Item P084
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: P.8
Agenda Item Summary #1507
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE
MAP FROM RESIDENTIAL LOW (RL) TO MIXED USE/COMMERCIAL (MC) FOR
PROPERTY LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILE
MARKER 98, DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP 62 SOUTH,
RANGE 39 EAST, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS 00091000.000000 AND 00091020.000000, AS PROPOSED BY SEE
THE SEA OF KEY LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR AN EFFECTIVE DATE.
ITEM BACKGROUND:
The applicant, See the Sea of Key Largo, Inc. and Coconut Bay of Key
Largo, Inc., doing business as Bay Harbor Lodge, currently operates a hotel/motel business at 97770
and 97702 Overseas Highway in Key Largo. The subject property currently has a Future Land Use
Map (FLUM) designation of Residential Low (RL) and a Land Use District (LUD) designation of
Suburban Residential (SR). The current policies of the Comprehensive Plan do not allow a
hotel/motel use within the RL FLUM category, and the current use is therefore considered
nonconforming to the provisions of the current Comprehensive Plan. The applicant is requesting a
change to the FLUM designation in order to eliminate the nonconformity. The applicant has also
requested a corresponding Zoning amendment for the property from SR to Suburban Commercial
(SC).
On December 10, 2014, at a regularly scheduled meeting, the BOCC adopted Resolution #374-2014,
transmitting to the state land planning agency an ordinance amending the FLUM for the subject
property from RL to MC. Policy 101.4.20 (discouragement policy) of the Monroe County Year 2010
Comprehensive Plan, which became effective on November 20, 2012, applies to the proposed
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FLUM amendment and would require one of the following by the applicant prior to BOCC adoption
of the proposed FLUM amendment:
a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA located
within the Upper Keys Subarea; or
b. Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the Upper
Keys Subarea; or
c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
Subarea.
The draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO),
which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC)
report, received by the County on March 23, 2015. The ORC did not contain any objections to the
proposed FLUM amendment for the subject parcels. Normally, the County has 180 days from receipt
of the ORC report to adopt the amendment, adopt with changes, or not adopt the amendment. The
County requested and was granted two extensions to this deadline from DEO in order to process a
request from the applicant for a Comprehensive Plan text amendment to accompany the FLUM
amendment, as described below. The new deadline for adoption is May 15, 2016.
In response to the requirement to comply with Policy 101.4.20, the applicant has requested a
Comprehensive Plan text amendment creating a subarea policy for the subject parcels that would
eliminate any increase in potential residential development associated with the proposed FLUM
amendment and thereby eliminate the requirement to donate land. The proposed text amendment was
considered by the BOCC at a public hearing on January 20, 2015, and transmitted to DEO. On
The ORC report contained no objections or comments regarding the proposed text amendment
creating a subarea policy for the subject property.
The proposed text amendment and the proposed Zoning amendment are also scheduled to be
considered for adoption by the BOCC at public hearings on April 20, 2016.
PREVIOUS RELEVANT BOCC ACTION
: Monroe County Resolution #127-2012, adopted by
the BOCC on April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations
that would eliminate the nonconforming use created with the adoption of the existing designations
and not create an adverse effect on the community, provided the existing use existed lawfully in
1992 and 1997. This provision remains effective in the current Planning & Environmental Resources
-2013).
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy
101.4.20 discouraging private applications for future land use changes which increase allowable
density/intensity. This amendment was found in-compliance by the State Land Planning Agency and
On December 10, 2014, the Monroe County BOCC adopted Resolution #374-2014, transmitting to
the state land planning agency an ordinance amending the FLUM for the subject property from RL
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to MC.
On January 20, 2016, the Monroe County BOCC adopted Resolution #002-2016, transmitting to the
state land planning agency an ordinance amending the text of the Comprehensive Plan creating
Policy 107.1.5 Key Largo Mixed Use Area 2, to provide limitations on development and specific
restrictions for the subject property.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Draft Ordinance Coconut Bay FLUM
Staff Report - Coconut Bay FLUM
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted:N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant:N/A
County MatchN/A
:
Insurance Required:N/A
Additional Details: N/A
STAFF RECOMMENDATION:
Staff recommends approval, contingent on the adoption of the
proposed corresponding subarea policy eliminating any increase in potential residential allocated
density.
REVIEWED BY:
Mayte Santamaria Completed 04/02/2016 11:00 AM
Steve Williams Skipped 03/29/2016 11:46 AM
Budget and Finance Skipped 03/29/2016 11:46 AM
Maria Slavik Skipped 03/29/2016 11:46 AM
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Assistant County Administrator Christine Hurley Completed
04/05/2016 10:30 AM
Mayte Santamaria Completed 04/02/2016 11:00 AM
Emily Schemper Skipped 03/29/2016 11:46 AM
Kathy Peters Skipped 03/29/2016 11:46 AM
Mayte Santamaria Completed 04/02/2016 11:02 AM
Steve Williams Completed 04/04/2016 8:46 AM
Assistant County Administrator Christine Hurley Completed
04/05/2016 10:04 AM
Emily Schemper Completed 04/05/2016 11:03 AM
Mayte Santamaria Completed 04/05/2016 11:40 AM
Kathy Peters Completed 04/06/2016 9:11 AM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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8
MONROE COUNTY, FLORIDA
9
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10
ORDINANCE NO. ____ - 2016
11
12
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13
COUNTY COMMISSIONERS AMENDING THE MONROE
14
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
15
(RL) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY
16
LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY
17
LARGO, MILE MARKER 98, DESCRIBED AS PARCELS OF
18
LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
19
ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA,
20
HAVING REAL ESTATE NUMBERS 00091000.000000 AND
21
00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY
22
LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.;
23
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
24
OF CONFLICTING PROVISIONS; PROVIDING FOR
25
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
26
AND THE SECRETARY OF STATE; PROVIDING FOR
27
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
28
PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
29
MAP; PROVIDING FOR AN EFFECTIVE DATE.
30
---------------------------------------------------------------------------------------------------------------------
31
32
WHEREAS,
33 on June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key
34 Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting to amend
35 the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from
36 Residential Low (RL) to Mixed Use/Commercial (MC); and
37
WHEREAS,
38 the subject property is located at 97770 and 97702 Overseas Highway, Key
39 Largo, Mile Marker 98, described as parcels of land in section 6, township 62 south, range 39
40 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
41 00091000.000000 and 00091020.000000; and
42
WHEREAS,
43 See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
44 business as Bay Harbor Lodge, operates a hotel/motel at the subject property with a current
45 FLUM designation of RL, which does not allow hotels or other transient residential uses,
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1 therefore the existing use is considered nonconforming to the provisions of the current
2 Comprehensive Plan; and
3
WHEREAS,
4 See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
5 business as Bay Harbor Lodge, is requesting a change to the FLUM designation in order to
6 eliminate the nonconformity for the existing hotel/motel use; and
7
WHEREAS
8 , the Monroe County Development Review Committee considered the
rd
9 proposed amendment at a regularly scheduled meeting held on the 23 day of September, 2014;
10 and
11
th
WHEREAS,
12 the Monroe County Planning Commission held a public hearing on the 29
13 day of October, 2014, for review and recommendation on the proposed Future Land Use Map
14 amendment; and
15
WHEREAS,
16 the Monroe County Planning Commission made the following findings of
17 fact and conclusions of law:
18
19 1.The proposed FLUM is not anticipated to adversely impact the community character
20 of the surrounding area; and
21 2.The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
22 adopted Level of Service; and
23 3.The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 Monroe County Year 2010 Comprehensive Plan, contingent on compliance with
25 Policy 101.4.20 prior to adoption; and
26 4.The proposed amendment must comply with Comprehensive Plan Policy 101.4.20
27 prior to adoption by the Board of County Commissioners. Based on the
28 density/intensity analysis, and in order to mitigate for the impacts of approval, one of
29 the following options needs to be addressed:
30 a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA
31 located within the Upper Keys Subarea;
32 b. Donation 12 non-scarified IS Lots designated Tier I or Tier III-A located within
33 the Upper Keys Subarea; or
34 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper
35 Keys Subarea.; and
36 5.The proposed amendment is consistent with the Key Largo Community Master Plan;
37 and
38 6.The proposed amendment is consistent with the Principles for Guiding Development
39 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
40 Statute; and
41 7.The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
42
WHEREAS,
43 the Monroe County Planning Commission adopted Resolution No. P34-14
44 recommending to the Monroe County Board of County Commissioners approval of the proposed
45 amendment contingent on compliance with Policy 101.4.20 prior to adoption; and
46
Ord. No.___- 2016
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th
WHEREAS
1 , at a regular meeting held on the 10 day of December, 2014, the Monroe
2 County Board of County Commissioners held a public hearing to consider the transmittal of the
3 proposed amendment, considered the staff report and provided for public comment and public
4 participation in accordance with the requirements of state law and the procedures adopted for
5 public participation in the planning process; and
6
WHEREAS
7 , at the December 10, 2014, public hearing, the BOCC adopted Resolution
8 No. 374-2014, transmitting the amendment to the State Land Planning Agency; and
9
WHEREAS
10 , the State Land Planning Agency reviewed the amendment and the County
11 received its Objections, Recommendations and Comments (ORC) report on March 23, 2015; and
12
WHEREAS,
13 the ORC report did not include any objections or comments regarding the
14 proposed map amendment; and
15
WHEREAS,
16 in response to the requirement to comply with Policy 101.4.20, the
17 applicant has requested a Comprehensive Plan text amendment creating a subarea policy for the
18 subject parcels that would eliminate any increase in potential residential development associated
19 with the proposed FLUM amendment and thereby eliminate the requirement to donate land; and
20
WHEREAS,
21 at a regularly scheduled meeting on April 20, 2016, the BOCC held a
22 public hearing to consider adoption of the proposed FLUM amendment;
23
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
24
COUNTY COMMISSIONERS
25 :
26
Section 1.
27 The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
28 amended as follows:
29
30 The property located at 97770 and 97702 Overseas Highway, Key Largo, Mile
31 Marker 98, described as parcels of land in section 6, township 62 south, range 39
32 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
33 00091000.000000 and 00091020.000000 is changed from Residential Low (RL)
34 to Mixed Use/Commercial (MC) as shown on Exhibit 1, attached hereto and
35 incorporated herein.
36
Section 2. Severability.
37 If any section, subsection, sentence, clause, item, change, or provision
38 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
39 validity.
40
Section 3. Repeal of Inconsistent Provisions.
41 All ordinances or parts of ordinances in conflict
42 with this ordinance are hereby repealed to the extent of said conflict.
43
Section 4. Transmittal.
44 This ordinance shall be transmitted by the Director of Planning to the
45 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
46
Ord. No.___- 2016
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Section 5. Filing and Effective Date.
1 This ordinance shall be filed in the Office of the
2 secretary of the State of Florida but shall not become effective until a notice is issued by the
3 State Land Planning Agency or Administration Commission finding the amendment in
4 compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida
5 Statutes.
6
Section 6. Inclusion in the Comprehensive Plan.
7 The foregoing amendment shall be
8 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
9 Map.
10
PASSED AND ADOPTED
11 by the Board of County Commissioners of Monroe County,
12 Florida, at a regular meeting held on the _____ day of _________, 2016.
13
14 Mayor Heather Carruthers _______
15 Mayor 4VS8IQ George Neugent _______
16 Commissioner Danny L. Kolhage _______
17 Commissioner David Rice _______
18 Commissioner Sylvia Murphy _______
19
20 BOARD OF COUNTY COMMISSIONERS
21 OF MONROE COUNTY, FLORIDA
22
23 BY ______________________________
24 Mayor Heather Carruthers
25 (SEAL)
26
27 ATTEST: AMY HEAVILIN, CLERK
28
29 ____________________________________
30 DEPUTY CLERK
31
Ord. No.___- 2016
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Exhibit to Ordinance# -201
"
)
98
00091000-000000
00091020-000000
The Monroe County Future Land Use Map is amended
as indicated above.
¯
Proposal: Future Land Use change of two parcels of land in Key Largo having Real Estate Number:
00091000-000000 and 0009100-00000 from Residential Low (RL) to MixedUseCommercial (MC).
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MEMORANDUM
MCP&ERD
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
;IWXVMZIXSFIGEVMRKTVSJIWWMSREPERHJEMV
To:
Monroe County Board of County Commissioners
Through:
Mayté Santamaria, Senior Director of Planning & Environmental Resources
From:
Emily Schemper, Comprehensive Planning Manager
Date:
March 30, 2016
Subject:
Request by See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc. to
amend the Future Land Use Map (FLUM) of the Monroe County Year 2010
Comprehensive Plan from Residential Low (RL) to Mixed Use/Commercial (MC)
for property located at 97770 and 97702 Overseas Highway, mile marker 98, Key
Largo.
Meeting:
April 20, 2016
I. REQUEST
On June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
business as Bay Harbor Lodge, submitted an application requesting to amend the Future Land Use
Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to
Mixed Use/Commercial (MC) for property located at 97770 and 97702 Overseas Highway, Key
Largo, having real estate numbers 00091000.000000 and 00091020.000000.
Existing FLUM Designation Proposed FLUM Designation
File # 2014-100 Page 1 of 15
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II. BACKGROUND INFORMATION
Site Information
Location:
MM 98, Key Largo, Bayside
Address:
97770 and 97702 Overseas Highway
Description:
Part of Lot 10, PB1-59, Section 6, Township 62 South, Range 39 East; Island of
Key Largo
Real Estate Numbers:
00091000.000000 and 00091020.000000
Owner/Applicant:
See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
business as Bay Harbor Lodge
Size of Site:
2.2 acres
Land Use District:
SR (SC is concurrently proposed)
FLUM Designation:
RL
Tier Designation:
III
Flood Zones:
X; AE (EL 9); AE (EL 10); VE (13)
Existing Use:
Hotel/Motel
Existing Vegetation/Habitat:
Developed land
Community Character of Immediate Vicinity:
Adjacent land uses consist of MU and SC
district uses. North: Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing
Chiropractor, Conch Republic Woodworks; West: Florida Bay
The subject property currently has a Land Use District (Zoning) designation of Suburban Residential
(SR) and a Future Land Use Map (FLUM) designation of Residential Low (RL). The property was
partially within a BU-2 district (Medium Business) and partially within a RU-3 district (Multiple
Family Residential) prior to September 15, 1986 when it was re-designated as SR (the final adoption
of the LUD map was in 1992).
subject parcels were given their current FLUM designation of RL.
The subject property is currently developed with a motel/hotel. According to the Monroe County
is currently developed with five buildings, with year built dates of 1968, 1971, 1983, 1954 and 1968.
The portion of the subject property assessed as RE #00091000.000000 is currently developed with
three buildings, with year built dates of 1967, 1967 and 1967.
Lawful Nonconformity
Although the SR Zoning may permit a hotel of up to 11 rooms, the RL FLUM designation does not
allow hotels. Monroe County Comprehensive Plan (MCCP) Policy 101.4.2 states that,
purpose of the Residential Low land use category is to provide for low-density residential
development in partially developed areas with substantial native vegetation, and does not refer to
hotels or other transient residential uses. Further, MCCP Policy 101.4.22 states that, for the RL
FLUM category, the allocated density for transient residential uses is 0 rooms/spaces and the
maximum net density for transient residential uses is N/A.
The existing hotel use is therefore not consistent with the RL FLUM category, as it does not conform
to its purpose or density and intensity standards. As such, it is considered a nonconforming use to the
provisions of the MCCP and as it was lawfully established, the hotel use may continue to exist per
File # 2014-100 Page 2 of 15
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the nonconformity policies provided under MCCP Objective 101.8. The applicant is requesting to
amend the FLUM designation for the existing transient use from Residential Low (RL) to Mixed
Use/Commercial (MC). The proposed FLUM amendment, together with the associated proposed
LUD amendment from SR to Suburban Commercial (SC) will eliminate the nonconformity of the
use. 8LIWYFNIGXSJXLMWWXEJJVITSVXMWXLIVIUYIWXIH*091EQIRHQIRX
The current P
2013 by Resolution #183-2013) includes a special provision for properties with certain
nonconforming uses. The BOCC first adopted this provision as an amendment to the fee schedule on
April 18, 2012 by Resolution #127-2012. This resolution amended the Planning & Environmental
LUD map and/or FLUM amendment that eliminates a lawfully established nonconforming use
created with the final adoption of the LUD map and/or FLUM, and which does not create an adverse
effect on the community. To be exempt from the FLUM amendment application fee, the property
owner must provide satisfactory evidence that the existing use on the site also existed lawfully in
1997 and was deemed nonconforming by final adoption of the FLUM.
On December 23, 2013, Monroe County Planning staff issued a Letter of Understanding (LOU)
concerning the property (File # 2013-110; Exhibit 1). As detailed in the LOU, staff has found that
there is satisfactory evidence indicating that the existing SR LUD designation and RL FLUM
designation may have been assigned in error as there had been a motel/hotel on the property on and
prior to September 15, 1986. Although the applicant did not propose a new FLUM category at the
time of the LOU, staff determined that, if the applicant requests a FLUM designation that permits the
existing hotel/motel use, the request would qualify for the fee exemption to the FLUM Amendment.
MC would permit the
existing hotel use, and therefore, the request qualifies for the fee exemption.
It should be noted that although staff determined the existing hotel use was lawfully established, the
LOU dated December 23, 2013 did not recognize or otherwise support the total number of
hotel/motel rooms (21) existing on the site as lawfully established, and the letter did not address the
single permanent dwelling unit listed by the applicant of this map amendment as existing
development on the site. This map amendment and any associated documents shall not be used as
evidence of the specific number of hotel rooms or other dwelling units lawfully established. In order
to receive a determination regarding the lawfully established number of hotel/motel rooms and/or
other dwelling units on the subject property, the property owner must apply for a Letter of
Development Rights Determination.
Livable CommuniKeys Plan
community.
In 2006, the BOCC adopted Policy 101.20.2(5) which incorporated the Key Largo Livable
CommuniKeys Master Plan into the Monroe County 2010 Comprehensive Plan. Action Item 1.3.2
se
District Maps to resolve nonconformities in the plaThe proposed
File # 2014-100 Page 3 of 15
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FLUM amendment and associated LUD map amendment implement this Action Item of the adopted
Key Largo Livable CommuniKeys Master Plan.
Public Hearings
At its regularly scheduled meeting on September 23, 2014, the Monroe County Development
Review Committee (DRC) reviewed the proposed FLUM amendment. The information provided in
the staff report and discussed at the September 23, 2014 meeting
recommend approval to the Planning Commission and Board of County Commissioners (BOCC).
At its regularly scheduled meeting on October 29, 2014, the Monroe County Planning Commission
reviewed the proposed FLUM amendment, along with its corresponding Zoning amendment. The
Planning Comprehensive Plan Policy
101.4.20 prior to adoption by the BOCC (discussed in detail below). The Planning Commission
recommended approval to the BOCC of the proposed FLUM amendment, as memorialized through
Resolution P34-14 (Exhibit 2).
On December 10, 2014, at a regularly scheduled meeting, the BOCC adopted Resolution #374-2014,
transmitting to the state land planning agency an ordinance amending the FLUM for the subject
property from RL to MC. Policy 101.4.20 (discouragement policy) of the Monroe County Year 2010
Comprehensive Plan, which became effective on November 20, 2012, applies to the proposed
FLUM amendment and would require one of the following by the applicant prior to BOCC adoption
of the proposed FLUM amendment:
a)Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA located
within the Upper Keys Subarea; or
b)Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the
Upper Keys Subarea; or
c)Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
Subarea.
The draft ordinance was transmitted to the Florida Department of Economic Opportunity (DEO),
which reviewed the proposal and issued an Objections, Recommendations and Comments (ORC)
report, received by the County on March 23, 2015 (Exhibit 3). The ORC did not contain any
objections to the proposed FLUM amendment for the subject parcels. Normally, the County has 180
days from receipt of the ORC report to adopt the amendment, adopt with changes, or not adopt the
amendment. The County requested and was granted two extensions to this deadline from DEO in
order to process a request from the applicant for a Comprehensive Plan text amendment to
accompany the FLUM amendment, as described below. The new deadline for adoption is May 15,
2016.
In response to the requirement to comply with Policy 101.4.20, the applicant has requested a
Comprehensive Plan text amendment creating a subarea policy for the subject parcels that would
eliminate any increase in potential residential development associated with the proposed FLUM
amendment and thereby eliminate the requirement to donate land (Exhibit 4). The proposed text
amendment was considered by the BOCC at a public hearing on January 20, 2015, and transmitted to
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amendment. The ORC report contained no objections or comments regarding the proposed text
amendment creating a subarea policy for the subject property.
The proposed text amendment and the corresponding proposed Zoning amendment are also
scheduled to be considered for adoption by the BOCC at public hearings on April 20, 2016.
III. AMENDMENT REVIEW
Maximum Allocated Density and Intensity by Future Land Use Map Designation
Development
Adopted
Existing FLUM Type potential based
Standards
upon density
Residential
0.25-0.50 du/ac 0.55-1.1 unit
Allocated Density/Acre
Residential Low (RL)
Transient
0 rooms/spaces 0 rooms/spaces
Total site: 2.2 acres
Allocated Density/Acre
(95,832 sf)
Nonresidential
0.20-0.25 FAR 19,166-23,958 sf
Maximum Intensity
Development
Adopted
Proposed FLUM Type potential based
Standards
upon density
Residential
1-6 du/ac* 2.2-13.2 units*
Mixed Use/ Commercial (MC)
Allocated Density/Acre
Transient
5-15 rooms/spaces 11-33 rooms/spaces
Total site: 2.2 acres
Allocated Density/Acre
(95,832 sf)
Nonresidential
0.10-0.45 FAR 9,583 43,124 sf
Maximum Intensity
Residential: +12 units*
Net Change in Development
Transient: +33 rooms/spaces**
Potential Based on FLUM
Nonresidential: +19,166 sf
*The proposed subarea policy to accompany this FLUM amendment would limit
development on the site to the existing residential density of 0.50 du/acre, which would result
in a maximum development potential of 1.1 units and a net change of 0 for residential
allocated density.
**Monroe County currently does not award ROGO allocations for the development of NEW
transient residential units (e.g., hotel & motel rooms), pursuant to MCCP Policy 101.2.6. For
the development of transient units in unincorporated Monroe County, existing transient units
must be transferred from the same ROGO subarea to a parcel designated as Tier III, or Tier
III-A which does not propose the clearing of any portion of an upland native habitat patch of
one acre or greater in area.
The above table provides an approximation of the development potential for residential, transient
and commercial development. Section 130-156(b)
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density and intensity provisions set out in this section are intended to be applied cumulatively so that
no development shall exceed the total density limits of this article. For example, if a development
includes both residential and commercial development, the total gross amount of development shall
not exceed the cumulated permitted intensity of the parc
As shown in the table, the proposed FLUM amendment would result in a maximum increase in
residential development potential of 12 dwelling units. The maximum increase in nonresidential
development potential would be 19,166 square feet.
Any proposed new residential or nonresidential use would be subject to the requirements of Chapter
138 of the Land Development Code related to the Residential and/or Nonresidential Rate of Growth
Ordinance (ROGO/NROGO) permit process.
Compliance with Comprehensive Plan Policy 101.4.20
Policy 101.4.20 (discouragement policy) of the Comprehensive Plan was adopted by the BOCC on
September 21, 2012, with an effective date of November 20, 2012, and applies to this application.
Private applications which propose increases in allocated density must comply with the Policy
requirements. Based on the density/intensity analysis, and in order to mitigate for the impacts of
approval, one of the following options would be required:
a.Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA located
within the Upper Keys Subarea;
b.Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the Upper
Keys Subarea; or
c.Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
Subarea.
In response to the requirement to comply with Policy 101.4.20, the applicant has requested a
Comprehensive Plan text amendment creating a subarea policy for the subject parcels that would
eliminate any increase in potential residential development associated with the proposed FLUM
amendment and thereby eliminate the requirement to donate land. The proposed text amendment,
which is to be reviewed as a separate ordinance, includes the following language limiting
development potential on the subject property:
Development in the Key Largo Mixed Use Area 2 shall be subject to regulations applicable to
the Mixed Use / Commercial (MC) Future Land Use Designation as well as the additional
restriction set out below:
Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying Capacity
Study, maintain the overall County density and the preservation of native habitat, this
site/property shall not increase its allocated density and allowable development potential for
permanent residential units. The following development controls shall apply:
1.The allocated density for permanent residential uses on the site shall remain 0.50 dwelling
units per acre.
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The proposed text amendment was considered by the BOCC at a public hearing on January 20, 2015,
proposed text amendment. The ORC report contained no objections or comments regarding the
proposed text amendment creating a subarea policy for the subject property. The proposed text
amendment is also scheduled to be considered by the BOCC for adoption at a public hearing on
April 20, 2016.
Compatibility with the Surrounding Area
a.Existing Vegetation/Habitat: Developed land
b.Existing Tier Designation: III
c.Number of Listed Endangered or Threatened Species: None
d.Existing Use: Hotel/motel
e.Community Character of Immediate Vicinity: Adjacent land consists of MC uses: North:
Kona Kai Resort; South: Seafarer Resort; East: Harmony Healing Chiropractor, Conch
Republic Woodworks; West: Florida Bay
8LITVSTSWIH*091MWRSXERXMGMTEXIHXSEHZIVWIP]MQTEGXXLIGSQQYRMX]GLEVEGXIVSJXLI
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Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Traffic Circulation (Comprehensive Plan Policy 301.1.1)
The subject property is located on US 1 in Key Largo. The property is only accessible by US 1.
According to the 2015 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a
8LITVSTSWIH*091MWRSXERXMGMTEXIHXSEHZIVWIP]MQTEGXXLI8VEJJMG'MVGYPEXMSR037
Potable Water (Comprehensive Plan Policy 701.1.1)
treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to
23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and
Marathon, which are able to produce potable water under emergency conditions. The RO
desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual
average daily demand in Monroe County is 17.47 MGD and projections indicate a slight increase to
an annual average daily demand to 17.76 MGD.
The proposed FLUM amendment could result in a net increase in demand from this site of up to
1,783 gallons per day if developed to its maximum residential intensity. Currently there is sufficient
capacity for such an increase.
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Potable Water Max Potential
Residential Residential Persons/ Total Total LOS
FLUM Net Change
LOS Standard Development Household Persons Demand
(Policy 701.1.1) (dwelling units)
Current: 66.50 gal/cap/day
1 2.24 2.2 146 gal/day
RL (149 gal/du/day)
+1,783 gal/day
Proposed: 66.50 gal/cap/day
13 2.24 29 1,929 gal/day
COMM (149 gal/du/day)
Potable Water Max Potential
Nonresidential Nonresidential
FLUM Total LOS Demand Net Change
LOS Standard Development
(Policy 701.1.1) (square feet)
Current:
0.35 gal/sq.ft./day 23,958 8,385 gal/day
RL
-6,708 gal/day
Proposed:
0.35 gal/sq.ft./day 43,124 15,093 gal/day
COMM
8LITVSTSWIH*091MWRSXERXMGMTEXIHXSEHZIVWIP]MQTEGXXLI4SXEFPI;EXIV037
Solid Waste (Comprehensive Plan Policy 801.1.1)
Monroe County has a contract with Waste Management authorizing the use of in-state facilities
through September 30, 2024; thereby, providing the County with approximately eight (8) more years
of guaranteed capacity for solid waste. Currently, there is adequate capacity for solid waste generation.
All commercial solid waste is handled by private contract.
8LITVSTSWIH*091MWRSXERXMGMTEXIHXSEHZIVWIP]MQTEGXXLI7SPMH;EWXI037
Sanitary Sewer (Comprehensive Plan Policy 901.1.1
The County has adopted water quality treatment standards for wastewater facilities and within the
Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential
and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). The proposed
FLUM amendment with the proposed subarea policy would not increase the maximum residential
density on the site and therefore will not result in any increased demand for sanitary sewer. The Key
Largo Wastewater Treatment District central sewer system is available to this parcel, and any new or
existing development is required to connect to the sewer system. The Key Largo Wastewater
Treatment Facility is designed and constructed in accordance with the adopted levels of service
water quality treatment standards.
8LITVSTSWIH*091MWRSXERXMGMTEXIHXSEHZIVWIP]MQTEGXXLI7ERMXEV]7I[IV037
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V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN, THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES, AND
PRINCIPLES FOR GUIDING DEVELOPMENT
A. The proposed amendment is generally consistent with the following Goals, Objectives and
Policies of the Monroe County Year 2010 Comprehensive Plan (Note: compliance with Policy
101.4.20 must be established prior to BOCC adoption of the proposed FLUM amendment).
Specifically, it furthers:
Goal 101:
Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.4:
Monroe County shall regulate future development and redevelopment to maintain
the character of the community and protect the natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.4.5:
The principal purpose of the Mixed Use/ Commercial land use category is to provide
for the establishment of commercial zoning districts where various types of commercial retail and
office may be permitted at intensities which are consistent with the community character and the
natural environment.
Policy 101.4.20:
In order to implement the Florida Keys Carrying Capacity Study, Monroe County
shall promote the reduction in overall County density and intensity and the preservation of Monroe
private applications for future land use map amendments which increase allowable density and/or
intensity. Private application(s) means those applications from private entities with ownership of the
upland development and parcel(s) of land or includes private upland development on County-owned
land.
Private applications requesting future land use map designation amendments received after the
effective date of this ordinance, which propose increases in allocated density and intensity shall be
required to comply with either option (1) or (2) below:
(1)For every acre of land, and/or fractions thereof, where there is a request to increase density
and/or intensity, a private applicant shall purchase and donate land that is a minimum of twice the
size of the parcel subject to the proposed request, which contains non-scarified native upland habitat
and/or undisturbed wetland habitat to Monroe County for conservation. The following requirements
apply:
The donated land shall be designated as Tier I, Tier II or Tier III-A Special Protection Area
and be located on Big Pine Key/No Name Key or be within the same sub-area of
unincorporated Monroe County as the proposed increase in density and/or intensity.
The land shall be inspected by the Monroe County Biologist to assure it is acceptable for
acquisition and donation.
A restrictive covenant shall be recorded to extinguish the development rights on the donated
land.
The Future Land Use Map Designation for the donated land may be designated by the
County as Conservation (C).
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(2)For each requested additional unit of density, a private applicant shall purchase and donate a lot
designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which
contain non-scarified native upland habitat and/or undisturbed wetland habitat to Monroe County.
The following requirements apply:
Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the
request for increased allowable density, pursuant to option (a) or (b) below:
(a) The donated IS lot(s) shall be designated as Tier I, Tier II or Tier III-A Special Protection Area
and be located on Big Pine Key/No Name Key or be within the same sub-area of unincorporated
Monroe County as the proposed increase in density.
The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for
acquisition and donation.
A restrictive covenant shall be recorded to extinguish the development rights on the donated
land.
The Future Land Use Map Designation for the donated land may be designated by the
County as Conservation (C).
(b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and must be
within the same sub-area of unincorporated Monroe County as the proposed increase in density.
The IS lot(s) shall be dedicated to Monroe County for affordable housing projects.
For options (1) and (2) described above, the parcel which is the subject of the request to increase its
density and intensity must be designated as Tier III and have existing public facilities and services
and available central wastewater facilities.
Objective 101.8:
Monroe County shall eliminate or reduce the frequency of uses which are
inconsistent with the applicable provisions of the land development regulations and the Future Land
Use Map, and structures which are inconsistent with applicable codes and land development
regulations.
Objective 101.11:
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by existing public
facilities.
Objective 101.20:
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.
Policy 101.20.2:
The Community Master Plans shall be incorporated into the 2010 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:
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives
in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
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B. The proposed amendment is consistent with the following Key Largo Livable
CommuniKeys Plan Action Item:
Action Item 1.3.2:
Revise the FLUM and Land Use District Maps to resolve nonconformities in the
planning area where appropriate.
C. The proposed amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
the principles for guiding development and any amendments to the principles, the principles shall be
construed as a whole and no specific provision shall be construed or applied in isolation from the
other provisions.
(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.
(b)Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
(c)Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(d)Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e)Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f)Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
and ensuring that development is compatible with the unique historic character of the Florida Keys.
(g)Protecting the historical heritage of the Florida Keys.
(h)Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments, including:
1.The Florida Keys Aqueduct and water supply facilities;
2.Sewage collection, treatment, and disposal facilities;
3.Solid waste treatment, collection, and disposal facilities;
4.Key West Naval Air Station and other military facilities;
5.Transportation facilities;
6.Federal parks, wildlife refuges, and marine sanctuaries;
7.State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8.City electric service and the Florida Keys Electric Co-op; and
9.Other utilities, as appropriate.
(i)Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage collection;
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treatment and disposal facilities; and the installation and proper operation and maintenance of onsite
sewage treatment and disposal systems.
(j)Ensuring the improvement of nearshore water quality by requiring the construction and operation
of wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and
403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment
facilities through permit allocation systems.
(k)Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(l)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 postdisaster reconstruction plan.
(n)Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
Specifically, the amendment furthers:
163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve and
enhance present advantages; encourage the most appropriate use of land, water, and resources,
consistent with the public interest; overcome present handicaps; and deal effectively with future
problems that may result from the use and development of land within their jurisdictions. Through
the process of comprehensive planning, it is intended that units of local government can preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
and other requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions
163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal
status set out in this act and that no public or private development shall be permitted except in
conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
conformity with this act.
163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, and
strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
development of the area that reflects community commitments to implement the plan and its
elements. These principles and strategies shall guide future decisions in a consistent manner and
shall contain programs and activities to ensure comprehensive plans are implemented. The sections
of the comprehensive plan containing the principles and strategies, generally provided as goals,
objectives, and pol
development regulations will be initiated, modified, or continued to implement the comprehensive
plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
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regulations in the comprehensive plan but rather to require identification of those programs,
activities, and land development regulations that will be part of the strategy for implementing the
comprehensive plan and the principles that describe how the programs, activities, and land
development regulations will be carried out. The plan shall establish meaningful and predictable
standards for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3177(6)(a)2., F.S. - The future land use plan and plan amendments shall be based upon surveys,
studies, and data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent
with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen and
j. The need to modify land uses and development patterns within antiquated subdivisions.
163.3177(6)(a)8., F.S. - Future land use map amendments shall be based upon the following
analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character
of the undeveloped land, soils, topography, natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
section.
163.3194(1)(b), F.S. All land development regulations enacted or amended shall be consistent with
the adopted comprehensive plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the adopted comprehensive
plan, or element or portion thereof, shall be amended so as to be consistent. If a local government
allows an existing land development regulation which is inconsistent with the most recently adopted
comprehensive plan, or element or portion thereof, to remain in effect, the local government shall
adopt a schedule for bringing the land development regulation into conformity with the provisions of
the most recently adopted comprehensive plan, or element or portion thereof. During the interim
period when the provisions of the most recently adopted comprehensive plan, or element or portion
thereof, and the land development regulations are inconsistent, the provisions of the most recently
adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard
to an application for a development order.
163.3194(3)(a), F.S. A development order or land development regulation shall be consistent with
the comprehensive plan if the land uses, densities or intensities, and other aspects of development
permitted by such order or regulation are compatible with and further the objectives, policies, land
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uses, and densities or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
163.3201, F.S. It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on
the development of lands and waters within an area. It is the intent of this act that the adoption and
enforcement by a governing body of regulations for the development of land or the adoption and
enforcement by a governing body of a land development code for an area shall be based on, be
related to, and be a means of implementation for an adopted comprehensive plan as required by this
act.
VI. PROCESS
Comprehensive Plan Amendments may be proposed by the BOCC, the Planning Commission, the
Director of Planning, or the owner or other person having a contractual interest in property to be
affected by a proposed amendment. The Director of Planning shall review and process applications
as they are received and pass them onto the Development Review Committee and the Planning
Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee, and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
BOCC. The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive
plan amendment, and considers the staff report, staff recommendation, and the testimony given at
the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
Agency. If the amendment is transmitted to State Land Planning Agency, they review the proposal
and issue an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
report, the County has 180 days to adopt the amendment, adopt the amendment with changes or not
adopt the amendment.
VII. STAFF RECOMMENDATION
Staff recommends approval, contingent on adoption and effectiveness of the proposed corresponding
subarea policy eliminating any increase in potential residential allocated density; or provided
compliance with Comprehensive Plan Policy 101.4.20 is established prior to adoption of the proposed
FLUM amendment by the BOCC. Based on the density/intensity analysis, and in order to mitigate for
the impacts of approval, one of the following options needs to be addressed:
a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA located within
the Upper Keys Subarea;
b. Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the Upper
Keys Subarea; or
c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper Keys
Subarea.
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VIII. EXHIBITS
1.Letter of Understanding dated December 23, 2013, concerning the Coconut Bay of Key Largo
and the See the Sea of Key Largo properties.
2.Planning Commission Resolution P34-14.
3.ORC Report regarding proposed FLUM amendment.
4.Proposed Comprehensive Plan Subarea Policy.
5.Proposed FLUM amendment for 00091000.000000 and 00091020.000000 in Key Largo.
File # 2014-100 Page 15 of 15
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to Staff Report
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Exhibit 2
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Exhibit 3
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to Staff Report
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Proposed Subarea Policy –Comprehensive Plan Text Amendment
Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
Development in the Key Largo Mixed Use Area 2 shall be subject to regulations applicable to
the Mixed Use / Commercial (MC) Future Land Use Designation as well as the additional
restriction set out below:
Consistent with Policy 101.4.20, inorder to implement the Florida Keys Carrying Capacity
Study, maintainthe overall County density and the preservation of native habitat, this
site/property shall not increase its allocated density and allowable development potential for
permanent residential units. Thefollowing development controls shall apply:
1. The allocated density for permanent residential uses on the site shall remain 0.50 dwelling
units per acre.
The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and
00091020.000000, is approximately 2.28 acres of land and is legally described as:
A tract of land 48.9 feet wide, and part of Lot 10 according to George McDonald’s Plat of part of
Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the
Public Records of Monroe County, Florida, more particularly described as follows;
From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run
Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a
distance of 515 feet to the Point of Beginningof the tract hereafter described, thence
Northwesterly at right angles to said Northwesterly right of way line a distance of 487.7 feet,
more or less to the shore of Florida Bay, thence along the shore of Florida Bay in the
Northeasterly right of way line, distance of 48.9 feet to the point of beginning, and
A tract of land 95 feet wide and part of Lot 10 according to George McDonald’s Plat of part of
Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the
Public Records of Monroe County, Florida, more particularly described as follows;
From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run
Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a
distance of 515 feet to the Point of Beginning of the tract hereafter described, thence continue
Southwesterly along the Northwesterly right of way line of State Road No. 5, a distance of 95
feet, thence northwesterly at right angles 695.1 feet, thenceNortheasterly along a bulkhead line
to a point 687.7 feet North of the Point of Beginning, thence Southeasterly 687.7 feet to the Pont
of Beginning.
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Monroe County Future Land Use Amendment