. It's common sense. $5.000 does not need to be spent on a safety expert to cite all of the things people have brought up here. The number one thing that comes first is safety. This area is designated as a high-crash. high-fatality area. Fatality means your wife. %our child, or your grandmother is not coming home. There are a couple of options. You can light a fire or dig a hole because somebody is dead. If you allow this to go in we are going to have more deaths. His kids have been here since they were born and have driven by the bodies. It just happened to his son the other day. You saw point blank all of the accidents that circle this area. This is going to magnify 10 times what we already have as a problem. We've got ten pounds of Slurpees in a five-pound bag that is bursting at the seams. This is going to be the catalyst for more people to die. The applicant does not meet the criteria. Safety is going to be ad%ersely affected as well as this being a nuisance. Nuisance is his last concern. His wife and children 25 65 coming home from crossing the street are his main concern. His family alone has been involved with four accidents. When they cite this 559 crashes, there are even more fender benders and near misses. He waited at Grand Street for 15 minutes the other day and he calls it the roulette corner. The Commission is here to represent us, to keep us, your constituents and our children safe. At Grand Street your physical body has to be six feet beyond where the white line is where your car is supposed to stop in order to be able to see what is coming from the northbound lane. People cannot make that to when you're that far out. This proposal takes away the safety net that is there. Anthony's has two turns coming in on the left-hand side as you're driving north. When you can't make that turn, you have to try to back up, so you back into somebody that's behind you. Anthony's is the safety zone for them to go around that person that's sticking out or the garbage truck that's there. Coming in with somebody on your tail doing 60 miles an hour, you don't have a great deal of time to brake or see. It's a blind comer. If this goes in, this super high-density grotesque monstrosity operating 24-7, we're going to have so many more traffic problems there or so many more people stopping or trying to stop and that safety net is going to be gone. You won't have the opportunity to swing a little bit wider and miss that person. Mr. Donnelly's concern is safety and it's the Commission's job to keep their constituents safe. Rosemary Donnelly stated she is married to Mr. Safety and is the person who had the front of her minivan ripped off by someone trying to make the corner, putting a trailer in a really tight, narrow congested area. She is against giving the variance to the 7-11 for the common sense reason that it is a high-intensity gas station in an area that is already overstressed with the amount of traffic in that area, including bikers, walkers, people freaked out that they're taking their animals to the vet, and walkers to the convenience store that's already there. Please take into consideration not only those living in the Upper Keys but those that live in the Rock Harbor neighbourhood. Ms. Susan Cashin was called upon to speak, at which time an unidentified, unintelligible speaker spoke from the audience and did not use the microphone. Ms. Kathleen Ludke (phonetic) was not available to speak. Mr. Grant Rollin was not available to speak. Ms. Phyllis Mitchell of Islamorada came here today for the silliest of reasons. She loves Anthony's. There are very few places for LOLs to find clothes in the Keys. An LOL is little old ladies. Her daughters think Anthony's is for little old ladies. though she disagrees. She has never seen a community as well put together making a point for the safety of their area as those present today and she is proud of them. She believes they've made the point. Ms. Leslie Bennett was not available to speak. Ms. Joyce Bennett stated that she has heard so many worries about the community and safety. She used to own the two-story building across the street from Anthony's which at that time was a dance studio and she observed quite a few accidents then and knows it's even worse now. But the reason she's here is she really loves the Keys and she doesn't want to see more gas stations 26 66 and more liquor stores. She would like to see more Anthony's as well because she's one of those ladies. Please leave Anthony's alone. Mr. Tony Davenport is President of Landings of Largo right cross the street from the proposed 7- 11 and a fourth-generation Conch, really from Key West, and he has seen a lot of growth up and down the Keys. of good and bad. Putting three gas stations within 250 yards from each other makes no sense and it really is a residential safety concern. The major concern is the safety issue that the 7-11 would bring. No one has mentioned the heavily-utilized sidewalk with runners, walkers, bikers. people pushing babies in strollers and people walking dogs. People focused on entering and exiting the 7-11 will not be paying attention tote sidewalk. He also has witnessed many vehicles exiting and going the wrong way. There have been over five fatalities in the last three years in that two-mile stretch, two right in front of Landings of Largo. There are any residents in the area with children and there's the school buses coming by. On behalf of Landings of Largo. Mr. Davenport requests the Commission vote no. Something commercial is going to go there but there's got to be something a lot less density prone traffic wise like Anthony's or maybe a Bass Pro Shop. Ms. Joan Scholz of Islamorada believes the residents in the area have made their point. She passes through this area ever) single day. In addition to the school buses there is the JBT transportation system that stops and as any know, someone just got killed getting off of the bus, walking in front and getting killed. Safet) should be number one for this variance and we don't need another gas station. Ms. Shirley Abraham stated that she had not planned to speak. She thought she was signing something to say she was here. She has been coming to the Keys since the 70s to visit her parents and bought a retirement home in '94. Ms. Abraham has seen a lot of changes. She loves the Keys. tier children now come and one is thinking about buying so it's in her history. She has seen a lot of change that have not been to the goad, horrible traffic and places going out of business at times. It's truly a paradise but she's afraid we're going to ask too much ecologically and environmentally. Her brother was an environmental lawyer and has done work in Marathon with the shallow wells so the waters are at issue. too. We need to concentrate on what is important here and not make it go down the tubes. Anymore traffic and she may be going north. Mr. John Abraham was not available to speak. Ms. Joy Martin was not available to speak. Mr. John Kocol owns the building he bought from Ms. Joyce Bennett twelve years ago. It's the Island Hammock Pet Hospital today. lie also owns a few properties in the subdivision that he rents to the local workforce. In this time he has seen numerous accidents here. He Is a free market capitalist that believes anybody should be able to develop their property within the boundaries of the law as long as it doesn't sacrifice public safety, and this I an obvious case where it does. The only thing that makes sense to him to try and work out a solution would be to put in deceleration lanes. and he has proposed this at every opportunit). The comments being received today are what you would expect from a community trying to preserve its quality of life. Safety is a core value to all of us. We elect public officials to uphold our core values and 27 67 every time those core values are not honoured a small piece of our community dies with it. Please don't let that happen in this case. The land development regulations are written and enforced for good and sound reasoning and should not be circumvented when it comes to public safety. Please reject the variance request and require deceleration lanes as a condition if you are to approve this project. Ms. Susan Holler was waiting to speak on the next item. Chair Scarpelli asked for anyone wanting to speak on Item 3. Mr. Enrique Rodriguez, Vice President of Pirates Cove Association was not planning to speak today but listening to the distance of the curb cuts and the size of the fuel delivery vehicles that need to be reduced to make the turn in, as he was listening to this he recalled that he was the driver engineer instructor for the City of Miami and his job was to teach the firefighters how to maneuver those large vehicles. In thinking about this, the curb cuts are 43 to 45 feet from the existing curb cuts going into the Marathon gas station. Another gentleman pointed out that they had to reduce the size of the fuel delivery trucks to be able to make the turn into the gas station. That raised a red flag because those fuel delivery trucks have a pivot point very close to the cab, so they can make much tighter comers than a boat on a trailer. Now we have an 18-foot pickup truck towing a 30-foot boat, which is very common, and then you have to add five feet of trailer. Now we're at 53 feet of vehicle. They were talking about the large fuel delivery trucks being 50 feet. Now we're at 53 feet with a pivot point that is much further back on the rig. If they can't make a turn with a vehicle where the pivot point is way further forward, you can't possibly expect to make the turn with a boat and trailer pivoting much further back unless you take up two lanes. If a person tries to to in through two lanes, they may not have a good field of view of what's inside the gas station, so they start making a turn and there's another vehicle there or they cant quite make the turn. Now what do you do. You've got to back up on the highway. fie sees this as an issue creating potential accidents. Ms. Mimi Bentolila, the President of Pirates Cove, wanted to say that Pirates Cove is very concerned with this as well, not just Rock Harbor and Landings of Largo. She agrees with everything everyone has said. Two weeks ago she was heading home from north and had just passed the CVS, was in the left-hand lane, and someone in the right-hand lane slowed down to turn so everyone had to stop super quick, and one of the people in the cars turned left into the left-hand lane and almost wiped her out. This is what people do. They come down from Miami and don't realize it's only 45 miles an hour. They're going 60 miles an hour. When you have all these businesses that you have to slow down for in order to to into and this is why there's so many accidents. Please don't grant the variance. Mr. Don Bower of Grand Street commented on the Commissioner who said there was not much traffic and he has to go back to Marathon. lie invited Commissioner Neu gent to meet him by Grand Street to look at the community and cross the street and all of the traffic conditions would be seen right then and there. Chair Scarpelli asked what he was serving. Mr. Bower stated he would greet him as a ncighbour and he could put his order in. It would take them a few minutes to get across the highway but he would wait for them and keep the lights on. 28 68 Ms. Tina (last name unknown) had attempted to speak on earlier items I & 2 but could not get connected. She stated the solution to the problem with Cemex was for Monroe Count), to buy it and leave it a green space. Mr. John Wolfe stated that this public comment has to be on Item 3. Mr. Ignacio Urbieta spoke on behalf of the Marathon gas station just north of the property. Ile works for the company that owns that gas station. Previous to 2021. his family had been the owner of that property for any years. Of course he has a conflict here but in all sincerity. there's a serious potential for hazards for the customers and emploNees. The existing nearby driveway is already close to his current drivewa) but to add a very high-traffic business next door that would also have heavy trucks and boat trailers entering and exiting, he would like to confirm everything that's been said before, that this is certain to create a bit of competition and additional traffic and hazards on Overseas Highway. Fie is familiar with the technique to justify circulation inside of a development to Suggest that you're going to use a tank wagon or bobtail short truck. That's not realistic in this business. Delivering from Port Everglades where the fuel is coming from all the way to Monroe Count), in a truck with half of the capacity, especially to a site so far south from the nearest terminal and especially to a site that's projected to have such high volume is not realistic. Any circulation studies should be analyzed with the realities in mind that it's going to be heavy tanker trailers entering and exiting, and they may have to do some special maneuvering to drop fuel. (laving two driveways with trucks potentially doing the same thing at the same time is almost certain to create a hazard and definitely create additional traffic. The traffic study did not support the version that there would be overflow onto Grand Street and Overseas Highway, and that needs to be substantiated before they have any chance of really proving that they have an exceptional circumstance or the other standards required under the code. Ms. Janice Lindsay-Hartz has lived in Pirates Cove for 36 years, and "ants to add to everyone's safety issues `with a human-eye view of what happens on a daily basis here. She encourages the Commission to go to Grand Street and come to Pirates Cove. When she leaves Pirates Cove from Gasparillo Drive to head north, she cannot cross two lanes of traffic coming bumper-to- bumper at 45 to 50 miles per hour, so she turns right, gets up to 45, tries to get in the left lane but traffic is going fast and it's hard to get in. Then she's looking for Grand Street where she can go across and go north and have the same problems everyone has described. Traffic is tailgating her, they swerve around, give you the finger, sometimes swerve right in front to make a statement that she shouldn't be in this lane, and then she is slowing down to make the left turn. I-his is very frightening and scary and is on a daily basis. Adding this high-intensity gas station to what even one has said is already a high accident area is going to make it impossible. She will need to go even further south to to around to go north. She lives here because of the small town community character. but this is turning it into this speedway. a dangerous area, and she asks the Commission to please consider this when looking at this project. Ms. Ronnie Harris lives at Rock Harbor Estates. A public safety issue she has not yet heard addressed is whether it's safe to live near a gas station. In an article by Fossil Fuel their conclusion is with due diligence a homeowner can reduce long-term risk by avoiding homes located in close proximity to gas stations. There is an abundance of scientific research regarding the health hazards of living near a gas station. Columbia University found many of the nation's gas stations are leaking hazardous vapors into the surrounding environment and despite the array 29 69 of modern safety and health guidelines, these gas stations often emit ten times the amount of emissions used to determine setback regulations. A study of U.S. gas stations found that benzene emissions from gas station storage tank vents were high enough to constitute a health concern at a distance of up to 524 feet. The EPA recommends screening school sites within 1,000 feet of a gas station. A joint Bloomberg School of Health and John Hopkins University analysis can the health implications of living near a gas station concluded that particularly impacted are residents living near gas stations who spend significant amounts of time at home and children who live and play nearby. The National Institute of Health has published countless research reports on the dangers of repeated exposure to liquid and vaporized gasoline, Long brain and kidney damage are frequently cited as the most pressing health concerns. According to the World Health Organization there is no safe level for benzene, Ms. Lindsay-Hartz stated she could go on and on with examples of headaches, low birth rate, childhood leukemia and benzene seeping into nearby homes. Denying the request to add l I fuel pump stations making a total of 20 fuel pump stations sandwiched between three densely populated residential neighbourhoods is the only thing to do and is justified by following the guidelines in the Land Development Code Section 1 10-65 and 67. An additional gas station is not appropriate within the context of the surrounding neighborhoods, is not consistent with the community character, will have an adverse effect on the value of the surrounding homes and properties, and is a significant threat to the health and well being of these living nearby. For these and the many reasons that the very zealous neighbors has already discussed, she implores the Commission to deny this variance. r. John Wolfe pointed out that a fair amount of that information was not relevant to the variance which is obviously the portion was about all of the studies which are hearsay. The Commission can listen to it and do what they want with it but he needed to point that out. Chair Scarpelli then closed public comment. Commissioner Demes asked Mr. Wolfe to further explain his latest comments, Mr. Wolfe explained that this hearing is only about the variance and there were a lot of extremely germane comments about the dangers and safeties about that. The portion about gas stations themselves being inherently dangerous because of fumes has nothing to do with this part of the variance. Thates all he was saying. Chair Scarpelli asked if the applicant wanted to speak. r. Ty Harris stated the he appreciates the comments from the public speakers. He will have Jason Green and Ian Rairden speak to some of the issues that are germane to the variance request. This is a quasi-judicial proceeding and when someone purports to be an expert in something, they have to be qualified. To the extent that a report was introduced into the record that he hasn't seen and did not get a chance to cross-examine that person, that evidence does not constitute substantial competent evidence for purposes of overturning the staff recommenclation. Staff recommended approval and the presumption is that all eight criteria have been meta To overcome that it must be shown that the applicant has not met that. r. Jason Green stated that most of the testimony, in his opinion, was based on the use and this application is about the access. Staff has already stated that a variance would be needed for any driveway for any use on this site for anyone redeveloping this site. It is incorrect to state that the variance is needed to get a smaller truck in and all of these other comments related to that. Large trucks, full-size fire trucks can all make the turn to get into this site. A variance is not needed 30 70 because of that. The variance is needed because of the separation from Grand Street and nearby driveways. It is unfortunate to try to tie the use to accidents. Gas stations do not inherently cause accidents and death and those are not fair statements. Most of the examples given were about older. nonconforming, too small sites for the uses that were shown. There may be backups and boat trailers hanging out into the roadway on other sites. Unfortunately, some of the comments would lead him to believe there is not a single way you could ever design a gas station here. These standards, the driveways, the radii that come into the driveways all have to meet FDOT and County regulations which were put in place because of safety factors. As far as backups. one of the things one when the site was changed was to make sure there was enough room between the fuel deliver) area and the end of the gas pumps. There is 30 feet between a vehicle parked at the end and a fuel tanker if one is are there. The assumption that it is going to back vehicles up and you can't get around vehicles fails. fie is confused having heard testimony that of more and less driveways are better. Today it's four full driveways and this is cutting that in half. The driveways are 35 feet wide., which is much larger than the typical standard commercial driveway of 24 feet. They have run numerous truck turns with different vehicles and a fire truck can circulate through the entire site. This is a very well designed site to accommodate a lot of the what-ifs. The applicant is also going to restore and match the pathway that is there on the west side of the site for the southbound side to enhance and improve pedestrian circulation. The Commission needs to look at where else a commercial development would put the driveways. Chair Scarpeill noted that the applicant had mentioned using the Grand Street access and there were major Issues with utilizing Grand Street, including the nightmare that it would create on Grand Street. The public comment was they did not want the access on Grand Street. Mr, Ian Rairden of Kimlev Horn added that the applicant has offered to put that in if the County wants that. The applicant can't fix bad drivers and other streets with poor visibility. Those issues that are there are not being added to or created by the applicant. The original traffic study was done based on the four drive%a)s. It was reviewed, met all county guidelines and was approved. Subsequent to the prior meeting it was updated to show the two driveways, and that study was also approved and meets level of service standards. Commissioner Dernes stated with Grand Street getting a lot of local traffic crossing U.S. I. it Would be a disaster to have the traffic going in and out of a gas station there. He assumes new cuts require FDOT permits. and asked where the FDoT concurrence is with the plan right now. Mr. Green responded that FDOT was fine with the four driveway option because they weren't four full driveways, so under their rules they treat that as one driveway. This plan has been submitted to FDOT and is under review as it is required to be resubmitted. He hasn't gotten their comments yet but he believes it will not be an issue for the because they were fine with the four drive la)OLIt. The next step is the engineering within the right-ol'-way but the access is being reviewed currently. Any work done in the right-of-way requires FDOT approval. Mr. Green understands the public's concern but in his professional opinion. this meets the criteria and he agrees with staffs recommendation. Though Ms. Devin Tolpin had nothing to add. Mr. Peter Morris qualified her as an expert in the fields of Planning and Floodplain Management. and she listing her degrees. licensures and work 31 71 experience. The Commission accepted her as an expert. Ms. Tolpin then read the eight required standards for a variance into the record. Commissioner Demes stated that after listening tote passionate input from the community, he wanted to clarify that this variance decision has nothing to do with the use of the property and that the use would be reviewed through the conditional use. Commissioner Ritz also noted that having sat through lots of public hearings, this community had spoken eloquently and knowledgeably and he is proud to be one oftheir neighbors, He is viewing this as simply an access issue and he does not see the exceptional hardship, but does see a threat to public safety, so he will vote against this variance based on public safety. Chair Scarpelli asked Ms. Tolpin about the criteria for public health and safety and asked what it would be reviewed against. Ms. Tolpin responded that it is reviewed based on the documentation available at the time the application is submitted. Peter Morris added that the Commission needs to be very analytically circumspect and not hypothesize too far afield from what's in the file. In other words, don't get too adventurous theorizing. The longer the analytical chain of what could potentially result in a danger, the longer that is, the more tenuous the reasoning is. It's a matter of managing liability exposure on appeal. Chair Scarpelli stated tatters has been some very interesting and compelling testimony today about health and safety as far as traffic concems go. Unfortunately, that's due tots nature of where we live and the highway we live off of as a one lifeblood kind of road scenario. He does not know that that should affect people developing their property. Commissioner Demes echoed Commissioner Ritz on the community input and presentations, stating that in his time on the Commission he hasn't seen such good community input as seen in this meeting and he applauds their efforts. Motion: Commissioner Ritz made a motion to deny based on there not being enough evidence for an exceptional hardship and the variance increasing the is to public safety. Commissioner Neugent seconded the motion. Roll ® Commissioner Demes, No; Commissioner Thomas, No; Commissioner Neugent, Yes; Commissioner Ritz, Yes; Chair Scarpelli, No. The motion failed Mr. Wolfe clarified that this means the Commission is agreeing to allow the variance and uphold the staff report. Mr. Morris thought that to make sure the record is abundantly clear, they should have another vote on a motion to approve consistent with the staff s recommendations. Motion: isi® e Thomas made a motion to uphold the staff report and recommendations to approve the variance. Commissioner De es seconded the motion. Roll ® Commissioner Demes, Yes; Commissioner Thomas, Yes; Commissioner Neugent, No; Commissioner Ritz, No; it Scarpelli, s® The motion passed 4. 7-ELEVEN (DANIEL BARRY, Jr. ARCHER H16—HWAY KEY LARGO, FL 33037 MILE MARKER 98: A PUBLIC MEETING CONCERNING A REQUEST FOR A MAJOR CONDITIONAL USE PERMIT BY AXIS INFRASTRUCTURE, LLC, ON BEHALF OF DANIEL & ARCHER BARRY, FOR THE CONSTRUCTION OF A HIGH INTENSITY COMMERCIAL 7-ELEVEN CONVENIENCE 32 72 STORE WITH II FUELING STATIONS, ON PROPERTY DESCRIBED AS LOTS I THROUGH 6. BLOCK 1, ROCK HARBOR ESTATES, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 3. AT PAGE 187. OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, CURRENTLY HAVING PARCEL ID NUMBER 00519590-000000. (FILE 2022-021 1 ) (2:05 p.m.) Ms. Devin Tolpin. Principal Planner. presented the staff report. This application is for the major conditional use to develop the 4,730 square foot high-intensity commercial retail store on the property. This includes five double-sided fueling stations plus one Rec 90 fueling pump. This property is located in the Suburban Commercial zoning district which does allow for high-intensity commercial retail uses as a major conditional use. The site plan with approval of that variance has demonstrated compliance with all required rules and restrictions of the Land Development Code, including parking. open space. buffer yards, stormwater and landscaping requirements. Staff reviewed this application for consistency with the standards presented and in the staff report. Staff recommends approval. Of note. the site plan did include a sidewalk in the County-owned right-of-way adjacent to Grand Street. This sidewalk is not required. It %%asn't treated favorably by the engineering department, but they did not say that it could not be done. If the Commission does recommend approval of this application and wants that sidewalk there. it would need to be added as a condition of approval as it is not required, it is additional. Also of note, the County has received written protests b) more than 20 percent of the surrounding property ov%ners which requires a supermajoritN of the Planning Commission to appro%e this major conditional use permit. meaning four members must vote to approve as opposed to the Usual three. Ms. Schemper then addressed the sidewalk. She had spoken with engineering yesterday about this to clarify whether this could possibly be permitted or if it was an absolute no. It could possibly be done. but the concern is the sidewalk does lead to the multiuse path oil the southbound side of median property, so it is connecting people on the ocean side through the median to the path. However, engineering stated that if you put the sidewalk in, it would likely require the curb cut and pedestrian apron towards U.S. I in the northbound lanes. and that then becomes an indicator to pedestrians that this is a good place to cross the highway. So the concern is more people may be encouraged to cross there without any sort of crosswalk just by putting the sidewalk there along Grand Street. People are already crossing there. One idea was to have a sidewalk area for crossing through the gas station property itself within the parcel boundary so that no one is walking through cars backing in and out of parking. She is explaining this in the event the Commission decides they want that sidewalk as a condition asshe would not `rant a condition added that would be impossible to meet. Chair Scarpelli did not think the apron was required. Ms. Schemper responded that she was not fully aware of the rules. Chair Scarpelli thought it would prevent people from parking on that side of the road. Commissioner Ritz noted that there was a bus stop right across the street. Chair Scarpelli then asked it' the applicant wished to speak. Mr. Ty Harris stated that as far as the sidewalk goes it could be put in or not. but staff has stated that the then meet all criteria for the major conditional use. The burden now shifts by those opposed to prove by competent substantial evidence that the applicant somehow doesn't meet that burden. The applicant will listen to opposition and respond to each issue as needed. There 33 73 were no further Commission questions or comments. Chair Scarpelli then asked for public comment. Mr. Tobin commented that it had been stated that the burden has now shifted to the opponents and he had a point of order. Mr. orris explained to Mr. Tobin that he was speaking out of tum, Ms. Susan Cashin lives at mile marker 98.2 which is right in the bull's eye. Almost everyone in the state is having a problem with homeowner insurance, any companies have left the state and homeowner insurance has been hard to get or find. The company she was with for over 10 years notified her in February of non-renewal as the carrier was reducing exposure. Her agent, whom had been with for over 20 years, found her a new company in March with Florida Family. After completing an application and paying, she was then notified in April that she was ineligible due to the proximity of a gas station, which is the Marathon gas station. She cannot be the only person having this problem but she believes this is only the tip of the iceberg and is concerned about what will happen if the larger 7-11 development is allowed to be built. She, along with everyone that she knows, does not want or need a gas station or convenience store at this location. There is one already on the next property, She is concerned for her health, safety and property values. Accidents already occur regularly. Ms. Cashin presented an aerial that her insurance company had sent her indicating she was too close to a gas station, and asked the Commission to please vote no. Ms. Susan Holler, a realtor with Location Real Estate for 17 years in sales and living in Pirates Cove for 25 years. realizes there is no mathematical data to prove that back-to-back gas stations can hurt property values in nearby neighborhoods, but in her experience and opinion this mega gas station will negatively impact property values in the neighboring subdivisions. She knows what buyers look for in a property. A large majority of them come from big cities and all tend to be looking for an escape from the congested bustling cities and for quiet, safe neighborhoods. This proposed gas station is going to have motorbikes, cars, trucks, boats, semis all maneuvering to get on and off the highway and trying to use the cross street to get from one side of the highway to another. Grand Street is already difficult to traverse with the boat business on that street. It is a short street with a blind spot. There is also the veterinary business. Buyers want to live in the Keys because they don't want the noise and light pollution. That won't be possible with a 24-7 lighted mega station, not to mention the effects of all that light on the local wildlife. Buyers will say no to a property for a little highway noise, let alone noise from a mega gas station. In her opinion, surrounding property values will show deterioration in price and sales if this development is allowed, but by the time that can be proven it will be too late. Mr. Andrew Tobin lives on Grand Street and regarding this development, which is really a truck stop, wanted to get a point of order clarified. A Planning Commissioner said that the approval of the variance has nothing to do with the use of the property, and he asked if he had understood that correctly. Demes stated that that had been his question. Mr. Tobin stated that if that is the ruling, then this major conditional use becomes very, very important. Everyone agrees that going from four driveways to two driveways is a reduction, in theory, but if it's going from four to two for the highest intensity use that we know of in the Keys then they did not qualify for a legal hardship, so he is glad the variance does not have anything to do with the use. Mr. Tobin submitted two prior Planning Commission Resolutions from the late 80s, one in Silver 34 74 Shores for a 2.500 square foot convenience store with two pumps and four stations, similar to the one in Ke\ Largo next to the elementary school. a very small station. The Planning Director at the time. Don Craig, approved those and the Planning Commission overturned staff's recommendation. That was at Silver Shores and Woods Avenue on Plantation Key. The purpose of submitting the resolutions is toemphasize that one of the sections not covered in the report is 110-65. authorized conditional uses. "A Planning Commission is empowered within their review of minor or major conditional use applications respectively to approve, or approve with conditions, or to deny any application that may not be appropriate within any particular area in the context of surrounding properties and neighborhoods." That was section (c). Section (a) says, -The designation of a use in a land Use zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved," He knows that some of the Planning Commissioners are not familiar with Grand Street. the Upper Keys, and the residential areas on Almay Street that are going to look directly into this gas station. He appeared before the BOCC last month and they are going to hopefully have a moratorium on gas stations because unlike Collier County which has nine pages specifically directed to gas stations, lighting pollution, and all the other things that are important, one of' the things that is ver) common is to have a setback between gas stations, because gas stations are magnets for traffic. lie would ask for all of the evidence that was provided for the variance to be considered in the context of this major conditional use. There are man) jurisdictions that have setbacks from residential areas. Monroe Count) does not have specific regulations on that, but under 110-65. the Planning Commission has the authority as the final arbiter or judges that decides. Monroe County does not have specific regulations so it's more difficult to figure out how to protect the health. safet) and welfare of the community. This is not one gas station being approved. but basically two gas stations. One has 5,000 square feet of convenience store, the other one has 3.000. This one has I I pumps, the other one has nine Pumps. This is what is at stake here is the neighborhood is going to be changed. The applicant is not entitled to any particular use or the highest and best use of propert). That is a zoning concept that everyone is Familiar with. No property owner is entitled to the highest and best use. especially with traffic safety issues, with benzene issues. with school bus issues. That segment of Monroe County is a dangerous segment and is surrounded by a residential area. a stable residential area. All of the evidence that you heard on traffic safety was not made up. The County's own traffic report that the BOCC adopted shows this as a high crash area. With all due respect to the applicant. yes. a gas station doesn't necessarily create accidents, but it is a magnet. Cars go in, cars go out at all hours of the night, they're pulling boats, there are trucks, and they're backing up on the highway. Those are the things that should be considered in a major conditional use appro%al. The applicant is not entitled to the highest and best use of the property. There is precedent from Commissioners in the past. Grace Manillo, John Scharch, Ron Miller. The) were concerned "it h over development, In the recent years the County has had ROGO and slower growth and allocations. That's great. but there's still a role for the Planning Commissioners to decide what is an appropriate use, and under the major conditional use criteria,just because you meet the technical requirements and just because staff recommends approval under those requirements is not a substitute for your judgment. Everyone in this room is very passionate about having back-to- back gas stations. It is a precedent that you do not want to set because gas stations have unlimited resources and he does not believe the) care much about the local residents. Please don't set the precedent. 35 75 Commissioner Thomas asked for a coy of Mr. To in's paperwork, which he provided. Commissioner Ritz thought r° Tobin had raised a goad point about all of the testimony from Item 3 and whether it would e okay to consider all oft at testimony or if the folks needed to come up and repeat everything they had said for Item 3. Mr. Wolfe stated that the items can't be totally separated and there were a lot of points made that are directly relevant to the major conditional use and the Commission can definitely consider those. The community does not have to get up and repeat everything. Commissioner Ritz wanted the audience to be made aware at they do not need to repeat all of the prior comments made for Item 3. s° Jay Martin thanked the Commissioners fortheir time and all of the neighbors and residents fort sir comments. She has lived in the Rock Harbor area for over 30 years and is familiar with the different traffic flow. Although is may not generate more traffic, it will generate the congestion and issues resulting with the use of the property as a 7-1 1 and amulti-pump gas station. This development brims pollution via air and light. Anyone can Google what it means to live by a 2 m our convenience store and gas station and can see the responses in the studies. t doesn't only show increased crime, traffic congestion, risk for pedestrians and accidents. It's just the nature of the beast with that type of development. Couple t at with the fact that it's next to another gas station. Ms. Martin is concerned with teemissions in the immediate area with so any pumps and big tankers filling those pumps. This is an issue for anyone having breathing concerns and just our quality of life. These reasons are some of the reasons why insurance companies are rating residences near a gas station ineligible for coverage° If homeowner coverage cannot be obtained then property owners are going to be in default oftheir mortgages. If it can be obtained elsewhere there will be a premium increase with more risk. Ms. Cas in shared her cancelation for ineligibility and she's the tip of the iceberg. That is an adverse impact on the residents and the neighborhood. This will also affect Landings of largo. She had reached out to a local insurance company and she asked them to contact the Florida Family group about insurance for homeowner Vvith regard to a gas station and the reply from the undefwriter was, e would not be interested in any property near a gas station." If the traffic condition that already exists in the area worsens as we predict with this use, this area will be a greater hub for fender benders and worse. accidents with injuries or fatalities. This will adversely impact all Keys residents to include all that use the bike way and the highway. The bike path there is used regularly, and people cross the street there to get on the JBT bus. Insurance has always been a issue though homeowner insurance hasn't, but now it will be, for all ofthese residents, with this high-impact use. This is the adverse impact on property values that the staff had referenced i their report that they were not aware of any adverse impacts at this time. She is now putting staff on notice oft is adverse impact. s. Ann Helmers referenced Chair Scar elli°s comment regarding the scope concerning safety and the argument made by the applicant that the curb cuts would simply be needed in any event even were there to be another business such as Anthony's put into that location. By the applicant's own traffic study, there is an increase of trips per day at this sits from around 60 to 673. Sothere is no way not to understand and acknowledge that this will be an enormous increase of traffic stopping, turning, coming in and out. That said, it is interesting and not an extrapolation to say that we as residents have presented FDOT data showing specifically that this is a high impact, high traffic, high fatality, high accident area. It is not a stretch of imagination to say that. If you taste data that exists today and multiply by ten times the number of cars 6 76 making stops and trying to get in and out of a specific area that already has a gas station 40 feet awa%. it's going to be a problem. This is exactly why we have a Planning Commission because you all are charged with making those decisions above and beyond what the statutory requirement may say. It is interesting that the attorney has acknowledged that the applicant has not yet completed the process of obtaining a final opinion from FDOT. That is the state agency authorized to evaluate safety and make decisions. It can't be justified that if one agency says something is okay, then it must be okay. Ms. Jody Koblenzer rernincled the Commission that Ms. Ronnie Harris had made a presentation and may not have been aware that Items 3 and 4 had been separated, and asked them to please recall the fact that she does have studies that she found on the benzene. A high-intensity business at this site would severely damage the community character. A 24-hour business is inappropriate. The light pollution would be particularly intrusive to the garden units of Landings of Largo. Truck deliveries at night would be disturbing during the time of day that residents need to renew their spirits and energies. Residents of the Keys have chosen to live here for the quality of life. Please consider the impact on their lives today. Mr. Joe Wrobleski of Rose Street pointed out how much more traffic will be going through this area. He sat at the Tom Thumb for hours counting cars and on average, in an hour, there's approximatel% 80 cars going through the To Thumb. He spent several hours at Anthony's and there's approximately 30 cars that went through Anthony's, and out of the 30, the number that went into the store were five so most oft ose people were just driving through there. This will be a hundred-and-some percent increase in the amount of traffic in this area %hich is a major safety concern. Ile Googled safety concerns on convenience stores and on the FBI report in 2021 and these stores are number four under violent crimes. Number seven is a gas station. of of the top ten will be in his back yard. lie has not heard one person speak for this development and he hopes the Commission takes that into consideration. Mr. JD Carbello disclosed that he spent 35 years working for Marathon Oil. which was part of Speedway which is now owned by 7-11. It®s already been shown that this is a high-crash location from marker 96 to 99. and the reason is simple. The light turns green at the CVS, everyone has been backed up there fora mile or two so when the light turns green and they get out of that downtown Key Largo area, they're cooking to point south. Conversely. coming up from Tavernier, you may or may not get trapped at the Harry Harris light, but you're in that 50 mile-per-hour zoning coming north. By Keys standards, you're in the wide open spaces. That's a 50 mph zone coming north with all the people blasting Out of the traffic light at 101. and this is a perfect storm of convergence right at mile marker 98. Mr. Carbello presented photographs of what it looks like to pull out from Grand Street. Mr. Carbello mentioned that he looked for 24- hour businesses in this neighborhood. To Thumb is one. and you have to go all the way to the Speedway for the next one that 7-11 owns. There are no other 14-hour businesses in this stretch of highway. It's dark, quiet and peaceful. The Marathon station closes at 10:00 and Anthon%-*s at 5:30. _�hls would plunk one right in the middle of these three subdivisions and would be a great detriment to the quality of life. The community character would change significantly in that one strip of highway. This shrinkage of the tanker truck and how they're going to get this in and out. he has the turning software and has run all of the turning diagrams. and it doesn't work. The \A'B50 doesn't work. Coca-Cola and Frito Lay use W1340, and he Could give an hour talk on 37 77 bets, RVs, ambulances, fire trucks, he's looked at all of them. It looks great when there are no cars in the place. You put one boat, car or RV in there and you can't swing any of them through there. Then with the 44,000 gallons, you do not fill that up with a teaspoon of truck. That will need every bit of five to eight tankers to supply those I I pumps. The character will significantly change. It's the fact of taking a very low-impact, quiet, nice neighborhood store and turning it into high intensity. s. Jeanne Brennan who had presented the crash slides earlier stated that if this conditional use permit is approved crashes will be added on top of what is already there. Some people live only 50 feet away from this proposed site. Any time you enter and exit you®re going to have to slow down so all of these slaw-downs will increase the passibility for traffic conflicts, and then exiting the property you have to accelerate. The community character is going to be adversely impacted by the approval of this application. The character right now is quiet. The lighting would be 24-7. This area is quiet, dark and peaceful. Traffic counts, while the studies show it®s in the 600 range, her estimates are that it®s much higher. closer to 3,000. The trip counts and volume of traffic estimated by the applicant is grossly underestimated in her professional opinion from information publicly available. She believes it's the burden of the applicant to show that these large trucks in and out will work in this area. The gentleman that taught people horn to navigate fire trucks says it's not going to work. The neighbor next door at the Marathon station says it's not going to work with the tanker truck conflicts. Take judicial notice of the Collier County regulations that require a minimum of a 5 -foot setback, the purpose being to ensure that facilities with fuel pumps do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare and intensity of use associated with facilities with fuel pumps, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. There is precedence in Florida for denying these 24-7 gas station operations that conflict with community character. She requests the Commission deny this application. r. Shannon Connelly stated that the Commission has been presented with an influx of input from the community and there has been over 60 letters written in opposition to this. He hopes they have read all of those letters because to his knowledge, there has been no one in support of this. A compounding fact is this issue with insurance. Fie is still paying on his house and if he were denied. he would not be able to carry his mortgage, so that would cost him his home, We know this is going to be detrimental to our environment, value in our own lives and our safety. All of the things that are going on in the Keys and the amount of change we've seen, much of which has not been positive, a lot of it has been out of our control, Mr. Donnelly believes the Commission has been presented with enough evidence and with examples that they would be justified in saying we do not want this because we are representing our local communities for their best interests and their safety. He believes the Commission has the obligation to do this. Just because you can do something because it's legal does not mean it's the right thing to do. Mr. Connelly, also speaking for his wife, Ms. Rosemary Donnelly, is begging the Commission to not let this be approved. It is going to cost people their lives. s. Nancy Truesdale clarified that the Collier County regulations that were put into the record say that separation from adjacent pump facilities should be 500 feet, and not 50. Allowing this would certainly adversely affect the character of this neighborhood. Back-to-back gas stations is unprecedented in the keys, it doesn't exist. To have something like this on a property as unique 38 78 as this one is because of the Grand Street cut is compounded. Photos were shown of the other high-use station, the To Thumb. On either side of that To Thumb there is no residential neighborhood on either side. There is a single house on the southbound side and that's it. The Torn Thumb was appropriately placed in an area that does not affect the quality of life of local residents. That is not true for this Anthony's property. Ms. Truesdale asked the Commission to please vote no. Ms. Lisa Gahagen asked if the Commission ever went on field trips. She is afraid the Commission is not going to realize the impact of what this will do to the neighborhood until they see what the residents see every day when they try to get out of their neighborhood at 5:00 o'clock when the cars are backed up at the light in Key Largo, or trying to get across the street to go southbound. Adding 7-11 in the median is going to be a nightmare. Ms. Gahagen asked the Commission to please vote no for this. Mr. Steve Hartz stated that he is a retired lawyer and he wants to adopt everything that the residents have said. They ha%e been very eloquent. He cannot add too much. but noted that it was first stated that FDOT was on board with this idea. Mr. Ramon Sierra of FDOT who is the traffic services program engineer for this area told the Federation homeowners in a public meeting that they don't render any opinion until after the County's decision, so that should never be considered that FDOT has made the decision. That comment b%, the applicant should be stricken and not used in connection with this or any other application. Also, on page six of the staff report on the conditional use approval, it says that no evidence has been Submitted to support or disprove the applicant's financial and technical capacity to complete the development. The burden of proof under the Commission's rules is on the applicant. The absence of evidence is a basis for an adverse inference on a fundamental issue. So they haven't really met their burden and this application has to be denied on that point. It sounds like just a lawyer"s point but it's actually pretty important. This isn't 7-11 applying. these are the Archers. He has no idea if they have the ability to create the development outlined. There was no further public comment. Public comment was closed. Mr. T% Harris stated that he has been in the position that staff has when there is so much pressure to recommend denial, yet staff has recommended approval because they have met the criteria for this major conditional use. If things are just ruled by the number of people that want or don't want something we probably wouldn't even have a high school in Islamorada. Going through the Tom Thumb data, no one said there was some extra level of criminal activity happening at the 24-hour Tom Thumb. Looking at the classification of gas stations and 24-hour stores may be a relevant feature but the one closest to this has no mention of an elevated crime rate. The traffic crash data was over a seven-)ear period. which is a long time. As far as community character. he is not asking for a rezoning or anything that's not already allowed in the zoning classification. If this was a 2,500 square foot store they wouldn't even be here. Anything over 4.500 square feet will get kicked up to the Planning Commission because it's considered high intensity. Mr. L_ Harris doesn't believe the opponents have met their burden of overcoming the competent substantial evidence from the staff report as to any of these elements. He would be hard pressed to go through the testimony and find some to that degree. This project is under contract with 7- 11 so the abilit% to complete the project is not an issue. Mr. Jason Green confirmed that to be 39 79 correct adding that Axis Hutton is very financially capable of completing this project. They have done 60 to 80 commercial properties per year over a 25-year period and are very able and financially successful with their projects throughout the U.S. He echoed the comments about the compatibility component. There are multiple examples up and down U.S. I where gas stations are in the middle of the two directions and there is the Marathon gas station here. Looking at the community character requirements in the plan, it talks about similar to adjacent uses. That means this corridor is ripe for a gas station. There is one there, and he disagrees with some of the public comments about a gas station that is five feet away from the site not being a problem for residents but this one is. He does not see how that can be differentiated. All of the County`s and F OT"s criteria is based on safety and compatibility with the community. Lighting standards in the code has to be met, landscaping, et cetera. There are a lot of permitting requirements at the state and federal level that trust be met for underground gas tanks. There are also monitoring levels and other safety features that are put into place. A lot of what has been discussed have been alder stations and nonconforming sites that have issues that need to be corrected. He disagrees with the adjacent property owner saying we will cause them problems with their fueling. The applicants site plan shows they can get their trucks off the street, fuel efficiently, and provide access to everyone else using the site. There is no conflict between these sites. The Marathon is able to successfully be refueled, so how is a larger, better designed site not going to be able to be refueled. This is an appropriate location, the zoning allows the use, and the job is to crake sure the criteria are met, which they have. It will be the best looking thing that`s up and down this corridor right now. He is proud of the landscaping and willing to do more. The applicant is willing to offer anything that would help create safety and improve lives and be part of the community. This use does not cause traffic accidents. Any successful business that is drawing trips on the roadway is going to have those issues so Ws not a gas stations Mr. Green hopes the Commission can get past this gas station component as the location is appropriate. Chair Scarpelli asked about the site plan and some of the evidence provided showing a boat trailer at the end of the row of pumps and asked if that was a Rec 90 pump. Mr. Green believed that it could be a Rec 90 pump but he would have to check. Chair Scarpelli asked if diesel was being provided at this station, Mr. Green did not know the answer to that. As to the spacing, there is about 30 feet between the parked vehicle at the end fuel station and the turning path of a truck where they refill the fuel. Chair Scarpelli stated that the photo was kind of compelling and that's why he was asking, Mr. Green stated that he was confident in the site circulation, Mr. fan Rairden added that the traffic study was based on methodology agreed to with the County. They looked at both weekday and weekend, and morning and afternoon for the peak hour traffic to accommodate the highest volume of traffic on the road. Gas stations inherently draw traffic that is already on the roadway. The study looks at new trips and pass-by trips and shows that they have fret the standards based on the County°s guidelines, and staff agreed. Commissioner Ritz stated that one of the comments from the public had been that drivers turn left from the fast lane as opposed to turning right from the slow lane, and asked what accommodations have been made for turning left from the fast lane. Mr. R.air en stated that there is no deceleration lane designed or provided at this driveway. They had looked at what the FDOT requirements are for right and left turn lanes and there is not a guideline for providing a deceleration lane into a site like this, so they did not provide one, Generally, the way FDOT A 80 looks at the turn lanes in general is when there are multiple lanes of traffic going in one direction there is an opportunity for a car to move over tote adjacent lane to continue their flow. so it's a little less stringent on what's required. Commissioner Ritz asked if there were DOT standards for a four-lane divided highway where you're turning left into an establishment. Mr. Rairden responded that they were not able to rind that in the guidelines. There were no further Commission questions for applicant. Ms. Tolpin had no further comments. Mr. Green wanted to make a closing statement saying that he gets the emotional outpouring and concern. He has worked on both sides in the public and private sector and has a lot of respect for the Commission's job, but asked them to please understand the context of this and rely on the standards of the County. Mr. John Wolfe explained that there have been a couple of different references on the Commission's scope of authority and effectively the role of the Planning Commission. The Commission is not bound by staff s recommendation, as, they know. However, if the Commission decides to not go with the staff and deny this, they need to state which conditions aren't met because the law must be applied. Mr, Peter Morris added that this decision is being made within a containment field and what it's interfaced with are the criteria that are enumerated in the code which are laid out in the staff report. The criteria is where the Commission decides where to ultimately land, and not a popularity contest or anything extrinsic to what's in the code. Commissioner Dernes complimented staff, recognizing that they work really hard with this having a lot of community input. He appreciates owners' rights. This is a very difficult decision. Technically, the criterion for approval has been met for the Land Development Code, but he'List got realigned by the attorneys. Before Mr. Wolfe and Mr. Morris spoke. he was 51 percent against and 49 percent for. But now he finds it difficult to find solid criteria put together by the staff to deny this request and it's unfortunate because he has to sleep at night. He thinks the right thing to do is to deny it. Being charged with what the attorneys just stated, he is going to have to vote against this. Mr. Wolfe stated that he was not trying 10 Suggest that the Commission is bound byte staff report, but that a denial must be stated as being based on not meeting one of the criteria. Commissioner Ritz cornmented on Commissioner Dernes' 51 percent, and added that community character and public safety is a criteria. If it's not appropriate for the area, then the Commission is allowed to make that determination. As he had been driving through Marathon this week he appreciated the architecture of all of the new construction with the metal roofs, broad porches, and thought that Marathon is really turning around and becoming a very attractive part of the Florida Keys. Then you see the 7-11 and Speedway and it's like a turd in a punchbowl. There's all of these beautiful new buildings. and then these very corporate entities that look exactly the same anywhere in the country. and are not Keysee in any way, shape or fashion. They do not meet the community character of Marathon and certainly do not fit the community character of Key right next door. Commissioner rig itz does Largo, particularly when there is one gas station R t:� CD not recall the audience saying the Marathon station was okay and therefore they should not have another one. He heard that it was not okay and the® didn't want to exacerbate the situation, and expanding the footprint of the gas station there would be making those problems worse. Commissioner Ritz was particularly compelled by Ms. Cashin's testimony with the insurance. 41 81 He is not sure staff was aware oft at point, that being that close to a gas station you could lose your homeowners insurance. That is quite shocking and the neighbors that will be abutting the new gas station, if it goes in will, also be shocked by that. So that's new information that staff didn't have, He does not believe staff was aware of the JBT bus station across the street so he's not sure of the impacts oft at. So new things were learned today, but based on the real estate values, the community character and public safety, he is going to vote against this. Commissioner Neugent added that it could not be articulated any better than Commissioner Ritz had one, and having listened to the people that have made their presentation and expressed their opposition to of the community character and the safety issue, he will not vote for this either. Commissioner Thomas stated she lives in Marathon and she has seen what they have done to her area and it's been a disaster. Commissioner Dernes asked which criteria the insurance issue would come under. Commissioner Ritz responded that it would be under real estate values. Commissioner Demes stated that that had also caught his attention. Chair Scarpelli stated that this is one of those where you find yourself in a difficult position as to what is the right thing. Clearly, staff was very diligent with going through the whole process, and the applicant as well in doing their due diligence and everybody meeting the criteria. But then, you start to get into some of these things such as where the community brought Lip very interesting turning radius graphics that seem to be concerning. They aren't the professional on the job doing the study but their information is still very useful in making these decisions. You would think that a property in between two roadways heavily traveled would be an ideal location fora as station rather than it being actually adjacent to a residential neighborhood because it is like that in other parts oft e Florida Keys. The public right-of-way is 65 feet on either side oft is gas station and that's quite the buffer. The landscaping on this project is really well one and you won't even see the parking lot from the road. Chair Scarpel I i then asked fora motion. Commissioner its made a motion to deny the request based on this not being appropriate for the area, it does not meet the community character standards, it has a negative impact on the real estate values due tote insurance issues, and there is a public safety issue with the traffic. Commissioner Thomas seconded the motion. Motion: Commissioner Ritz made a motion to deny as articulated. Commissioner Thomas seconded the motion. Roll Call: Commissioner Dames, Yes; Commissioner Thomas, Yes; Commissioner Neugent, Yes; Commissioner Ritz, Yes; Chair Scar pelli, o® The motion passed 4 to 1. BOARD DISCUSSION None. GROWTH MANAGEMENT COMMENTS None. ADJOURNMENT The Monroe County Planning Commission meeting was adjourned at 3:40 p.m. 42 82 83 1 _ 2 3 "„ ,s+,, 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE . -2024 9 10 AN ORDINANCE APPROVING 11 MONROE COUNTY LAND DEVELOPMENT CODE TO NEWLY 12 CREATE SECTION -1 "TAVERNIER KEY 13 COMMERCIAL OVERLAYI I "; INCLUDING 14 AND INTENT, BOUNDARY,APPLICABILITY,NROGO ALLOCATION 15 STANDARDS, AND MAXIMUM NONRESIDENTIAL AND 16 RESIDENTIAL DEVELOPMENT POTENTIAL; S 17 LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO, 18 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 19 00089490-000000 AND - Y LOCATED 20 AT MILE .5; AS PROPOSED BY CEMEX CONSTRUCTION 21 MATERIALS FLORIDA, LLC, 22 PRODUCTS, INC.; PROVIDING FOR SV ; PROVIDING 23 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 24 TRANSMITTAL TO THE STATE LAND PLANNING 25INCLUSION N THE 26 MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVEATE. 27 28 WHEREAS, on or about March 23, 2022, the Monroe County Planning and Environmental 29 Resources Department received an initial application from Singletary Concrete Products Inc. and Cemex 30 Construction Materials LLC ("Applicants") via their retained agentSmith/Hawks P.L. and from The 31 Vestcor Companies Inc. and Blackstone Group - Tavernier 925 LLC ("Developers"), seeking for the 32 Monroe County Board of County Commissioners (" OCC", "Monroe County", "Board", or the 33 "County") to approve the creation of a Tavernier Key Commercial Overlay District ("Commercial 34 Overlay", "Tavernier Commercial Overlay", or "Commercial Overlay District') by approving the 35 creation of Land Development Code ("L C") Section 130-143, including the purpose and intent, 36 boundary, applicability, NROGO allocation standards, and maximum nonresidential and residential 37 development potential for two (2) parcels of land located at 92501 Overseas Highway, Key Largo, 38 currently bearing property identification numbers 0009490-000000 and 00490250-000000 ("subject 39 property"or the "property"); and 40 41 WHEREAS, a corresponding land use district map amendment for the property to apply said 42 Commercial Overlay District was submitted' and is currently being reviewed by the Monroe County 43 Planning and Environmental Resources Department ("Department'); and 44 45 WHEREAS, the proposed text previously received, reviewed and considered was changed 46 (revised)by the Applicant by resubmittal by the Applicant on or about January 19, 2024; and Monroe County Planning and Environmental Resources Department File No.2022-054. 1 of 8 84 I WHEREAS, an amended and restated text amendment application was received on November 2 20, 2023 (the "amended application" or"application ,)2; and 3 WHEREAS, the subject property is located within the boundary of the Tavernier Livable 4 CommuniKeys Master Plan,a Master Plan for Tavernier Creek Bridge to Mile Marker 97,(the"Monroe 5 County LCP" or"LCP"); and 6 WHEREAS,the subject property is located within the Tavernier Creek to Mile Marker 97 U.S. 7 Highway 1 Corridor District Overlay("TC")as identified in the adopted Tavernier Creek to Mile Marker 8 97 U.S. Highway 1 Corridor Development Standards and Guidelines ("Monroe County Corridor 9 Development Guidelines" or"Corridor Development Guidelines"); and 10 WHEREAS, the adopted Monroe County Corridor Development Guidelines establish that this 11 property is located in the "Suburban Zone"of the adopted Corridor Development Guidelines; and 12 WHEREAS, the "Suburban Zone" of the established Corridor Development Guidelines is 13 characterized by intermittent occurrences of open space, residential development of diverse densities, 14 and industrial and general commercial uses following a pattern similar to that found in the mainland 15 suburbs; and 16 17 WHEREAS,the vision for this established corridor allows the individual zones to maintain their 18 distinctive characteristics, yet, encourages a unified image of the corridor as a whole, where landscape 19 and the built environment share common elements; and 20 21 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the 22 proposed text amendment at a regularly scheduled meeting held on October 25, 2022; and 23 WHEREAS, on November 14th, 2022, the Chair of the DRC signed Development Review 24 Committee Resolution No. DRC 13-22 recommending that the Monroe County Planning Commission 25 and Monroe County Board of County Commissioners DENY said amendment to the Monroe County 26 Land Development Code to create this Commercial Overlay District by newly creating Land 27 Development Code Section 130-143; and 28 WHEREAS, the Monroe County Planning and Environmental Resources Department's 29 professional staff report prepared for the Monroe County Planning Commission hearing dated April 13, 30 2023, completed by Assistant Director of Planning Cheryl Cioffari, A.I.C.P., and Principal Planner 31 Devin Tolpin, A.I.C.P., C.F.M., likewise recommends DENIAL of said amendment; and 32 WHEREAS,the Monroe County Planning Commission ("Planning Commission")held a public 33 hearing on April 28, 2023, to review and consider said amendment; and 34 WHEREAS, on April 28, 2023, the Monroe County Planning Commission issued Planning 35 Commission Resolution No. P16-23 recommending that the Monroe County Board of County 36 Commissioners DENY said amendment; and 37 '-Monroe County Planning and Environmental Resources Department File No.2022-053. 2 of 8 85 I WHEREAS, following the public meeting of the Monroe County Development Review 2 Committee, following the public hearing of the Monroe County Planning Commission, and following 3 the DRC's and the Planning Commission's recommendations that the Monroe County Board of County 4 Commissioners DENY the proposed amendment, the Applicant then submitted a revised proposed text 5 amendment to the Planning and Environmental Resources Department on or about January I 9th 2024, 6 for the Board of County Commissioners to consider; and 7 8 WHEREAS, the Monroe County Planning and Environmental Resources Department's 9 professional staff report dated January 23,2024,prepared for the Monroe County BOCC's special public 10 hearing dated February 15,2024, completed by Assistant Director of Planning Cheryl Cioffari, A.I.C.P., I I and Planning and Development Review Manager Devin Tolpin, A.I.C.P., C.F.M., recommends that the 12 Monroe County BOCC DENY this proposed text amendment to the Monroe County Land Development 13 Code to create this Commercial Overlay District by newly creating Code Section 130-143; and 14 15 WHEREAS, at a duly noticed special public hearing dated February 15, 2024, the Monroe 16 County Board of County Commissioners considered the foregoing and the Department's most recent 17 professional staff report recommending that the Monroe County BOCC DENY this proposed text 18 amendment to the Monroe County Land Development Code to create this Commercial Overlay District 19 by newly creating Code Section 130-143, and provided for public comment and public participation in 20 accordance with the requirements of state and local law; and 21 22 WHEREAS, based upon the documentation submitted and information provided, including but 23 not limited to the documentation and information furnished in the foregoing Monroe County Planning 24 and Environmental Resources Department's professional staff reports, the Monroe County Board of 25 County Commissioners hereby enters the following findings of fact and conclusions of law: 26 27 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe 28 County Year 2030 Comprehensive Plan; and 29 2. The proposed amendment is consistent with the Principles for Guiding Development for the 30 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; and 31 3. The proposed amendment is consistent with Part It of Chapter 163, Florida Statutes; and 32 4. The subject proposed amendment will not result in an adverse change in community character 33 to the sub-area which a proposed amendment affects or to any area in accordance with the 34 Tavernier Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and 35 5. The proposed amendment is a necessary adjustment in light of recognition of a need for 36 additional detail or comprehensiveness, incorrect determinations or assumptions or changed 37 conditions as required to approve a change to the text of the Monroe County Land 38 Development Code in accordance with Monroe County Land Development Code Section 39 102-158. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 43 44 Section 1. Recitals and Legislative Intent. The foregoing recitals and determinations, including 45 but not limited this Ordinance's title, are true and correct, and are hereby incorporated as 46 if fully stated herein. 47 3 of 8 86 I Section 2. The above Monroe County Planning and Environmental Resources Department 2 professional staff reports prepared by Assistant Director of Planning Cheryl Cioffari, 3 A.I.C.P., and Planning and Development Review Manager/Principal Planner Devin 4 Tolpin, A.I.C.P., C.F.M., are hereby incorporated as if fully stated herein and their 5 analysis and determinations of fact and law to the extent not plainly inconsistent with this 6 Ordinance are hereby accepted and adopted as if fully stated herein. 7 8 Section 3. The text of the Monroe County Land Development Code is hereby amended as follows 9 (changes (additions) are shown below via the below underlined text): 10 Section 130-143. Tavernier Commercial Overlay District 15 (a) _Purpose and Intent.The purpose of the Tavernier Commercial Overlay District is to implement 16 applicable ,goals, objectives, and policies of the Comprehensive Plan and to allow larger-scale 17 nonresidential development in a scarified area of the Upper Keys that primarily serves the needs 18 of permanent residents of the Upper Keys. The intent is to provide accessible nonresidential uses 199 to permanent residents of the Upper Keys, while maintaining the character of Tavernier. 21 (b) Boundary. The Tavernier Commercial Overlay District shall be shown as an overlay district on 22 the Official Land Use District map. The Tavernier Commercial Overlay District shall be shown 23 as the boundary of the parcels with Monroe County Parcel ID numbers 00490250-000000 and 24 00089490-000000, and depicted in the map below: 25 4of8 87 L. . J,- Key Largo OLEANDER. Approx. MM 92.5 -. . .. ... Q ........ . ..u.. ...... . j I r 00089490-000000 Mw 00490250-000000 3 (c) Applicability. Development within the Tavernier Commercial Overlay District shall be 54 subject to the following standards: 6 1. An amendment to the Official Land Use District Map is required and such overlay shall be 7 shown on the Official Land Use District Map. 8 2. The development of a single nonresidential structure that contains more than 10,000 square 9 feet within the Overlay District shall be subject to the terms and conditions of an approved 10 Development Agreement as defined in sections 110-132, 110-133, and must include: 11 a. Provisions for the development of 86 workforce housing dwelling units;-and 12 b. Preferred leasing standards for essential workers of the workforce units; and 13 c. An approved site plan that includes the following in addition to all site requirements in 14 accordance with the Land Development Code: 15 i. A pedestrian walkway connecting the nonresidential parking area to the right of 16 way known as Orange Blossom Road. Required lighting for the pedestrian 17 walkway must be in compliance with Chapter 114, Article VI. 18 ii. If outdoor lighting is proposed, in addition to all requirements of Chapter 114_, 19 Article VI, such lighting shall be designed and located such that the maximum 20 illumination measured in footcandles at any exterior property line adjacent to 21 residential uses, not included in this overlay, shall not exceed zero (0) for cutoff 22 and noncutoff lights,with the exception of the pedestrian walkway or any lighting 23 required for life safety, as provided by Monroe County. 24 3. All perty lines adjacent to U.S. 1 shall provide a Class E Scenic Corridor Buffer. 25 4. All development shall be permitted in accordance with the permitted and conditional use 26 requirements of Chapter 130, Article III, Permitted and Conditional Uses. 5 of 8 88 5. Industrial uses are not permitted within the Overlay. 3 (d) Maximum Development Potential. 4 1. There shall be no allocated or maximum net density standard available for residential market- 5 rate or transient dwelling units. 6 2. The Tavernier Commercial Overlay District shall be limited to a maximum total development 7 potential of- 8 a. 49,900 square feet of nonresidential floor area; and 9 b. (86) deed restricted workforce housing dwelling units; and 1 c. accessory uses and structures. 12 (e) NROGO Allocations. Notwithstanding Section 138-51, the Tavernier Commercial Overlay 13 District shall have the following NROGO allocation standards provided that the criteria set forth 14 in subsections (fl, (g) and (h) are satisfied: 15 1. Maximum allocation of nonresidential floor area. The amount of nonresidential floor area 16 to be allocated or transferred to the Tavernier Commercial Overlay District shall be limited 17 to a maximum of 49,900 square feet. 18 2. Maximum floor area per structure. A single nonresidential principal structure within the 19 Tavernier Commercial Overlay District shall be permitted to receive an allocation that 20 expands the structure to more than 10,000 square feet, but not to exceed a maximum of 2� 49,900 square feet of nonresidential floor area. 23 (f) Notwithstanding LDC Sections 139-1(fl, 139-1(g) and 139-1(h), 86 workforce housing units 24 must be provided on-site consisting of 24% (21 units) very low income, 24% (21 units) low 25 income,26%(22 units)median income and 26%(22 units)moderate income.No building_permit 26 shall be issued for a structure receiving an NROGO Allocation or transfer that would expand a 27 nonresidential structure within the Overlay to more than 10,000 square feet unless and until 29 building permits for all 86 workforce housing units have been issued. 30 (g) All new residential units developed within the Overlay shall be subject to the ROGO permit 31 allocation system or transfer of ROGO exemptions of existing lawfully established permanent 32 market rate or affordable dwelling units that have less than five years remaining on the required 33 deed restriction pursuant to Section 138-22(b)4)b. 35 (h) Prior to the issuance of a Certificate of Occupancy for a nonresidential structure that is more 39 than 10,000 square feet: 38 1. At least 50%(43)of the required 86 workforce housing units must have received a Certificate 39 of Occupancy; and 40 2. At least 50% (43) of the required 86 workforce housing units must have received approved 4� foundation inspections. 43 (i) All other provisions of the Comprehensive Plan, Tavernier Livable Communikeys Plan, the 44 Tavernier Creek to Mile Marker 97 US Highway Corridor Development Standards and 45 Guidelines and the Land Development Code apply unless express) exempted herein. 46 47 ***** 48 49 50 51 6of8 89 I Section 4. Interpretation and Construction. On the basis that laws, decisions, and determinations 2 issued and/or approved pursuant to or made in accordance with Florida Statutes Chapter 3 163 and Chapter 380 and the Monroe County Land Development Code and 4 Comprehensive Plan are not in derogation of the common law, the ordinance approved 5 herewith shall not be interpreted or construed by any administrative tribunal or court of 9 competent jurisdiction as in derogation of the common law. 8 Section 5. Non-Reliance by Third-Parties / Non-Reliance by Third-Parties to Enforce Third- 9 Par!y Claims or Benefits. No third-party natural or legal person(s) shall be entitled to 10 rely upon or utilize any term or provision of this Ordinance to enforce or to attempt to I I enforce any third-party claim(s) or entitlement(s) to or benefits) from any provision of 12 this Ordinance. 13 14 Section 6. Severbility. If any provision of this Ordinance, or any part or portion thereof, is held to 15 be invalid or unenforceable by any administrative hearing officer or court of competent 16 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 17 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other 18 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other 19 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue 31 unimpaired in full force and effect. 22 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are 23 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not 24 repeal the repealing clause of such ordinance or revive any ordinance which has been 25 repealed thereby. 26 27 Section 8. Transmittal. This Ordinance shall be transmitted to the Florida state land planning Bagency pursuant to Chapters 163 and 380, Florida Statutes. 30 Section 9. Filing and Effective Date. This Ordinance shall be filed in the Office of the Secretary 31 of State of Florida, but shall not become effective until a notice is issued by the Florida 32 state land planning agency ("Florida Commerce") or Administration Commission 33 finding the amendment in compliance with Chapter 163, Florida Statutes, and if Pchallenged until such challenge is resolved. 36 Section 10. Effective Date. This Ordinance shall become effective as provided by law and stated 37 above. 38 39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, Vat a special public meeting held on the day of 52024. 42 Mayor Holly Merrill Raschein 43 Mayor Pro Tern James K. Scholl 44 Commissioner Craig Cates 45 Commissioner Michelle Lincoln 19 Commissioner David Rice 48 BOARD OF COUNTY COMMISSIONERS 49 OF MONROE COUNTY, FLORIDA 50 51 By: 52 MAYOR HOLLY MERRILL RASCHEIN MONROE COUNTY ATTORNEY 7 of 8 �E TO ID JFORM Date: 90 1 2 3 4 5 6 (SEAL) 7 ATTEST: KEVIN MADOK, CLERK 8 9 By: 10 AS DEPUTY CLERK 8of8 91 The Applicant's proposed text as submitted on January 19, 2024, is shown as follows: additions are in .blue, underline. Staff edits are shown as follows: additions are in reel t'l,"ji""n(I erl i lie and deletions are ection 130 143. Tavernier Commercial Overla District e of the 1averrder Commercial Overt District is to (a) .L' p e and Intent. The RUM goals j--ob Lctilv2L, i��s oL 9 n Uin—iiLd to-s--�n -mL- ied a rea,of Lh 1 st er �e a q. scarifi fjdM qr il y..�gy��. t-,s he o needs .......... ................. !z............of .�wLt�(unt residents of' t gys. The intent is to pLqv kfe,accessible nonresidential uses to )q qLigLiLresidenls of,,the 1-j cr whHe ,M.,, intaining 1!i(Lcharaig.ter of Tavernier, ................................................. (b) Lioundary. The Tavernier Commercial Civeriqy, 1.2Lst over La\� &trict on the Official Land Use Dist,rict Corrin-wricial Overlav District shaH be shown as the bound al the r-�els with Mo Parcel It.) nurnbers 00490250 000000 and 00089490-000000. and ij.ni.c.t.ed in the rna ......................... "I.................... OLEANDER—DR .F Key Largo .................. .. ..... ..........Approx. MM 925 .......... ............ [HE, ............ fli I ....... ...... ..................... ...................................................... I L I I 0 .......... ........... ............... ... ................. . ............ ............. .......... ........................... 00089490-000000 00490250-000000 (c) A lcA!LfljjL. -)�yelq inegit within the�r-,tvg.EniLiLCommercial QvgLa District shall be "iqb'ect to the following 5.1�1!2dAr .................... .. Exhibit 3 Proposed Text with Staff Recommended Edits(File 2023-053) 92 I. An aniendment to the Official L.an.d Use District al M L ).-is recLuired an(,]SLIC.11 oyerlLA� shOl be shown on the Official Laind LJse District k1k). ..... .......The deve I in 2 non e lresidenl[W structure that contains m W)OO ore than 1 ........................... s.q et within the Overlay District shall be skjNqqj� j!jg terns arld con&tioris of Linn�iL)L)z(Lv�LcL[)ea lL��Miejit AgIL nerq efined in sections 110 13 2, 1 l 0-1�.3 3, and g inut s nlchude: ...................................................... a. Provisions for the d rent of 86 workforce hOUSi qHrngL wsand b, Preferred fbir essential workers of the work once Ullits and c. A _W rgygd s�it t includes the 1611lowing., 1.1irements ................ in accordance with the ➢L,and Qev j U)" im e n t""'Code: ........... i, A--WLd L,.,tr itk i I Lw )nrLectLm,, lie ononL siALi� Ekjg�j� jlgguL 131�1 sorn Road. Re tAir d li L Lll> .......................................... ...q................ PR_[LL- p e,(je s' IrILISt The in c a fianc'e ith 2hmLtLLI-L4.A—rficle V-L __trian ii, YILSOMLL- Ljiapte� !14 AA.i C!��.........V L, .�s.u4.c. h.. ➢iJ�htirq!�shall�bcde�si !2g�d a n..d I oc a t.c d s tA q h. t 1]al t e- maximuni, illurnination meaSUred in footcandles it e se jjLL� residentlal u �, io n�.j ided in this ov L not ..................—..— _L_Lj_ _L it --- exceed zero_(a["�.y__cqtofj'and noncutoff i-'I-Lt�. With the ex ption of tile-UL - - I -N, u i red flor,jift- a j]Lrgyjde b o i ii.r..o e ti n t.,L............... . ........... ...... 3 A I I j2i.T.) _j.j-ne-._AjVaLgjl.....t.......t o.....LL.......S, I sha.11 u°unviafe..au Class E..Scenic Corridor Buffer, .... 4. All deye Gar pjj,je �sh,gLLLk EMLItted in accordance With ttLepLe Li1j,!,Lqd and conditional .............................. .......... Li� gj rrenients of'Chap.LeL.,j,'..�(L Article AILPernjtteld and Conditionai Uses. 5, Indust rial uses e ar not-p hie OyerlA)�� 1,g Koi-4_Ep)i1ted within t ............ M oft-t4RI+'I-10 (d) Maximum Deve as inent Potential. standard available for residential f. There shall be no allocated or maximurn net '-.-........................... ................................................. ................... market-rate or transient dwellin 1 units,, ............. 2. The Taven'lier Comniercial OverIqLQLisiIjq shall be ➢fiiin�ted to a maxinigni total ................................... a. I-L),9QQ_�-�L�4L_,feet of nonresidential floor are a. arld Via. k �deed�restricredwo�rkforce�hoys�in-,j :�".jfi c, accessory-uses and structures. (e) NROGO Allocations. Notwitfistanding5��cniaanx ➢3 -ill �fa� �auv�rrnrcn Lcl!llai(��L Qv E➢ District Shall�haye the aj,L��Kgion standards pKgyided that the 4�� — ......................................................:........................ criteria set f"arth in subsections Lf)., 121 e satisfied: L Maximum allocation ofrionresidential floor area. The arnount of'rion reside ntial floor arr.-a to be allocated or transferred to Ithe Tavernier Commercial Overia y [2.istria shal I .......................... The hrn4ed to a maximuni OfA(�) (.LO.square fect, I maxinium floor.,,L structure. A s.tjjigjle nonresldenflai I 11[ij l s geture w4hill ...........➢....................................................................- - L ----� theTavernier Corrunercial Overla,� District shall gp.Lq!�4 to r,eceive arit allocation ............. Exhibit Proposed Text with Staff Recommended Edits(File 2023-053) 93 , but rj, t to exceed a� —Q................................................................................ maxiTnum 499 ��fqet of nonresidential floor at."ea. ..................... ............ (f) Notwiffistandin l.j.)C Section,s­1,319-1 19 ....... _workfor(a hoti—' unillsnIUA be I -SUC COIISiSfirlL) inn o-n 2 4 11,� —...k(2 jirdt,�,�'Jj�..�Ajncome, 2611,,o, 2.,u it. )­jjj�jian incorne ard WIN) modc,,rate inconw. ...-1- ­9 -2- ................... issued for a sn ucture receMp.&.,�gj NOG Allocation or ...............................................-,-­---,— transfer that would x d a nonresidential structure within the Overla to more than Alaj Uare fect. Ufflqss and Until bUildin.p ousi q gMlits for all 86 workfoirce� h ......................................................................... ................... ............................................ d 4- S0110 have been iSSL fX- -be'-wiWea ——-——- --------------------- ........... (g) All new residential units de e o ed withan the"()OyrerL� di-str-kt shall b slj ect to the ...................--............................................................................................................................................ ............................................................... --------—­.................................. L�LQQD jLgrnit allocation �j��LeLn_j2Ltrqnsfer of ROGO­SNempti� s.. —-——---------------------.........- ?nL Lsaa blushe amerunauiruenLiLnqrkct raL oLi�, affbirdable dwellirIg units t1hat have less than five . ................................... i !g�SjRj Lia, restrictJon auuay a raato Section 13& b, (h) Prior to the issuance of a Certificate of.Occupanc , gonresidential Structure that is Aj .............. Ingre than 10,090 feet: I. At least 01,,o p�q!�ir d 86 workft.) io Lmk­qnits must have rec.eived a rce eiicate of 0 C tiF gna inn I At least 501% 1()�.work fo rce housin mits eived I.i..r p uj foundation in.......... 0) A!Lg±qsii�KLs- a, jqy��Lnier I.Jivable Coi2j!:!jj!DjhM l tg the'Favernier Creek to Mile Marker 97 US I ligtr�yqy 'on odor Develo___pftigq Standards and (.-hddelines and the L..and ve➢o mgj��,VRII unfe—ris ex)r Exhibit 3 Proposed Text with Staff Recommended Edits(File 2023-053) 94 95 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Monday, February 12, 2024 9:45 AM To: Ballard-Lindsey; County Commissioners and Aides; Senior Management Team and Aides; Hurley-Christine; Gambuzza-Dina; Rosch-Mark; Clark-Richard; Beyers-John; Kevin Madok; Pamela G. Hancock; Liz Yongue; Pam Radloff; Gastesi-Roman; Shillinger- Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; County-Attorney; Allen-John; Pagidas-Naomi; Saenz-Stephanie; Brouillette-Marie Subject: Item 131 BOCC 02/15/2024 SPECIAL MEETING REVISED BACK-UP Attachments: Proposed Revised Langauge Cemex LDC Overlay.pdf, Exhibit 4 Draft Ordinance.pdf Good morning, Please be advised,the agenda item back-up has been revised for item B1. "PUBLIC HEARINGS:An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith/Hawks PL on behalf of Cemex Construction Materials Florida, LLC." Agenda item back-up is attached. Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r onryec_ u�n1yy: .....gpy PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 The Applicant's proposed text as submitted on January 19, 2024, is shown as follows: additions are in blue undedine. Staff edits are shown as follows: additions are in i h n�,^ and deletions are i d Sec�fifioli� 130 143. Tvivelrlq�ielr (a) llql�el9t! "I"he u21" th e I'av ern i er C,om M crej aj Qv(,J ay Di stri ct i s to, imp1grngiij gpj)1j(:" le a g�2gj�a ve, b i S, and pa2fi cj es of the C"ornpEgbt,nsi ve P]an and to aflow Igger sca]e nonresidential (1�,Yelopment in a. scarified area. of"th(:, IJ po:,E 1�(:,,y s that. pLimaIlly serves the negds of p�,rmanent residents of" the !1po't, Keys� "I"he intent is to, pl-9vide accessible nonreential uses to pgj,manentsiden rets of"the lJ ppgj- Kgy y�, � bjle mainta,ining jhg �:,hara.ctsider ofFa.vernier., Olt) P2!lndAry! "I"he "Ya.vernier Commercia] CMday District sha,11 be shown as an overlay, district on the Of'ficia] Land 1-Ne Commercia] 0, verlay District sha,11 be shown as the boundau u2111, pqL glra uyjth Monroe Counly Parcel 11) numbers, 00490250 000000 and 00089490 000000, and depicted in the Map below: ............ L-LLLL-L...L....L—j I.........................----jj....... OLEANDER DR KeyIL,argo ..................... ........ ...........................E Approx. 12.5 ................................ .................... .......... ............... i' ....................... a .............. Li ............. ................ ............................ LU 0 ...................... .......... .................... ............... .... .... paid � tm UHANUE 13LOSSUMI j 00089490-000000 Ile IN 004�90250-,000000 (c) Appfl(alll ouu it Lhvelop!22glt Within theTavernier('ollit-nercial Overlay Qkstrict shall N, SLO ect to the Following ,t (1, A,- )j �ja I al ,s 1. Exhibit 3.Proposed Text with Staff Recommended Edits(File 2023-053) I. An amendment to the Official an d Use DistrictM lip I�ilqllinldatl d such overlay �11'111 be shown on the Official I"Ind Use 12istrict M'112: I The developijigiij Q�" g �Jtlgjg notiresidential structure that contains, ITIore than 10,000 feet Within the Ovei'lay Dktri('t shall be SuLuect to the terniss and conditions of, 'Itl 111TE(MId Developl!)g!)i Agnellient ass defined it, sections...all 1,32, 110 1,33 and I N must iticlude-. s l)f figM - gin. Provision forthedevelopigI)l(J0orkforc ousing and r ! ! d sb Pferred eassing � Ifl ssor eentiaworkersofth workf()TCC it It an d c� At] apj?E(�ygd sitg phin that includess the followitIg In addition to afl site 1-eqMIEg!]!gt1tss In accordance With the I"Ind I cycloP122git Code- i. A pgjgsstrjan walkway g�fl!)g('tjt1g the notiressidential gnu tking area to the 1-il-11! �A' "m hmnvll �ss Oratigg !flgssom Roa(L Regqj1-ed figlnting 6 or the. pg(jgsstrjan walkway IDMg I24n In compliance with (ImIgg- I I 4N Article V1, H jightiM' is P]-Qpgsed� In addition to 111 1-egq!Eg!22g1t '11 � 1112igl I 14N ArLic ,h VIN ssu(ji figIlling shall be dessig!)g(I and located such that the 111aximum djunlination Illeassured In footcandless at any j2i-Qpgl-� .. fitle a& gtlt to ressidential ussesN not Included In thiss oveflayN �nIigjj fl(n! exceed zero (I1) 661- cutoff, and noticutoff, I gjqs w le exceplIgD ith tt o F, th e, pg�jgsstrjan walkway QE gj)y figlIting]-NIJI-ed for I I fe sa F'Cly, gs p]-ovj ded by Monroe Coutl!y� -owny fitle$ 'Idjacctlt to tj s I shall j?!Qyjde a Class F, scenic Corridor Buffer, 3 ll pi 's 4. All develo12121git shall be P4 u-111jued In accordance With the pg-111jued and cotldjtjotlaj IISC T4 q9IE9Mgt1tss of,("haigg- 1,30N Article HIN Permitted and Conditional tjsses, 5. Industrial ussess are not Pg-ElItLed Within the Ovellal slieh 4nme as a 1)11nkhtlt pemlIt is isslie('l Awthe nonFes4lew�'fl I,ee�r (d) N1,axinumn ........................................................................................................................................................ L I'llere shall be no '41ocated or 111axil Ilum net denssila tan lard available for ressidentiat mark et rate or tran ss I en t dw el 1!D g Milt iss 2 The Tavernier Commercial Overlay 12istrict shall be finlited to a 111aximum total an 41L900 ssgq�]-e floorarea; and b. (�()dggd restricted Work force housing d ygjfitlg MI)IIss; and C� (ICCCSSOTY USCS and sstructuress� (c) l „ I0 Allocatioins. Notwithstanding 5g�jjotl 1,38 L' I'aVernier (�oITI III erciat Ovgjgy Qistrict shall have the following Nj��XiO allocation standarch's J?E(nYjded that the. criteria set for[h In sub secti( t s (20 �fl d(!I) (11 C sa 2 1 $( ti h4 d 1. Maximum allocation oftionressidential floor area. The floor area to be allocate xl�or tratissferred to the Tavernier Commercial Ov4�Ijay 12istrict sshajj. be fimited to a maximum o6,49N900 smare feet, I Maximum floor area pg- sstructur4 A singIg 11(21n6;,ss4detltial pl-iflljpaj structure Within the Tavernier Commercial Overlay Qistrict shall be pg-111JUed to receive an allocation Exhibit 3.Proposed Text with Staff Recommended Edits(File 2023-053) 11191 9'NNIDOS 111C SITUCtUre to III ore than 10,000 sqqgE� klet but not to exceed a :� n maximum o 41L900 sg!r9E9 floorarea, (1) Ns)twIthstancfit r,- LDL cn!Ions 139 1(D, U2 and 139 1(U), �; wo2LIJorce housIng, unIts must be p�S�yIded on cute consIsfing Q11 24'yq (2 u iqjIts) yeLy VQ y Income, 24%) unIts) �s2w Income, 20%) (,22 !jLlIts) I!n .fian Income and 20% (,22 )jLlIts) I!S2n1�Late u'ncoale No budding pgrmit shall be Issued for a structure receiving an NROGO Allocation oc transfer that Would expand a nonresidential structure within the Overha-Y to ITIore than 10,000 sqqgEg feet unjess, and until budding pg-Mits, for all 80 workforce liol�tslng qflq� have been issual, vv�2(9.V2 [)n La414S skaH not be ImFeasonab� y w4khekl, GO All fln vy L'S , 'I] units devejop )! within the o0verkly 4j shall be sub'ect to the j ROGO pgrillit allocation ssyggll or transfer of, ROGO of, existing lg yfuljy establisslied pg-nlanent market rate or affordable dwelfing !ifl I t� th,It have less than five yg,ir� reiDgMID9 QD the reggired deed restrictio: n pg]-ssuant to Section 1,'1)8!!!!2 ) 20 )(4)L (h) Ejor to the Issuance of, a Cel-Lificate of, Q(,(,uP,1t)cy for a nonressidential structure that iss III on, than I 0,000 ss%!�9E9 ( ) feet-. ' 80 w in aI. At eas 50vo (42 g� C Ired kfehs $ he I t c -L an d �Ey Certj h cate o F,()(,(,uW I ave Ie-I At least 50�' 4 of4he AH nUji-ed 80 workfolce u ho sin III ust 11, , ceived ,Ipp]-ove d foundatjQil 0) All otli ,E J?E(9YIssjonss of,the Comp]-chenssive Plan., Tavernier Livable Conllllutljkey pjgfl, the'Favernier Creek to Mile Marker 97 US I ljjjj�y9y �''orrjd I , I or )�,Vu,, Jop!21glt standal-Oss and. Guidefiness and the � "Ind Developl!)g!)l( )n�jg apply MI)Igss exp]-C)�)Jy g2Sg!DPjgd herejn� Exhibit 3.Proposed Text with Staff Recommended Edits(File 2023-053) -n {r 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2024 9 10 AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE 11 MONROE COUNTY LAND DEVELOPMENT CODE TO NEWLY 12 CREATE SECTION 130-143 TO CREATE A "TAVERNIER KEY 13 COMMERCIAL OVERLAY DISTRICT"; INCLUDING THE PURPOSE 14 AND INTENT, BOUNDARY, APPLICABILITY, NROGO ALLOCATION 15 STANDARDS, AND MAXIMUM NONRESIDENTIAL AND 16 RESIDENTIAL DEVELOPMENT POTENTIAL; FOR PARCELS 17 LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO, 18 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 19 00089490-000000 AND 00490250-000000, APPROXIMATELY LOCATED 20 AT MILE MARKER 92.5;AS PROPOSED BY CEMEX CONSTRUCTION 21 MATERIALS FLORIDA, LLC, F/K/A SINGLETARY CONCRETE 22 PRODUCTS, INC.; PROVIDING FOR SEVERABILITY; PROVIDING 23 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND 25 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE 26 MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. 27 28 WHEREAS, on or about March 23, 2022, the Monroe County Planning and Environmental 29 Resources Department received an initial application from Singletary Concrete Products Inc. and Cemex 30 Construction Materials LLC ("Applicants") via their retained agent Smith/Hawks P.L. and from The 31 Vestcor Companies Inc. and Blackstone Group - Tavernier 925 LLC ("Developers"), seeking for the 32 Monroe County Board of County Commissioners ("BOCC", "Monroe County", "Board", or the 33 "County") to approve the creation of a Tavernier Key Commercial Overlay District ("Commercial 34 Overlay", "Tavernier Commercial Overlay", or "Commercial Overlay District") by approving the 35 creation of Land Development Code ("LDC") Section 130-143, including the purpose and intent, 36 boundary, applicability, NROGO allocation standards, and maximum nonresidential and residential 37 development potential for two (2) parcels of land located at 92501 Overseas Highway, Key Largo, 38 currently bearing property identification numbers 00089490-000000 and 00490250-000000 ("subject 39 property" or the"property"); and 40 41 WHEREAS, a corresponding land use district map amendment for the property to apply said 42 Commercial Overlay District was submitted' and is currently being reviewed by the Monroe County 43 Planning and Environmental Resources Department("Department"); and 44 45 WHEREAS, the proposed text previously received, reviewed and considered was changed 46 (revised)by the Applicant by resubmittal by the Applicant on or about January 19, 2024; and 'Monroe County Planning and Environmental Resources Department File No.2022-054. 1 of 8 I WHEREAS, an amended and restated text amendment application was received on November 2 20, 2023 (the "amended application" or"application")2; and 3 WHEREAS, the subject property is located within the boundary of the Tavernier Livable 4 CommuniKeys Master Plan, a Master Plan for Tavernier Creek Bridge to Mile Marker 97, (the"Monroe 5 County LCP" or"LCP"); and 6 WHEREAS, the subject property is located within the Tavernier Creek to Mile Marker 97 U.S. 7 Highway 1 Corridor District Overlay("TC")as identified in the adopted Tavernier Creek to Mile Marker 8 97 U.S. Highway 1 Corridor Development Standards and Guidelines ("Monroe County Corridor 9 Development Guidelines" or"Corridor Development Guidelines"); and 10 WHEREAS, the adopted Monroe County Corridor Development Guidelines establish that this 11 property is located in the "Suburban Zone" of the adopted Corridor Development Guidelines; and 12 WHEREAS, the "Suburban Zone" of the established Corridor Development Guidelines is 13 characterized by intermittent occurrences of open space, residential development of diverse densities, 14 and industrial and general commercial uses following a pattern similar to that found in the mainland 15 suburbs; and 16 17 WHEREAS,the vision for this established corridor allows the individual zones to maintain their 18 distinctive characteristics, yet, encourages a unified image of the corridor as a whole, where landscape 19 and the built environment share common elements; and 20 21 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the 22 proposed text amendment at a regularly scheduled meeting held on October 25, 2022; and 23 WHEREAS, on November 14th, 2022, the Chair of the DRC signed Development Review 24 Committee Resolution No. DRC 13-22 recommending that the Monroe County Planning Commission 25 and Monroe County Board of County Commissioners DENY said amendment to the Monroe County 26 Land Development Code to create this Commercial Overlay District by newly creating Land 27 Development Code Section 130-143; and 28 WHEREAS, the Monroe County Planning and Environmental Resources Department's 29 professional staff report prepared for the Monroe County Planning Commission hearing dated April 13, 30 2023, completed by Assistant Director of Planning Cheryl Cioffari, A.LC.P., and Principal Planner 31 Devin Tolpin, A.LC.P., C.F.M., likewise recommends DENIAL of said amendment; and 32 WHEREAS,the Monroe County Planning Commission("Planning Commission")held a public 33 hearing on April 28, 2023, to review and consider said amendment; and 34 WHEREAS, on April 28, 2023, the Monroe County Planning Commission issued Planning 35 Commission Resolution No. P16-23 recommending that the Monroe County Board of County 36 Commissioners DENY said amendment; and 37 2 Monroe County Planning and Environmental Resources Department File No.2022-053. 2of8 I WHEREAS, following the public meeting of the Monroe County Development Review 2 Committee, following the public hearing of the Monroe County Planning Commission, and following 3 the DRC's and the Planning Commission's recommendations that the Monroe County Board of County 4 Commissioners DENY the proposed amendment, the Applicant then submitted a revised proposed text 5 amendment to the Planning and Environmental Resources Department on or about January 19th 2024, 6 for the Board of County Commissioners to consider; and 7 8 WHEREAS, the Monroe County Planning and Environmental Resources Department's 9 professional staff report dated January 23, 2024,prepared for the Monroe County BOCC's special public 10 hearing dated February 15, 2024, completed by Assistant Director of Planning Cheryl Cioffari,A.LC.P., 11 and Planning and Development Review Manager Devin Tolpin, A.LC.P., C.F.M., recommends that the 12 Monroe County BOCC DENY this proposed text amendment to the Monroe County Land Development 13 Code to create this Commercial Overlay District by newly creating Code Section 130-143; and 14 15 WHEREAS, at a duly noticed special public hearing dated February 15, 2024, the Monroe 16 County Board of County Commissioners considered the foregoing and the Department's most recent 17 professional staff report recommending that the Monroe County BOCC DENY this proposed text 18 amendment to the Monroe County Land Development Code to create this Commercial Overlay District 19 by newly creating Code Section 130-143, and provided for public comment and public participation in 20 accordance with the requirements of state and local law; and 21 22 WHEREAS, based upon the documentation submitted and information provided, including but 23 not limited to the documentation and information furnished in the foregoing Monroe County Planning 24 and Environmental Resources Department's professional staff reports, the Monroe County Board of 25 County Commissioners hereby enters the following findings of fact and conclusions of law: 26 27 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 28 County Year 2030 Comprehensive Plan; and 29 2. The proposed amendment is consistent with the Principles for Guiding Development for the 30 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; and 31 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and 32 4. The subject proposed amendmentwill not result in an adverse change in community character 33 to the sub-area which a proposed amendment affects or to any area in accordance with the 34 Tavernier Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and 35 5. The proposed amendment is a necessary adjustment in light of recognition of a need for 36 additional detail or comprehensiveness, incorrect determinations or assumptions or changed 37 conditions as required to approve a change to the text of the Monroe County Land 38 Development Code in accordance with Monroe County Land Development Code Section 39 102-158. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 43 44 Section 1. Recitals and Legislative Intent. The foregoing recitals and determinations, including 45 but not limited this Ordinance's title, are true and correct, and are hereby incorporated as 46 if fully stated herein. 47 3 of 8 I Section 2. The above Monroe County Planning and Environmental Resources Department 2 professional staff reports prepared by Assistant Director of Planning Cheryl Cioffari, 3 A.LC.P., and Planning and Development Review Manager/Principal Planner Devin 4 Tolpin, A.LC.P., C.F.M., are hereby incorporated as if fully stated herein and their 5 analysis and determinations of fact and law to the extent not plainly inconsistent with this 6 Ordinance are hereby accepted and adopted as if fully stated herein. 7 8 Section 3. The text of the Monroe County Land Development Code is hereby amended as follows 9 (changes (additions) are shown below via the below underlined text): 10 11 ***** 12 14 Section 130-143. Tavernier Commercial Overlay District 15 (a) Purpose and Intent. The purpose of the Tavernier Commercial Overlay District is to implement 16 applicable goals, objectives, and policies of the Comprehensive Plan and to allow larger-scale 17 nonresidential development in a scarified area of the Upper Keys that primarily serves the needs 18 of permanent residents of the Upper Keys. The intent is to provide accessible nonresidential uses 20 to permanent residents of the Upper Keys, while maintaining the character of Tavernier. 21 (b) Boundary. The Tavernier Commercial Overlay District shall be shown as an overlay district on 22 the Official Land Use District map. The Tavernier Commercial Overlay District shall be shown 23 as the boundary of the parcels with Monroe County Parcel ID numbers 00490250-000000 and 24 00089490-000000, and depicted in the map below: 25 4of8 .,. OLEANDER era N Prey (Largo Approx.4 MIM 92.5 :. .. �Il ... II I� d 00089490-000000 .... µ ,o 44 �N ° 00490250-000000 3 (c) Applicability. Development within the Tavernier Commercial Overlay District shall be 5 subject to the following standards: 6 1. An amendment to the Official Land Use District Map is required and such overlay shall be 7 shown on the Official Land Use District Map. 8 2. The development of a single nonresidential structure that contains more than 10,000 square 9 feet within the Overlay District shall be subject to the terms and conditions of an approved 10 Development Agreement as defined in sections 110-132, 110-133, and must include: 11 a. Provisions for the development of 86 workforce housing dwelling units, and 12 b. Preferred leasing standards for essential workers of the workforce units, and 13 c. An approved site plan that includes the following in addition to all site requirements in 14 accordance with the Land Development Code: 15 i. A pedestrian walkway connecting the nonresidential parking area to the right of 16 way known as Orange Blossom Road. Required lighting for the pedestrian 17 walkway must be in compliance with Chapter 114, Article VI. 18 ii. If outdoor lighting is proposed, in addition to all requirements of Chapter 114, 19 Article VI, such lighting shall be designed and located such that the maximum 20 illumination measured in footcandles at any exterior property line adjacent to 21 residential uses, not included in this overlay, shall not exceed zero (0) for cutoff 22 and noncutoff lights,with the exception of the pedestrian walkway or any li _ghting 23 required for life safety, as provided by Monroe County. 24 3. All property lines adjacent to U.S. 1 shall provide a Class E Scenic Corridor Buffer. 25 4. All development shall be permitted in accordance with the permitted and conditional use 26 requirements of Chapter 130, Article III, Permitted and Conditional Uses. 5of8 2 5. Industrial uses are not permitted within the Overlay_ 3 (d) Maximum Development Potential. 4 1. There shall be no allocated or maximum net density standard available for residential market- 5 rate or transient dwelling_ units. 6 2. The Tavernier Commercial Overlay District shall be limited to a maximum total development 7 potential of: 8 a. 49,900 square feet of nonresidential floor area, and 9 b. (86) deed restricted workforce housing dwelling units, and 10 c. accessory uses and structures. 11 12 (e) NROGO Allocations. Notwithstanding Section 138-51, the Tavernier Commercial Overlay 13 District shall have the following NROGO allocation standards provided that the criteria set forth 14 in subsections (f), (g) and (h) are satisfied: 15 1. Maximum allocation of nonresidential floor area. The amount of nonresidential floor area 16 to be allocated or transferred to the Tavernier Commercial Overlay District shall be limited 17 to a maximum of 49,900 square feet. 18 2. Maximum floor area per structure. A single nonresidential principal structure within the 19 Tavernier Commercial Overlay District shall be permitted to receive an allocation that 20 expands the structure to more than 10,000 square feet, but not to exceed a maximum of 22 49,900 square feet of nonresidential floor area. 23 (f) Notwithstanding LDC Sections 139-1(f), 139-1(g) and 139-1(h), 86 workforce housing units 24 must be provided on-site consisting of 24% (21 units) very low income, 24% (21 units) low 25 income,26%(22 units)median income and 26%(22 units)moderate income.No building permit 26 shall be issued for a structure receiving an NROGO Allocation or transfer that would expand a 27 nonresidential structure within the Overlay to more than 10,000 square feet unless and until 29 building permits for all 86 workforce housing units have been issued. 30 (g) All new residential units developed within the Overlay shall be subject to the ROGO permit 31 allocation system or transfer of ROGO exemptions of existing lawfully established permanent 32 market rate or affordable dwelling units that have less than five years remaining on the required 34 deed restriction pursuant to Section 138-22(b)(4)b. 35 (h) Prior to the issuance of a Certificate of Occupancy for a nonresidential structure that is more 37 than 10,000 square feet: 38 1. At least 50%(43)of the required 86 workforce housing units must have received a Certificate 39 of Occupancy; and 40 2. All required 86 workforce housing units must have received approved foundation 42 inspections. 43 (i) All other provisions of the Comprehensive Plan, Tavernier Livable Communikeys Plan, the 44 Tavernier Creek to Mile Marker 97 US Highway Corridor Development Standards and 45 Guidelines and the Land Development Code apply unless expressly exempted herein. 46 47 ***** 48 49 50 51 6of8 I Section 4. Interpretation and Construction. On the basis that laws, decisions, and determinations 2 issued and/or approved pursuant to or made in accordance with Florida Statutes Chapter 3 163 and Chapter 380 and the Monroe County Land Development Code and 4 Comprehensive Plan are not in derogation of the common law, the ordinance approved 5 herewith shall not be interpreted or construed by any administrative tribunal or court of 6 competent jurisdiction as in derogation of the common law. 8 Section 5. Non-Reliance by Third-Parties / Non-Reliance by Third-Parties to Enforce Third- 9 Party Claims or Benefits. No third-parry natural or legal person(s) shall be entitled to 10 rely upon or utilize any term or provision of this Ordinance to enforce or to attempt to 11 enforce any third-parry claim(s) or entitlement(s) to or benefit(s) from any provision of 12 this Ordinance. 13 14 Section 6. Severability. If any provision of this Ordinance, or any part or portion thereof, is held to 15 be invalid or unenforceable by any administrative hearing officer or court of competent 16 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 17 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other 18 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other 19 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue 20 unimpaired in full force and effect. 21 22 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are 23 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not 24 repeal the repealing clause of such ordinance or revive any ordinance which has been 25 repealed thereby. 26 27 Section 8. Transmittal. This Ordinance shall be transmitted to the Florida state land planning 29 agency pursuant to Chapters 163 and 380, Florida Statutes. 30 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the Secretary 31 of State of Florida, but shall not become effective until a notice is issued by the Florida 32 state land planning agency ("Florida Commerce") or Administration Commission 33 finding the amendment in compliance with Chapter 163, Florida Statutes, and if 34 35 challenged until such challenge is resolved. 36 Section 10. Effective Date. This Ordinance shall become effective as provided by law and stated 37 above. 38 39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 440 at a special public meeting held on the day of , 2024. 42 Mayor Holly Merrill Raschein 43 Mayor Pro Tem James K. Scholl 44 Commissioner Craig Cates 45 Commissioner Michelle Lincoln 46 Commissioner David Rice 47 48 BOARD OF COUNTY COMMISSIONERS 49 OF MONROE COUNTY, FLORIDA 50 51 By: 52 MAYOR HOLLY MERRILL RASCHEIN 7of8 1 2 3 4 5 6 (SEAL) 7 ATTEST: KEVIN MADOK, CLERK 8 9 By: 10 AS DEPUTY CLERK MONROF COUNTY e Y OI RM m * I" S�.m 'Date: 8of8 ' tr or ree Tal(v,,ern.ier Ma JIjamer- : r � gi : s n n "c � ta tle Februiry 16,2005, fair r ' � r F ' / Mcinw. ," I r Pl .nn"img& Flavilofig enf I Resources Mpartmoit,and. p "' wl a Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% f B„ MASTER ��%i%J%P(ul, e 114„ iir J �,dry I�JIr FOR TAVERNIER QREE TO MILE MARKER 2004.2024 o ; // wr rip all l % l Ir,:--„IrJ(���/ f Illlllllllllll%ll %////// oa0i11 l% if' % Y Prepared b io yf % r P / qp /went of Planning ental Resources with Vlarlew,Conaway, Planning Director and Proj' � David Dacquisto Upper Keyszr for Jeff Stuncard Principal Plan "'% / Maureen Lackey, Senior Planner Robert Will, Senior Planner Heather Cotton, Planner Jason King, Planner Kim Rohrs, GIS Planner 2 Community Vision We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as: An island community committed to preserving its heritage, natural setting and stands of native tropical hardwood hammocks, with improvements to the visual character of the U.S. 1 corridor, limited redevelopment of commer- cial properties, and neighborhoods where residents have access to the water and recreational facilities. 3 Executive Summary The Livable CommuniKeys Program is the local community planning initiative of the Monroe County Planning Commission and the Planning & Environmental Resources Department. The Livable CommuniKeys program is the forum in which community and redevelopment plans that offer a clear direction for each community's future are prepared. This Master Plan has been cre- ated for the planning area of Tavernier Creek Bridge to approximately Mile Marker 97 of unin- corporated Monroe County. Over the last four years, the residents and property owners of the planning area have met with Monroe County Planning Staff to identify the needs and desires of the community for future development and preservation of the planning area. Objective 101.20 of the Monroe County Comprehensive Plan states that "Monroe County shall address local community needs while balancing the needs of all Monroe County communities. These efforts shall focus on the human crafted environment and shall be undertaken through the Livable CommuniKeys Planning Program." The Planning Department, with Policy 101.20.1, was charged with the task of designing a Community Master Plan for the Tavernier Creek to Mile Marker 97 area. The creation of this document involved coordination with local agencies and reports already cre- ated such as the Stormwater Master Plan, Monroe County Seven Year Roadway and Bicycle Path Plan, Monroe County Wastewater Master Plan, Florida Keys Scenic Highway and Over- seas Heritage Trail, 1990 and 2000 U.S. Census Reports and District Six FDOT projects and others. This plan utilizes current conditions for the following areas: Land Use; Transportation, Parks and Recreation, Community Facilities, Environmental Resources; Economic Development and Tourism; Historic, Cultural, and Archeological Resources; and Housing and Community Design and Streetscape for the planning area. With this report, staff will proceed to implement the goals for this particular island community to guide future development and redevelopment including the protection of existing residential and commercial areas. The theme throughout the LCP is one of protection for the natural environment,preservation of the historic elements of Tavernier and guided development and growth in a manner that is com- patible with community goals. The LCP introduced several new concepts and new strategies to implement the goals identified through the plan development process: • Adopt and utilize the tier system to categorize land according to environment sensi- tivity in order to guide protection and acquisition of land by the county. • Evaluate non-conforming land uses to determine appropriate designation and con- tinue to utilize the Land Use District Map and supporting Future Land Use map to evaluate individual properties. • Preserve the natural environment by adopting a tier map system, limiting clearing for new construction to maintain tree cover and increasing the native hammock buffer areas adjacent to US 1. Designate MM 91 to Burton Dr. as a"Community Center" with guidelines and standards including the "Commercial Enhancement Plan"that protect and compliment the town of Tavernier's historic context. 4 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 • Protect the integrity of Tavernier's Historic District by researching and clearly identify- ing the boundaries of the district and by providing guidelines and standards that manage future development and protect historic resources and the natural environment. • Recognize the shortage of housing for employees, maintain and improve the existing stock of affordable housing in combination with the development of new employee hous- ing as part of the development or redevelop of commercial buildings constructed at a vil- lage scale under the design guidelines and standards established for the area. • Plan for new commercial development based on an inventory and analysis of existing commercial uses and future needs assessment. • Recognize the importance to the community and economy of existing marina facilities encouraging redevelopment to meet existing health and environmental standards and protect existing legally established commercial uses located within the shoreline setback by providing an opportunity to rebuild in the existing footprint if destroyed. • Coordinate efforts of the Florida Department of Transportation and the county to pro- mote a safer pedestrian and bicycle environment and to mitigate the affect of U.S.1 traf- fic on residential neighborhoods. • Protect, maintain and acquire public shoreline as part of a county wide parks and recrea- tion master plan that includes a range of passive and active recreational opportunities. • Maintain community involvement in the implementation of the plan by providing pro- gress updates and creating a committee to advise the Planning Commission on project proposals within the identified corridor. 5 Table of Contents Chapter One: Introduction 9 Summary of the LCP Planning Process 27 Format of Master Plan Elements 29 Chapter Two: Land Use and Redevelopment Element Goal One: Directing Growth 32 Chapter Three: Community Character Element Goal Two: Preserve Neighborhood Qualities 37 Goal Three: Maintain Community Character 40 Goal Four: Protect Historic and Cultural Resources 43 Chapter Four: Housing Element Goal Five: Maintain Housing Affordability 49 Chapter Five: Environmental Protection Element Goal Six: Preservation, Management, and Restoration 54 Chapter Six: Economic Development Element Goal Seven: Redevelopment and Infill 59 Goal Eight: Water Dependant Commercial Uses 63 Chapter Seven: Transportation Element Goal Nine: Transportation System 67 Chapter Eight: Parks and Recreation Element Goal Ten: Parks and Recreation 72 Chapter Nine: Community Facilities Element Goal Eleven: Public Facilities 80 Chapter Ten: Community Involvement Element Goal Twelve: Community Involvement 85 Capital Costs Summary 88 Glossary 89 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 List of Figures Figure 1.1 Location/boundary map of the planning area. 11 Figure 1.2 Aerial map indicating hammock areas. 13 Figure 1.3 ADvanced IDentification map of the planning area. 14 Figure 1.4 Historic overlay district with historically significant sites. 16 Figure 1.5 Vacant lands within the planning area. 19 Figure 1.6 Proposed tier system map. 25 Figure 1.7 Flow chart illustrating the master plan process. 30 Figure 2.1 Map of proposed FLUM and zoning changes. 35 Figure 3.1 Historic overlay district and proposed expanded district area. 47 Figure 4.1 Existing residential areas within the planning area. 50 Figure 6.1 Existing commercial uses within the planning area. 62 Figure 8.1 Existing parks and recreation areas. 74 List of Tables Table 1.1 Public and private vacant and developed lands. 18 Table 1.2 Population and housing demographics. 20 Table 1.3 Annual household income for the planning area. 22 Table 1.4 Distribution of vacant lands in the proposed tier system. 24 Table 8.1 Public shoreline access points. 73 Note: The totals on different tables and within the text may not be identical because of the different data sets used to generate them.The primary differences are because of rounding,the inclusion of bay-bottom in the base numbers or changes in the tax rolls.The differences, for the most part, are less than five percent(5%). 7 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Acronyms ADID Advanced Identification of Wetlands ALS Advanced Life Support BOCC Monroe County Board of County Commissioners CARL State of Florida Conservation and Recreational Lands Program DCA Department of Community Affairs EAR Evaluation and Review ESA Endangered Species Act FDCA Florida Department of Community Affairs FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FKAA Florida Keys Aqueduct Authority FKCCS Florida Keys Carrying Capacity Study FKERTF Florida Keys Environmental Restoration Trust Fund FLUM Future Land Use Map FWS United States Fish and Wildlife Service HCC Historic District Commission HPC Historic Preservation Commission IS Improved Subdivision LCP Livable CommuniKeys Program LOS Level of Service MCLA Monroe County Land Authority NGO Non-Governmental Organization NROGO Non-Residential Rate of Growth Ordinance PUV Private Upland Vacant Parcel PVA Population Viability Analysis ROGO Residential Rate of Growth Ordinance SFWMD South Florida Water Management District SMMP Monroe County Storm water Management Master Plan SOR State of Florida Save Our Rivers Program SSMP Monroe County Sanitary Sewer Master Plan TDR Transferable Development Rights TNC The Nature Conservancy THE Transferable ROGO Exemptions Introduction 8 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Introduction The Livable CommuniKeys Program is a community-driven planning effort to address the very specific needs of unique island communities within the Florida Keys. The overall goal is to de- termine the appropriate amount, type and location of additional development within the LCP planning area. The LCP process includes community participation through a variety of methods. This process generates a community vision, assesses the needs of the community with goals and objectives. The objectives are evaluated for feasibility within the current regulatory and physical framework for how well they fit the community vision. A Master Plan contains the specific de- velopment layout for the LCP planning area as well as action items that must be implemented to achieve the development and community vision. The Master Plan is a working document that is continually scrutinized and updated by the community and planning staff. Relationship to Comprehensive Plan The Monroe County Year 2010 Comprehensive Plan was adopted in 1993 and became effective in its entirety in 1997. It contains the guiding goals, objectives and policies for implementation of growth management actions over the 20-year period covering 1990 through 2010. Some of the actions apply equally throughout Monroe County such as the need for adequate solid waste disposal facilities or the allocation of building permits limited by hurricane evacuation clearance times. Other actions, while applying countywide, vary in their importance by locale. Actions such as the need for preservation of historic resources or the planning of recreational facilities take on different meaning in different local communities up and down the Keys. There are also local needs that are not addressed in the Comprehensive Plan at all such as community goals to- wards beautification. The Master Plan does not replace the Comprehensive Plan but focuses on the very specific needs of the local community. It is also a proactive planning tool rather than a strict regulatory docu- ment in that it identifies actions needed to meet the community's needs and goals. The Master Plan is attached as an addendum to the Comprehensive Plan. Some existing Comprehensive Plan policies will not be affected at all by the Master Plan. Other existing policies may be modi- fied for consistency or entirely replaced by the Master Plan. The Livable CommuniKeys Pro- gram and Master Plan development are outlined in the comprehensive plan in Policy 101.20.1 which states: "Monroe County shall develop a series of Community Master Plans. Master Plans will be de- veloped in accordance with the following principles: I. Each Community Master Plan will contain a framework for future development and redevel- opment including the designation of growth boundaries and future acquisition areas for pub- lic spaces and environmental conservation; 2. Each Community Master Plan will include an Implementation Strategy composed of action items, an implementation schedule, and a monitoring mechanism to provide accountability to communities; Introduction 9 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 3. Each Community Master Plan will be consistent with existing Federal and State require- ments and overall goals of the 2010 Comprehensive Plan to ensure legal requirements are met. While consistency with the goals of the 2010 Comprehensive Plan is paramount, the 2010 Plan will be updated and amended where appropriate; 4. Each Community Master Plan will be closely coordinated with other community plans and other jurisdictions to ensure development or redevelopment activities will not adversely im- pact those areas; 5. Each Community Master Plan will include appropriate mechanisms allowing citizens contin- ued oversight and involvement in the implementation of their plans. Through the Commu- nity Master Plans, programs for ongoing public involvement, outreach, and education will be developed; 6. Each Community Master Plan will include a Capital Improvements program to provide cer- tainty that the provision of public facilities will be concurrent with future development; 7. Each Community Master Plan will contain an environmental protection element to maintain existing high levels of environmental protection as required in the 2010 Comprehensive Plan; 8. Each Community Master Plan will include a community character element that will address the protection and enhancement of existing residential areas and the preservation of commu- nity character through site and building guidelines. Design guidelines for public spaces, landscaping, streetscaping, buildings,parking lots, and other areas will be developed through collaborative efforts of citizens, the Planning Department, and design professionals reinforc- ing the character of the local community context; 9. Each Community Master will include an economic development element addressing current and potential diversified economic development strategies including tourism management. The preservation and retention of valued local businesses, existing economies, and the devel- opment of economic alternatives will be encouraged through the process; 10. Each Community Master Plan will contain a Transportation Element addressing transporta- tion needs and possibilities including circulation, safe and convenient access to goods and services, and transportation alternatives that will be consistent with the overall integrity of the transportation system not resulting in negative consequences for other communities; and 11. Each Community Master Plan will be based on knowledge of existing conditions in each community. The Planning Department will compile existing reports, databases, maps, field data, and information from other sources supplemented by community input to document current conditions; and 12. Each Community Master Plan will simplify the planning process providing clarity and cer- tainty for citizens, developers, and local officials by providing a transparent framework for a continuing open dialogue with different participants involved in planning issues." Introduction 10 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 d' Ifn%J,U'l r, Ys togtom 9i �a Tavernier Creek to Mile Marker 97 Tavernier Study Area 96 95 94 93 N A 92 o ub Ml- '.I ro•, Tavernier Study Area P1 ng afid onmenW Gar,+i�'" x Rea 'a T i ment ■ Ilus msp is fw bAmssue Cl.uY Ctowth bAana9—DhaAen piap�es may-'hie date rmNeme dlunm is illy_ ative oni ���✓,:i{, ar�d may rwtacn m,]y depsstbmmdaries,peae h,maas, ���'�Is��^ 0 I6 91 Mles mepmaay:xe D—Nw te<aom Figure 1.1 Locationiboundary map of the planning area. Introduction 11 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Relationship to State Legislation A Comprehensive Plan is required to be adopted by Monroe County under Florida Statute 163 and must be compliant with the required format and minimum content listed in the Florida Ad- ministrative Code (FAC 9J-5). The Master Plan will be adopted as a modification of the exist- ing Comprehensive Plan and the Florida Department of Community Affairs will review the modification for compliance with the applicable statutes and codes. This review will likely be most focused in areas where Master Plan policies replace existing Comprehensive Plan policies and serve as the Evaluation and Review (EAR) for this planning area. Master Plan for Tavernier Creek Bridge to Mile Marker 97 This Master Plan covers the area from the Tavernier Creek Bridge at approximately Mile Marker 91 to Mile Marker 97. The geographic boundaries of the planning area are illustrated in Figure 1.1. Offshore Islands The Florida Keys archipelago from Tavernier Creek to MM 97consists of Key Largo and addi- tional scattered islands including Tavernier Key and Pigeon Key with other offshore islands such as Butternut Key, Dove Key and Rodriquez Key in the vicinity. While not specifically part of the Tavernier Creek to MM 97 Livable CommuniKeys Master Plan, offshore islands are a vital facet of the Florida Keys natural environment. In recognition of the important part they play, off shore islands are afforded special protection under Policy 102.7.2 and Policy 102.7.3 of the 2010 Master Plan which limits development potential on off- shore islands. The Monroe County Land Development Regulations further limit development on offshore islands affording them another level of protection through Sections 9.5-122.3 Evaluation criteria, 9.5-262 Maximum residential density and district open space and 9.5.347 Open space requirements amongst other provisions. Island Geology This island community extending from Tavernier Creek Bridge to approximately Mile Marker 97 is comprised of Key Largo Limestone, formed from ancient reefs, which are extremely po- rous. The geological processes that formed the reefs and the Florida Keys as we know them to- day began in the Pleistocene Period. During this era, melting glaciers raised sea level to where water covered much of the Florida peninsula and all of the area that is now the Keys. The warm temperatures and shallow waters that covered this area were ideal for coral growth. Scientists have discovered that the Keys developed into a nearly continuous coral reef tract from the area that is now Miami to the Dry Tortugas. Core samples show massive hard corals and point to a larger, denser coral reef system than the living reef that now lies off our shores. When the last Ice Age struck, about 28,000 years ago, sea levels dropped drastically, and the Keys, as well as the Florida Bay, were transformed into swamp, then dry land. Then, about 11,000 years ago, water levels moderated to approximately current levels, leaving the Keys exposed and fill- ing Florida Bay. Introduction 12 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Tavernier Creek to Mile Marker 97 ADID HIarn1' ock w� i G,/ 1fIL Hammock it Nt it Monroe County N 4 my pCaaas�au� a� a`u�aa'�aaaaaua�rxtal resources aepprtment �'��n]'.:,,;:,.,- anlr Ll�rtMrv.,nr, dd:x'mu r,rll�v4.r:•••a�IM ann-0rr�rc4 r uclF I pn r.4:,r��4u' 9.0 rA �bn�if, fF 'I rGhr d iap+r,. A vf'nnnwe� I'....dwxv,n & J�v+T' 44 [14Y,Y''w] Pvr:(ilY,� NI ttA!t Figure 1.2 Aerial map indicating hammock areas. Introduction 13 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Tavernier Creek to Mime Marker 97 ARID Habitat 9Ou?' a � Habitat �i water , I„ Mangrove 'Semb m+a.crgrove IP��dU,ilallil�J Saltmarsh Bu4tcnrnva✓vcud Hammock '� D Piinelands V �i Exotics IUIIVIVIVIVIVIVIVIVIV Developed IFiresliwatcr(hardwood Vllll[IIIIIII full Fre hwater pm (Freshwater marsh Gra.ssllarads AN, U RidgeMammackr. DuM w nll�fl� II� 't� rllMi�ror � u;, iatllni �F r io mr � I �� mtalo!�imu ,amo� n i lion oa @iTirn'aar aaaanty Planning mental R�saar��mr�I�hg�a�rdv�exst ultra rr,at rc P/A.ri. L� nvtlh 4,w uq ip y;h.o a; hn�m±z Yv +;rr;i t,�,u, f.m twr N"-'Mr,'. :, Figure 1.3 ADvanced IDentification map of the planning area. Introduction 14 Near Shore Waters The shallow waters near the shore are composed of a series of interconnecting and interdepend- ent natural habitats. These include fringing saltmarsh/buttonwood or transitional, fringing man- groves and sea-grass, meadows as well as hard-bottom regions, patch reefs and bank reefs. The areas' ecosystem, as well as other areas throughout the Florida Keys, supports a diverse assem- blage of species, including those which are commercially and recreationally important, unique to the area or spatially limited due to habitat constraints. Hammock Types Tropical Hardwood Hammocks can be very dense and support many types of Keys' wildlife. Tropical Hardwood Hammock is found only in the Keys and some parts of Miami-Dade County, the more diverse hammocks are primarily located in the Keys. The Tavernier Creek to Mile Marker 97 planning area has vacant as well as developed lands with Tropical Hardwood Ham- mock. These hammocks are either low elevation (below five feet mean sea level) or high eleva- tion (above five feet mean sea level). The elevation of land, with the associated salinity of the soil, creates two different types of forests. Those hammocks with lower elevations and saltier soils typically have smaller trees, while higher elevation forests typically can get larger trees and a wider variety of plant species. Large areas of hammock, some vacant and some developed residentially, are located within the Harris Ocean Park Estates and Palma Sola Subdivisions, near U.S. 1 at Mile Marker 92 Ocean- side, Mile Marker 94 ocean and bayside, within Lime Grove Estates both ocean and bayside and at the northern end of the planning area, in Key Largo Narrows. ADID Wetlands Classifications ADvanced IDentification of Wetlands (ADID) studies were performed within the planning area. Larger wetlands are mapped within the following platted subdivisions in the area: Largo Beach, Ocean Park Village, Palma Sola, and unfilled platted lots within Hammer Point. There are also wetlands identified within Lime Grove Estates, and large wetland tracts adjacent to Hammer Point and Sunset Acres, as well as Oceanside north of Burton Drive at Mile Marker 93. Other individual wetland lots are scattered throughout the planning area. Figure 1.3 illustrates the habitat within the planning area. Endangered Species The Monroe County Endangered Species Animal Maps identify five separate areas of federally designated endangered species habitat within the planning area. These are the Palma Sola subdi- vision, the isolated hammock north of Harry Harris Park, the hammocks on both ocean and bay side at Mile Marker 94, bay side at approximately Mile Marker 94.3-95, and both ocean and bay side at Key Largo Narrows at the northern end of the planning area. All of these marked habitat areas indicate that the White Crowned Pigeon is known within the area, and the other five poten- tial species are the Indigo Snake, the Key Largo Woodrat, the Key Largo Cottonmouse, the Mi- ami Black Head Snake and the Schaus' Swallowtail Butterfly. Introduction 15 ,............. ...._... ... w„ ry� IIry �Po �y {p,� III y �� &M,III P P �W w8' A q.'W w�' V�I Tsee VV ;dim r roe �.r k to �°��8 � rker~ 7' �� '�,� a wr U� , , � .. Historically Significant Sites700 � x f 5, rIlk r ""m A, N ��d� e r ww w 4 Historic District EI Si tes "A', � � -------------------------------- of ° gym r r f �u7 'hum"*MIA M"'.. p&m,YA,. 9umw�,wium � 'M�'uw glVw!hw mvWuuArdmpp' yp�,®d'�wwu'MddtwX.CFuw ryina,h1 LL11 flN5Vw1 �u!ll L.cwvr W¢.+.3�bMY hu�'str 6 Jb'J'ip'�Am„ I .. ...�"'.,., .«V k�m.utl"rmM`b',ux�Emm'+L:d"MI�,u'rsr ulE mreuumYYvirvt, ireiwu9 . mmmmmmmmmmW�%NWPMWPoW�%NWPMWPoW�%NWPMWPo.... Figure 1.4 Historic overlay district with historically significant sites. Introduction 16 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Historical and Cultural Context The history of this Tavernier Creek to MM 97 planning area is the culture that created the island community. Limes, tomatoes, pineapples and tropical fruits qualified Tavernier as a farming community in the early 1900's. Hurricane destruction and the advent of Flagler's Railroad re- sulted in the demise of the farming industry with a corresponding change to a commercial fish- ing trade in the historical area. As a result of continued efforts, by local organizations and residents, to maintain the historical resources within Tavernier much of the community remains contextually intact. A historic over- lay designation, known as "Historic Tavernier", was established in the planning area with adop- tion of the 2010 Comprehensive Plan. It is one of the most unique and well-preserved historic communities in unincorporated Monroe County. The community includes a mixture of historic structures located on the ocean side between Coconut Row to the south and just beyond mile marker 92 to the north. Several historical structures within the community are located along U.S. I (Overseas Highway) and are currently occupied by commercial uses. A majority of the historic structures are residential homes nestled in the neighborhood that extends behind the commercial area. The purpose of the historic overlay designation was to protect Tavernier's his- toric resources in accordance with Objective 104 of the Comprehensive Plan. Prior to the desig- nation, the historical homes and businesses located within the area were lost or in danger of be- ing compromised as a result of increased pressure from new development. It is evident that cur- rent development in the outer fringes of the historic community does not fit within the context of the community character. The planning area also consists of an assortment of archaeological and cultural resources. To the south of Tavernier Historic District and on the ocean side is a large parcel of land between Ocean Boulevard and Tavernier Creek Bridge, which is known as Tavernier Creek Hammocks. The Land Authority recently donated the parcel of land to the State of Florida with the intent that it be preserved as a conservation area. Aside from its more apparent environmental quali- ties, the land holds rich historical, cultural, and possible archaeological resources. The Tavern- ier Creek Hammocks has indisputable ties to the history of the Upper Keys. According to a local report, the area around Tavernier, like that of much of the Upper Keys, was a thriving commu- nity of farmsteads focused on the production of pineapples, tomatoes, and other vegetables which were exported to the mainland. Tavernier was a sparsely populated area with large tracts of land being utilized for cultivation. The Tavernier Creek Hammocks was once one of these thriving farmsteads, which extended behind what is today the Tavernier Town Plaza. After a series of irreparable events in the early 1900's, attention turned towards commercial fishing as a source of income. Tavernier Creek became an essential route between the Atlantic Ocean and the Florida Bay, and a central location to establish business and residence. Tavernier steadily became a thriving multifaceted community that offered an abundance of services and opportuni- ties. In addition to the farm on the Tavernier Creek Hammock parcel, the site includes a cistern of unknown origin, and the location of an old ball field. The ball field was a popular area for com- munity activity. It was located on the southern end of the property until being relocated adjacent to the Old Tavernier School between 1930 and 1940. The Tavernier Creek Hammocks is sig- Introduction 17 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 nificant to local heritage and is an attractive location for sustainable improvement in a manner which can enhance social value, spark economic opportunity,provide an educational and recrea- tional resource for residents at a minimal cost while protecting and preserving the integrity of the existing environment. The primary method of protecting resources in the planning area has been through the establish- ment of a historic overlay, land acquisition, and the designation of historic places and sites. Ac- cording to a report produced by GAI consultants, fifty-three (53) historical sites have been iden- tified as significant and eligible for the National Register of Historic Places. Land Use The planning area contains most of the uses that are needed to support a small thriving commu- nity. The residential community is primarily single family and mobile homes, although there are a couple of condominium complexes. Commercial uses are primarily located on U.S. 1 with the largest concentration in the MM 91 to MM 93.5 area. Services and light industrial uses (boat repair, garages, construction companies, etc.) are concentrated bayside in this same general area, although, a mix of uses can be found throughout the U.S. 1 corridor. Water dependent uses such as marinas and boat rentals and water economically enhanced activities such as restaurants and hotels are located on the Florida Bay and Atlantic Ocean. Table 1.1 Public and private vacant and developed lands Parcels Acres Parcels Acres Percent of Teital- a���a Private Developed 2,912 623 35.8 Public 442 822 47.2 ti3 Private Vacant 1,210 295 17.0 10°6 / Total 4,564 1,740 100.0 ❑Private Developed ®Public ❑Private Vacant Source:Monroe County Planning Department The Tavernier Creek to MM 97 planning area consists of 1,740 acres divided into 4,564 separate parcels and lots. Six hundred and twenty three acres are developed, leaving 1,117 acres vacant. The majority of this acreage is in public ownership: 822 acres. The remaining vacant 295 acres are in private ownership. In order to determine the potential for future development in the planning area a vacant land analysis was undertaken using the County Geographical Information System (GIS) and the data from the property appraisers files. The majority of vacant lands in the Tavernier Creek to MM 97 planning area are publicly owned; 822 acres. There is a total of 295 vacant acres in private ownership divided into approximately 1,210 parcels, 660 of which are lots zoned for single fam- ily or mobile home construction. Nearly one hundred and seventy(170) of these lots and most of the parcels are in the designated Natural and Conservation area and are slated for acquisition. Part of the four hundred and ninety (490) lots remaining in the planning area may be inappropri- ate for development because of fragmented hammock areas or wetlands. Many of the non-residential properties, which appear as undeveloped in the property appraisers data base are currently being used as storage lots or parking for existing businesses. Of the 110 vacant commercial parcels (20 acres) there are only 40 truly available parcels and five of these are in the Natural Resources and Conservation Area. However, a number of the existing sites are under utilized and are ripe for redevelopment. Introduction 18 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Tavernier Creek to MHe Marker 97' Exisiting Government Owned and Private Vacant Land 1, Vacant Land Public Ownership Resudentual Vacant Mate of Flcruda commerucad Vacant monroe county Institutional Vacant L®®� Village of Islarmoratda 4 r y Federal "k_ .� .',�liI�"d"r f �r�1 top " .. lka x .y � t 0 � w �a1 iY1p� N 1 iti±b6nroe County Pl a nnind;iincd, `hv,oninental 12csraaaa�re�s T�,�^ �rtnxrmaaC ab", -�,1A. q�nxrryna �} 'C7v�iYa+l w r�+d Rrm. fl tx+,hune nl,�m fi C�Y-'R',C 7 flq b ..wt4w, ,b7 i w.��v;. �Jrn R ,..,G Ply G A. Figure 1.5 Vacant lands within the planning area Introduction 19 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Demographics The demographic information included in this Master Plan was taken from the 1990 and 2000 Census. The data indicate that the permanent population of the planning area has declined more than ten percent (10%) from a population in 1990 of 4,301 to a population of 3,852. The de- crease in population occurred while housing units counted in the Census increased by 235 units, a 7.3% increase. The shift in housing in the planning area is towards more seasonal occupancy (seasonal includes all types of second vacation home uses). In 1990, 998 units or 31% of the planning areas 3,206 housing units were only used on a seasonal basis. In 2000 1,455 units, 42% of the total housing units, were for seasonal use, an increase of 457 seasonal units. The Census Bureau statistics identified a decrease in the total number of rental units in the plan- ning area in the ten years between 1990 and 2000, from 681 rental units (606 rented, 75 for rent) to 560 rental units (520 rented, 40 for rent) in 2000, a decrease of 121 rental units. This decrease in actual numbers of rental units, even with an increase in the number of total housing units re- flects an increase in seasonal/weekend owners. Single family residential homes account for 42% of the residences in the planning area. The remainder of the residential units is multi-family dwellings (4%), condominiums (24%) or mobile homes (30%). The decrease in permanent households and rental units in this planning area of primarily small houses and mobile homes illustrates the problem with the loss of affordable employee housing county-wide. The planning area's permanent population of 3,852 residents is split evenly between males and females. The numbers of individuals living permanently in the area have decreased for all age groups, with the largest decrease in the 21 to 54 year old age groups (15%). The over 55 age group and the under 20 have decreased by 7.6% and 4.15%respectively. Table 1.2 Population and housing demo ra hics Census Blocks 97p6 12 and9707 Coup 1990 2000 Change rn Change 1990 2000 Percent e Persons 4,301 3,852 -10.4 78,024 79,589 2.0 Male 2,219 1,948 -12.2 40,976 42,327 3.2 Female 2,082 1,904 -8.5 37,0481 37,262 0.6 0-20 780 748 -4.1 15,786 15,464 -2.1 21-54 2,055 1,749 -14.9 40,601 42,591 4.7 55-85 1,466 1,355 -7.6 21,637 21,534 -0.5 Households 1,971 1,755 -11.0 33,583 35,086 4.3 House units 3,206 3,441 7.3 46,2151 51,617 10.5 Persons per occupied housing unit 2.03 2.19 7.9 2.24 2.23 -0.4 Occupied houses 1,971 1,755 -11.0 33,583 35,086 4.3 Renter occupied 606 520 -14.2 12,729 13,186 3.5 Vacant houses 1,235 1,686 36.5 12,632 16,531 23.6 For rent 75 40 -46.7 2,0101 1,663 -20.9 For sale 71 67 -5.6 943 759 -24.2 Not occupied 34 30 -11.8 560 304 -84.2 Seasonall 998 1,455 45.8 7,928 12,628 37.2 Otherl 57 931 63.2 1,191 1,177 -1.2 Source:U.S.Census 1990 and 2000 Introduction 20 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Population Projections The permanent population in the planning area is 3,852 residents living in 1,755 households. Fu- ture population projections are made for a locality to provide government with the amount and timing of growth for which services and facilities will be needed in the future. Making popula- tion projections for the County is difficult. Normally to project future populations the availabil- ity of land designated for development is considered along with the rate of development of new homes, the numbers of households, which will result from development and the persons per household. In a planning area such as this, where the permanent population decreased by 10% while housing units increased by 7%,projecting future populations becomes very difficult. ROGO is the system whereby residential permits are issued in Monroe County. Since 1992 when ROGO was started approximately 70 permits have been issued in the planning area. With more than six hundred lots in the planning area appropriately zoned for development of single family homes and land zoned for commercial uses which can be developed for employee hous- ing there is available land for residential development. The current County and State emphasis on providing housing for the local workforce indicates that there will probably be an increase in allocations for affordable housing. For this projection it is determined that new development over the next twenty years will either continue at the same rate of the last ten years or increase by a maximum of 50% over the next 20 years. Therefore, between 140 and 210 new housing units will be constructed in the Tavernier Creek to MM 97 planning area by the year 2024. The percentage of permanent housing units of the total will most likely continue at the current percentage (51% permanent households) or decrease over the next 20 years. Using 51% for the calculation results in a projection of 70 to110 new housing units constructed in the planning area will be for permanent residents. This will increase the permanent population by between 155 and 234 persons if the household size continues to be 2.19 persons per household. The total perma- nent population will increase to between 4,010 and 4,085 persons. If the percentage of seasonal to permanent units continues to increase at the rate experienced between 1990 and 2000 the number of permanent households will be reduced by 10% and the permanent population will decrease. With the opportunities for providing employee/affordable-housing units in the plan- ning area the potential for maintaining a larger percentage of the additional units as permanent housing has increased. The County is required by Florida Statutes to plan for and provide adequate public facilities and services to the "functional population", which is a combination of the permanent, seasonal, and transient populations. By the year 2024, the new housing units constructed in the planning area will require service for an increase in the functional population of between 310 and 460 persons. Introduction 21 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Income The 2000 Census income statistics for the planning area report that nearly half of the households earn less than $40,000 annually and 63% earn less than $50,000. While 3% earn more than $150,000 annually. In 1990, 75% of the permanent residents earned less than $50,000 annually. The largest decrease in numbers of households was in the below $20,000 annual income level, which decreased by 39%. It is impossible to tell from the statistics if this decrease in the lowest income levels is because of improving salaries and total income or if it reflects the change in the population to more seasonal and less rental units. Based on the 2000 U.S. Census figures, the median income for this planning area's residents is $42,830, which is comparable to the County median income of$42,283. Table 1.3 Annual Household income for the planning area Census Tract 9706(1,2,3)a&9707 wnroe County 1900 2000 1990 2000 ' Total Households 1,971 1,755 33,583 35,086 Median Household Income(S) 30,231 42,830 29,351 42,283 H usehold lncome Less than$20,000 585 355 10,642 7,254 $20,000-$39,999 686 539 11,648 9,057 $40,000-$49,999 212 209 3,406 3,870 $50,000-$74,999 258 292 4,435 6,974 $75,000-$99,999 117 166 1,341 3,632 S100,000-S150,000 64 124 1,109 2,411 More than$150,000 48 70 1,030 1,908 1. Actual total household figures for the planning area are estimates calculated with population demograhic data. Source:U.S.Census 1990 and 2000 Land Acquisition For many years, the concurrent need for natural resource protection and relief to regulated land- owners has been a recognized problem throughout the Keys. Agencies who are participants and have been intermediaries in the acquisition of some of the sites within the Florida Keys Ecosys- tem project are The Nature Conservancy, Monroe County Land Authority (MCLA), State of Florida, United States Fish and Wildlife Service, and South Florida Water Management District. In the early 1990s a priority acquisition plan that focused on remaining habitat and preservation of wildlife movement corridors was developed. All of these agencies can conduct acquisition activities essentially anywhere within the administrative boundaries that encompass the entire planning area. Their focus in the past has been on natural lands, usually on acreage parcels, that have higher wildlife habitat value. Acquisition of land through the Florida Keys Ecosystem project includes most of the remaining unprotected Rockland hammocks (tropical hardwood hammocks) in the Keys. It is important habitat to many rare plants and animals and consists of 17 sites in the Upper and Middle Keys encompassing the remaining fragments of unprotected tropical hardwood hammock greater than 12.5 acres. The project includes habitat for migratory birds, the state-threatened white-crowned pigeon and 34 species of rare vascular plants and 34 rare animals. All the project sites are threat- Introduction 22 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 ened by intense development in the Keys. Within the Tavernier Creek Bridge to Mile Marker 97 planning area, there are three areas which are part of this project: Dove Creek (498 acres, several large ownership's, remaining subdivided- 187 acres acquired through MCLA), Tavernier Creek (83 acres, one major ownership), and Key Largo Narrows (one major ownership-acquired through MCLA). Additional parcels in public ownership include: the former Ragen Tract (Tavern Towne Ham- mock); lands near the former Cooke Barrow Pit, Oceanside at Mile Marker 92; the former Unger tracts located ocean side at Mile Marker 94 and bayside at Mile Marker 94.5; the former Richardson tract bayside in Lime Grove Estates at Mile Marker 96; and the former DeCarion/ Roberts Tract, also known as Curry Cove, at the Key Largo Narrows, Mile Marker 97 Ocean- side. In addition to public agency purchase of private property, purchases of private lots have been made by ROGO applicants to garner additional "points" towards an allocation under the county's dwelling unit allocation system. These properties have been deeded to Monroe County. Publicly owned lands account for 840 acres, nearly 50% of the vacant land in the planning area, and 440 of the 4,565 vacant parcels. Comprehensive Plan Goal 105 This Comprehensive Plan amendment was designed to refocus land acquisition efforts, conserve natural resources and direct future development to infill areas in coordination with the Livable CommuniKeys Program. The proposed Tier System consists of a set of over-lay maps and regu- lations directing growth to infill existing subdivisions and commercial areas and identifying those areas, which should be acquired for conservation and density reduction. The System has a major role in the implementation of this Master Plan and the FKCCS. The mapping of the land outside of mainland Monroe County into one of three tiers provides a focus for acquisition and guidance to the public of areas most appropriate for development. Natural Resource and Conservation Areas (Tier 1) are designated to conserve and protect signifi- cant environmental habitat and provide for restoration and connection of fragmented habitat patches. Development is severely restricted and the vacant lands are included in County, State and Federal acquisition and conservation boundaries. Introduction 23 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Transition Areas (Tier 11) are designated to offer an alternative to developing fragmented habitat areas and to help reduce low-density sprawl. Subdivisions in this area are less than fifty percent (50%) built out. These areas are often appropriate for future development but because of the low density are also appropriate for a County density reduction program. This is a cooperative pro- gram between existing residents of the area and the County to acquire lots and either sell them back to the neighbors or maintain them as open space. New development is discouraged, but al- lowed with restrictions in the amount of permitted clearing. The current acquisition program is expanded to include vacant platted subdivision lots in this Tier. Infill Area (Tier 111) is designated for redevelopment and infill of new development. Develop- ment is encouraged in these subdivisions that are more than fifty percent (50%) built. Full infra- structure is present or in future plans. Community Centers may be designated and become eligi- ble as receiver sites for Transfer of Development Right (TDR) and corresponding higher den- sity. The Tier system has been used as a tool in developing this Master Plan to estimate the develop- ment potential and amount of land acquisition required in the planning area. The map (Figure 1.6) and table (Table 1.4)present the distribution of parcels under the working draft Tier System in the Tavernier Creek to MM 97 planning area. The actual Tier Maps will be adopted as a zon- ing overlay after additional refinement. Table 1.4 Distribution of vacant lands in the proposed Tier system Tier I Tier It Tier M 1S/URM I MIRMI IS/URM' Parcels Lots Parcels Lots Pareels Lots Private Vacant Residential 500 170 280 245 275 245 Private Vacant Commerciale 6 8 100 Public Land 1 6 30 1. 72 of these lots are being used forparking and storage SoLyce:Monroe County Planning Department 24 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 �i <n"n YI'i �U u pry r° a„_ �u� � to M 0 8.e Tie r Ma p I Tier Designation I r l��G.711 r� We ridtlooka�p _..r._..r._..r._..r._..r._..r._..r._..r._..r._ — f�1 yr , q r � Figure 1.6 Proposed Tier system map. Introduction 25 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Development Context and Constraints Listed below for reference purposes are the primary existing development constraints from Tav- ernier Creek Bridge to Mile Marker 97. All of these constraints apply countywide but their par- ticular application to this planning area is discussed below. ROGO: As of the date of this report, the residential rate of growth ordinance (ROGO) allocates 42 total units (market rate plus affordable) annually to the Upper Keys. Permits for the planning area will continue to be limited and allocated with the rest of the Upper Keys under ROGO. Since the inception of the Rate of Growth Ordinance (ROGO) in 1992, sixty-three permits for new homes, including five affordable houses, have been issued and constructed in the planning area. Three applicants aggregated lots to receive extra points in the ROGO system decreasing the overall potential density. There are currently 17 ROGO applications awaiting allocation awards. Two of the 17 applications have received points for lot aggregation, further reducing the potential units. Approximately 25% to 30% of the remaining vacant lots are environmentally sensitive and will receive negative environmental points in ROGO and have therefore been avoided by potential ROGO applicants. NROGO: "NROGO" is the acronym for "Non-residential Rate of Growth Ordinance" under which the construction of new or expanded commercial uses is regulated. The amount of new and expanded commercial space permitted is tied to the level of residential development permit- ted, which is 239 square feet of commercial space per residential unit allocated. NROGO does not allocate commercial space by Keys sub-area but does so Keys-wide on a semi-annual basis. To date, there have been no NROGO applications for any projects between Tavernier Creek Bridge and Mile Marker 97. Florida Keys Carrying; Capacity Study (FKCCS): Implementation of the FKCCS is required in the work program in the 2010 Comprehensive Plan. The FKCCS is being used to modify the ROGO and NROGO and this may affect the number and location of residential permits that can be issued in the future county wide. Summary of the LCP Planning Process 26 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Summary of the LCP Planning Process Community Vision We envision the Tavernier Creek Bridge to MM 97 Planning Area as: An island community committed to preserving its heritage, natural setting and stands of native tropical hardwood hammocks, with improvements to the visual character of the U.S. 1 corridor, limited redevelopment of com- mercial properties, and neighborhoods where residents have access to the water and recreational facilities. The community vision was written taking into consideration the responses received from the community at workshops, in the survey of the residents and landowners, and in the U.S. 1 busi- ness survey between MM 91 and MM 93.5. LCP Citizen Participation Process Three major public workshops and meetings held on March 1, 2001, September 20, 2001, and March 26, 2002 facilitated the LCP planning effort providing an opportunity for direct participa- tion of the community with planning staff and each other. In addition surveys were used to try and gain a broader understanding of the concerns and desires of the members of the community who did not attend the meetings. The survey was included in the second of three newsletters that were mailed to all residents, property owners and interested parties. An additional survey was sent to businesses in the area to gain a better understanding of the issues of importance to the commercial segment of the population. From this outreach, the key community issues were iden- tified and a community vision formulated. Community Issues As a result of the many forms of feedback from residents, evaluation of the planning area and analysis of the existing conditions, several issues were identified by the Community: 1. Maintain the existing small town community "island" character of the area. 2. Preserve the remaining significant natural lands. 3. Recognize the uniqueness of and preserve the Tavernier Historic District. 4. Limit additional new commercial development while providing opportunities to redevelop existing commercial structures. 5. Increase opportunities for local community involvement in planning issues. 6. Improve and expand existing water access and provide additional shoreline access for the residents. 7. Protect the existing water-related/dependent uses such as restaurants, marinas, and commer- cial fishing and permit rebuilding if destroyed in the footprint. Summary of the LCP Planning Process 27 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Planning Issues and Objectives From the start of the planning process and throughout the development of the Existing Condi- tions Report and this Master Plan a number of planning issues and objectives have been identi- fied and considered in the development of this plan. Following in no specific order of impor- tance: • Reduce impacts on safety and traffic movement from the highway and unlimited access development patterns. • Provide opportunities for affordable/employee housing for the residents of the commu- nity. • Reduce land use conflicts from non-conformities. • Provide for flexible building setback and parking standards within the U.S. 1 corridor to reflect the historic development patterns. • Explore alternative parking solutions for conforming and non-conforming commercial uses. • Identify and protect existing water dependent uses, both environmental and economic, recognizing that the waters of the Keys are why people want to be here. • Maintain and increase opportunities for water access for the community. • Find ways to reduce the impact on the residential community from the large numbers of tourists that travel through the area on U.S. 1. • Increase the land acquisition program to preserve the remaining high quality hammocks and wetlands in the planning area. • Work with the neighborhoods in a cooperative effort to purchase hammock areas that create their"sense of place". • Preserve the character of historic Tavernier, including the setting and context. Because many of the planning concerns involved issues specific to the U.S. 1 corridor area, the Planning Department contracted for a Corridor Enhancement Plan which was funded by FDOT. Two public workshops were held specifically to address aesthetic and planning issues within the corridor area from Tavernier Creek to approximately MM 94.5. The first workshop was held on October 23, 2003 with a follow up design and planning workshop on December 4, 2003. Many of the ideas and recommendations which resulted from these workshops and the Tavernier Corridor Enhancement Plan are integrated into the LCP master Plan. The Livable CommuniKeys Program (LCP) is a community-driven planning effort aimed at de- termining the amount, type and location of additional development appropriate for the planning area and is directly tied to the Monroe County Year 2010 Comprehensive Plan through adoption by the Board of County Commissioners. The need and budget for community facilities and ser- vices are identified to serve the existing community and any growth that may occur. The Mon- roe County Department of Planning and Environmental Resources have provided the profes- sional guidance and expertise in drafting the plan. Format of Master Plan Elements 28 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Format of Master Plan Elements There are thirteen elements in this Master Plan. Each one focuses on an issue of heightened im- portance to the Tavernier Creek Bridge to Mile Marker 97 Planning Area. The format for these elements is different from the comprehensive plan because this Master Plan is a culmination of the LCP process, not a starting point. Therefore, the community and planning staff have already reviewed and analyzed much of the available data about the island and they have been through a planning process whereby "problems" (questions, issues and uncertainties) have been identified and needs have been verbalized. The Master Plan provides the tools for problem solving by fulfilling three basic tasks: ■ Statement of the goals of the LCP process as it applies to the planning area. ■ Redefined analysis of specific community and planning needs to fulfill the goals. ■ Identification of strategies and action to meet the needs. Goals Each element states a specific planning goal designed around the major topics to be addressed through the LCP process such as growth and redevelopment, economic viability, environmental protection, and community character. Current Conditions Summary Information specific to the planning area is available in the Existing Conditions Report. Some information was also provided during the LCP process in newsletters and workshops. Demo- graphics, inventories of community facilities, and land ownership patterns are examples of infor- mation presented in this section. Analysis of Community Needs The problem, issue or shortfall in the community or environment and the opportunities are stated here. These have been identified either by the community or by the planning staff. The commu- nity includes the affected public, stakeholders, and elected officials and they have identified needs to the planning staff in a variety of ways: workshop participation, mail surveys, meetings, phone calls, and letters. The planning staff identified additional needs either through planning analysis of existing information, professional judgment based on observations of data or condi- tions, or coordination with facility or service providers. Strategies and Action Items As part of the Master Planning process the planning staff has identified and evaluated possible strategies for meeting each need. The possible strategies were also evaluated relative to one an- other to identify conflicts and to identify opportunities for one strategy to fulfill multiple needs. In this way a final set of strategies was completed. Action items were then developed towards implementation of each strategy. Format of Master Plan Elements 29 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 The plan is therefore written in the form of goals, strategies and action items rather than goals, objectives and policies as in the Comprehensive Plan. Where strategies and action items replace current comprehensive plan policies, this is noted and action items for deleting or modifying those policies are included in the applicable element. It is very important to note that this plan will be an addendum to the Monroe County Year 2010 Comprehensive Plan and the Compre- hensive Plan remains in full effect in the Tavernier Creek to MM 97 planning area. The plan format is illustrated in the flow chart in Figure 1.7. The flow chart starts with an indi- vidual need identified in the plan. A comprehensive strategy for meeting the need is formulated based on the information in hand. If the information in hand is sufficient to implement the strat- egy the action items for implementation can be written directly into the Master Plan. If not, an action item can be written to procure new information or further analyze existing information. Note that new information not only feeds back into implementation but may reveal new strate- gies, may redefine the need or may even reveal new needs. To be a meaningful and current im- plementation tool over the entire twenty-year planning horizon, the Master Plan must include this iterative process of problem solving that monitors success and identifies changing condi- tions and new issues. It must also allow for timely response and tracking of progress towards problem solving. Identified C om m unity N eed New Information Identified Strategy May Change 5; Need or Strategy ENOUGH INFORMATION IN HAND FOR IMPLEMENTATION? YES NO W rite Action Item s to Obtain Information New N e e d Identified Write Action Items for Im plem entation ;��] 5_; M onitor and Update Figure 1.7 Flow chart illustrating Master Plan process. 30 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% LAND USE AND REDEVELOPMENT ELEMENT /ii it l J J Illlllllllllll%ll rWho$/// Land Use and Redevelopment Element 31 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL ONE DIRECT FUTURE GROWTH TO LANDS THAT ARE MOST SUITABLE FOR DEVELOPMENT, PREVENT SPRAWL INTO LESS DEVELOPED AREAS AND ENCO URA GE PRESERVATION OF ENVIRONMEN- TALLY SENSITIVE LANDS. Current Conditions Summary The community of Tavernier Creek to MM 97 is an older developed community. The majority of the areas appropriate for development have been developed. Therefore it is understandable that approximately 45% of the vacant privately owned parcels in this planning area are in the designated Natural Resource and Conservation Area (Tier I). The area contains several larger parcels and totals 150 vacant acres; 50% of the remaining vacant privately owned acres. The 490 IS/URM lots outside the Natural Resource and Conservation area (Tier 11 and Tier III) are those most likely to be developed in the future. However some of these IS/URM lots may contain wetlands or fragmented hammock areas or they may be the yard of a developed lot. The more than one hundred vacant commercial parcels in the property records without structures are primarily parking lots or driveways of existing businesses. The actual potential new commercial development sites are much lower approximately forty parcels. It is projected that between 140 and 210 new single family housing units may be constructed in the planning area over the next twenty years. With a total of 660 platted IS/URM lots plus 360 vacant parcels which permit residential uses, there are a large number of lots and parcels that will not receive a permit. According to the estimates at least 80% of the vacant lots and parcels in the planning area will not receive a permit for a new residential use during the twenty-year planning horizon. If a portion of the new residential units are built as multi-family employee housing on commercially zoned parcels the number of single family lots not receiving permits in the 20 year planning horizon will increase. Goal 105 was adopted by the Board of County Commissioners to direct the County's future de- velopment to infill areas in existing subdivisions and commercial corridors and to focus the ac- quisition program towards preserving wetlands and the important terrestrial habitat areas. The goal also addresses the need to reduce the over-all numbers of lots and privately owned vacant lands in the County with a program to purchase fragmented hammocks and vacant lots in subdi- visions that are less than fifty percent (50%) built (Tier II). These lots may be sold back to the adjacent neighbors or be held jointly by the community or remain in County ownership as a re- serve for birds and small wildlife. Discouraging sprawl is accomplished as much by maintaining existing uses on scarified lands as it is in preventing development from moving into undeveloped areas. The planning area has a number of uses that are nonconforming because of the Land Use District they are located in. Lawfully established residential uses that are over-density or are in a land use district that does not allow residential uses are made conforming under recent amendments to the Comprehensive Land Use and Redevelopment Element 32 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Plan and the Land Development Regulations. Non-residential uses that are non-conforming do not have that same protection and may not be replaced if more than fifty percent (50%) de- stroyed. Redevelopment of the property is prevented because the non-conformity may not be expanded. Currently there are non-conforming retail uses,professional buildings and restaurants. Analysis of Community Needs Property Rights There are a large numbers of vacant privately owned lots and parcels in the County. The County needs to work with landowners to acquire those lots that are least appropriate for future develop- ment. This is only fair to the landowners who will not receive a permit in the twenty-year plan- ning horizon. Goal 105 The Tier maps need to be finalized and adopted for the planning area to give a clear understand- ing of where development is appropriate and where the County should be concentrating acquisi- tion efforts. With the State taking additional responsibility for acquiring the Natural Resource and Conservation Areas (Tier I), the County needs to be purchasing land to reduce the over-all numbers of lots in the planning area. Nonconforming Uses There are non-residential uses and structures within the planning area that are inappropriately classified in regard to land use designation. These buildings often contribute to the character and economic vitality of the planning area and need to be evaluated to determine if the land use des- ignation should be changed. As a result of the non-conforming status of many of these struc- tures, material improvements or enlargements to the site is extremely difficult, thus the structure is not improved and many times the building is left vacant. Recommended Strategies and Actions Strategy 1.1 Designate the entire planning area into Natural Resource and Conservation Areas (Tier I), Tran- sition Area(Tier II) or Infill Areas (Tier III) as appropriate. Action Item 1.1.1: Prepare Tier System Overlay Map for the planning area based on Goal 105 and established planning criteria and principals for designation of each Tier area and public involvement. Action Item 1.1.2: Adopt the Tier system map separate from but as an Overlay of the Land Use District Map. The Tier System Overlay Map shall be used primarily to focus acquisition efforts in Tier I and Tier II and to guide development to appropriate areas in Tier II and Tier III. Strategy 1.2 Follow the public acquisition strategy, detailed in Strategy 6.2, to purchase land from willing sellers in the planning area to preserve important upland habitats and reduce the large number of parcels in the planning area, which will not receive a permit in the twenty year planning horizon. Land Use and Redevelopment Element 33 Livable CommuniKeys Umter Planfor Tavernier Creek Bridge to Mile,Marker 97 Strategy 1.3 Review and evaluate the land use designation of lawfully established non-conforming land uses and structures within the planning area to determine appropriate designation. Action Item 1.3.1: Promote community character, establish conformance and resolve land use issues by identifying and changing the land use designation on parcels of land containing non-confonning uses and rezone as appropriate. Action Item 1.3.2: Discourage the continuance of nonconforming uses that are determined in the review to be inappropriate for the area in which they are located. Strategy IA Continue to utilize the Land Use District Map and Supporting Future Land Use Map(FLUM)to regulate land use type, density and intensity on an individual basis within the planning area. 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: 566000.00'0000, 566240.0'00000, 477140.000000, 566120.000000,477150.000000, 477160.000000, 477170.000000,477210.000000 and 477180.00,0000 planning area from Improved Subdivision(IS)to Mixed Use(N"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 476750.000000,476760.000000,476770.000000 and 476780.000000 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 FLUM designation of parcels identified with the following Real Estate numbers. 555880.000000; 5560,90.000000, 556080.000000, 555860.000000, 555910.000000; 555890.000000; 555960.0000'00; 555970.000000; 555850.000000; 555840.000000; 556010.000000; 55830.000000; 556020.00000'0; 555820.000000; 556040.000000; 556030.000000; 555990.0'00000; 556070.000000; 556000.000000'; 556060.000000, and 5560�50.000000; which are within the Tavernier Creek Bridge to Mile Marker 97 Master Plan planning area from Mixed-Use Commercial(MC)to Residential Medium(RM). The purposed change will prevent an established,built- out neighborhood area with no commercial uses from being considered an area slated for commercial use pursuant to the FLUM. It is of note that Real Estate numbers: 555940.000000, 555950.0000'00 and 556 100.000000 are not listed on the FLUM as Mixed-Use (MC)and were not included, 4. 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): 4823 10.000000 and 482320.000000. 34 Land Use and Redevelopment Element Livable Corr munaiKevs Master Plana for Tavernier CreekBridve to Mile Marker 97 I u� r i FILi,DhA RM and to MC s, i e � r r " 1 w orolno�. I rto G F<�UNv6 E�9w1 to { r, ` ,I� I, I ZW)41g IS to NA FLUNI, a W to RC tit wwavoe cows ity H t Sul ewoUxr 4rwment ' •�...... �, "' ' �,dXA", f rh d IY rii q, IN ,� 0 hh, �M �v � 1 .I pt Om y "JUM r."'Mi- ��t�aoos I1"v Ftare?.1 Map ofZoning tt:i7d I"IUIMi changes � 35 Lund Use and Reclev l'OPme nt Elenierat Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% COMMUNITY CHARACTER ELEMENT PON/ // A I's N 4111VIVP eim!", 1,011/1116/ilw IS% A/ i iu, v 11/2 Community Character Element 36 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL TWO PRESERVE AND PROTECT THE QUALITIES OF NEIGHBOR- HOODS BETWEEN TAVERNIER CREEK BRIDGE AND MILE MARKER 97 - ITS SMALL TOWN UNIQUE CHARACTER, LUSH NATURAL ENVIRONMENT AND WATER ORIENTATION. Current Conditions Summary The words "small town" serves to both paint a picture and suggest the atmosphere of the Tav- ernier Creek Bridge to Mile Marker 97 planning area. This planning area is not extremely di- verse, but has many interesting neighborhoods with their own individual identities. From the his- toric "conch-style" construction, to the mixed use neighborhoods and large commercial center in the traditional town of Tavernier, to the hammock in the northern end of the planning area, a de- fining characteristic are the green spaces which separate uses and provides privacy to the neighborhoods. The major land use in this island community is native habitat, both upland hammocks and wet- lands. The natural areas surround the residential neighborhoods giving to each a unique "sense of place". The tall native trees are in contrast to areas in the lower Keys where the vegetation is low or was mostly removed during construction activities. The hammock provides a buffer for the residential neighborhoods from the noise and motion on U.S. 1. The hammock stand in the median of U.S. 1 contributes to the over-all environmental and scenic quality of the planning area. The development pattern is reflected in the proposed Tier Map designations. The infill areas, Tier III, are the existing neighborhoods with more than 50% of the existing lots developed. Tier I contains the larger natural areas, greater then four acres,providing the major divisions between neighborhoods. The smaller patches of fragmented hammocks throughout the area and large Suburban Residential lots with hammock on U.S. 1 are designated Tier 11. Citizens of this planning area during the workshops and responding to surveys identified the proximity to the water, natural environment and open (green area) space as the main qualities they liked about living in this planning area. Preservation of the natural environment and small town "island" character are the qualities identified as most important. Analysis of Community Need Development Patterns Preserving the existing development patterns in this planning area - neighborhoods separated by green space—is of primary importance to the residents. There is also much support for maintain- ing the tall trees within the neighborhoods. Continued support by citizens of this area for the protection and preservation of these qualities is critical in the implementation of the Master Plan. Community Character Element 37 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 U.S. 1 Buffer and Median The natural vegetated buffer along U.S. 1 and in the median needs to be preserved. The vegeta- tion not only buffers the residential neighborhoods from the major highway in the Florida Keys, but also provides a feeling of a green belt between the traditional towns of Tavernier and Rock Harbor/Key Largo. Expanding the natural vegetation along the roadway would enhance and pro- vide additional buffer to the road and the neighborhoods. Tier Maps A mechanism needs to be instituted to identify those areas more appropriate for infill (Tier III) development and other areas that need to be preserved (Tier I) in a natural state. Monroe County is already in the process of developing the Tier Maps pursuant to countywide Smart Growth Ini- tiatives adopted in Goal 105 of the Comprehensive Plan. Any permitted development in the Tier 11 areas needs to be carefully controlled to consider the character the fragmented hammocks which contribute to the character of this planning area. Recommended Strategies and Actions Strategy 2.1 Limit clearing for new construction to maintain the tree cover in the neighborhoods and along the U.S. 1 corridor area. Action Item 2.1.1: Amend existing habitat analysis policies and regulations to designate all lots in Tier I in this planning area as automatic high quality and limit clearing to a maximum of twenty percent. Action Item 2.1.2: Amend existing habitat analysis policies and regulations to designate all lots containing hammock areas in Tier 11 and Tier III in this planning area, whether old or re- growth, as automatic moderate quality and limit clearing to a maximum of forty percent. Action Item 2.1.3: Cluster new development on lots adjacent to U.S. 1 between Tavernier Creek and MM 97 away from the roadway maintaining the maximum amount of existing vegetation, even if the quality of the hammock would dictate clustering the development closer to the road under Sec. 9.5-345(f). Action Item 2.1.4: Prohibit the transfer of development rights (TDRs) to increase density on lots zoned Suburban Residential (SR) with upland native vegetation that are less than 20,000 square feet in size. Strategy 2.2 Prepare and adopt a Tier System Map for the planning area designating the boundaries of Tier I, Tier 11 and Tier III lands as described in Comprehensive Plan Policy 105.2.1 and prioritize areas in Tier I for acquisition to maintain the terrestrial environment and Tier 11 for local character and environmental quality. Action Item 2.2.1: Acquire Tier I lands, adjacent to publicly owned land, to preserve the ma- jor divisions between neighborhoods as well as preserve the most significant environmental habitat. Community Character Element 38 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 2.2.2: Prioritize the vacant fragmented hammock patches in Tier 11, which are not currently protected with a conservation easement, for acquisition by the County. These fragments are an important character element of the planning area. Strategy 2.3 Increase the native hammock buffer areas adjacent to U.S. 1. Action Item 2.3.1: Coordinate with Florida Department of Transportation to plant the median of U.S. 1 and any excess right-of-way that does not currently contain hammock, with native vegetation between MM 93 and MM 97. Action Item 2.3.2: Require landscape buffers in this section of U.S. 1 to be planted with na- tive plants. Action Item 2.3.3: Encourage existing businesses between Mile Markers 93 and 97 to pro- vide native landscape buffers on their properties. Community Character Element 39 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL THREE DEFINE, MAINTAIN AND ENHANCE THE COMMUNITY CHARA G TER FROM MM 91 MM 93.5 . Current Conditions Summary Community character was a major point of discussion and planning focus during the LCP proc- ess. While the planning area (MM 91- MM 97) as a whole is defined by the native terrestrial habitat Mile Marker 91 to 93.5 has its own unique identity. Defining the community character meant many things to LCP workshop participants and survey respondents including recognition of the unique natural character, maintaining the area's historic character and moderate pace, and enhancement of community gathering areas for conducting business, socializing and recreation. Homes for the residents of the town are primarily small single family houses or mobile homes; some built as early as the 1920's and 1930's. Larger homes, built more recently, are beginning to fill in the shoreline and replace some of the traditional "conch' style homes. Small mobile homes are also being replaced by "double-wide" or stick built houses. However, the essential character of the area remains one of small homes nestled along the shoreline or within the up- land hammocks. In October 2003 Monroe County proceeded with a design planning process for the commercial corridor area for Mile Marker 91 to 93.5. The charrette was a facilitated community discussion during which design concepts were developed and graphically assembled at the meeting for im- mediate reaction. Analysis of Community Needs Parking and Setbacks from U.S. 1 When U.S. 1 was widened to four lanes through this planning area many existing businesses lost much of their parking and setback from the roadway. The businesses became non-conforming as to parking and setbacks, this presents a problem when they try to redevelop or when new owners try and start a new business. U.S. 1 and Major Street Beautification The idea of the Main Street element introduced and evaluated during the LCP process drew some support in the community with ideas for beautification of U.S. 1 and the commercial cen- ter of the island. Circulation and ease of accessibility for the human population was integrated into the beautification element during the corridor enhancement charrette process. Commercial Building Design Guidelines There may be support for design guidelines for new and replacement buildings. Tavernier is a `historic community" with many remaining examples of early "conch" construction. Recom- mendations for design guidelines will be included in the Corridor Enhancement Plan. Care should also be taken to ensure that design requirements do not stifle a positive redevelopment momentum. Scale of Residential Construction While there is general support in the community for limited additional residential construction, there is concern that new construction should be of the general scale of existing homes. This is- sue is not in relation to the larger single-family homes being built in the town, but in relation to the potential for employee housing projects that maybe proposed in the area. In particular there was opposition to multi-family"garden apartment"type of units. Community Character Element 40 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Recommended Strategies and Actions Strategy 3.1 Recognize and protect the existing mix of land uses in the U.S. 1 corridor area as the character that defines planning area. Action Item 3.1.1: Designate a "Community Center" from MM 91 to Burton Dr. pursuant to Policy 105.2.15 where Tier III infill and incentives for redevelopment will be encouraged. Action Item 3.1.2: Require that any new development or redevelopment approved within the designated US 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 of floor area, building height, or configuration of building footprint. Action Item 3.1.3: Prohibit the designation of new commercial land use districts beyond that contained in this Master Plan in order to protect the existing viability of the US I Corridor Area and Community Center and to prevent the further sprawl or strip commercial zoning. Action Item 3.1.4: Prohibit the following new uses or change of uses within the Tavernier Creek Bridge to Mile Marker 97 planning area: 1) Commercial retail high-intensity uses that generate above one hundred and fifty(150) average daily trips per one thousand (1,000) square feet; 2) Storage areas as a principal use; 3) Outdoor retail sales on a vacant lot and any new or expanded outdoor retail sales associated with structures of less than five hundred (500) square feet of floor area. Action Item 3.1.5: 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 US Highway I Community Center are adopted or six months after the effective date of this Master Plan, whichever comes first. Action Item 3.1.6: Require that any development 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 GAI Consultants Inc. Action Item 3.1.7: Enact a temporary moratorium on all development meeting the threshold for design review and approval in Action Item 3.1.6 until the adoption of design standards and regulatory controls for the Tavernier Historic Overlay District are adopted or six months after the effective date of the Master Plan, whichever occurs first. 41 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Strategy 3.2 Develop and adopt a Commercial Corridor Enhancement Plan for the U.S. 1 Corridor Area be- tween MM 91 and MM 93.5. Action Item 3.2.1: Define the U.S. 1 Community Center as the area from MM 91 to Burton Dr. It is the focus of community activity due to the dominant land use pattern of commercial and other non-residential uses. A program of planning for this area shall be continued and accelerated. Action Item 3.2.2: Generate a Corridor Enhancement Plan, based upon the corridor enhance- ment planning process which includes ideas for improvement of traffic and pedestrian/ bicycle movement,parking, beautification, and incorporation of parks/open space. Action Item 3.2.3: Develop and adopt design standards and design guidelines for develop- ment within the U.S. 1 Corridor Area and the Community Center. Action Item 3.2.4: Provide incentives for property owners on U.S. 1 to make landscaping and building improvements and bring signs into conformance with the Enhancement Plan. 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 3.3.1: Provide alternative parking options for businesses such as a municipal parking lot. Action Item 3.3.2: Provide "contextual" setbacks to preserve the historic character of the area and remove existing non-conformities. Action Item 3.3.3: Define the elements that contribute to the community character of Tavern- ier and adopt Design Guidelines for development and redevelopment so the qualities of the community are preserved. Action Item 3.3.4: Prohibit new storage lots on U.S. 1 within the planning area in order to enhance the community character of the U.S. 1 Corridor Area. 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. Action Item 3.3.6: Encourage small businesses, that are not of historic quality, on U.S. 1 to add employee apartments; either attached or on the property if construction can be accom- plished within the design guidelines for the commercial corridor. Action Item 3.3.7: Encourage adaptive reuse of historic non-residential structures for em- ployee housing being careful to maintain the historic qualities of the structures. Community Character Element 42 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL FOUR PROTECT AND ENHANCE HISTORIC, CULTURAL, AND AR- CHAEOLOGICAL RESOURCES WITHIN TAVERNIER TO MAINTAIN THE INTEGRITY OF THE COMMUNITY'S UNIQUE CHARACTER. Current Conditions Summary The Comprehensive Plan contains standards for recognizing, designating, protecting, and pre- serving historic structures within the county (Objective 104), which are further implemented through current Land Development Regulations (Article VIII). Monroe County has stipulated specific procedures for protecting historic, cultural and archaeological resources in the develop- ment review process. Under current regulations all new proposed development in the ROGO and NROGO system carry significant bonus or penalty points for projects, which either have an adverse or positive affect on a historic structure or known archaeological resource. In addition, the County coordinates with other agencies and organizations to maintain a current inventory of historic, cultural, and archaeological resources. The County has worked closely with the Tav- ernier Historic Group and the Historic Florida Keys Foundation to identify current and potential places and sites for future preservation within the planning area. In addition, during the past 20 years, three independent cultural resource surveys have been completed with the planning area. The most recent survey was conducted in July 2003 by GAI Consultants. At the request of the county, GAI consultants completed an architectural survey of all unincor- porated areas and an evaluation for listing sites in the National Register of Historic Places and/or Monroe County Landmarks. The survey included a detailed list of properties located within the Tavernier Creek to Mile Marker 97 planning area as well as specific recommendations for the area. Of all the properties surveyed, fifty-three were identified as being eligible for national his- toric designation. Currently, eight of those properties are designated as Monroe County land- marks and seventeen are listed as Monroe County Historic Landmarks. In addition to the im- portance of each individual site and/or structure, the consultants recognized Tavernier as being collectively significant and recommended that it be nominated as a district on the National Reg- ister of Historic Places. Other recommendations include, completing a comprehensive survey every 5 to 8 years, establishing a marker program, conducting a comprehensive review of the historic preservation ordinance, as well as developing and adopting historic architectural design guidelines for historic properties or those contributing to historic districts. The primary method of protecting such resources in the planning area has been through the es- tablishment of a historic overlay, land acquisition, and the designation of historic places and sites. The designation process requires the owner of a property proposed for historic designation to voluntarily submit an application requesting the designation. The Historic Preservation Com- mission reviews the application based on criteria in the LDRs and recommends either approval or denial to the Board of County Commissioners. Only those properties approved for historic designation are subject to the requirements of the ordinance and review by the Historic Preserva- tion Commission. A certificate of appropriateness is required before a permit may be issued on the property. Forty-eight historical places and sites have received local, state, and/or national designation as of adoption of this master plan. Community Character Element 43 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Analysis of Community Need Protection of Historic, Cultural, and Archaeological Resources The Comprehensive Plan and LDRs contain policies regarding the voluntary designation and protection of historic, cultural, and archaeological resources. There is a need to specifically ad- dress the resources within the planning area with specific focus on protecting the integrity of the historic district. Standards are needed that will protect the historical structures, as well as the current landscape and public infrastructure. Coordination between multiple agencies needs to take place to ensure that conservation areas are permanently protected from development. Design Guidelines for Historic District The Comprehensive Plan and the Land Development Regulations do not address specific design guidelines for historical districts. There is a need to create such guidelines specific to Old His- toric Tavernier to maintain and enhance the integrity of the district. New development and sub- stantial improvements have been permitted to occur without regard to the architectural style of the district. Potentially, as development continues to occur in such a way that it does not harmo- nize with the current character the integrity of the historic district may be lost. These design guidelines should be coordinated with the Corridor Enhancement Plan. Design Review Committee There is a need to expand the historic preservation functions of the Historic Preservation Com- mission to oversee all development activities within the planning area. All development activi- ties that occur within the historic district impact the over-all value of the district and should be designed to reflect the historic character of the area. Evaluation and Monitoring Resources Recently, a survey of existing and potential historic resources has been conducted. There is a need to update the existing inventory of resources on a regular basis as the number of buildings and/or sites reach the 50-year threshold for designation eligibility. In addition, there is a need to maintain coordination between the county and other agencies to ensure that regulations for his- toric designation, preservation and conservation are being met and to limit the overlap in activi- ties. Recommended Strategies and Actions Strategy 4.1 Protect the future integrity of Tavernier's Historic District by adopting ordinances that clearly define the boundaries of the district, commit to preserving the historic qualities of the district and provide guidelines for all future development activities in the district. Action Item 4.1.1: Expand the boundaries of the Historic District to include all properties highway to ocean from the current Historic District Overlay southern boundary through to Tavernier Creek and the adjacent property to the north in addition to the current historic overlay. Action Item 4.1.2: Adopt the expanded boundaries of Tavernier Historic District, as an over- lay on the Future Land Use Map and the Land Use District Map. Community Character Element 44 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 4.1.3: Prepare and adopt historic design guidelines and regulations that specifi- cally define the architectural and contextual qualities and criteria that shall be followed for all development, remodeling and redevelopment projects within the District. Action Item 4.1.4: Investigate the option of expanding the authority of the Historic Preserva- tion Commission to review, approve the design of and issue a Certificate of Appropriateness for any building permit applications in the Tavernier Historic District for exterior improve- ment or interior improvement if cited as significant to the properties designation. Action Item 4.1.5: Investigate the expansion of the boundaries of the Historic District to in- clude additional areas of historic importance. Strategy 4.2 Coordinate with the Florida Departments of Transportation, Environmental Protection, and Community Affairs, local agencies, the Florida Keys Aqueduct Authority, Keys Electric, Key Largo Waste Treatment District and the South Florida Water Management District to ensure the continuing protection, maintenance and improvement of the historic area. Action Item 4.2.1: Work with coordinating agencies to investigate the potential of creating a passive pedestrian accessible recreation area at the Tavernier Creek hammocks site, bayside, to be incorporated into the county-wide Overseas Heritage Trail Plan. Action Item 4.2.2: Work with the Florida Department of Transportation to maintain current pavement widths. In addition, on local streets discourage finished curbs and gutters, and in- stead encourage grassy or stone lined drainage ditches or natural swales where needed. Action Item 4.2.3: Coordinate with Public Works to discourage the act of tree topping and/or major pruning along public right of way within the Historic District. Action Item 4.2.4: Acquire hammock lands within the Historic District to maintain the con- text of the historic community character. Action Item 4.2.5: Encourage all agencies to work with the Historic Preservation Commis- sion when considering improvements or changes to any public facility in the Tavernier His- toric District; they will need a Certificate of Appropriateness to do improvements. Strategy 4.3 Provide recognition and definition to the Tavernier Historic Overlay District. Action Item 4.3.1: Establish a voluntary Historic Marker Plaque program for historic homes that are identified as a local, state, and/or national historic, cultural, or archaeological re- source. Action Item 4.3.2: Erect a historical marker on both north and southbound lanes upon enter- Community Character Element 45 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 ing the Historic Tavernier District. Action Item 4.3.3: Prepare an application to nominate the area defined as "Historic Tavern- ier" for designation on the National Register of Historic Places. Action Item 4.3.4: Create and establish an identification system within the Monroe County Building Permit Tracking system in order to identify historic or contributing properties, which will ensure the protection and proper maintenance of such properties. Action Item 4.3.5: 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 an historic resource; 2. Any structure identified by "The Final Report Historic Architectural Survey of Unincorporated Areas of Monroe County Florida (2003)" prepared by GAI Consultants Inc. Action Item 4.3.6: Enact a temporary moratorium on all development meeting the threshold for design review and approval in Action Item 4.3.5 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. Fiscal Implications and Anticipated Capital Improvement Projects The major fiscal implications found within the Community Character Element are those of land acquisition for the preservation of natural resources and of neighborhood character within the historic district and other neighborhoods within the planning area. The plan calls for all vacant, privately owned parcels designated as Tier I to be considered for acquisition using state or county funding resources. Additionally, the plan calls for the acquisition of several fragmented hammock patches Tier I1 areas in order to preserve community character and protect the patches from being further divided. While these actions are specifically defined as a part of this element, they are a part of the larger acquisition program described in the Environmental Protection Ele- ment. The Community Character Element also specifically mentions the acquisition of hammock par- cels in the historic district to preserve the habitat and character of the area. There are approxi- mately 30 parcels which fall under this category, all to be designated Tier I1 or Tier 1I1. Tier I1 parcels are accounted for in the Environmental Protection Element, however, the Tier III parcels are not. The approximate assessed value of the 30 parcels in the historic district is $600,000. Community Character Element 46 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 'Tavernler Creek to Mile Marker, 917 Tavernier Historic District t "! i i'I 1 � .. rif 7 1�A"'ddwf,l'�; . AX if Il L. Y 1 1 q 1 J ill t` Historic District Existing Historic District "v ,� it 't� Proposed Historic District r i �A+lC6t'�R"�a �Lw9i��at�v Planning and E xivnrraxarrnentul 'd�niN lrnrq rt �M w,im.�«a �' tlunrvw69v�1 a�ao�,nn gy6r la�nsnu a���en�d b �av ay„nv� tiauluassl M ar. �sh„Aw�n�,.�.�ry e n u�"iFfl� w.v�rn�vmly latl ec[lgmm��Nr .I mr...tla mrail�t, �M1xl FI'''xu„,Mx,. 9 ll t'.wA'Mmry I grv4N',pp. ➢^q'—d uKyy I I4 1 b"^_BWY:I Figure 3.1 Historic overlay district and proposed expanded district area. Community Character Element 47 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 SCIIII I% HO USING ELEMENT PON/ Housing Element 48 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL FIVE MAINTAIN THE AVAILABILITY OF HOUSING THAT IS AFFORD- ABLE FOR LOCAL RESIDENTS AND THE WORKFORCE WHILE PRESERVING THE CHARA CTER OF THE COMMUNITY. Current Conditions Summary This planning area has traditionally been a working community from the early farmers and fish- ermen to the firemen, teachers and service workers who lived within the area. In the last ten years the demographics of the area has changed with a decline in permanent population of more than 10%, from 1,971 persons to 1,755 persons. The largest decline in population was in the 21 to 54 age group, (15%); the prime working years. Housing units have increased, according to the Census Bureau, by 235 units, while permanent housing has decreased by 11%, 216 units. This includes a decrease in rental units of 121 units. The change in household types living here permanently is also evident when income level com- parisons are made in the U.S. Census for the 1989 to 1999 periods. The median household in- come for the planning area in 2000 was $42,830 (the medium income level county-wide was approximately $42,283). There was a decrease of 380 households making less than $50,000 a year in the ten-year period and an increase of 164 households making more than $50,000 a year. Of the sixteen business owners or managers in the planning area who responded to a Planning Department survey in June 2002, none indicated that their employees were paid more than $40,000 a year and most of their employees lived outside the planning area. With the upward trend of more seasonal units in the area, the cost of existing housing for the year-round resident is also increasing. According to census figures, 50% of the residents in owner-occupied units and 50% of the residents in rental units in the planning area spend more than one fourth of their monthly household income on housing expenses alone. According to the 2000 U.S. Census Bureau, the median owner-occupied dwelling unit in the planning area is val- ued at $226,000. Discussions with realtors in the area provide an estimate that the selling price of homes in the area has increased by approximately thirty percent (30%) a year for the last two years. The number of renter occupied housing has decreased since 1990, while rentals have in- creased within the county as a whole. The median rent within the planning area is $715. Approximately one third of the dwelling units in the planning area are mobile homes. These have traditionally been an economical alternative for both the workforce and retirees to live in the area. A windshield survey of areas zoned URM, which allow both mobile homes and de- tached residential units, has resulted in what appears to be an increase of stick built or modular construction and a corresponding decrease in mobile homes over the last few years. According to Building Department records, within the past ten years only 16 mobile homes have been re- placed with single family residences, but over half of those have been in the last two years, indi- cating an increasing trend at mobile home replacement. However, within the past ten years a total of 41 mobile homes have been upgraded to newer models but have not been replaced with single family homes. Figure 4.1 Shows the existing housing types within the planning area. Housing Element 49 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Tavernier Creek to MHe Marker 97 Existing Residential Uses >^ f ,F r > Residential Use � �.......... single Fam,illy Mufti-Family 1 Condominium �rONS (Recreational Vehicle � `4 �11111111111111JJJJJJ� Mobile Horne ANdITf� Mobile Home Park 01 iFtuu "fitaY y hk� .... FEW r uio�tia� .. f iI j 1 1 Ra IY + LYE �r �airru�t, N Mo'nroe>C.:ounty Plrana7rrt �nc3 Fax�ix•onaruenta�l Rcsoi^r,ces 6,ep6rtment rm, ,W' �aW,n�,k", rr, ....... ei r A, hAil�k"a Yrn.M,sr l.rylr I'S+ C,tmtnnura P-,rr.�.u.:5 Figure 4.1 Existing residential areas with the planning area. Housing Element 50 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Analysis of Community Need Affordability of housing units The continuing need for maintaining and increasing the availability of affordable housing in the area was a concern expressed in the workshops and surveys by some respondents. The occu- pancy trend in the planning area is towards more seasonal and weekend residents. Housing costs are rising beyond the affordability of the current permanent residents. When homes are sold, at current prices, they are out of the range of affordability for many of the permanent residents of the community and those who would like to live near where they work. Therefore when most people sell there homes it is to move out of the Florida Keys as they can not afford to purchase another house. Mobile Homes Housing costs for a mobile home are typically less than that of a single-family dwelling or con- dominium. As these units are sold they are often purchased by seasonal residents and either de- molished and rebuilt as more expensive units or only used on a part time basis. Sustainability of the existing affordable units in the area may also require protection of the existing mobile homes. Housing types Residents have expressed concerns that affordable housing developments will not fit into this historic community of small conch style houses and mobile homes. They do not see their com- munity as wanting any additional garden style apartment complexes, which are being used in other areas to provide affordable housing in the County. More than 60% of the respondents to the Planning Department community survey supported architectural design guidelines. Recommended Strategies and Actions Strategy 5.1 Promote employee housing above and in conjunction with commercial buildings in the Commu- nity Center Overlay district, as this planning area has capacity to add some employee-housing units based on the commercial floor area ratio of the different commercial parcels. Action Item 5.1.1: Work with businesses in the area when they are ready to develop and re- develop to identify if the site could also be used to provide employee housing and explain the county incentives for providing affordable employee housing. Action Item 5.1.2: Redevelopment projects will come into compliance with landscaping and bulk regulations so far as practicable. Housing Element 51 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Strategy 5.2 Encourage the development and redevelopment of commercial and mixed-use zoned land for employee housing. Action 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. Strategy 5.3 Maintain and improve the existing stock of affordable housing. Action Item 5.3.1: Continue and expand the existing programs of the Monroe County Housing Authority to assist first time home buyers purchase housing in the planning area. Action Item 5.3.2: Identify current mobile home parks that serve as affordable workforce housing and determine if it would be appropriate for the county to acquire and maintain them as affordable housing. Action Item 5.3.2: Investigate reducing the permit cost of the replacement of mobile homes to encourage existing units to upgrade and remain affordable. 52 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% ENVIRONMENTAL PROTECTION ELEMENT PON/ // A %iris 15A eim!", f i, . it .. Environmental Protection Element 53 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL SIX PRESERVE, MANAGE, AND RESTORE WHERE APPROPRIATE, THE NATURAL RESOURCES WITHIN THE PLANNING AREA, TAKING CARE TO PRESERVE OPEN SPACE AND PROTECT WATER QUAL- ITY AND TO ACQUIRE ENVIRONMENTALLY SENSITIVE LANDS. Current Conditions Summary Environmental protection within the planning area has primarily been implemented using the following mechanisms environmental design criteria in the Land Development Regulations, dis- couraging development in environmentally sensitive areas through the ROGO point system and acquisition of terrestrial and wetland habitat. Natural resource land management activities within the planning area have focused on manage- ment of undisturbed habitat or restoration of disturbed habitat areas. Traditional habitat manage- ment within the planning area has usually included the following activities: land protection (i.e., from dumping, roaming domestic animals,poaching, etc.), eradication of invasive exotic vegeta- tion, habitat restoration through replanting of disturbed areas. These activities are best suited to unpopulated or sparsely populated areas. Until recently most agencies have generally avoided the acquisition of platted, improved subdivision lots, whether they contained natural habitat or not. The application of management activities to subdivision lots presents additional problems, primarily due to concerns of neighbors. The amount of work needed to manage small frag- mented subdivision parcels has made the cost-benefit ratio seem less attractive in the scheme of a management program that covers thousands of acres. The Natural Resource and Conservation areas (Tier I) Map is based upon all areas of hammocks greater than four acres or undeveloped parcels adjacent to natural areas which provide a buffer and can be restored. There are approximately 500 parcels of privately owned land in Tier I in the planning area designated for acquisition. Most of the designated endangered species habitat is also included in this mapped area, with the exception of turtles and wetland species, which re- ceive protection on a site-by-site basis. The majority of the smaller fragmented hammocks isolated by surrounding development are mapped in the Transition Area(Tier II). They are not of the same high quality of the Natural Re- source and Conservation Areas, but they provide habitat for songbirds and small animals and contribute to the quality of the neighborhoods. Wetlands are also protected. The degree of protection is dependent on the quality of the wetland. High quality undisturbed wetlands, regardless where they are located, are classified as "red flag" and may not be disturbed for development activities. Disturbed wetlands may be filled and de- veloped; the mitigation for the development activity is based on the quality of the wetland on the site. Environmental Protection Element 54 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 The natural environment is of critical concern to most of the residents of the planning area. Pres- ervation of the natural resources in the area was recognized by a large majority of the respon- dents as important in maintaining the quality of life and character of the planning area. Analysis of Community Needs Habitat Management Implementation. There is a need to plan for organized habitat management of lands acquired for conservation purposes. The county has not traditionally engaged in natural lands management in the past and has only recently dedicated one employee position to this activity. Therefore, efficient habitat management will likely be accomplished through heavy coordination with existing management entities operating within the planning area. There is a need to anticipate future management needs based upon habitat acquisition goals and to determine how the county will handle expand- ing management responsibilities. Protection of Hammocks. All remaining hammocks of four acres or greater are included in the Conservation and Natural Areas (Tier I) Overlay Map and need to be protected as high quality habitat. Further protection is also needed for smaller habitat parcels (Tier II), which may be within partially developed neighborhoods. The habitat classification system used to determine open space requirements should be modified to reduce allowable clearing on lots with habitat. Public Lands A large amount of acreage in this planning area approximately 840 acres is in public ownership. The boundaries for Conservation and Resource Lands (CARL) need to be expanded to include all of Tier I and be designated for State acquisition. The County should concentrate acquisition efforts on the Tier 11 fragmented habitat areas. Recommended Strategies and Actions Strategy 6.1 Create and adopt Tier System Land Use District Overlay Maps for the planning area depicting the locations of Tier I, Tier 11 and Tier III lands as described in Comprehensive Plan Policy 105.2.1. Action Item 6.1.1: Draft the Tier I overlay to follow the Conservation and Natural Areas boundary. Tier I will include all contiguous hammock areas above four acres and restoration areas between fragmented hammocks to increase the hammock size and buffers where possi- ble. Action Item 6.1.2: Draft the Tier 11 overlay areas that include the smaller hammock patches isolated by surrounding development, which provide habitat for songbirds and small animals and contribute to the quality of the neighborhoods. Action Item 6.1.3: Draft the Tier III overlay areas to contain subdivisions that are mostly built out and appropriate for infill development. Environmental Protection Element 55 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Strategy 6.2 Prepare an acquisition strategy, coordinating with state agencies, to acquire parcels with the highest habitat value first. Action Item 6.2.1: Prioritize the acquisition of Tier I lands over Tier II and Tier III lands. Action Item 6.2.2: Encourage the State of Florida to revise the CARL boundaries within the planning area to correspond with the coverage of Tier I as depicted on the Tier System Over- lay Map for the purpose of prioritizing State purchases. Action Item 6.2.3: Coordinate with the state to acquire the lands within the Natural Resource and Conservation Areas (Tier I). Action Item 6.2.4: Prioritize the County acquisition program to Tier II lands and wetland parcels in Tier III if the State accepts primary responsibility for Tier I acquisition. Action Item 6.2.5: Identify lots and parcels in the Transition Areas (Tier II) with fragments of hammock and/or wetlands for public acquisition in close coordination with neighborhood groups. Action Item 6.2.6: Provide the highest priority for acquisition in Action Item 6.2.5 to those parcels with neighboring property owners or communities who want to partner with the county to purchase the lot and/or will take responsibility for maintenance and protection of the resource. Action Item 6.2.7: Acquire as the third priority those scarified lots in the Transition Area (Tier II), which will be acquired for density reduction. Those communities and/or neighbor- ing property owners who wish to partner with the county in the acquisition process will re- ceive a higher priority for acquisition. Action Item 6.2.8: Prepare criteria to be applied in determining which properties will receive the first offers in the Transition Areas (Tier II). Strategy 6.3 Identify and pursue existing and new means of retiring development rights. Action Item 6.3.1: Amend the administrative relief and beneficial use provisions of the Com- prehensive Plan to require purchase of land for Tier I applicants and to allow purchase or issuance of a permit for Tier II and Tier III applicants as appropriate. Action Item 6.3.2: Encourage density reduction through lot aggregation on Tier II and Tier III lands. Action Item 6.3.3: Coordinate with the local community and/or neighboring homeowners acquiring upland hammock lots in Tier II with the objective of sharing the purchase costs and deeding ownership and maintenance responsibilities to the community and/or neighbors. Environmental Protection Element 56 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Strategy 6.4 Formulate and carry out a plan for habitat management of lands acquired for conservation pur- poses. Action Item 6.4.1: Offer any lands purchased by the County adjacent to State owned lands to the State for management. Action Item 6.4.2: Identify and prioritize conservation lands under County ownership and management for implementation of management activities and anticipate future management needs based upon the projected acquisition timing of properties. Action Item 6.4.3: Identify and prioritize management activities such as fence removal, inva- sive exotic vegetation control, control of free roaming pets and habitat restoration. Strategy 6.5 Reduce the permitted clearing of Hammock lots. Action Item 6.5.1: Amend existing habitat analysis policies and regulations to designate all lots containing hammock areas in Tier 11 and Tier III in this planning area, whether old or re- growth, as automatic moderate quality and limit clearing to a maximum of forty percent. Fiscal Implications and Anticipated Capital Improvement Projects As with the capital costs outlined in the Community Character Element, the capital costs in- volved in the Environmental Protection Element revolve around the acquisition of sensitive habitat for the protection of the natural environment and character of the communities. The plan recommends that the state revise the acquisition boundaries to include Tier I properties to be- come priority for the state to purchase. There are approximately 392 vacant Tier I parcels in the planning area under private ownership that are outside of the state preservation boundaries. The approximate assessed value of these parcels is $1.5 million The plan also calls for the acquisition of Tier 11 parcels with fragments of hammock and/or wet- lands by the county or though public-private partnerships with the local neighborhoods. The cost of implementing this action of the plan is unclear at this time, as the location and amount of parcels which fulfill the above criteria is unknown. However, the intent was to keep the cost low to both the county and the partnering neighborhood groups by forming a partnership. The benefit to the county is the protection of sensitive habitat and a reduction in density, while the neighborhood retains the benefit of the natural and historic character. Environmental Protection Element 57 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% ECONOMIC DEVELOPMENT ELEMENT PON/ // A %iris 15A l J J Illlllllllllll%ll rWho$/// Economic Development Element 58 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL SEVEN SUSTAIN THE EXISTING COMMERCIAL AND INDUSTRIAL B USI- NESSES AND ENCO URA GE REDEVELOPMENT OR INFILL BE- TWEEN MM 91 AND B URTON DRIVE AND DISCO URA GE ADDI- TIONAL STRIP DEVELOPMENT OF THE U.S. I CORRIDOR. Current Conditions Summary There are approximately twenty-four industrial and manufacturing businesses in the planning area. Most of these are small businesses employing one or two people. They include home-based occupations or mobile repair services and are located primarily between MM 91 and MM 93.5. Types of industrial businesses in the area are boat repair, fabrication and other home-based oc- cupations or mobile repair services. The need to inventory and consider the redevelopment of water-dependent and water-related uses is included in the 2010 Comprehensive Plan in Objec- tive 212.1 and Chapter 9J-5.12 of the Florida Administrative Code. Commercial retail is concentrated along the U.S. 1 corridor area. There are approximately 180 commercial businesses identified in the property appraiser's records in the planning area includ- ing a major shopping center, restaurants, specialty shops, and professional, construction and ser- vice related offices. Tourist housing is an important economic activity in the planning area, providing jobs and cus- tomers for the restaurants and specialty shops in the area. Eight motels, with 270 rooms, provide for transient visitors to the area. An additional 160 units may be rented for "vacation rentals" in the gated community of Ocean Pointe. There are four Recreation Vehicle (RV) Parks with 113 approved recreational vehicle spaces for the camper. Key Largo Ocean Resort, the only park area zoned Recreation Vehicle (RV) and restricted to transient uses, is currently going through an amendment process to permit permanent dwelling units. Analysis of Community Needs Nonconforming Uses There are non-residential uses and structures within the planning area that are inappropriately classified in regard to land use designation. These buildings often contribute to the character and economic vitality of the planning area and need to be evaluated to determine if the land use des- ignation should be changed. As a result of the non-conforming status, material improvements or enlargements to the site is extremely difficult to make, thus the structure is not improved and many times left vacant. This discourages redevelopment of existing commercial buildings. Appearance of the Business District There have been some recent redevelopment projects which have used many elements which reflect the community character through upgrading commercial structures and landscaping in the business district over the last few years. There needs to be a way to assure that future redevelop- ment and infill projects reflect the community character of the planning area. An improved busi- ness district will attract additional customers to the area. Economic Development Element 59 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Impact of industrial uses on adjacent homes Many of the industrial type uses in the mixed-use district are operated without consideration of the neighboring homes. These businesses should be encouraged to clean up or be shielded from residential neighboring properties. Parking and Setbacks from U.S. 1 When U.S. 1 was widened to four lanes through this planning area many existing businesses lost much of their parking and setback from the roadway. The businesses became non-conforming as to parking and setbacks, this presents a problem when they try to redevelop or when new owners try and start a new business. RV Park Conversions With ROGO limiting the allocation and permitting of new residential and transient residential units RV Parks are being converted to un-permitted permanent residential dwellings, which do not meet the building code or fire safety requirements. One such park, zoned RV, in the area is currently going through an amendment process to change the zoning to permit permanent resi- dents. Other Parks are being redeveloped as hotels or motels. The loss of these available spaces will reduce the variety of overnight stay options for visitors to this area of the Florida Keys. Recommended Strategies and Actions Strategy 7.1 Consider the over-all economic viability of the planning area when reviewing the land use desig- nations of lawfully established non-conforming land uses and structures in Strategy 1.3. Strategy 7.2 Maintain and enhance economic activity and opportunity within the U.S. 1 corridor. Action Item 7.2.1: Inventory and analyze the characteristics of existing commercial uses within the corridor and expansion potential in order to project the likely rates and amounts of commercial space needed over the planning horizon. Action Item 7.2.2: Use the results of the county wide economic study to assist in determin- ing future commercial used trends and needs into the twenty-year planning horizon. This in- formation may also be used to retain the marketability of existing business uses and com- mercial structures. Action Item 7.2.3: Investigate the feasibility and economic effects of a Formula-Retail Estab- lishments Ordinance. Strategy 7.3 Encourage redevelopment of obsolete non-residential structures and uses within the planning area. Action Item 7.3.1: Examine and revise, where appropriate, the existing regulations regarding nonconforming uses and structures to encourage redevelopment of existing properties con- sistent with the Corridor Enhancement Plan and community vision. Economic Development Element 60 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 7.3.2: Ensure that new commercial design guidelines do not create a burden on existing businesses with the potential for redevelopment. Action Item 7.3.3: Explore ways of easing some of the financial burden of redevelopment such as county and state funding of landscaping within the designated Historic District and along U.S. 1. Action Item 7.3.4: Encourage existing businesses within the mixed-use areas to provide landscaping or opaque fencing to buffer their operations from adjacent residential neighbors. Strategy 7.4 Recognize the importance of the availability of the tourist housing, hotels, motels, condomini- ums and RV Parks in the planning area to the over-all economic stability of the business com- munity. Action Item 7.4.1: Use the results of the county wide economic study to assist in determin- ing future tourism housing trends to project the need for hotels, motels, tourist housing and RV Parks over the twenty-year planning horizon. Action Item 7.4.2: Inventory and analyze the RV Parks in the county to determine their continuing viability under the existing regulatory structure in the County, and the demand for rental spaces and the economics of continuing. Action Item 7.4.3: Implement, where appropriate, the results of the RV Park study includ- ing regulatory changes. Economic Development Element 61 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 _......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................._ Tavernier, ,reek fv,3, ,MJJe Moorker 97 Existing Commercial and Industrial i n ��. n , „ f V IT a� y Commercial and Light Indu%tr°tal Uses _pt n* n*N whg1', w "iW b M wulwaY�p ti'rµ m�wi�wu muwW ��e�nMA nm,wmrw�V mb,M�w ev ifuruvrvr� ,rwm,,1. Wd L4®�r,��.x�„ Tr luf4Q, q'*Mm'&4 F�,�".�B& P,wu Wp xhwr'�1Mii,SY �1WW�1WWMMMMMMMMMMMMMMM Figure 6.1 Existing commercial and light industrial uses within the planning area. Economic Development Element 62 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL EIGHT RECOGNIZE WATER-DEPENDENT AND WATER-RELATED COM- MERCIAL USES AS A PRIMARY SOURCE OF ECONOMIC SUSTAIN- ABILITY WITHIN THE PLANNING AREA. Current Conditions Summary Citizens place a high value on water-dependent or water-related uses. For the recreational and commercial boaters alike, marinas, restaurants, bait and tackle shops that surround the shoreline in the planning area are as important as the gas and convenient stores that dot U.S. 1. The ser- vices provided by businesses located on land that support water-related activities are reliant eco- nomically as well on the water in the planning area. The need to inventory and consider the rede- velopment of water-dependent and water-related uses is included in the 2010 Comprehensive Plan in Objective 212.1 and Chapter 9J-5.12 of the Florida Administrative Code. Water-dependent uses include marinas, commercial fishing, boat launching facilities and beaches. Water-related uses include concession stands, bait and tackle shops and fish houses. Hotels and restaurants that are located on the water while not water dependent or related as in the traditional definition are economically enhanced by the location on the water. Restaurant seating and bars and concessions that are located within the shoreline setbacks and on docks within the planning area are economically enhanced and dependent on their location in close proximity to the water. These uses do not conform to the current environmental protection regulations. Water-related and water-dependent commercial uses in the planning area and their primary Real Estate Numbers include: • Blue Waters Marina(RE 488970, 489135-004300) • Mangrove Marina(RE 479170, 90340) • Curtis Marine(RE 489110) Water-related/economically enhanced because of a location on the water: • Snappers Restaurant(RE 492290) • The Weston Hotel(RE 91190) • Island Bay Resort(RE 490150) • Bay Breeze (RE 451210) • Stone Ledge Motel(RE 88640) • Dove Creek Lodge (RE 492340) • Popps Motel (RE 88590) • Travel Trailer Town (RE 486850.0002) • Coconut Inn (RE 482310, RE 482330) Economic Development Element 63 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Analysis of Community Needs Commercial Uses on the Shoreline Restaurants and motels are often financially dependent on their location on the water, because of the attraction the water provides to potential customers. Current setback regulations may make it impossible for many of these uses to redevelop if destroyed. The requirements may also make it impossible to substantially improve the facilities. There is a need to protect these uses. Marinas and Mooring;Field The four marinas in the planning area are needed water access points for the residents of the community. No new marinas should be permitted, but redevelopment and expansion of existing marinas could be encouraged if environmental regulations are followed. There is an identified need for a mooring field within the planning area and Community Harbor has been a recom- mended area for such a use. Recommended Strategies and Actions Strategy 8.1 Protect existing commercial uses that are located within the shoreline setbacks. Action Item 8.1.1: Inventory the existing commercial uses on the shoreline and document, which uses are currently within the shoreline setback. Action Item 8.1.2: Amend the Land Development Regulations to permit existing commercial uses to remain within the shoreline setbacks as long as storm water is managed and shoreline vegetation maintained. Action Item 8.1.3: Prohibit new commercial uses within the shoreline setback unless permit- ted as accessory uses. Action Item 8.1.4: Assure accessory uses permitted within the shoreline setback are properly managed to protect near shore waters. Strategy 8.2 Recognize the importance to the community and economy of existing marina facilities. Action Item 8.2.1: Encourage redevelopment of existing marinas, adding pump out facilities and controlling storm water run-off to meet existing health and environmental standards. Action Item 8.2.2: Allow expansion of existing facilities and non-livaboard boat slips, if the density does not exceed that permitted in the Comprehensive Plan and LDRs. Action Item 8.2.3: Prohibit the permitting of new marinas in the planning area. Economic Development Element 64 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 8.2.4: Encourage the implementation of a mooring field at Community Harbor, utilizing Mangrove Marina as the shore side management facility. The need for a mooring field in this location was identified in the 30 July 2002 Preliminary Planning Document for a Keys-Wide Mooring Field System. Strategy 8.3 Discourage the development of non-water-dependant commercial uses on appropriately zoned waterfront properties. Economic Development Element 65 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 SCIIII I% TRANSPORTATION ELEMENT ii �0„ it jds /„ ;„ l % l J J Illlllllllllll%ll %////// oa0i11 i v7, 11/2 f i, it Transportation Element 66 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL NINE PROVIDE FOR ALL CITIZENS OF THE PLANNING AREA A SAFE AND VIABLE TRANSPORTATION SYSTEM VIA U.S. 1, COUNTY ROADS AND THE BICYCLE/PEDESTRIAN TRAIL. Current Conditions Summary The inventory of existing roads, bridges and facilities for Tavernier Creek to Mile Marker 97 includes U.S. 1 as the principal highway with numerous local and two collector roads serving the many subdivisions. While U.S. 1 is the only state-maintained road in this planning area, Monroe County maintains 19 miles of county roads in the planning area. The Florida Depart- ment of Transportation maintains the one bridge, Tavernier Creek Bridge. U.S. 1 is a four-lane highway within the planning area, with one traffic signal at Ocean Boulevard, the location of Tavernier Towne Shopping Center and Mariner's Hospital, a major commercial center. This U.S. 1 roadway segment, in addition to the county roads in the planning area has a Level of Service(LOS) `A'. This LOS is the considered the highest standard achievable. There is a taxi cab service available in this planning area as well as a public bus system. The Dade-Monroe Express transit system provides public transportation from Florida City to Mara- thon. This is a contracted service provided through the Miami-Dade Public Transit System. Sidewalks and curb ramps are currently provided along U.S. 1 on the bayside lanes from the Tavernier Creek Bridge to Sterling Drive and on the Oceanside lanes from the Tavernier Creek Bridge to the Tavernier Hotel at MM 91.8. Curb ramps have been recently completed on U.S. 1 by FDOT to provide compliance with the Americans with Disabilities Act. Many destinations in the southern end of the planning area are easily accessible in a few minutes by walking and bicy- cling. The existing pathways for non-motorized travel on U.S. 1 are part of the Overseas Heritage Trail, a multi-agency collaboration between the Florida Department of Environmental Protec- tion, Florida Department of Transportation, Monroe County and local governments. The Over- seas Heritage Trail planned adjacent to U.S. 1 from Key West to Key Largo will provide alterna- tive transportation and recreational opportunities for citizens and visitors to the Florida Keys. The existing pathway within the study area is found on the bayside lane of U.S. 1 from MM 97 to 96.5, at this point, the trail crosses U.S. 1 and continues adjacent to the oceanside lane to the Tavernier Business District at approximately MM 92. The trail is envisioned to be widened to between 8 feet or 10 feet to accommodate two-way traffic. Current design guidelines suggest that a bike path should be provided on both sides of the roadway to discourage bicyclists riding against traffic. Transportation Element 67 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 In addition to the pathways on U.S. 1, The Monroe County 1997 Bicycle and Pedestrian Plan calls for new paths on Westbound U.S. 1 from Mockingbird Road (MM 95.5) to Tavernier Creek Bridge. A bike lane has been constructed by Monroe County Public Works on the north side of Burton Street and First Street,providing access to Harry Harris Park. In this planning area, trail designers will evaluate the use of the West side to provide a facility for two-way traffic. Environmental and existing development constraints may reduce the width in some areas to 8 feet. Analysis of Community Needs Bicycle and Pedestrian Traffic Bicycle and pedestrian traffic in this planning area is largely contained within neighborhood boundaries because of the difficulty of safely crossing U.S. 1. The community has suggested an additional traffic signal, although it would constrain traffic on this four-lane segment. Transportation Concerns At the first community workshop 43% of the respondents to the question of"what they like least about living in the islands" replied with a transportation issue — traffic congestion, noise and speed, need for acceleration/deceleration lanes, lack of adequate public transportation, need for more bike paths, road widening on county roads and alignment, etc. Recommended Strategies and Actions Strategy 9.1 Coordinate with the Florida Department of Transportation to implement measures to mitigate the impact of U.S. 1 traffic on the residential neighborhoods. Action Item 9.1.1: Explore the potential of replanting excess right-of-way in native vegeta- tion providing a visual and sound barrier along U.S. 1. Action Item 9.1.2: Consider and implement different types of traffic calming devices to im- prove the flow of local automobile, bicycle and pedestrian traffic within the U.S. 1 corridor. Action Item 9.1.3: Conduct traffic study and analysis of traffic calming methods to reduce speed limit through Town Center including narrowing of drive lanes, on-street parking, and additional landscaping. Strategy 9.2 Promote safer pedestrian and bicycle travel through signalized crossings. Action Item 9.2.1: Coordinate with the Florida Department of Transportation to provide a marked crosswalk with intelligent transportation system technologies such as: count-down signals, illuminated pushbuttons, or other appropriate devices capabilities at the signalized intersection in front of the Tavernier Towne Center(RE 89910.0001 and surrounding). Transportation Element 68 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Strategy 9.3 Improve bicycle/pedestrian environment on neighborhood streets. Action Item 9.3.1: Coordinate efforts of FDOT, County Engineering Department, and Plan- ning Department to delineate safe bicycle/pedestrian routes through the neighborhood. Action Item 9.3.2: Initiate landscaping program on designated bicycle/pedestrian routes, if necessary. Strategy 9.4 Encourage bicycle/pedestrian traffic between residential and commercial areas. Action Item 9.4.1: Work with all commercial and business owners and operators to encour- age the incorporation of bicycle parking onto existing sites and in future development plans. Action Item 9.4.2: Identify and develop safe bicycle/pedestrian routes between residential and commercial properties, which could include using aesthetic signs to mark bicycle/ pedestrian routes. Strategy 9.5 Promote bicycle and pedestrian friendly design. Action Item 9.5.1: Develop guidelines with suggestions for bicycle/pedestrian friendly de- sign during redevelopment and development of commercial properties. Strategy 9.6 Implement the recommendations of the Monroe County Bicycle-Pedestrian Master Plan. Action Item 9.6.1: Seek funding to implement the findings of the Bicycle-Pedestrian Master Plan for the construction of a bike path on the bayside from approximately MM 92 to 97 to complement the existing bike path/sidewalk on the oceanside. Strategy 9.7 Improve pedestrian safety on side streets and U.S. 1. Action Item 9.7.1: Coordinate with FDOT to stripe crossings of side streets with U.S. 1. Strategy 9.8 Improve amenities for transit users. Action Item 9.8.1: Seek funding to provide bus shelters at regular bus stops. Action Item 9.8.2: Investigate a circular transit route within the planning area. Transportation Element 69 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Strategy 9.9 Improve driver safety through the Tavernier area. Action Item 9.9.1: Work with the Florida Department of Transportation to complete the turn lane improvements and intersection improvements for the Tavernier area. Action Item 9.9.2: Work with the Florida Department of Transportation, private business owners and the community to improve the delineation of driveway access for businesses in the median at about MM 92.5 (Dairy Queen [RE 490210.0001], Shell Man [RE 490210], etc.). Fiscal Implications and Anticipated Capital Improvement Projects Of the many potential projects that are outlined in the Transportation Element, only a small number would fall under the financial responsibility of the county because most of the work pro- posed is within the U.S. 1 corridor area where money for improvements may be obtained from FDOT. There is approximately $250,000 worth of safety improvements that are planned for the Overseas Heritage Trail for which a funding source has not yet been identified, however the DEP and National Park Service, along with FDOT are partners and may provide sources of funding. Transportation Element 70 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% PARKS AND RECREATION ELEMENT PON/ l J J Illlllllllllll%ll rWho$/// eim!", i v7, 11/2 Parks and Recreation Element 71 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL TEN ENHANCE EXISTING PARK FACILITIES AND PROVIDE ADDI- TIONAL RESOURCES FOR ACTIVE AND PASSIVE LAND-BASED RECREATION AND PROTECT SHORELINE ACCESS FOR WATER BASED RECREATIONAL ACTIVITIES FOR ALL AGE GROUPS WITHIN THE COMMUNITY. Current Conditions Summary Currently, there are two parks within the planning area that are appropriately identified as county owned public recreational facilities. These facilities are actively used by both residents and visitors. Harry Harris Community Park is the oldest and largest of the two parks. It is a 16.4 acre activity-based recreational facility located at Mile Marker 92.5, which offers ball fields, basketball courts, restrooms, picnic shelters, boat ramps, swim area, and a playground. Old Settlers Park is a 3.2 acre neighborhood facility which offers light activity and some passive recreation. Although it implies "old", the Old Settlers Park was established in October 1996 and is located within the Historic Overlay of Tavernier. It is a quaint neighborhood park that offers a small trail, butterfly garden, pavilion, and a playground. Both parks provide beautiful ocean vistas that capture the Florida Key's unique environment. There are a number of"pocket-parks" maintained by the county and a few sites throughout the planning area that are slated to become parks in the future. Currently, there are two county owned sites, Sunset Point and Sunny Haven that are existing parks, however they remain pri- marily undeveloped. These locations are less than an acre in size and support residents and visi- tors within walking or biking distance. Currently, there are plans to improve the boat ramp and include a dock and kayak launch at the Sunset Point Park. Another two acre parcel located at Mile Marker 95.5 bayside, known as Varadero Beach, is entirely undeveloped, and slated to be- come a passive pedestrian oriented park. The name Varadero means `boatyard' in Spanish. The county-owned property at mile marker 95.5 was named in reference to the popular resort location on the Peninsula de Hicacos in Cuba, which attracts vacationers from all over the world. Unlike the 12 mile peninsula in Cuba, Vara- dero Beach in the planning area offers pedestrian access to the bay for swimming. It is desig- nated as a motor boats prohibited zone within 300 feet of the shoreline in the cove. This code was enacted in order to protect natural aquatic resources and ensure the protection of the health, safety, and quality of life for both residents and visitors. In addition to participating in land-based recreation, many residents and visitors spend their lei- sure time engaged in recreational activities on the water or at its shoreline. The Monroe County Comprehensive Plan specifies in Goal 213 that the county shall ensure adequate public access to the beach or shoreline consistent with public need and environmental constraints. Due to the high demand for residential waterfront property and the significant focus on development,public access to the shoreline has become severely limited. Within the planning area, Harry Harris Park offers the most ideal location for water-based activities. The community park offers two boat ramps, parking for boat trailers, swim area, and locations for fishing along the shoreline. Parks and Recreation Element 72 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 The high volume of boating activity during weekends, peak season, and holidays creates diffi- cult parking conditions. The large volume of traffic at Harry Harris Community Park, has con- vinced some community members to seek alternative locations for water-based activities and shoreline access. There are four county owned parcels with shoreline access, as well as twelve locations where access exists at the end of local streets. These locations have been utilized for launching boats, windsurfing, and fishing. These locations offer no parking and are only large enough to serve the surrounding neighborhood. Along with the number of locations for land and water based activities, there is an existing bike Table 8.1 Public Shoreline Access Points Name Access Descrii ,"oa Possibbe Use >Access to Sunny Haven Public Park >Pedestrian and bike access Beach Ocean Natural shoreline >Swimming and fishing >Non-motorized boat access >Non-motorized boat access >Bike and pedestrian access Carribean Ave. Dove Creek Natural shoreline >Undesignated parking on shoulder of road >Fishing >Deep water access forboats (no parking) >Pedestrian and bike access Jo-Jean Way Bay Surfaced boat ramp >Non-motorized boat access >Fishing >Deep water access with perimeter canal >No parking Lobster Ln. Ocean Un-surfaced boat ramp >Bike and pedestrian access >Fishing >Deep water access no boat ramp Lowe St. Ocean Natural shoreline >Pedestrian and bike access >Fishing >Pedestrian and bike access North Sunrise Dr. Ocean Eroding fill >Non-motorized boat access >Fishing >Pedestrian and bike access Ocean View Dr. Ocean Natural shoreline >Non-motorized boat access >Fishing >Deep water access for boats (no parking) >Pedestrian and bike access Sunrise Dr. Ocean Surfaced boat ramp >Non-motorized boat access >Fishing Source:Monroe County Planning Department Parks and Recreation Element 73 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 pi w Existing Public Recreation Areas AN l�iQ V P "m da �^�✓ Y r! �Y ^ n '�u � M Public c Recir tion Area u y id n' J � y H4 ffafrU', i r� r c Oki SwUhm s Wank ras �rw orb 'iu',Vn:WW�YI�JN OI d4uD'�a�w^V,xWrWN''`W N�U''k,'EA'd1'W17&,�N7'A7rVMWwu {wN�p✓sanfrcmP,f� '�W�a�dl�vww rcmah'x�,mr�M.�v,«�x� n NSb,ravw wsMns:m�up,� um�aE xa YY ra ',vmvWn,Mru9 MW�rz°3.rmmwrb�m J^� �.rN,aN�k IWa �:,� p �'MW,mw;gm� w.Gmmtl�:el,�mimrc�atdn¢wmw�a.imi, �M.M ___ rMNmc,��-- ...�� ^'MXwI&Mrv�i�PA r.?Y,°,NW N'�➢v ��Unmm�Pv.a Psi Figure 8.1 Existing public parks and recreation areas. Parks and Recreation Element 74 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 path that abuts the U.S. I corridor. Currently, the Department of Environmental Protection (DEP) is in the process of enhancing the bike path through the Florida Keys Overseas Heritage Trail Program. It accommodates bike and pedestrian oriented leisure activities, as well as pro- viding alternative modes of transportation. Finally, there are a number of private businesses and homeowners parks sprinkled throughout the community that supplement the variety of recrea- tional opportunities. Analysis of Community Need Enhance Recreational Services and Infrastructure During the LCP process, the public expressed an interest in having a public pool and a commu- nity center among the recreational services provided within their community, as well as the need to update the current facilities at Harry Harris Community Park. Due to the lack of available land and geographical constraints, Harry Harris Park is an ideal location to provide a wider range of services. Existing neighborhood recreation areas, Sunny Haven, Sunset Point, as well as other potential sites should be evaluated for utilization and the need for new or updated facili- ties. A network of trails and waterways designed to connect both community and neighborhood parks together would create a comprehensive recreational system for all ages with diverse inter- ests to enjoy. Expand Passive Resource-Based Recreational Opportunities There is a lack of accessibility and circulation for passive recreation within the Tavernier Creek to Mile Marker 97 planning area. Passive recreation differs from activity-based recreation in its focus on type of activity and geographical location and size. Passive recreation activities occur within particular natural and/or cultural settings. These parks are typically developed through a series of linear winding paths and/or circulation systems, which differ from activity-based rec- reation that is more conducive within large unobstructed open areas. Passive resource-based recreation areas are typically located within conservation lands, which provide a dual benefit for the community. These locations offer a recreational amenity while effectively maintaining the preservation of an ecosystem. Protect and Increase Public Shoreline Access During the Livable CommuniKeys Process,protecting and increasing public access to the shore- line was indicated as a priority within the Tavernier Creek to Mile Marker 97 planning area. Public access is limited, and therefore a majority of residents and visitors must rely on county- owned parks to gain access. There is a need for the county to designate or acquire public lands for the primary purpose of providing shoreline access with facilities to accommodate water- based activities. Recommended Strategies and Actions Strategy 10.1 Provide a balanced and comprehensive park and recreation system available to the community. Action Item 10.1.1: Receive and review the results from the county wide parks and recrea- tion master plan currently being conducted in order to identify opportunities within the plan- ning area. Parks and Recreation Element 75 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 10.1.2: Allow for the upgrade of current facilities at Harry Harris Community Park to accommodate needed changes and evolved interests. Action Item 10.1.3: Develop and/or enhance the facilities at Sunset Point and Sunny Haven to provide additional recreational opportunities for residents and visitors within walking and/ or biking distance. This may include passive and/or active recreational uses such as green space, boat ramp, volleyball court,playground and similar uses. Action Item 10.1.4: Identify locations and prioritize land acquisition for small local "pocket- parks" in neighborhoods, which do not have existing public or private recreational facilities within walking distance of the residents being served. Action Item 10.1.5: Coordinate with state and federal agencies, non-profit organizations, as well as other private and public entities to ensure that passive and active recreational oppor- tunities are being provided to all users, in conformance with standards adopted by the American Disabilities Act. Strategy 10.2 Develop a system that will guide the acquisition, design, and development of county owned pub- lic parks and recreational facilities within the Upper Keys to ensure that the future needs of the community are being met. Action Item 10.2.1: Establish a Parks and Recreation Forum for the Upper Keys, including representatives from public and private agencies as well as interested citizens who are re- sponsible for overseeing parks and recreation development and to ensure the delivery of ef- fective and efficient services. Action Item 10.2.2: Build and foster meaningful public and private partnerships within the community to ensure equitable distribution of services throughout the Tavernier Creek to Mile Marker 97 planning area. Action Item 10.2.3: Prioritize development and services which will maximize the number of opportunities while accommodating the needs of all users. Action Item 10.2.4: Utilize available resources and potential funding opportunities to fund capital improvements projects to enhance parks and recreation facilities, services, and opera- tional support. Strategy 10.3 Enhance current passive recreational areas to provide adequate accessibility and outdoor educa- tion opportunities to all users, while maintaining the sensitive natural and cultural resources within the planning area. Action Item 10.3.1: Provide a variety of appropriate quality passive recreational activities and outdoor educational opportunities where consistent with overarching environmental con- servation responsibilities. Parks and Recreation Element 76 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 10.3.2: Design and establish trail improvements to blend with the natural envi- ronment. Provide improvements and management practices in sensitive habitats adequate to protect the natural resources. Action Item 10.3.3: Advocate responsible stewardship of natural resources through the de- velopment of an interpretive educational program within passive recreational areas. Action Item 10.3.4: Prioritize the acquisition of public recreational lands to maximize the preservation of scenic vistas, undeveloped views, and access to water resources. Action Item 10.3.5: Provide a trail system off U.S. I corridor, with posted access points and passive recreational facilities to accommodate appropriate uses that connect existing and fu- ture parks to the greatest extent practical. Action Item 10.3.6: Incorporate historically significant sites into the design and development of parks within the Tavernier Historic Overlay district to promote cultural education and awareness. Strategy 10.4 Protect and maintain all existing public shoreline access points within the planning area. Action Item 10.4.1: Identify potential shoreline access points and parcels within the planning area. Action Item 10.4.2: Do not allow abandonment of county-owned land with access to the shoreline. Action Item 10.4.3: Reclaim county-owned public shoreline access points. Action Item 10.4.4: Survey the community to determine the need for minor improvements that will enhance recreational opportunities. Action Item 10.4.5: Identify and post signage at all public access points. Action Item 10.4.6: Work with interested residents to provide low-impact amenities at public access points within their neighborhoods. Strategy 10.5 Make additional shoreline access available to the public, which offers opportunities for safe and diverse water-based activities while protecting the integrity of the natural environment and the residential community character. Action Item 10.5.1: Make the acquisition of land with shoreline access a priority between Tavernier Creek and Mile Marker 97. Parks and Recreation Element 77 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 10.5.2: Coordinate work and activity with other agencies and groups, including but not limited to the Florida Keys Overseas Paddling Trail Program, Monroe County Ma- rine Resources, National Oceanic and Atmospheric Administration and the DEP Division of Recreation and Parks, to further ensure harmony and consistency with the overall protection and preservation of beaches and shoreline within the county. Action Item 10.5.3: Implement appropriate mechanisms for regulating boating activities lo- cated within 300 feet of county owned public land with shoreline access in order to provide appropriate locations for diverse water-based recreation activities and to ensure public safety and environmental protection. Action Item 10.5.4: Develop a pedestrianibicycle park at the property recently purchased by the county at MM 95 (a.k.a. Varadero Beach). Fiscal Implications and Anticipated Capital Improvements Projects The Parks and Recreation element outlines numerous potential capital improvement projects, from the acquisition of pocket parks to the improvement to existing facilities and shoreline ac- cess points. However, to determine costs of the proposals outlined in the plan, the types of fa- cilities the community wants must first be determined. The ongoing Parks and Recreation Mas- ter Plan process will shed some light on what improvements or acquisitions need to take place, but until the time that specific projects are identified, a cost estimate is not possible. Parks and Recreation Element 78 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 July 4, 2004 i I% / � COMMUNITY FA CILITIES ELEMENT PON/ l J J Illlllllllllll%ll MOVE eim!", 12, v i x Ohl Community Facilities Element 79 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GO L ELEVE PROVIDE ADEQUATE PUBLIC FACILITIES TO SERVE THE EXIST- ING AND FUTURE NEEDS OF THE TAVERNIER CREEK TO MM 97 PLANNING AREA Current Conditions Summary Sanitary Wastewater and Storm Water Management Certain public facilities are already planned including sewer and storm water management facili- ties. The Monroe County Sanitary Wastewater Master Plan sets out priorities for provision of advanced wastewater treatment to the county for "hot spots" where collection and centralized treatment systems are recommended. Facilities are required to be available by 2010 in order to fulfill Comprehensive Plan and Florida Law mandates. Even if these schedules fall behind it is safe to assume that these facilities will be built within the twenty-year planning horizon of this Master Plan. Major subdivisions slated for service include Harris Ocean Park, Palma Sola, Sherrill Park, Hammer Point Park and area along U.S. 1. The Storm Water Management Master Plan contains mainly regulatory and nonstructural im- provement recommendations for handling storm water. The plan identified needed retrofit pro- jects in the planning area, they were not considered either a high or medium priority. Listed pro- jects include the Pipe at the end of Jo Jean Way in Community Harbor and the intersection of Burton Drive and U.S. 1. Localized flooding in areas with large parking lots are a problem throughout the Keys. Schools The school age children in this planning area attend school in either Islamorada or Key Largo. Monroe County, over the last ten years has been an area of"losing" school population. In this planning area persons below age twenty decreased by four percent. Currently there are approxi- mately 522 school age children (ages 5 to 17) in the planning area. Population projections for the planning area estimate an additional 155 to 234 persons over the twenty-year planning hori- zon. If 20% of these persons, as represented in the 2000 Census, are below twenty(20) years old it will result in an additional thirty (30) to forty-seven (47) students by 2024. The percentage of seasonal units in the area may continue to increase, which will reduce the actual number of school age children. Public Water Supply The Florida Keys Aqueduct Authority provides public water to the planning area, there is suffi- cient capacity allocated to service the proposed population increase. Monroe County Fire Rescue Services Monroe County Fire Rescue Services oversee the operations of career and volunteer fire/rescue and emergency medical service in unincorporated Monroe County. Monroe County and the study area from Tavernier Creek Bridge to Mile Marker 95 is well served by the Tavernier fire station located in Tavernier at 151 Marine Avenue, Tavernier, MM 92. The Key Largo fire sta- tion serves the study area from MM 95 to MM 97. The Tavernier fire rescue station is staffed 2417 by two (2) full time paid fire fighter/paramedics augmented by volunteer fire fighters. The Tavernier fire rescue station is provided with the fol- Community Facilities Element 80 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 lowing equipment: two (2) Advanced life support (ALS) ambulances, two (2) fire engines and one (1) ladder truck with ninety-five (95) ft. ladder extension. The Fire Rescue Services Depart- ment will respond to emergency calls with one (1) ALS Ambulance staffed by one (1) fire- fighter/paramedic and one (1) firefighter/emergency medical technician, and one (1) fire engine staffed by one (1) firefighter/paramedic. Planned upgrades to the Tavernier fire rescue station will provided improved living accommodations for crew and a more efficient station design. Fire rescue uses 2000 to 3000 gallon water tankers to compensate for issues concerning the loca- tion and supply of water for fire suppression. The water tankers are used to transport water for fire suppression to the fire. Additional tankers are brought on scene as needed. The existing four (4) inch water pipes throughout much of the planning area have inadequate water pressure for fire suppression. The Florida Keys Aqueduct Authority is replacing the four (4) inch pipe with six (6) inch pipe when repairs are made. The six (6) inch pipe is sufficient for fire suppression. Additional water for fire suppression is made available through fire wells consisting of six (6) inch pipe extending ninety (90) feet into the ground to salt-water. Salt-water wells provide an acceptable supply of water for fire suppression. Fire Rescue Services annually inspects each fire well to determine if it can supply sufficient water for fire suppression. Monroe County Fire Rescue Services has a mutual aid agreement with the Islamorada Fire De- partment. If a structural fire occurs within the study area the Tavernier fire station works coop- eratively with the Islamorada Fire Department and the Key Largo fire station to suppress the fire. Monroe County Fire Rescue Services is the primary emergency medical services ambulance pro- vider for the Tavernier Creek to MM 95 area. North of MM 95 ambulance services are provided by the Key Largo Ambulance. Emergency medical services will respond emergency medical calls with one (1) ALS Ambulance staffed by one (1) firefighter/paramedics and one (1) fire- fighter/emergency medical technician. The Fire Marshal's office working with the Monroe County Building Department provides analysis and review of proposed construction plans to identify fire related concerns and to build fire safety into the finished project. The Fire Marshal's office also provides for yearly fire safety inspections of commercial properties and assembly occupancies. Other Public Facilities and Services Other public facilities and services are provided to the community from adjacent facilities in the Village of Islamorada and/or Key Largo, including libraries, a senior center, sheriffs substation and county office buildings. Analysis of Community Needs Wastewater and Storm Water Management Facilities. According to the Sanitary Wastewater Master Plan and Storm Water Management Master Plan these types of facilities are scheduled to be installed in the planning area within the twenty-year planning horizon. Collection systems will be installed in the right-of-ways of existing roads. Al- though the timing of these facilities is laid out in their respective plans implementation of both plans has fallen behind schedule. There is also a need to re-evaluate projected sewer and storm water layouts in relation to new development patterns introduced through this Master Plan. Community Facilities Element 81 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Water Supply for Fire Suppression There is a need to continue the Florida Keys Aqueduct Authority upgrade program of the water distribution system that is replacing four (4) inch pipe with six (6) inch or larger pipe and to identify areas where saltwater wells can be installed to assure sufficient water is available for fire suppression. Response to Emergency Calls, Location and Building Identification It is sometimes difficult for Monroe County Fire Rescue, fire suppression and emergency medi- cal services, to locate an emergency call location due to inadequate addressing on buildings. There is a need for all buildings to be identified and addressed in locations clearly visible from the street. Fire rescue recommends six (6) inch numbers in contrasting colors to the background. Law enforcement has a similar issue and would also find this helpful. All Facilities and Services The public needs to be assured that there will be sufficient public facilities to serve the current and projected population throughout the twenty-year planning horizon. Recommended Strategies and Actions Strategy 11.1 Continue to prepare a yearly report detailing the adequacy of public facilities in the County and highlighting specific areas where inadequacies exist or areas that approaching inadequacy. Action Item 11.1.1: Present the report to the Planning Commission at the Key Largo Plan- ning Commission meeting so the public is made aware of any inadequacies and any plans for improving service to the area. Action Item 11.1.2: Coordinate closely with the Board of Education, Fire Marshall, Florida Keys Aqueduct Authority, the Key Largo Sewer Authority and other agencies and organiza- tions providing services and facilities to the planning area. Strategy 11.2 Increase the availability of water for fire suppression. Action Item 11.2.1: Bring all residences to within 800 feet of a fire hydrant and all commer- cial uses within 500 feet of a fire hydrant by working with the Monroe County Fire and Res- cue and the Florida Keys Aqueduct Authority as the two agencies continue to install hydrants and replace aqueduct pipes. Action Item 11.2.2: Identify priority areas for pipe upgrading based on a fire needs assess- ment conducted by Monroe County Fire Rescue Services and work with the Florida Keys Aqueduct Authority to include priority areas into their work plan. Action Item 11.2.3: Identify necessary fire well and hydrant locations during construction plan review and make necessary fire wells and hydrants a requirement of construction plan and building permit approval. Action Item 11.2.4: Continue the program of the Fire Rescue Services to inspect salt water Community Facilities Element 82 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 wells annually to determine continuing suitability as a supply of water for fire suppression. Order repair or replacement of fire wells as necessary. Strategy 11.3 Protect the public health and safety by requiring that all buildings be identified with street num- bers of at least six (6) inches in height in contrasting colors to the background placed in a loca- tion clearly visible from the street so they can be located in case of an emergency. Action Item 11.3.1: Require that all buildings be addressed using numbers of at least six (6) inches in height placed in a location clearly visible from the street as part of the review for new construction and remodeling projects and as a condition of building permit approval. Strategy 11.4 Develop new and expanded public facilities to the level necessary to adequately serve existing and future development over the twenty-year planning horizon. Public facilities development shall also be consistent with the Year 2010 Comprehensive Plan. Action Item IL 4.1: Install a sanitary sewage treatment system in accordance with the Mon- roe County Sanitary Wastewater Master Plan. Components may include centralized or clus- ter facilities for collection and treatment, all of which shall be developed on disturbed and/or scarified uplands or in existing rights-of-way. The projected sewage treatment requirements for the planning area should be revisited and confirmed to be consistent with the final devel- opment plan adopted pursuant to the Master Plan. Action Item 11.4.2: Allow installation of stormwater treatment systems in accordance with the Monroe County Stormwater Management Master Plan. Any facilities installed for cen- tralized collection and treatment should be developed on disturbed and/or scarified uplands or in existing rights-of-way. Fiscal Implications and Anticipated Capital Improvement Projects The largest known public facilities project to be undertaken by the County over the 20 year plan- ning horizon is the provision of sanitary sewer services to the planning area. According to the Sanitary Wastewater Master Plan (SWMP) the planning area is the ranked fifth out of 21 `hot spots' in the Upper Keys in order of importance for the installation of sanitary sewer facilities. Currently the County is working on the number two ranked `hot spot' in the Upper Keys. The Key Largo Wastewater Treatment District is the deciding body for the provision of wastewater service to the planning area. The SWMP estimates that the Tavernier regional wastewater col- lection system will cost approximately 8.6 million dollars. Additionally, improvements to the Tavernier Fire station are moving forward as of the writing of this plan including renovation of the existing structure and the addition of living quarters. The budgeted amount for the Tavernier fire station is $600,000. 83 Li(AMWg OMMeY � yl-avernier Creek Bridge to Mile Marker 97 h JI rrw ,�r , o % Oil Pilo/ (11111�J ONF p Of 84 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 GOAL TWELVE CONTINUE TO SUPPORT THE LOCALIZED SENSE OF COMMU- NITY, WHICH ENCO URA GES CITIZEN INVOLVEMENT IMPLE- MENTING AND MONITORING THE LIVABLE COMMUNIKEYS PROGRAM(LCP) MASTER PLAN Current Conditions Summary The community has demonstrated their interest in planning for the future of the Tavernier Creek to MM 97 planning area by attending workshops, community meetings, responding to surveys and sending correspondence to the planning department concerning what they wanted to achieve in this planning process. Continuous community feedback has allowed staff to gain an under- standing of the needs and desires of the community. The community interest has kept the project on track moving forward toward the Vision. Four Livable CommuniKeys News Letters were written and distributed to all residents of the community and to property owners who may live in a different location. The newsletters were an outreach effort to the community, as a whole, to assure that everyone had an opportunity to become informed about the issues being addressed. Each of the three LCP workshops was well attended by interested residents and business owners in the area. Policy 101.20.1 of the 2010 Comprehensive Plan directs that the LCP Master Plans be devel- oped following certain principles. Principle Two states that the community master plans will in- clude a monitoring mechanism to provide accountability to the communities. Principle Five di- rects that "each Community Master Plan will include mechanisms allowing citizens continued oversite and involvement in the implementation of their plans. Through the Community Master Plans, programs for ongoing public involvement, outreach, and education will be developed." Analysis of Community Needs Continuing Community Involvement Mechanisms need to be developed to assure that the citizens of this planning area are kept in- formed and have an opportunity for meaningful comment on plan implementation and required LDR text amendments and progress on the corridor enhancement plan. Recommended Strategies and Actions Strategy 12.1 Provide updates to the community on all aspects of plan implementation and the status of public projects in the planning area. Action Item 12.1.1: Work closely with the County communications office to distribute infor- mation through press releases and the "hot topics" page on the web site. Community Involvement Element 85 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Action Item 12.1.2: Continue to provide speakers to civic and service organizations to dis- cuss LCP Master Plan issues. Action Item 12.1.3: Publish and distribute a public newsletter on a periodic basis to provide community awareness and update on the progress. Strategy 12.2 Establish a committee to advise the Planning Commission on project proposals within the identi- fied corridor. Action Item 12.2.1: The Board of County Commissioners shall appoint five to seven Com- mittee members to include representatives from the business community, the general citi- zenry, and design professionals to serve as volunteers reviewing and commenting on plans for projects and improvements along the corridor. Action Item 12.2.2: Specify procedures for Committee review of development and redevel- opment proposals concerning conformance to the architectural guidelines in the Tavernier Corridor Enhancement Plan. Action Item 12.2.3: Hold all meetings of the Committee in a public forum and advertise the date and agenda following the Florida"Sunshine" Law requirements. Action Item 12.2.4: Support the Committee by having the planning department provide tech- nical and secretarial staffing, mailings, advertising, and preparation of Committee reports. Strategy 12.3 Develop a detailed staff work program to implement the Tavernier Creek to MM 97 Livable CommuniKeys Master Plan. Action Item 12.3.1: Prioritize Action Items and develop a timeline completion. Action Item 12.3.2: Involve the community in reviewing the prioritization during a Planning Commission public meeting. Action Item 12.3.3: Monitor progress on the work program by preparing a yearly report to the Board of County Commissioners and the Community. Community Involvement Element 86 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 I% CAPITAL COSTS SUMMARY PON/ l J J Illlllllllllll%ll rWho$/// eim!", i v7, 11/2 Capital Costs Summary 87 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Capital Costs Summary While there are significant capital costs to fully implementing the Tavernier Creek to Mile Marker 97 Livable CommuniKeys Plan, the majority of them will be shouldered by the state and federal government, or are unknown at this time due to the need for further community input. Table 11.1 below outlines the known and potential capital costs which are outlined in various element of this plan. The table indicates an approximate cost as well as the source of funds (if known at this time). Table 11.1 Fstimated cost of ca ital im rovements Project Cost Source of Funds Tier I Acquisition $ 1,500,000 Unidentified Tier H and Tier III Hammock lots $ 600,000 Unidentified Overseas Heritage Trail $ 250,000 FDOT/DEP/National Park Service Wastewater Treatment Facilities $ 8,600,000 Sources outlined in SWMP Total Cost of Capital Improvements $10,950,000 The major fiscal implications found within this plan are based upon the proposed acquisition of environmentally significant lands within the planning area. Within the Historic District bounda- ries (including the proposed expanded historic boundary), there are approximately 30 vacant, private parcels Tier 11 and Tier III that contain fragments of hammock with a taxable value of approximately $600,000. There are roughly 392 private, vacant Tier I parcels targeted for acqui- sition within the entire planning area with an approximate assessed value of$1.5 million. Of the many potential projects that are outlined in the plan, only a limited number are defined enough to estimate a cost. Capital Costs Summary 88 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Glossary This glossary is intended to supply general definitions of planning terms and is not intended to serve as a legal reference. Acquisition Areas Land identified for public acquisition by County, state and federal govern- mental agencies including land to be acquired as part of the land acquisition program and smart growth initiatives of the Monroe County 2010 Comprehensive Plan and Livable CommuniKeys Program to secure for conservation and passive recreation purposes privately-owned environmen- tally sensitive lands, to limit sprawl by retiring development rights on privately-owned vacant lands and to acquire land for affordable housing. Action Items —Comprehensive plans and plans such as the Tavernier Creek to MM 97 Master Plan are written in a way that goes from the general to the specific. Issues are identified, strate- gies are developed to explain what you are going to do to address the issue and action items are developed that tell you how the strategy will be carried out. Active Recreational Facilities - Facilities, which provide for organized leisure-time activities requiring equipment and taking place in a prescribed places, sites or fields such as a tennis court, racquetball court, basketball court, spa/exercise room,playfield/playground, miniature golf course, golf course and fitness course. Addendum—This is an addition or supplement to the Livable CommuniKeys Master Plan. You will usually find the Addendum at the end of a report or plan and it provides additional explana- tion of terms and will often provide the background information that supports statements made in the main body of the report or plan. Adaptive Reuse—The development of a new use for an older building or for a building origi- nally designed for a special or specific purpose. Adaptive reuse is particularly useful for preserv- ing historic structures. Affordable Housing - Housing with a controlled sales price or rent within the means of a low to moderate—income household. Allocations for affordable housing are divided into 50% for those making less than the medium income(currently $57,200) and 50% for those making 120% of the medium income. The Planning Department requires a yearly report of the income of occupants of rental units and the income of a buyer upon the sale of an owner occupied unit. Archeological and Cultural Resources —Resources that embody and reflect the county's his- torical, cultural, archeological, and architectural heritage, as reflected in such individual sites, dis- tricts, and archeological areas. Buffer -Any space that separates uses. For example, buffer yards are required along the front of businesses that are located along U.S.1. The buffer can range from twenty feet to five feet in width depending on the quantity of trees and shrubs planted in the buffer. Building Footprint -The area under a building. 89 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Built Environment—This refers to the development placed on land and includes streets, com- mercial buildings and houses. It is the opposite of the natural environment which is land that has not been built upon or changed from the way it was. Bulk Regulations —Refer to the limitations placed on development and include restrictions on the size and height of buildings and restrictions on the placement of buildings on a site including the distance the building must be placed from lot lines. Calming Devices - Devices used to slow traffic on residential streets to increase safety and im- prove the quality of life in the neighborhood. Some examples of traffic calming devices would include stop signs and speed bumps. Capital Improvements - These are major county funded projects that include road,park, library, public buildings, emergency services and police facilities. They often take years to plan and months to construct. Certificate of Appropriateness —A"Certificate of Appropriateness" would be granted by the Historic Preservation Commission after reviewing the proposed changes to an historic structure and finding that the changes are consistent with the guidelines established to guide work on his- toric structures. Cistern -An artificial reservoir e.g. an underground tank, for storing water collected. Cluster -A development design technique that concentrates buildings in specific areas on a par- cel to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas. Commercial—A land use category that includes businesses intended to serve the needs of the public including services, retail sales and professional services. Community Center —For the purposes of the Livable CommuniKeys Master Plan the area from MM91 to Burton Dr.. It is the focus of community activity due to the dominant land use pattern of commercial and other non-residential uses. Community Corridor Area- Refers to the area between MM91 and 93.5 where businesses are concentrated. Community Center Overlay District—A zoning district that will be applied over and in addition to the existing zoning and that will add specific regulation to areas where mixed-use development will be focused. Community Character —In general, this refers to the essential characteristics of a community without which that community would lose its unique identity. They are the elements that define a place. The whole of the LCP Plan serves to define the community character in summary the com- munity character for Tavernier Creek Bridge to Mile Marker 97 is defined by the area's existing small town community island character, the "conch-style" houses, the green spaces that separate uses and its relationship to the water. 90 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 July 4, 2004 CommuniKeys Program—This is a local community planning initiative of the Monroe County Planning Commission and the Planning & Environmental Resources Department. The Livable CommuniKeys program is the forum in which community and redevelopment plans that offer a clear direction for each community's future are prepared. Comprehensive Plan -Means the Monroe County Comprehensive Plan, which constitutes the required elements of the County's Comprehensive Plan adopted pursuant to Section 163.3177, Florida Statutes. The comprehensive plan contained a direction to develop "Community Master Plans" to guide development in the Keys. Out of this direction Individ- ual plans have been developed and are being developed for distinct areas of the Keys. The Stock Island plan and Tavernier Creek to MM 97 plans are underway and soon work on the Key Largo Plan will begin. Conch Style - The common local name given to an early building style of classic Conch Houses of Key West and the Florida Keys, based on American and Bahamian traditions, util- izing available materials to create structures adapted to this climate. Typical examples are small, wood-frame buildings set on piers with front porches. The earliest surviving examples in Tavernier date from the early twentieth century. Conservation Area —An area that has been set aside for careful preservation and protection by the state or county in order to manage natural resources to prevent exploitation, destruc- tion, or neglect. Contextual - The interrelated conditions in which something exists or occurs. A building or object can be said to be contextual if it fits within the environment established by the commu- nity character. A home painted purple and gold may be appropriate in Minnesota the home of the Minnesota Vikings but the color choice may be said to be out of context within an area of "conch-style houses" that are predominantly white with green or blue trim. Setbacks and bulk may also be a contextual element in a neighborhood. Dens i —The number of dwellings that may be constructed on a property as measured in dwelling units or rooms per acre. In order to determine the actual numbers of dwelling units or rooms that may be constructed, first you must subtract from the property all land that can not be built upon such as bay bottom and wetlands to arrive at the net buildable area of the site. Maximum Net density then refers to the maximum density permitted to be developed on the net buildable acreage with the transfer of development rights (TDR) or bonus for em- ployee housing. Development - Development means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land or water, or the subdi- viding of land into two (2) or more parcels. Employee Housing -An attached or detached dwelling unit that is intended to serve as af- fordable,permanent housing for working households, which derive at least seventy (70)per- cent of their household income from gainful employment in Monroe County and meet the re- quirements for affordable housing; 20% of the employee housing units may be market rate housing as per sections 9.5-4(A-5) and 9.5-266. (Ord. No. 19-1989, § 1(PD11A); Ord. No. 47- 1999, § 2; Ord. No. 003-2002, § 1) 91 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Exotic Vegetation—See Invasive Exotic Garden-Type Apartments —Two or three story multifamily structures generally built at ten to twenty dwelling units per acre, and including related off-street parking, open space and recreation. Green Space—See Open Space Habitat—The sum total of the natural conditions and environmental factors in which a plant or animal lives. Hammock—A subtropical forest that is a rare habitat in the Florida Keys, especially those located five (5) or more feet above sea level, with a diverse assemblage of plants and trees and that provides habitat for native birds and mammals. Historic District—Area identified in the Monroe County 2010 Comprehensive Plan and on the Future Land Use Map as a Historic District because of the historic significance of the area. There is a current Tavernier Historic District designation. Historic Site (Historic Property) -A location which has been identified as having a special significance to the history, pre-history, architecture or culture of a community. A historic site may or may not have structures on it, its importance comes more from what significant event took place at that location than what is built upon it. Historic Overlay -A method used to add additional zoning regulations to a specific area which are applied in addition to the standards of the underlying or base zoning. These can be used to add extra protection to areas of historic significance. Institutional - A zoning designation reserved for uses which serve the recreational, religious, educational, cultural or health needs of the community, including educational and scientific research facilities. Invasive Exotic - Means non-native vegetation; invasive exotic plants north of the Seven Mile Bridge include Melaleuca(Melaleuca quinquinerva), Australian Pine (spp. Casuarina), Bra- zilian Pepper (Schinus terebinthifolius), Leatherleaf(Colubrina asiatica), and Sapodilla (Manilkara zapota). Land Use— The current uses on the land, whether residential, commercial, industrial, vacant or other. Lot (also Platted Lot and Recorded Lot) —A parcel of land, that has been legally subdivided and a plat recorded, of at least sufficient size to meet minimum zoning requirements for use, coverage, area and to provide such yards and other open spaces as are required in the land de- velopment regulations. Monroe County Wastewater Master Plan - See Sanitary Wastewater Management Plan 92 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Mooring Field -An area, off shore, in which there exists facilities and typically a designation for the purpose of securing watercraft. National Register of Historic Places - The list of historic properties significant in American his- tory, architecture, archeology, engineering, and culture, maintained by the Secretary of the Inte- rior, as established by the National Historic Preservation Act of 1966. Nonconforming Structure -A lawfully existing (permitted) the size, dimensions, or location of which does not comply with all of the current standards and regulations; for example the structure may be built too close to the shore line or it may have been constructed below the flood level. Nonconforming Use—A use or activity that was lawfully existing (permitted), which because of changes in the standards and regulations, fails to conform to the present regulatory requirements. A business that was permitted and conforming once legal at its location may be made noncon- forming if the Comprehensive Plan or Land Use Regulations are changed so that the use is no longer allowed at its present location. Open Space - That portion of any parcel or area of land or water which is required to be main- tained such that the area within its boundaries is open and unobstructed from the ground to the sky. Ordinary Repairs or Maintenance - The work done to prevent the deterioration of a building or structure, or any part of a building or structure, by keeping the building or structure as nearly as practicable to its condition before any deterioration, decay, or damage. Parcel—For the purpose of this LCP Plan,parcel refers to any quantity of land that can be de- fined by location and boundaries and may or may not be legally subdivided and recorded. A lot is a parcel of land, but a parcel of land is not necessarily a lot. Passive Recreational Facilities (Land-Based) —Facilities which provide for unorganized lei- sure-time activities that do not require equipment but that take place in nature trails and garden areas are some of the activities that could be described as passive recreational opportunities. They offer an opportunity to enjoy nature and the outdoors without taking part in the type of strenuous activities that are offered by such facilities as ball parks, swimming pools and soccer fields. Permanent Residential Unit-A dwelling unit that is the home of a permanent, full time resident of the area and counted as such in the census; not a Seasonal Residential Unit or a Transient Resi- dential. Perpetuity- The state of continuing for a long time or indefinitely. Planning Area - Specific to this plan the Planning Area refers to the area between approximately Tavernier Creek and Mile Marker 97 that is covered in the Livable CommuniKeys Master Plan. Platted Lot—A lot which is part of a platted subdivision for which the subdivision plat has been recorded in the office of the clerk of the circuit court of the county 93 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 Pocket Park—A small park that may be as small as one lot in area which is used for passive rec- reation or which may contain playground equipment for small children. Public-Private Partnership -A merging of public and private resources to achieve an end result or product that would be difficult to achieve through public or private activity alone. Rate of Growth Ordinance (ROGO) - The point system that it used to determine the allocation of residential building permits. Reconstruction (Historic Structures)—The process of reproducing by new construction, the ex- act form and detail of a demolished building, structure, or object, as it appeared at a certain point in time. Renovation or Rehabilitation of Historic Sites - Referring to the sites that have historical or cul- tural significance, and meaning the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, cul- tural, and archeological values. Rental Units —Housing occupied by a tenant paying rent to an owner. Restoration - The act or process of accurately recovering the form and details of a historic prop- erty and setting, as it appeared at a particular period of time, by means of the removal of later work or by the replacement of missing earlier work. Sanitary Waste Water Master Plan -Adopted in May 2000 by the Board of County Commis- sioners and in the process of being implemented, the objective of the plan is to provide an equita- ble, ecologically, sound, and economical implementation strategy for managing wastewater and improving the water quality of the Florida Keys. Scarified Land -An area that is cleared of native vegetation, or topographically modified such that the land is not presently in a successional sequence leading to the establishment of the vegeta- tive communities that were cleared or disturbed. Setback—The distance a structure is required to be from the property line, another structure and/ or the shore line. Site—The term is meant to identify a location such as a space of ground occupied or to be occu- pied by a building. Sprawl - Growth of urban area that is scattered, unplanned, and unchecked. Stick Built Houses -Built entirely on-site except that it may include some factory components such as roof and floor trusses, wall panels, door frames, etc. Storage Area —Sometimes referred to as a"Storage Lot", storage area is the term used in Land Development Regulations to describe the outdoor storage of boats, campers, equipment, and ma- 94 Livable CommuniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97 terials for more than twenty-four(24) hours. This is considered a light industrial use and does not include waste transfer stations,junkyards or other heavy industrial uses. Stormwater Master Plan - See Sanitary Waste Water Master Plan. Streetscape - The view along a street from the perspective of a driver or pedestrian, especially of the natural and man-made elements in or near the street right of way, including street trees, lawns, landscape buffers, signs, street lights, above-ground utilities, drainage structures, side- walks, bus stop shelters and street furniture. Tier System -Policy 105.2.1 recognizes the Tier System as a means of acquiring land, direct- ing development to infill area, reducing sprawl and meeting the Monroe County Comprehen- sive Plans smart growth initiatives. The Tier System is categorized into three areas: Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier 2); and Infill Area(Tier 3). Transfer of Development Rights TDR - The County's process through which the rights to develop one lot of land is transferred to another lot. See 9.5-265 of the Land Development Regulations. Generally, Transfer of Development Rights (TDR)programs include the convey- ance of development rights by deed, easement, or other legal instrument authorized by local law to another parcel of land and the recording of that conveyance. TDRs are required to achieve Maximum Net Density, and a TDR may be purchased in some Land Use Districts to make a very small lot buildable. Transient Residential Unit-A dwelling unit with tenancies of less than twenty-eight(28) days duration used for transient housing such as a hotel or motel room, or space for parking a recreational vehicle or travel trailer. Transient Use -Uses involving a Transient Residential Unit. Vacation Rental - Or vacation unit means an attached or detached dwelling unit that is rented, leased or assigned for tenancies of less than twenty-eight(28) days duration. Vacation rental use does not include hotels, motels, and RV spaces, which are specifically addressed in each district. Village-Type Design—A design type characteristic of walkable, traditional villages with amenities and services within easy reach. In the Tavernier Plan the term is further defined to control bulk by limiting the construction to single family, duplex or town houses with a maxi- mum of four units per structure. Water-Dependent Facility -A use that relies on access to open waters to support its activi- ties. An example of this would be a marina, aquatic equipment rental booth, or a waterfront restaurant. Wetlands -Areas of saturated or flooded soils where there is a prevalence of plants that grow in or are adapted to water, or which require a very wet environment. Wetlands provide impor- tant habitats, floor and storm protections, and water quality benefits, and their development is regulated by the federal government. Workforce Housing—A term sometimes used when referring to employee housing. See Employee Housing. 95 14A•February 8,2024•Rornon Kevs Rre Pares, OPEN LETTER TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Commissioners,on February 15,2024,you will be asked by the Developers ofthe proposed Cemex Site to decide on a'text Amendment that will es- sentially create the`"FAVERNIER COMMERCIAL OVERLAY DISTRIC't Ifapproved,it will pave the way for the development ofa large grocery and liquor store as well as 86 deed restricted workforce housing units.As representatives ofcommunky organizations,we would make three initial points. First,there is no valid health,safety or welfare need that justifies an ex- development research and review process.That process has produced a ception to the current regulations for suburban commercial develop- tremendous amount of information and often,with so much informa- ment.If we needed a hospital or a fire station,such jusfification might tion,it is easy to lose track of facts. exist;clearly lun-ver,that is not the case. The Planning Director in her November Staff Report to the Commis- Second,we have been repeatedly assured by the Developers that the sion,reported facts and results ofthis long running review.They include commercial phase would not be built without the Residential phase. the following: Currently,the ROGOs needed for the residential phase have not been 1.The proposal was reviewed by the Development Review Committee. secured The Developers,in their filings,have assured the ROGOs will The Board passed a Resolution recommending the Commission NOT come from the County or from Islamorada.That is not possible at this to approve the Project. time. At the November BOCC Meeting,the issue of ROGOs came up in a discussion.The Planning Director was asked to comment,and she 2.The Application was reviewed by the Planning Commission which explained that the County ROGOs were earmarked for mitigation and voted to recommend DENIAL ofthe Application. could not be used for the Cemex Project.She further commented that 3.The Planning Department stated,"The proposed Amendment is NOT ROGOs in the possession ofanother city,(such as lshmorada)cannot be consistent with the goals,policies and objectives ofthe Monroe Coun- transferred.The County Attorney spoke and explained that the State ac- ry 2030 Comprehensive Plan". tion relative to hurricane evacuation modeling may ultimately solve the 4.The Planning Department stated,"The proposed Amendment is NOT problem.The Commission then voted to wait for the State to act.Atthe consistent with the Tavernier LCP"(The LCP specificallyprohibits the December BOCC Meeting the Commission passed a resolution to ask designation of any new commercial district beyond that contained in the State to make no decision prior to 2025.Therefore,it appears,that the Master Plan.We have argued and continue to argue that the Over- the requisite ROGOs am not available.Approving the'text Amendment, lay constitutes a new commercial district.) knowing the ROGOs are not available,goes against the assurances that have been made to the Community.The Developers have had two years 5.The Planning Department stated"The Amendment is NOT consistent to secure the ROGOs.That has not happened with the principles for guiding development for the Florida Keys area As articulated in Florida Statutes". Third,The Text Amendment is intrinsically tied to the Map Amend- 6.The Planning Department stated,"The Amendment is NOT consis ment.Both have been working their way through the approval pro- tentPart II,Chapter 163,Florida State Statutes'.' cess until the December meeting at which time the developers attorney asked that the Map Amendment be pulled from the agenda.Because of 7.The Planning Department stated,"STAFF ANTICIPATES THE PRO- the relationship ben-en the'text and Map Amendments,both should POSED AMENDMENT WILL RESUIX IN AN ADVERSE COM- be considered at the same meeting.There is only one reason the devel- MUNELY CHANGE TO TAVERNIER AND THE IMMEDIATE opers attorney would have removed this from consideration and that is AREA'. to avoid the will ofthe Community who have asked that this very im- In no event shall an amendment be approved which will result in an ad- portant issue be decided by a super majority ofthe Commission.By tak- verse community change to the planning area in accordance with the ingupthe'text Amendment alone,a simple majority is all that is needed Livible Communikeys Master Planpursuant to the findingofthe BOCC! to approve the Amendment.We don't fault Mr.Smith for pursuing this Adding to these findings of the Staff and Review Committee,we un- strategy.Smart move on his part!However,we expect you,as our Rep- derscore the concerns relative to traffic safety.The developers have sub resentatives,to recognize this ploy and to take action to ensure this issue is hilly transparent and fair to the Community. The Community cared miffed a Level III Traffic Study which we believe still under review. This study,for the most part,deals with capacity.The State has recently enough about this issue to walk the streets and speak with the homeown- ers living within 600'ofthe affected property.Section 102-158(d)(8)of Published a traffic study that suggests that US-1 is already at capacity. The Commission did not accept those results,but one cannot ignore that the Land Development Code sets firth the process for securing and fit- thereare capacity issues presently impacting US-1. ing written protests with the Clerk ofthe Commission.The Communi- ty was successful in securing and filing the required protest forms.The The Tavernier Community Association has procured its own traffic en threshold was met and certified by the Clerk That action triggered the gineer too.A copy of his report has been delivered to each ofyou as well requirement for a super majority vote.We ask you,as our elected Repre- as to the Planning Director.That report points out that the Developers' sentatives,to ensure that the will ofthe people is realized The Commu- Level III Study fails to forecast the traffic safety issues and conflicts as nity,by and through their actions,are telling you they do not want this sociated with the"crossing"ofthe 140'medium.Additionally,it points issue decided bya simple majority.Please do not disenfranchise us. out the Developers'Traffic Study also fails to address conflicts from three At the December BOCC Meeting,Commissioner Lincoln recognized residential streets between the project and Burton Drive.Our engineer the importance of the relationship beriveen the Map and'text Amend- concludes:"The existing Cemex location is not well suited for a high traffic generation site,and it is reasonably probable that the proposed ments as well as four other separate applications submitted by the lie- supermarket and multi-family housing development will generate velopers.She made a motion to continue all the Cemex proposals un- hazardous traffic conditions and traffic accidents." ffi they were ready to be heard at one time.That was a motion in the best interest of this Community and one that is consistent with the re, We realize the Developers have a right to develop and we are not in op- ommendations of the Planning Department.The motion passed 3-2; position to development that is consistent with current Land Develop- however,after the break,Commissioner Scholl came back and said he merit Rules,i.e.,a development that is consistentwith our LCP and other did not understand what he was voting for and changed his vote which developmental guidelines,but we do not see an overlay is warranted.It killed the motion.We thank Commissioners Lincoln and Cates for their would allow for a major exemption to our Community Master Plan and efforts and for supporting the motion We ask that you each recognize negatively impact traffic safety in the area.We urge you to follow the that there are multiple Applications by the Cemex group and that all are staffs recommendations,which align with the Community's wishes and interrelated and all,depending on how they are adjudicated,will impact hear all the Applications at one time.Barring that,we urge you to vote the others.'to deal with these in a piecemeal fashion is time consuming NO to this Application. and costly to the taxpayers.On February I5th you have scheduled a spe- TAVERNIER COMMUNITY ASSOCIATION cial meeting to consider just one out ofat least six pending Applications KEY LARGO FEDERA'HON OI'HOMEOWNERS related to the same project.You can do better than that! 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I.,14P',„Ogitt a Alq,;•.'ailik,s,q?.WILL'et.s...i.' . .! ,, „ lli.,.',: il'e...i.,, .,./1:;,, gpititikwiti,.. :::N'All'...':./:.'..,':..I. ..(...'4;qi. :1ii.. 14ffitfliit14.'Ai'l'Ilititi .!tIIi$41: ,5:1..i.?....):..,e.!':4itRRIItititi':ifa'it'..;,,'Ilf '"'. ''''''4: • i!ittkAlli:::...,...,)'.11:.!..:.!...,::: 11:4012A1'''' 4 • .. ttifitt0h;ifilliletiiiito:;tibt.ititt9""•'''''' „.. iztv,??*tieitt; ritti)`-''''.'. • Traffic Safety Report for Proposed Mixed Use Project Prepared by Miles Moss, P.E. Proposed Mixed Use Development: Supermarket and Multi-Family Housing Location: 92501 Overseas Highway, Tavernier, FL Parcel I.D. - 00089490-000000 & 0049025-000000 Planning File Number: 2022-053 Summary I am a licensed professional engineer and my area of expertise, since 1970, has been_in the field of Traffic Safety and Traffic Accident reconstruction. Traffic Accident reconstruction applies the laws of physics to determine, after an accident has occurred, how fast the vehicles were traveling at, and what the contributing causes of the accident were. I have been recognized as an expert witness in numerous courts in the State of Florida to render expert testimony in traffic safety issues and traffic accident reconstruction. The purpose of this Report is to review the Developer's Traffic Impact Study (TIS) (updated January 2023) and to forecast potential traffic safety issues related to the proposed supermarket and mutli-family housing development. As more fully set forth below, it is my professional opinion, within a reasonable degree of engineering probability and certainty, that the project will exacerbate the existing traffic conflicts and create hazardous traffic conditions. Developers Traffic Impact Study According to.the. Developer's TIS the proposed development is projected to have 6,813 vehicle trips entering and exiting the location daily. Most will occur during the 12 hour"shopping day"which averages 500—600 vehicles per hour. The Florida Department of Transportation currently reports about 31,500 daily trips at the location. These also mostly occur during the "shopping day"which averages 2600+ vehicles per hour. The Median It is important to note that the Developer's TIS fails to forecast the traffic safety issues and conflicts associated with "crossing" the 140 foot median. Southbound traffic is likely to use the median to cross U.S. 1 to enter the property; Southbound traffic exiting the property is likely to use the median to cross U.S. 1 to travel South. The median has limited stacking capacity. The TIS also failed to address the traffic safety conflicts from the three residential streets located between the project and Burton Drive (Garden, Arbor and Oleander). Analysis Entering and.Exiting site traffic, stopped at the stop signs must estimate the speed and distance of approaching traffic on US 1, estimate the time needed for them to safely cross the roadway, and decide if a safe gap in traffic exists for them to safely cross the roadway1. These conflicts are often not estimated accurately and will result in accidents. If the number of safe gaps is limited due to the large volume of traffic on US 1, there will not be adequate space for the entering or exiting traffic to safely store in the median without obstructing traffic on US 1 also leading to a hazardous condition. Exhibit 1 shows the proposed site location on U.S. 1,just south of the curve. U.S. 1 at this location has the northbound lanes separated from the southbound lanes by a 140-foot wide median. However, the."useful" portion (101 — 120 ft) of the median can only accommodate approximately 5-6 vehicles2. Stop signs control exiting traffic from the development, as well as eastbound and west bound traffic crossing the median area (Exhibit 2). The project is expected to generate 6,813 trips per day that will conflict with the 31,500 daily trips on U.S. 1 (Exhibits 3 & 4). It is expected that the 3,406 westbound exiting trips controlled by a stop sign will conflict with the 16,000 northbound US 1 trips daily. In addition, the 1,873 west bound exiting trips controlled by a stop sign will conflict with the 15,500 southbound US 1 trips daily.Also, the 1532 east bound entering trips controlled by a stop sign will conflict with the 16,000 northbound trips on US1. (Exhibit 5). The evening peak hour will generate 675 vehicle trips, it is expected that the 331 exiting trips, controlled by a single stop sign, will conflict with the 1616 north bound US 1 trips, and the 155 east bound entering trips, controlled by a stop sign, will also conflict with the 1616 northbound US 1 trips. In addition, the 182 westbound exiting trips, controlled by a stop sign, will conflict with the 918 southbound US 1 trips.(Exhibit 6). "Unusual Geometrics" The Developer's TIS concludes that because of the "unusual geometrics" of a 140-foot wide median, the analysis software cannot properly analyze the projected resulting conditions, Entering traffic safe crossing (38 foot + 15 foot vehicle length) require 4.7 — 5.8 seconds (gap time). 4.7 — 5.8 seconds @ 45 mph (speed limit) = 307 — 379 ft safe gape distance (over 1 football field.) Exiting traffic crossing (50 ft + 15 ft vehicle length) require 5.2 —6.3.seconds (safe gap time) 5.2 —6.3 seconds @ 45 MPH (speed limit)= 342—419 ft safe gape distance (1 — 1.5 football fields) 2 Eastbound median storage 101 ft to stop bar. At 20 ft (15 ft vehicle + 5 ft space) per vehicle = 5 vehicle storage. Westbound median storage 122 ft to stop bar at 20 ft per vehicle =6 vehicle storage. and intersection delays and vehicle queues may in fact be larger than projected, and a traffic signal may be needed. While the consultant's software may not be able to "properly analyze" projectedques,conditions, delays and as a professional engineer and traffic reconstruction expert, it is my professional opinion that a hazardous condition will result due to the site generated conflicts. Considering the large number of trips expected to be generated by the proposed development, and the continuous traffic flow on US-1, it is reasonable to conclude that delays and vehicles stopping in the median can easily be expected to occur which will result in accidents taking place. With respect to the Consultant's comment"a traffic signal may be required," there is no indication that the Florida DOT will approve or permit one or two traffic signals at the Northbound or Southbound lanes of U.S. 1. And while the installation of one or two signals may alleviate some of the conflicts, the configuration of the immediate area (the curve, speed, and residential and commercial congestion —two gas stations and a fast-food restaurant with a drive-through) is likely to generate numerous traffic safety issues and conflicts even with signals. The writer would be remiss if he did not point out and compare the proposed project to the three other supermarkets in Key Largo that have safer access to U S 1. 1) The Tavernier Winn-Dixie which has a visible divided highway two access driveways traffic signal; 2) The Key Largo Publix which has a visible divided highway, two access driveways, traffic signal; 3) The Key Largo Winn-Dixie that has a visible divided highway, two access driveways; several deceleration lanes on both .N and S bound traffic. Conclusion Based on education, training, and experience and over 50 years of experience as a traffic safety engineer and expert in traffic accident reconstruction it is my professional opinion that the existing CEMEX. location is not well suited for a high traffic generation site and it is reasonably probable that the proposed supermarket and multi-family housing developments will generate hazardous traffic conditions and traffic accidents. Miles E. Moss, PE Moss Accident Reconstruction Application: Text Amendment to the LDC' Applicant: Singeletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC (the "Property Owners" and "Applicants") and The Vestcor Companies, Inc. and Blackstone Group — Tavernier 925, LLC (the "Developers") Agent: Barton W. Smith of Sm;i,thHar � i i i i I 2 File: 05 i i r, i i f r' Location: 92501 Overseas Highway, MM 92.5, Tavernier (Island of Key Largo) Parcel ID Numbers (2 Parcels): frrr ' arf ! a / /a /r 00494254-000000 and 00089490-000000 0; � U%'��/, n NW ��'` 1J,Y/�I�v ���)n����/�/i✓n r(/ /�f f/fV f fy /l�r J� p �f�'�! r, (o 1 4q 0W l�jj1,,;�rpp fiM�,Uf ( � n7 /dfn /h>`r FLUM Designation: Mixed Use / v llnlVfi (W1r�rW'r!/w GriW/ /i nrY� � / u,'I�f, Y Commercial (MC) � ivy' �(�l!��H'/ %1,���, r,✓�",r ��r °Ar" r IU;; rY✓� ' �� l��,r a 1 y}� 6 ! e�/YY x r' r J fi, i����?, �„ '� ,�fi�d'�Dfar�; ur���� -��' `WWWr�r ;%i��W�k� 1� r i +W�,1'�e��lli�w� �,,, �r�,�� ■ Land Use District: Suburban Commercial ( ); ' rop r✓c ing overlay land use district �. ithin the alre ady 1 Mile Marker 97 y -��a �+Te d ,.k ,: ;�'' '/,' �fiJ b�✓ 9w` 1" ,. 9 i � rrf"'?l fj / ����/// / �/�/i wn �- strict Overlay , h / V < I / r / r, // / !ry N✓r ,YJ �.rid r ,/ f / 1 r 1) Amendment to LDC to create the Tavernier Commercial Overlay (File# 2022-053) 2) Amendment to LUD Map to apply Overlay to Property (File#2022-054) 3) Amendment to Comp. Plan to create anew goal, objective, and site specific subarea policy (File# 2023-205) 4) Amendment to FLUM for a portion of the Property from MC to FAH (File#2023-206) 5 Amendment to LUD for a pottlon i i / / / / i i / i ii / r , r i / „ / i 1 . Development Agreement - Has not been applied for but would be required by the proposed overlay text if approved. 2. Major CUP - Application submitted for phased development of a commercial supermarket and 86 affordable dwelling units (requires PC Approval, File# 2022-012) t _P db • Concept Meeting [requiredfortext amendment] June 28, :022. It was determined that the proposed amenomentwouia not have a County wide impact. • Comm u n iry Meetings[reqamendment] • Development Review Committee October25,2022.The Chair of the DRC signed Resolution No. DRC 13-22 recommending denial of the proposed • Planning Commission April 28,2023.The Planning Commission passad I8(bn`,fhg"'(C an No. P16-23 d am ertdrfii In, recommending DENIAL,of the propose 't • Board of CountyCommimonTT en(eOGG� Environmental Resowcesoepaitmenls�all.aM the rese mypve�al[re puN&Aza legs� mmission. vla g IIIIIIIIIIIIIIIIII ;� ,1 �� ,���;`f��. Vuu, Vuu 9 a d a Requires a LUD amendment to apply the overlay to,'a propert a all 99 • - 1 off Requires a Deuelcpment A regiment for all development within the Ouerla - • . . . - - u, Illlllnu, IIu a o�b,u IMaua"rnUnI allocakulon ofnnnesnlcken>thll floor area by site per eadi akcMW pu!arteL The amount of naar_a.kh,.iunall floor wea to be 5IQ.mated _nhalll be Wur..N t4_,a r"I`Ia1K°IInnVlarn ahare of 11000 square feet for any one He per ea3idi AVCnatlu•`DIn quairt:er. tu_;p IMaxurcMArII floor area pw MuMm.A structure shia1111 n_,t i ec,_we an _illlocatu ,iru Lhar eMa,rids ai,_ K.r u_u._tune to mn.an,._ Nan 101,0C10 _,u.guare feet of noour-�-sudeinftuall fluor area, excIlu.uodnnug. a,r a stn a.na.€u.une rla tl..h._ ._1uW c_ou7urrr,_i._lk (w_l�.0 and use jonum._„)MOM Pay I ec&uN,_ an a.ulllocar'iirwou that exptumks r..lhn yrrw.tae r..rN not mor<.. tl..Pon MOO square feet ssn-u>:! N.ry a structure aAtlhain arsnoven Iay AMC MAWR in a a:onnnuui�rnr..f rnaster pJllauu, lu7 MNu Te nsw„unuu.,um AM be governed by to master pWnu If aqup.olkaablk oir w ithAino ;;lr apse":....11 yid. spire okanlly aalllowlMg such as Aauatuure of s_nr 10300 nsqu.uwe (~ek. • • . • • - • • (e)NROGO Allocations. Notwithstanding Section 138-51,the Tavernier Commercial Overlay District shall have the following NROGO allocation standards provided that the criteria set forth in subsections(f), (g) and (h) are satisfied: 1. Maximum allocation of nonresidential floorarea. The amount of nonresidential floorarea to be allocated or transferred to the Tavernier Key Commercial Overlay District shall be limited to a maximum of 49,900 square feet. 2. Maximum floor area per structure. A single nonresidential principal structure within the Tavernier Commercial Overlay District shall be permitted to receive an allocation that expands the structure to more than 10,000 square feet, but not to exceed a maximum of 49,900 square feetof nonresidential floorarea. IN "I'l""I'll""I'll'll""I'll""I'llI INCONSISTENT °, Comp. Plan Policy No. 101.5.6: The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the establishment of mixed-use commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistentwithithe community character and the natural environment... Comp. Plan Policy 101.19.1: Monroe County shall develop,, maintain, and update periodically, as appropriate, with public input, the Livable CommuniKeys Community;Master Plans. Community Master Plans will be maintained.. Comp. Plan Policy 101.19.2: The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners... Comp. Plan Policy 105.1.2: Monroe County shall enforce the,design guidelnesstablish�d u�lthin the Livable CommuniKeys Plans and its land development regulations which ensure that future u ent le with scenic reservation and maintenance of the characterofthe,casual Island vi�la h rr � I� � ,� i / i , o Comp. Plan Policy ;roue to foster the retention and redevelop mentofsma, ll / ffff / i / i ~mll. uuuis � III III uuuuuum 9 a ' .Iluo Illluw I"Illlluw �• '' "" tl�" a • Community Vision Re enrision the Tavernier Creek Bridge to Pule Marken•97 PlanningAreo as': An island community committed to preserving its heritage, natural setting •• _ _ • • • -• • • • _ • . • . • .. . and stands of native tropical hardwood hammocks,with improvements to the visual character of the U.S.1 corridor; limited redevelopment of cmmner- . vial properties,and neighborhoods where residents have access to the water • • • . . ••• . and recreational facilities. GOAL SLVLN • • • • • • • • • •• • • • • • ST,ST91N THE EXIS'TLUG COMMERCIAL AND LUDLSTRLAL F1USl- NESSES AND ENCOT rRAGE REDEVELOPMENT OR INFILL BE- 0 T ITTLN:iLVI 91 AND Bf.7RTON DRIVE AND DI.5COLR2GE ADDI- "IIONAL STRIP DEVLLOPAIENT OF THE U.S.I CORRIDOR. a' Tavernier Creek • • rib %i i r JJ f i% fr or/ rlrr� • e .. ® • �,,//101�/ IM • • An ishridrommurrity svtrhindr`rstoryer'ndchvirnr v' �,,, IIIIIIIB ii • 4 Illlllllllllllu� d�. � IN 5, Building Types a The intent is to guide the development of new construction so that buidings continue to define a character for Tavernier and that the massing. scale and niaterials of new stRrcttrres are ccm patiblo with this character. These are the recommended types for new construction in the corridor. The listed building tykes are not the universe of buildings that can be developed in the COITidor; they are merelydied examples the guidelines Multifannbly Residential 1 applied l 1es ci Z, The. <111-Chitecture oI the building should consist of the ni.al recommended in these and Figure ? ties not accurately reflect all county guidelines and it should be compatible: with airc�hitectural and urban character of` regulations and is illustrative of�building concept only. Tavernier. Access to individual units should he obvious from the strc;t IeVel (Fi�)urc 28). Large C ominercial Building The intent is to create it building t l,rakeatylac that would fit in the l Urban r ei ��� "�w the suburban (loop or �m a 1�1�I craw 12 This building tyke is characterized by ,! b`.e �p f�� , ��t a�� ��%, k r X s. l c re Strcn of smaller hdthe r wherecrs�srble these should be. arranged is to create positive tt+ s , Figure 26 Multi Family Building access eipo shretc;e. tFiaur°o ). rrrl'irr building with stllccctThetltsrdnr , � � y primary Figure 27 Large Commercial Buih f a�<rcle� is kneel with arcades and balcorti ; windows are, covered with rdrngType operable Bahama shutters, and roofs are standing scans rrtetal. ' YCr(dRCn1J Tavernier Transact �ttW ®735uWrlban /Ur '1'4 GP.—E [Urban r jj ' II umxre r�mrF Vu I I uu r dui IIIIIIP ���. mlllu,� • Diu„. � � IIIII � uu°°�iIIIIV i .uVll�W IIIIV �� f �«nv rv.09 rwnev Pak �. nctw Key Subject Property i.r rawerxnr�u�a4� • � • • 1 � • •. J Staff recommends that the BOCC CONTINUE the Applicant's request to amend the Land Development Code establishing Section 130-143, the Tavernier Commercial Overlay, In order that all of the applicant's current requests to amend the 1 ) Comprehensive Plan, 2) Land development Code, 3) Future Land Use Map, 4) Land Use District Map - Overlay, 5) Land Use District Map - Zoning, and the proposed Development Agreement, may be heard at the same BOCC Public Hearing to allow staff (and the public) to review and analyze all applications concurrently and to ensure consistency of all proposed amendments relative to this Property. In the event that the BOCC elects to fake an up or down vole on this Item at the February 15, 2024 public hearing, Stall recommentls GENIAL of the proposetl amentlmenl to the Land Development Code establishing Section 13P143. """ iilQ IIIIIIIVu ullllllll ii''II oolll V mi YYI Y ■ Staff received a request from the applicant (this morning) that the BOCC process Code and Comp. Plan amendments that would allow distribution of the County's 300 early evacuation units ■ Such amendments would have a County Wide Impact ■ Such request would impact the ounty's administrative relief pool ;(mitigation of potential takings liability) ■ Discussion of this request has not been duertised Staff recommends no aotrMEMEMENor� r a c , � eat �d : ........ .. If theB u�r , ,,,,,� ,„ ,, � � � , , OCC she �� , , f � � i �ded as a d ICUS lon (tend r, i / , / Section 130-143,Tavcrniei�Commercial Overfav District _tiI A iscri ct Y shall t------------- (a) be s1rown on the Official 1,and Use Drsftid Map. ----------- CIve-day D-istri-cl is bo 2 -Fli-e dev E j 1-c-1 u c-tu rc--I-h-,,utc-o n r-a-hi s_i ac,re_i�H m I 0 C)0 0 Con-11re-h-c-n-s-rve Rlana-n-d bo. square feet whWn the Overlay Dislr�ct shaH be subject to tlie terms and conckCkms of Alawharger scale nonre�Hemialdeve� mem hi a wadfiedareaofthe I pe,_rKey 'mmed A, as cicfincd in sections 10-B2, 10 �33,and --------------------------------------------------------------op----------------------------------------------------------------------------I ,_sIllm --an, Findo nurmst greement-------------------------------------------------------I leu-- ------- scrvcs the needs of punianeW rcsdcmts of the Uj�per Keys. The interil is Gcr nxast indude� % ci-s-e5 forGj cja�opuent(if 86 evorkforcelrou,ipz-dvveIhnj,, L 3-n-d ------------------------------------------------------ url-i b. Flre�erred leasing standards for essentW workr.-rs o� ffie workforce and C, 11 111a-t-inc-IL-d-es--t�-ie--fall-I o-wing-J fie ,T vemser Conutiercid v 01) Fhnmdau��-----------------I-----------------------------------------------------0 exjkky Dislrbcl sl-mJ) be sho-wit ms arf cry-ed-ay, in-accorkinsice wnh Ow F and Dove1olmlerd disirict on the Official J,and Use Districl map.The'Tavernicy Commercial Overlsay Disirict. the ---- ---- 11 Z au 1 ,hash be showit as the bwrndMj wifli Monroe Cour - larM M number,', right ay 1, ge c m"A ti 12 ------------------------------------------------------------------------- ---------------------------------------------- --------------------------------------------- _ofw krE jj__�j0nan 11knwili-Road R -1 i --f r nui -z'11 n Q--ttle 00490250,000000 and 00089490-00000C,and depicted tln the mals below, in touml v m, h C e� _14,,,kdicAeV1. L—iL hap! __I ir lfm.Odoor EgLitftqs is proposed, in additwn ki afl reqWremerrts of ChapttT c I Id ug As Al s ned and locmed sucLi thaG the h Lt!-------------- _11 de_ ------------------------------------------------------------- iflumhumion monsurd EANDER Dk ------------------------------------------------------------ in Cootcandl-cs,---as a-ny ex-t-cr-'i-o-r­lmoporty hile 'Id lesidential uses, d ni this overlay sjjaH not j-1cent-to ----------------------------- --- -------------- Key Largo ➢ not �nc�ucle Approx. MM 9 7cro -(Ct) ir ViOn of flw --------------------------- --fc JJ3110 lrh--�Jlccwc ---veaysVtrelnt ofyy vvalhAvay Or any [ighting requiied feat'_life safttfr,as provided by -------------------------------- Ila 3 AlLpr(speiGygifiesa(ijtceritt(r LT"a I 4� AH deve InAlcm slIall -------------------bo fl)epornik-led ar)d co-nd-fl-borkad use requtrements of Chapter 130�Ar6c[e H1,flernii@ed and ondf6onal Uses 5� Industrial uses ate nw--pennifled NN7atfijrj t1le ()VOrl Nrpwifl�stam in w fR!,cedin ----------------------------------------------- --------------------------------------------------ay--�---------- _g�t� pev*uitrWJ4o aai fimbtd414n&e am (d) - There shafl be no auocaCcd m maximuranel densitv Mandaid avaiklde for�esidential ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- mnrkct-,r,Mc,sit is es tarot n➢naa➢hnx %sn,t 2 The Tavernuei Conunercial Overby District shaM be lhirited to a maxinirun tolA ... ........ ad---------4---9-- 0 q-f � au mcvdo ml twcmi I oT u , de-ed 00089490-000000 c, (c) NROGO Aflocatiormi. otwitListand i rig Section [3851, Ctie iaverrrier (orrmiercia� .......... OveLklyOng 00490250-000000 csitefia set ftmth in subsections 4)h(g)and(h)ate satisfied,- 1. of-ri-o-pres i d c n t i a I floor a r ca`Th c x i u n t I n c)ire s i d wit ia I f I(�or (c) erkry, area to be allocated or U anslened Its the r avcrnger Commercial Ovedat,Eiistrict shall slLe 'm Standards, v D-is-nricl sball b-e b-c-Urri-i-red to a ------------------------- 2 6o nceed a---------------------- ------------------------- (t) N(�tvolhja�ndmg LEW SeOions 139-1(f), l394(g) and 139-1(jtl 86 workforce houskig jqdG�w uun u�6 pra�aauaavruapw¢t ¢>v-.,nie ne>ra�r,ustp arxc)LIVI/oj2l units) vesylow__lnconie 240/o (2� jqkftst arvv snow°rrxr°uu'!a.,26%(22 unds median income and 26Pii,(_22_un_nts)moderale ifi(MMIO, No tmffld�jng permO shaU bc issued ftrr a slructawrc recciving an NIROGO Aflocalion oi Iransfer that ivoUld structure i,,�ithin the Overhytome e ------------------------------------------------ ----------------------------------------------------------------------------------------- uu]IJ-1 bIfJ_[dJ_ng__p nuills for-A-1-1 86 have I aeen Lssued, withfiAd, ----------------------------------------------- ----------- (g) A,I[ new resideroi I n s deve ed wilMn the o0veHav&-,h4o shaHbe sUlde0jollie _ ----- -a -I! __---kill--------------- _ ------------------------------------- ROCRI'llerlid lat lOcat ion-sysimt jef of RCYGO of exisOn � wfull, -------------------------- _ -orimn------------------------------------------------- -----------------------------------g� rt------------y markel rate or aflbrdable div �I I a unils th,,fl have @ess flian five ---------------------------------------------------------------------------------e !ng------------------------------------------------------------------------- years remahiing on the required deed restriction pursuanl to �-;cction 138,22(bp(jb (h) Rriqi to th-e i-s-si-m-ne-e-o-fa C a mufe_than j0,AQO__p LU luare feel� ---------------------- I At least 501N, (41) ot the requnred 86 worktarce housing, units mum finve rec�6vcd cal f ("Cu e o 0 nutcyl-a-rid 2 At ----5-0-1Y � 9lnned 6 v rkforce-j�min--- fik---miv lve %� nvedf - -- m----- T -------- 0) of the COwillrehemive Plark, Tavernier L Lvable C mnununike,,L__ --------------------------------------- ------------------------------------------------------------------------------------------------------------- e M-a rk-e-r-9-7 U-S Fiighn Guirdefines and ffie Land DevdO Ille I CO le�I�jd' -----------------------------------------------------------------------------p 11---------- J� c -Y T -c -cpY7c°n fg:. d @��9 a J�f� ti iNAM-M - - ------------- .................. ........ ....... ............... ........ Elm& Wr r r r h 16reit u � o, , �,�' „�r „! %r ���,.� fi ,' ,,, -�;, ,„' d ,; �,, i,,./.;/ire,,,, ,. n i/fir � ` A�»re 2,a,,w�,w,mr 1 '��i(�(✓l' „�1 ,r��;. r/r /r //// � �y;rr/A' i�,„� „�.: Inv+r I�rN eyyl�l��l ✓'", J� 1r,,,.. ��, � ," ,gy pro„ � f,rr,� r ' r"` ti Y r r I r n u- r :.' ,; ,, -, ,� ,r�,, yr/rr;�tlIlI r/ �; �� // , ,' �I ,!pia �u r v �� r�l'..ni 7 r ,. +•,MN, „,, .;., � r� a r 1� �: r,,, U � �� « ,r i ,m rr ,., l��,,.,. «„✓ ,.,»rr»we SI l�, N., ,w6kr ,rrr , ��r,,, ., o,un I+<,n i lE .,.,.. ,r� �d„ ;' /�. 1, NlhrG ,... K '�, ,r,�� �" »m,aFa er�~i.✓..". y��n?, mrr.Y v/1/, ,;V , �r�!✓ylFIf� �diW n,� "r� 1 ,«t,�, R r r��i '„ �• ,.. "s, p: Ip, f�✓ r� i r � l f, r I ' ri , � � r i „ r D�y�l r' l ✓r � lu,ri. � rr�i ' ', r N/ rlU 1 r j, '�" "��''�" ��� rq, r� rli, in ;,u'�IWN',r,kVflUru r IiV' rr r a w y I i �h✓1yi th I r Vri� rl /, Location: MM 92.S, Tavernier Address: 92S01 Overseas Hwy, Tavernier, Monroe County, Florida Real Estate CRE) Number: 004902SO-000000 and 00089490-000000 Property Owner./A lnn icant: SINGLETARY CONCRETE PRODUCTS INC and CEMEX CONSTRUCTION MATERIALS FLORIDA LLC Total ProperWArea: 841,940 SF or 19.33 acres Total Upland Area: 630,S88 SF or 14.48 acres Total Submerged Area: 211,3 S 2 SF or 4.8 S acres Land Use District: Suburban Commercial (SC) Future Land Use Map (F� Mixed Use Commercial (MC) Designationo Tier Desig a� Tier III Flood Zone: Multiple on site: AE 8, AE 9, AE10, AE 11, VE 11 Existing Uses: Scarified, active cement plant; wetland mangroves Community Character of Immediate Residential and Commercial uses V c n'tym Land Development Code Text Amendment creating the Tavernier Commercial Overlay District allowing the development of a Publix Grocery Store, including a liquor store, that fits the architectural design and community character of Tavernier LDC Text Amendment : • Pursuant to LDC section 138-51, a maximum NonresidentialSynareFootage(SF) Max NetDensity AllocatedDensity nonresidential floor area allocation of ten thousand square feet (10,000 so and Section 138-51 (c) Existing Code Commercial retail: 202.11 units 42.11 units prohibits an allocation of nonresidential floor area (re f.'LDC,'Sections Low intensity: 213,984 SF that expands the structure to more than 10,000 130-157and 130- Medium intensity: 152,846 SF square feet of nonresidential floor area. 104) High Intensity: 91,708 SF • The current Code unreasonably restricts properties from utilizing existing development rights for nonresidential development. • The entire property currently has the following permitted density and intensity under the Suburban Commercial zoning district, but is currently unable to utilize the permitted development rights based on LDC section 138-51: • Amends the Monroe County Land Development Code to establish the Tavernier Commercial Overlay District to allow for a nonresidential ROGO allocation of up to 49,900 square feet, which could allow for the development of a 47,240 SF commercial supermarket, • 2,100 SF liquor store and up to 86 affordable housing dwelling units. • Provides language for Sec. 130-143. Tavernier Commercial Overlay District, as shown on the following slides: soction 1130 11 B 1'a%vr?biv1 am In v Iry uuull �d!L (d) I2A ]122L o lhc a""vilinwi ( oirnrnen,m1 C)vvwjn,,, L! us� I Thpfv a1 IEr m rr�!n al i g:L rhn 1:m nr: E:�:Ly, 11 tw kw t t ate 0 A it an S dill d,vv e, J�w f1A luzifi prifnai,ft srii-,-es ihw paw n;;ti no pivnirrmincro tcsJd(,rvs of ttic TTlipvay K'i,vs Fl", hm m v,R N') 7 The 'I aveyiiuri! Occ,flav Disau v� glh°ffll hc hmk.ed lo i bnNl c rvoilii inide 111ti 3�l us),s ff,�b JR vtxlarl,Cilit IU kknas fo�li'tlle J ppca da, ra(�,,ientfal cd� the rhana""Iel 1 49;Pa111 Bqnx u klfld 0u) Boundary, T11", 0,,,t^rkliy K,-4111wt vhiall he: R's an b (N)it reshoed �jn��g�g:�jd r. aC C e�"S"'J",, ust"s arld s"'.1111cfIfics (e) SIOGO FUN,M)w NMwAWwWQ Stc��iun 138 5� Ulm Ta,;ara�fet Q110gy QU Ot SaU hMe Up pj2j onr ihat Ih e AppikaNky, DeveOpment valun the livenNei Conameunal Owday Lmsnxt Shull a num so is!I (g)mad o,fii) art! itwSC�t^d �mhI erii ic) Nlax nuliiil allcfcai�iun Orlwninhhumll Ounr ama IN anKAWA 0OWnualkwal 100i area to be a0cmed ot=nQued to die Tavwaki Comatemd, rdhaU I An amnAmniv N,dmOiTchAwd TJRr DYNt Map InyMmd and Ruch airidav shall ,w wi.�+s arE 12, HIHIf 2"'1 he sho,,vvi f"111,�the:Ofrk,�all T�e � I "Oop g2�sm�i:nIa m:�� A n!2:K!2i4e�IA E�:IntILe it"I r11 ? Ise 6nKOPnMT ofn Qnyr mun0dential fhal cro'Nafin-, mo,fie, Ihan H01,DCO (yfly Qiql Q�j h� rercv,"',',iili fe�,t viflvni (ked�:[v Dirsrlid df)�Ifl'I)e � u,� flw, and i,ondIfI)ofis o� the sIlucuam M PIE MY 1,Nq pqE2:q� rot to excw eda ;Ipjjpfoved I)e",eflopriiwawl /'Iqj a enwrlt n, m ;e mnr �1 W I +), 1 10 1 s1 a111'�ii ecl at nwt"PTUN (1) No Ibufl&nig perntk QmR be hmmd Ex a stuame w6vbg an NROGO Akcafoa cr 11�i L:�I Y"kagmal 2L up in Wan hy 2 mg L a:wA Ir,,m,�fpr th�lj 22�12af� a InOrlYeAhlennat sfnlrIuv� v:ishun� Oru, to niorp th,"all h� 11�rflv�rfd Jca,"',higx s0ndai& poir cs,�enf%fa� vcOTker's of'Ihc avd ]CI 2gge sm UWE; WO PQ Nggiq� Ramos It ji 86 WMkony hqwh�:g PQ C Ain ap�)prcr,,,:c�d sm!�pJain t1hat wickudc s thc�fZdkInning in addmcm to all sii iC fni a-ccm,'Lance:v,ifbi ihjp�L;inid De,,vkq,,-,,menf a army hmv Ww"Uixi Mh mmq 40H ny ly ugrumnabb QMMrQ1 I A r.Nvilml nomwa,", COM'11'('Tinp III'", nrinycsjdcnfiril� jjpad6viqn� ,pacer Io Oftr i1i"Y'llif M, vv�M,,, hniwxn a,-" ONMFe 11kamnn Qafd, Hi�qua,-d h��Jmm'� tbr Oh,,� urns il]� h� H! J rt k,� O'lle pi�,d,worian vv3ktv�i,, n-ImAhe w F-�'ti,qpj=) ILI �'j(�h,,4,ll')I e� � �ji�Hlv:%'� 131()Cc, or of ar cxist�flg L,,v[bfflv ImMkw HoOng &pamarl kv =Mnn m Ahmpjasonm nl`(TqjMer '"ile m "O'lordab fln"d hiw,,, 11(�,;s ihnrl i'lov, 1.14 Allfv k, \,'I nl.wh tluhinfl x •duijl ht rla ,w�xrwr ) and ;uO'i HhA Oha,' Er"a it deaf 1:("smcnrjil YTI I,,,HIM urn flHunflination unesli ywd In 14'ofcandlw� af afli", t"'deTtor prnqpefl,r a T2, not invljudk-d m vlm (h) 1?�frol IF) the 0111'a Cen�ificatt ffu�iir a si1luctuge dwi is cx1cced zvlln (0)1 km AMWR�vd lvm�� Oh", Ira h a n 1(i 11 iIJL�Lgy t�E!� Voflinm�CmulTv I A L qeApr hiuus�vig ufuJ,Is tnust a" Cmlwd a, lk l°a,1i1:: ll k:2 : rJ:wAI 21�r ertff cati!!c)f� ag:!� gag A myKA x: 2 Al KA TO jTjj I Aw itybud 86 voxflh'J',on% hcnjsi�ttg urIJIs friusl 1!UCe�f",ud usc of( haor; 110 Arkdr TH, RnANd mO CmWilforfad Orr, ln"JuMna,J uses alp nct jpcnxifiiik"d ikif CK the prr,,cc`dma�� rnft,"M aO ow", rvrdiin Ill,"::, pi:vnJm:d ic) , a f I I, rMMY my qwmt WK sudown as , hom"UJO wITfrul Owl KTja��Ta alf'I Oinvwn nlotr rh�w) 1"i O'10 TIMOR?& &A II:o „1 A m on r rcs.. t,, .,, n n 4 I�� —, ern ' "w ,Y czar- EI ✓ / �" ./ ', ( v ,'. �i u� �r�0. _. l'. `N.�s,r'"• cr�wx�rar�ynx j , Id I 4 tl LM lk b � ( n m'4Win�5kmm , IeGE N ..� n Y 7 4 r"0 _ : M PhaY IIWI L � I I JI IY I/ r V � � a�Ci m n•AMVIw. m M.'�f hk:V Iry PrR'af y / d W Ho wu vmatt+.rrr �. 9 JF iX L'' "l q " � e ., ......� p Original Application: Current Application: • Property = 19.33 acres and 14.48 Property = 19.33 acres and 14.48 acres of acres of upland. upland. • NROGO Request - 70,000 sf • NROGO Request - 49,900 sf • 64,094 SF - 61,094 SF • 49,340 SF - 47,240 SF Supermarket Supermarket with 3,000 SF with 2,100 SF Liquor Liquor Nonresidential Building Coverage- 7.82% • Nonresidential Building Coverage - 152,846 SF of medium intensity retail 10.16% allowed per code • 152,846 SF of medium intensity 32.28% of allowable nonresidential retail allowed per code floor area being utilized. • 41.93% of allowable nonresidential floor area being utilized. Tavernier Town Center: Islamorada Publix: • Approximately 11 acres of upland • Approximately 4.5 acres of upland • Approximately 137,000 SF strip center • Approximately 38,000 SF Publix (out lots not included) • 19.4% building coverage • 28% building coverage • No housing provided on site. • No housing provided on site. +a ✓ WWI m iy! ------------------ • In 2013, Rockland Key Commercial Retail Center Overlay District was established in LDC Section 130-131 through Monroe County Board of County Commissioners Ordinance No. 017-2013. • Staff Report dated November 20, 2012, provided the following: • "The Land Development Code already caps the size of new nonresidential buildings in the Urban Commercial (UC) district at 50,000 square feet and caps the size of new nonresidential buildings in other districts at 10,000 square feet." • "Staff does not object to the concept of establishing an applicable process for a nonresidential ROGO bank, or a codified mechanism to award nonresidential floor area that went unallocated in the NROGO permit allocation system in previous years." • At the time the Staff Report was prepared, Section 138-51 of the 2012 version of the Land Development Code did not include any exception outside of structures within the Urban Commercial districts: Saa 1 3E,57. R4rcf f7GdY1 danra¢kwwu.. al M—all 10 svxWd'.9'Irna tm(sr khIa ou,f tvera IIwo e4 1,11It+YGo.,I,,CAI •r,•OiY, t o%" iJ&ice Jeri 1 fY Ai v l`4`.A J r., I'll-4„6,.6 x,,J 7 ? 5eF a i. d:.. ✓P u. a .0 �i rl,�(,4Y fi 1 mI, et-, d ,-vr V r 1,� t 1,.a uI, �u✓o. "I e;I1(. "Y')b, xt , `rt"n ,u✓✓L.dCil� r,„. nrrl,r+ ��:.',"tI" 1�11th ✓ ✓+ 'm,W L. v 15.., ,, i,'mrIG i r I l .J V,., I:ng' Mt 1°tll--,u al"11116 11 IfX i A <11,1 ON,. 1,, ,m, an ✓ �.,..,,: �� �v i^ ,mo v Ir„ E 1 , 01 IX, I .r✓.a ert.l p:..to OA,mMY54s nffSM«uC.F (dY�Yl'�'S aPu dC(rJrJ f'h.T b'M✓6{� Fn uruC z rtrF.; ,{ ,t A7.[,LA I ,'A.,l 0'2.�, � .'eft . � ..YR��. �*ldbS ,.�Y�.�It w=,1 ny n ry i ,C*9.1 ��r�i�4 @ i T n�'IC a J en.1,�"!�ry .a n1 6t �"t-,ffY I(J monvi'I B6LW,'favealser;nCJYAP"21be t, .t 4 x It „i m'-X I r, .r„„ ✓J f',:,. .tw C {<,fJ u�nrt, aaly tvlEsz Ot.«mk-'._..„� u751'« o Y, ✓+A�a r, �,'.9'a* � .0 �t rG r f� A�s "'I •."I•,I I rr ,� r'.���- nr.ao � ,'1„rr m. a ^€ ."i';F �, ,C ,F��• '.�T✓ ..,i•Yx' ). �P,.,..�.. r r..J"O�u .I... ------------------ • In response to the Rockland Application and the corresponding Staff Report, the Monroe County Board of County Commissioners approved amendments to Section 138 of the Land Development Code through BOCC Ordinance Nos. 019-2013 and 020-2013. • The amendments provide an additional exception within Section 138-51(c), which "allows a structure within an overlay district established in a community master plan in which the maximum shall be governed by the master plan if applicable or within chapter 130 specifically allowing such a structure of over 10,000 square feet," and established an application process for the NROGO bank, a codified mechanism to allocate floor area that went unallocated in previous years. • Utilizing the exception codified in LDC Section 138-51(c), and the NROGO bank, properties within the Rockland overlay district were permitted to receive NROGO allocations and develop buildings exceeding 10,000 square feet and up to a maximum of 175,000 square feet of floor area. • The intent behind the adoption of BOCC Ordinance Nos. 019-2013 and 020-2013 was to permit large properties to utilize available NROGO allocations to develop large nonresidential developments in suitable locations. • Property is located within the Suburban Commercial Zoning District and Mixed Use/Commercial FLUM. • SC Zoning allows commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of greater than 10,000 square feet by means of a Major Conditional Use. • LDC Text Amendments are reviewed for consistency with the Comprehensive plan and Florida Communikeys Plan • The proposed amendment is consistent with the Comprehensive plan and LCP, as shown below: • Review of amendments to the Land Development Code is based upon consistency with the Comprehensive Plan and Livable Communikeys Plan: • There is no express prohibition in the Comprehensive Plan or LCP restricting the development of supermarkets or any restrictions on commercial buildings based on size; • Nothing contained in the Comp. Plan or LDC provides a standard of review for supermarkets or the size of a commercial structure. • For text amendments, it falls on the Board of County Commissioners to find that the amendment will result in an adverse change in community character; • No evidence has been provided that the proposed amendment will result in an adverse change to community character; • In addition to the above, the Applicant is following all community character guidelines provided for the Tavernier overlay district: • The US 1 Guidelines specifically provides building types, identifying "Large Commercial Buildings" and providing that they are permitted in both the General Urban zone deep lots or in the Suburban Zone. • The General Urban and Suburban Zones share almost all development standards in the US 1 Guidelines, including width and depth of a building, showing that commercial buildings, regardless of size, can be developed in either zone. • Although not required at this point in the review process, the Applicant has provided the following to show its commitment to preserving the community character and following the US1 Guidelines and LCP. 11 1 " ll 1lllll ................ . ......... ............... ................................. ............. 111111111111111—ru�.................— g""", ........................ 7 H owjjjjjjjjjjjjj ( US-1 (FRONT)FACADE ELEVATION TAVERMERCREEK OVERLAY CRITERIA SUBURBAN B MOINGCONMURA"ON HVIGHTMOTWMPTH 4 EXTEMORV& 8, """y" 4 v,�w A'k 4 4 s 611DINGrAt,'ADEGM Kr�4DCW�B)'j'�,V'VOUTSTItATr'R'O"V�DErREATERT"At46rX COMBINA*NsrucrooNGROd�AN HAR61F.SOk�0 00wRANDTolER RM EW WTH TMERS,WALK UNDER APACADUMRCH,AND SMONG MASS CT' • PducR GOMMINEUT MMONS, RWF SHAP5,,Mi (; a r t f",1 1,11","N I OV, V, RWr ELtMfN'rS WO HSLOPED ROOFS(WPPCDp WACHES 8 AKADES . x'"x mo GLAONG PR&Ob MWfH I MAROKAKWS MT'HMEADAND&LL PREATum AQ WGS, of,(,,l,,,,,, � ho�o", "'m"n UNDERARCADE PROVIDEDN Ok8�RONT FACADE Oy fff,bl(,,ff)�f AV� "W l,,x),4 lo,""�M............"ly ... j BULMNG ELEMENTS RAJ L Rd O$PRMWO A ROUND E,LLVA I FD E N TKV I HAJ MC C I r8C CWTE MA Rrlorfmr,.M"", ..er.a,g.. r4 ol �7 SHOTERS,im, Nr trmA mr,w ROORNG RAHAMASTYLF SHUTTERS PROWDEDAl ENTRY HINCEDAT GROCER UMORSAND TOMR,AND FLAT kfi"YTEDAT ARCADE ��/� EX0 WRY � ;t,,,, o�/ / wr..rwr..rwr..rwr..rwr...„ ..,,.�.aa:�..�..r.rrw.0�;�..r� —.rv— ..................................................... ..................... T1 13 ......... ENTRY SIDEWALK PLAN E M PA 0 ARCHITECTURE AND DESIGN ROME � � • r � � � • �, �� ,, f������ �� , ,,: . �/ /� . .�...�.�� .. . �r � ,,,,� ,/ �, , �; wx� r..,w. �;��� , '� ����� ' io 1 �! i,� �/ ��� f � / / � � / i � ,� ��, �� ����1� ,//6 r� i "� ��ramiii � ,, � r0 �� � ��� �, �; z � �C ���„� .��� u� i� uuom�9 �," �.���.��,� .�w ^�� �Ago (�`�' I ��;;�°f�" �% IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII / i r / / / / / / / o / / / / / ' .r. M .. F "`a'" ' t � ,Ion'. r�l��%✓;'" ,y I ,r 6 r I. 1 � I i I I I m., wm EMPAD ARCHITECTURE AND DESIGN ` i r r EMPAD AR HITECTURE AND DESIGN ° � • . • � • • �, w,r��„o � �� � � .., .; `k& i;, ��,.,, � o, �� / / � � .,�,; R �, P""', ,�,, i;- " ��;, 1 `� � , s.,;,,,e.,.. � � � d %a, ,;,,,, ,,, ,„ �U � �,�,... r - � � � �., a� ..a Vu � i i Fa m� ��,�,��� „s„ � „� i IfW��ii i�������ICI i i ,,,, G/ �o �r V 1� � .,P o� � P M� �flP� ��" ��,,, � ��� �i 1 u�. � � � w it i� i .��� � �Cii � � �� �� i���� "u��iii����a� h,�,� ��. �� „ �i . � � � „��, �` ��� s, u '� - % ., ., DUI, :. :,.: > .,. • The proposed Project is consistent with community character and is permitted in the Suburban Zone under the US 1 Guidelines (as defined in the Staff Report): • The definition provided in the US 1 Guidelines specifically provides that the Suburban Zone is characterized by "intermittent occurrences of open space, residential development of diverse densities, and industrial and general commercial uses following a pattern similar to that found in the mainland suburbs.". • Publix at Plaza Del Paraiso — 12100 SW 1271" Ave, Miami — over 68k feet • Publix at Dadeland — 9105 South Dadeland Blvd, Miami — over 60k • Homestead Towne Square — 891 N Homestead Blvd, Homestead — over 56K • Hialeah Mercado — 1585 West 49t" Street, Hialeah — over 69k • Publix at North Shore — 6876 Collins Ave, Miami Beach — over 56k • Flagler Park Plaza — 8341 West Flagler St, Miami — over 61k • Shoppes of Cutler Bay — 20951 Old Cutler Rd, Cutler Bay - over 55K Illlutl�i �� 11611 � � I I lillll I ��� i,; aV "" i °� ., J uuuuuiiiuu,uuuuuui III uiuuiiiulimuuuuuuuiiiuu • (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. • (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan. Staff asserts that the proposed amendment would limit the County's ability for managing land use without direct oversight provided by designation as an area of critical state concern: • Property is still zoned Suburban Commercial • Subject to all requirements of Major Conditional Use Application, LCP and Tavernier Creek US1 • Adds additional restrictions with overlay and requires development with Development Agreement with preliminary site plan approval • Section 380.0552(7)(1) sets forth the Principle to "[make] available adequate affordable housing for all sectors of the population in the Florida Kew • Requires 86 units of workforce housing • If five 10,000 sf commercial buildings built only 21 units required • Provides preference to first responders • (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan. • Built above Base Flood • Generators that will keep store operable post storm • Parking area for post-disaster relief ** Map Represents one (1) month of Islamorada Consumers - twenty-four (24) Traff i c . months were analyzed as part of the data set. • Per Monroe County Code a traffic study has been submitted � utilizing the ITE manual for super-market and workforce housing trip generation • Our study shows that 14 trips will need to be mitigated at the building permitphase Also included as supplementary information in our submission is cell hone data collected b an independent rd p Y p 3 party(1-month map shown): • Cell phone data shows the population of Tavernier is traveling 9 miles North or South to Publix on Highway 1 • With the construction of this store the time and J ` distance to Publix will be greatly reduced for the Tavernier population therefore reducing overall traffic on segment 21 and U.S. 1 f , • Using the average monthly consumers and the 2 � expected trips for each a week amounts to an expected „moo 2504 weekly yy trips expected to be transferred from the � Islamorada Pubiix to the Tavernier Publix. • breaking those 2504 expected trips a week into daily ° trips provides 701 daily trips. • The Placer Al data shows that 701 Segment 22 trips will be removed from Segment 21 once the Tavernier Publix is built y t Applicant and County agreed to mitigation of the 14 excess dais trips and potential mitigation o tions are being y p pp g J�1 explored. Staff Recommendation: Applicant Response: Cu. 130,443."l,,tveiiiriiimleiir('oiTiiinna�,iiireliI OVreirlay ............W�.............................. and. of Che� Tavejuilei- Cgrrrnnilgjrcla��� Overilly Applicant accepted Staff's proposed revisions as .................................... . .............................................................................. . Drict ks, Io i & in t jj g,,p ...Qtgt!,� �Ijg of the ...............................M .111MCIIIIII, !�jg ji ...... ........ ......................... shown in Applicant's proposed text submitted on Li�!M!�Jhelilsive Phing ajild to allo -jar le t ill.............. ................................................................................................ C�. S &t 1 L�LFLa�jrj SefVrj�S tblle jjj(�(qjs of January 19, 2024. scalrified :Irea of" flli�e 1L ..j .................................................... ......L.............................................. lig 1,11he jytegt i fti� .gecessible PlIg ne�nil ve�sjdc pts of th( �jjgp mnafintahimuimuu................................................................................................................. Faveirmier Oveirla it Dsric t shall be s)Illlowfl� -as ....................................................................................................... g ]Phw jijlve]-uIflomr y �rjct win the Official Land Use Disfirict C'minuriercial Ov(,!iiir����,iiy.,.,Ilistiiirict. shall be showin gis the hogiinda.j. of,th ..pgj�qJN -N................................ .......It . Applicant accepted Staff's proposed revisions as wiflh Mwni�roe Coulint Parvel ED In 1.1111�Ilqdl)e�I-S 00490250- 000000 wind 00089490- .......................................................................................................................................................................................................................... shown in Applicant's proposed text submitted on January 19, 2024. Staff Recommendation: Applicant Response: 6J A Applicant accepted Staffs proposed revisions .t o I I o W.i.n..jF_standards. An to the, Offic�.il Land U se as shown in Applicant's proposed text ............................................................................................................................................................................................................................................................................................... 12.LS �ici..M uired and s,uch overly stiali be shown submitted on January 19, 2024. .........................�,!P............... (h.e. 0 f.f.i.c. ia I La.p...d. U s e Q i..s t.T ict Ma.p 2 The (Jevelo I'm." Nc nt—of nonresidenfiM structure that contains niorc than t 0.,� jh2j, 0 .............................................................................................................................................................................................................................................. ........... . ... ... • Applicant requests that the following a District shatl bf,.,�, su and c onditioW of a a ved w it I.j.4 t the..............0��K.I Y.......................................................................................... subsections of section (c) be revised as .......................................................................................................... cv.c 1 n! Agrecrnent .5 defined in follows (Additions in RED): sections .............................................................. ... I.R.L.I.S.1 i.I.I..0 ovisions for tlie k p a.................P r.................................................................................. deve......................................i h6 f 11in.2 COM - .Industr ial usc,..s a n -ran i u L,d mi Lh—ft i-I ih-L� b. Pref'erred. I a,ing standards for essential workers of the workforce f 3 L.C....da K.. N i h�ni n�h �r �i n �n �n qjjjt!:� ........................................................................ 5......... the c,AnAMQyUl �,iit(,,RL,,tti that includes the fiollowingy in addition to all site .... ............ ......... ...................... h i A 1.1 ian walkwa -onnectim he nonre'sidentia,P Ig .rea to (he, r�),hj of.way ........... .......................................................... a——————--- .k.i.i.o..w ri a..s Omnge 1aj0.Bss0.BrY1 lr0.>erd. 12a alnrr'a;atl h XYti for ix... ......... �d(.,,stfiur�walkva�mi.ist be�in co�nipliince ait.h Cliapter 114_ArticicV. ................................ fl, ut o W.2 in...........................................................................➢Ito .or W. .......... ad�dkion v,)�alln,,(,. ir.l.m. .,,nts o(. f.(.-,hapjer 11.4—Arficle V1. . .............. . ..... .................... s h hlz JE n rneamired in footcan&s I any cmcrio.r P.E.IP 1 Y kne aalaacc;rIll tc>resia.la;rflVial uses. Wert ir1.c 1auaia°d trr this aa`erla slraIlil Trot exceed --strian watkwa or an th. fin reg,vire far tire salet I ovide by Mmoc Cou Y� ------------jf� Staff Recommendation: Applicant Response: ................................................................l Develop.Mg ............................. ... ..RI E!!. i. . a I Applicant accepted Staffs proposed revisions as .......... L, There shall be no allocated or max um 9 im n dq t wit standuarda avaittable tor shown in Applicant's proposed text submitted on .......................................................................................................................................................................................................................................................................................................................... ...................... ..........y market rate or transient, dwebig---miLL January 19, 2024. .................................................................................................................................................... .......................... 2 'I'he 'l'avernier Commercial Ov, 14.y .................................................................................................................................................................................................................... ............Qistrict sh,,A.fl be limited to a..maximum total p al ol' gk i.n t.. ............................. ............ a. 49,900 :a gar fiect o f.non.re.sidentflal—i.loc)rarew. and ................ b, 86 deed restricted workforce [11O.U.s. in dw Hng in its and .................................................................................................................................................................................................................. ........ g....................Q i j— c...a. .c c cS........................ Staff Recommendation: Applicant Response: N.RQGO Allocations,Notwithst n in Secfion B8 5 1 J-he 'ravernier ...............................................................................................................................................................................a d...........g.. Applicant accepted Staffs proposed revisions as Cornrnerd I Ove la District sliall have the Follo i i NROGO allocation ................................. ...s ..a.n..d a.i....d............ .... ...........................C Y shown in Applicant's proposed text submitted on ........................................................5 satisfie& January 19, 2024. ........................................................ 1, MaxiMUM altocaflon of nonres'�dential floor area, r rhe amount of .............................................................................................................................................................................................................................................................................................................................................................................................................................. MRE.gs id qflli I floor area to be allogged or traqsf�rrqd to the ............................................................................................................................................................................................................................................................................................................................................. .T.........a........v.......e.r.....n.........i...e.......r..............C....o........m............m.........er......c........i....a.......l............O..v........e.......r......l...ay.........Qi rict shal be limited to a tnax�n,Wrn of.42,99() 5 ..............................................................I........ ....quare feet,............................................................... 2. Max" uni floor area p.g[ WnL..............................U ......................................................................................... ... V.is t.r.j.-c t sh a.]I b e p ............................. .................. ........... ....gmij jgd..........1p r..e..c e i..Y.e al]. a I Q e at j o r] t.t].21 g2q2.Md.5,.. t h e............s 1 i i t c t t t r e..........to...........r n 9 t e...........t h.. ..........1 0 0 00 sq t not. to cx(.,,ec(.t a gg��j et bu je maxim of 49.9 s 1.w ..........................................M ........................I 1 00............C .re 9 n n res id e n(JA I...........fl or a ne a... Staff Recommendation: Applicant Response: (1)...............Notwithstanding..............LIX.I.................Sections 139::::j(gj ..............Barad. ................I . ........................................................................................ .... 39 lam. Applicant requests that the following subsections of section (f) be 86 workforce housir b .........................................................................................................................................16! 115�..........Mlh t..................... p revised as follows (Deletions shown as RED 4fikethr-&�): myided on site c nsjstj.!jg---!af--24% .. ..................................................................................... ............................... i ornc�. 241/.� jmjts..L ow incorne.........Zf. .........G 2——1—1nii-ki I aL—uW—tsLv—e-ry-_l(yw n�( ............. A-- median incorne and 26% (22 qgits) m, �Jgq corne. No uild.in.in P ....................................................................................h........................ 9 gEDA shall be issued for a structure receiving m NROG'() Allocation or transFer w6fideFee-h ................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................. that wo u e and a nonresidential structure within the ) C�( v i jg�L�� ..................................................... .0�00s—�..u,jare fieet unless and unt.i.1 b u.i im ermits lJor all 86 workilo.rce ............................................................................................................................................................ ..... ............�TM�ILS IOr Gill 6() rKlo.f.ce No building ........ units have u ve been issued. permit shall be issued for, a S NROG trUCtUre receiving an O Allocation or ... 4P� transfer that would expand a nonresidential structure within the Overlay to more than 1.0,,000 square feeL unless and until building permits for all 86 workforce housing units have been issued.. • Applicant requests that this provision be stricken as income levels will be handled at the development agreement stage. Staff Recommendation: Applicant Response: Ali �� ��sn�.�rr �rr� ��p .. � � l � ay -�ve � district ��� �- . - a Applicant accepted Staffs proposed revisions as �fieroCROGOexern loons , b n �b x b: � �brida�a is dwell shown in Applicants proposed text submitted on ��'„cx�s��� ���'a���y �sd,�q��i�l�e� ���ru��r���ab units that: have less t;���� fiv.e gars re. zrr, ,�� on ttnhe rec aubre(i deedd restrh tion January 19, 2024. puzasnra� ....t.oSectflQii 1 3 8 Staff Recommendation: Applicant Response: (h) Prior to the issuance of'a Certificate ol'Occupancy &.T a. nonresidential ................. ................................................................................................................................................................................................................................................ ........ . .............................................................................................. Applicant requests that the following subsections of structure that is rnore t ar 1.0 0)(0)(0) scuiare�reev .................................................................................................................................................b............ ............. section (h) be revised as follows (additions in RED): A...t. I.e a..s.1 59 (4.3jof t..he—_r ... .......... ............... for a must have received a Certificate f .................................................... ....................................................................................................................................................................................................................0. ....(..jc.c.jjpancy;__and. nonresidential strUctrure that�s more tha 1.0 000 s uare ,forx howjnv units ......................................................................................................................................................................................................................................................................................j ............................................. 2......At least 50% (j,3 of. the, rc( uirc.A. 86 worl C ............ ................................................................................. ,---,)------------------I---------------------------------------------------------------------------------------- MI.]s t b aye e r.e..c ei.y. e..d a.pproved foundation inspections........................................................ 1. At least 5 0 of the re(j.Uired 86 workforce hous.n units rylust .......................................................................... ....... ..I.I I..... ............................................................................................................................................................................i g............................................................................ hav e.,.x e...c.e.ime d a..Ibmp-�C.cxtifi U; c'..u.pa-ruy---an d.. I At least 5(..?/b .3 t ...................................................................... .h.a. V..0 e iv d a P.pr—aKcd—fQu-n-d-,iLian--in—,Wi�-c--i�n, Staff Recommendation: Applicant Response: 10............All............odiff............t-irovisions of' the..........C I Taverni Liva Applicant accepted Staffs proposed revisions asble rn re lensive P ............. C o r r r r u n ik ...............P I a r.l............t h e.................I L f v e r n i e i................C r e e c..............t o.....................M i e....................M..........a r k e r............9 7...........1.....J r S.............I I ighway Coriidor De el N and Guidelines and the 1. d Dev to ment shown in Applicant's proposed text submitted on ............................................................... p m�m! ignif.ard ..................Y...........�2 ............................................................................................................................................................................................................. .......................................... .............P................................. January 19, 2024. aimless, 5,.IY gagi. �Igd hgIgin..... • • Small Scale Future Land Use Map Amendment [File #2023-206] - Determination of Completeness received January 29, 2024 • Small Scale Comprehensive Plan Amendment [File #2023-205] - Determination of Completeness received January 29, 2024 • Land Use Map Amendment [File #2023-207] - Determination of Completeness received January 29, 2024 • Development Agreement --- --- ---- January 29,2024 Barton W.Smith,Esq. Smith Hawks,P.L. jjdiHawks.coirn .. .....................wlrs................................... RE: Determination of Completeness—Request for a Comprehensive Plan(CP)Text Amendment-File#2023-205 Dear Applicant; Consistent with the standards provided in LDC Section 110-4,1 have reviewed the most recently Submitted documents that are to be considered as part of this application for completeness.The application is complete. flre �,ite-ad dtes s"i itt wdet-ftHtv eefflf"'4 to"Tie4t,. Please note that only a completeness review of the application has been performed.Staff will,now begin to review the submitted application for compliance with the LDC and Comprehensive Plan.In accordance with LDC Section 102-158(d)(3),a Concept Meeting(with the applicant and staff)is required.Staff will review the application as proposed and reach out with potential dates to schedule the concept meeting. Let me know if you have any questions. Best, Demn Folpri,ACT,CFM Mann i:g&I Dev,",iopmem Reme�AOkrnafrr Resoujcet 102050 Ovem8ss,mghwsyl<ey aigo F1 K1027 Q5 453 8755 & NWwa OD ilia f"DID"M'•eapf"P memli RwvM or Omwwlw�,uuw��uf�wWmwaurma° rt i w n fulli'mo m d gmwr�l4Yu qY r,aawn'r IW u l Ru Nr 7r� �BNd��sum �revwu��ip�il��mn "�Wmsm�a 6 Pit, d rR+: W Momq 6;"5"rcrc'uRd r� jamaq 2%204 With Ham%P.t... DemAPOWam, C� �� ; �. ... h. .m. �.[ ,. n. d".a M�., w d. s.am„o-i�. a r'� r,. I <...k e..�.,i. d..�,: . r �. . m� m �... m �r,,.'� ��...�.NP"�dl'�W,��.7F"ir�"u�rW�d�����'p�..4allmaq�'�q�W,tl41�'�%�W .kq.V�d�����W. d��A.�.��.,,.rXTM���111���#� V�.� '� �..WakM"m"�.1�i�"M"'6�.V�,1,�2k'��.�'w�, " �7"....tlR�.Z �w�.qV��.@�"BtlV�4��79.&N�'�.�W���tl1q�N,RtlN7�u�#��L1�wr�W�kr^k�9 ,��k..���,�k�6.,�VG�wW�M����h�'�p*k�i�ggA�����,-R"�i��,�.b.d0�11�"X��,�I���P"W��,M�',NVtl'tl�kV��P��.�q'gl..5r.. Homo nolol st4wnkyarwornp'I,oloni,5,s roviewof The ampWai OcnNhasbw:on iliorrmic A tnOWbmonNoPrA for ronipillppice with thic,IL",wnd CompirchenOw,Plan. L el irie it;nciwdtyou hary 4wu°wdw°quiesVw,ns, saw, i���anmsinr wsowuu�G,w�ws��," tww wu� ----- ---- ---- ---- Jain,uary 29,2024 Barton W.Smith,Esql. Smith,Haiwks,R.L. rrc M I I—f "n ii t in lH aw k s.c o ni RE Determination of Completeness—Request for a,Land Use District(Zoning)Amendment-File 2023-2'07 Dear ApUcant: Consistent with the stainidards pirovidled lin LDC Section 110-4,1I Ihave reviewed the most recently submitted dlocumients that are to be consiidered as part Hof Nis application for comipileteniess.,The application is compLete. Please note that only a completeness review of the application has been performed.Staff will begin to review the submitted application for compliance with the LDC and Comprehensive Plan. Let me know if you have any questions, Best, DrMin FrApun,AIIICTI,CF10 Iannlng&Devek)piyient RicMiNI Aaragt,�r "4c)n1roe � Hanningand �esoivcels O"Jor"nas HIL,Ih";v;"y,Kvy laq;p, I 305 4153 8755 � iiiiii//%%%%%%%%/ %�rrrrrrirrrrri//%�����riii `8���i�iY''II / 1 %/' ���� � �/ iiiii�/rriii %/%%///iii flip i � 19 �IVlu�r ll'I° ��� /%%���j/i������////////////////////////////////////%/%///%/�� ��f���i ���� I�I J�IVIu�o'�i, o � �,,, „%f�//ii .Dili%/�h J�/ �����II� � lip iiiiiiiiiiiiiiiiiiiii; ///// i//ia a,, /%f�%%%%%%%%%/ � • �„ i��r��� '� ��� �� ��, �,, �, �� , . �� ��