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Item P07 P7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: P7 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 Key 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 to establish the Tavernier Key Commercial Overlay District (the "Overlay") to allow for a nonresidential ROGO allocation of up to 70,000 square feet, which could allow for the development of a 64,080 SF commercial supermarket, including a liquor store, on property located at 92501 Overseas Highway, Key Largo with parcel identification numbers 00490250- 000000 and 00089490-000000 (the "Property"). An amended and restated application was received on May 19, 2022. The proposed text was revised and resubmitted to the Planning Department [via email] for review on September 22, 2022. Another amended and restated application(the "Application") was received via email on May 25, 2023 with revised text to allow for a nonresidential ROGO allocation of up to 58,500 square feet, which could allow for the development of a 58,454 SF commercial supermarket, including a liquor store on the Property. Please see attached Staff Report for item background, proposed amendment language, and analysis. 4019 PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends DENIAL of the proposed amendment to the Land Development Code establishing Section 130-143. DOCUMENTATION: Exhibit 1 2022-053 DRC Reso 13-22.PDF 2022-053 BOCC SR 06.21.2023.docx 2022-053_BOCC Ordinance (with Draft Watermark).pdf FINANCIAL IMPACT: N/A 4020 1 t 7 1V ON CIE COUNTY, FLORIDA 8 DEVELOPMENT REVIEW COMMITTEE 9 RESOLUTION NO. IDRC 3-22 10 I I A RESOLUTION BY THE DEVELOPMENT REVIEW 12 COMMITTEE RECOMMENDING DENIAL OF AN ORDINANCE Ai C.E 13 III THE MONROE COUNTY BOARD OF COUNT 14 COMMISSIONERS AMENDING T E MONROE COUNTY LAN 15 DEVELOPMENT CODE TO ESTABLISH SECTION 1.30-1.4 , 16 CREATING DTI-E "TAVERNIER KEY COMMERCIAL EI C'IAL OVERLAY 17 (TKC O) DISTRICT; INCLUDING THE PURPOSE AND INTENT, 18 BOUNDARY, APPLICABILITY, NROGO ALLOCATION 19 STANDARDS, AND MAXIMUM NONRESIDENTIAL AND 20 RESIDENTIAL DEVELOPMENT POTENTIAL; FOR 21 PROPERTIES LOCATED AT 92501 OVERSEAS HIGHWAY, KEY 22 LARGO, APPROXIMATELY' MILE MARKER 92. , HAVING 23 PARCEL IDENTIFICATION NUMBERS 000 9490-000000 AND 24 004902 0-000000; AS PROPOSED BY CEMEX CONSTRUCTION 25 MATERIALS FLORIDA, LLC, F/I /A SINGLETA Y CONCRETE ETE, 26 PR(.)DIJC"TS INC".; PROVIDING FOR SEVER ABILITY; 27 PROVIDING FOR REPEAL OF CONFLICTING TINE PROVISIONS; 28 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 9 PLANNING AGENCY AND THE SECRETARY OF STATE; 30 PROVIDING FOR INCLUSION IN THE MONROE C:C1tJN'E"1f 31 CODE;E; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-0 3) 32 33 34 35 WHEREAS, on March 23, 20�22, the Planning and Environmental Resources Department 36 received an application from Smith/Hawks, PL (the "Agent") on behalf at Singeletary Concrete 37 Products, Inc, and C',emex Construction Materials Florida, 1:.,I..,C (the "Applicants,") and The 38 Vestcor Companies, Inc. and Blackstone Croup --- `Tavemier 925, LLC:' (the "Developers") to 39 arnend Monroe County Land Development Code to establish the "Tavernier- Key Commercial 40 Overlay District (the "Overlay") to allow for a nor-iresidential POGO allocation of up to 70,000 41 square feet, which could allow I'or the development of a 64,080 S)~ commercial supermarket, 42 including a liquor store, on property located at 92501 Overseas 1-1ighway, Ivey Largo with parcel 43 identification numbers 000 9490-000000 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 under review; and. 47 esoiutiorr DRC. 13-22 Page t of 3 File 2022-053 4021 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 11 of Chapter 163, Florida Statute; Resolution DRC 13-22 Page 2 of 3 File 2022-053 4022 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 11, DENIAL of the proposed amendment to Land Development Code establishing Section 130-143 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 Lenity 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 25 Wl'1-'NESS my hand and official seal in the County and State last at-bresaid this 11-11"day of 26 N 2021 27 28 NOTARY111TU " STATE' Of, 1`f�—OR 11)A AU'SON J,SMITH Notary PublIc-State of Florida Commission#HH 155590 My Comm.Expires Jul 19,2025 Bonded thrOLgh National Notary Assn. Resolution DRC 13-22 Page 3 of 3 File 2022-053 4023 3 ��U�a�1111111 � � ��r,� /D//JJMlllllllllY 4 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 9 10 To: Monroe County Board of County Commissioners 11 12 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental 13 Resources 14 15 From: Cheryl Cioffari, AICP, Assistant Director of Planning 16 Devin Tolpin, AICP, CFM, Principal Planner 17 18 Date: June 6, 2023 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 Key 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 26 Meeting: June 21, 2023 27 28 29 I. 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 to establish the Tavernier Key Commercial Overlay District (the 36 "Overlay") to allow for a nonresidential ROGO allocation of up to 70,000 square feet, which could 37 allow for the development of a 64,080 SF commercial supermarket,including a liquor store, on property 38 located at 92501 Overseas Highway, Key Largo with parcel identification numbers 00490250-000000 39 and 00089490-000000 (the "Property"). An amended and restated application was received on May 19, 40 2022. The proposed text was revised and resubmitted to the Planning Department [via email] for review 41 on September 22, 2022. An amended and restated application (the "Application") was received via 42 email on May 25, 2023 with revised textto allow for a nonresidential ROGO allocation of up to 58,500 43 square feet, which could allow for the development of a 58,454 SF commercial supermarket, including 44 a liquor store on the Property. 45 46 The Applicants state the reason for the requested amendment is: "LDC Section 138-51 (b)provides a 47 maximum nonresidential floor area allocation of ten thousand square feet (10,000 sf) and Section 138- 48 51 (c)prohibits an allocation of nonresidential floor area that expands the structure to more than 10,000 49 square feet of nonresidential floor area, excluding: a) a structure in the Urban Commercial (UC) land BOCC SR 06.21.2023 Page I of 22 File 2022-053 4024 1 use(zoning)district may receive an allocation that expands the structure to not more than 50,000 square 2 feet and b) a structure within an overlay district established in a community master plan, in which the 3 maximum shall be governed by the master plan if applicable, or within Chapter 130 specifically allowing 4 such a structure of over 10,000 square feet. Notwithstanding the standards contained in section 138- 5 51(c), the proposed Revised Amendment permits an NROGO allocation of up to, but not exceeding,frfty- 6 eight thousand five-hundred square feet (58,500 sf)for specific mixed-use properties in Tavernier that 7 make up the overlay district, and will allow for the construction of a Publix grocery store, including a 8 liquor store, that fits with the architectural design and community character of the City of Tavernier that 9 it will serve." 10 11 The Applicants' full explanation and justification of the proposed amendment is included in the file for 12 the application(File 2022-053). 13 14 Concurrent Applications 15 File 2022-054: A corresponding Land Use District (Zoning) map amendment for the Property to apply 16 the Overlay. 17 18 File 2022-012: A request for a Major Conditional Use Permit to develop the Property in two phases. 19 Phase 1 of the development proposal includes the construction of a 64,080 square foot grocery and liquor 20 store (a commercial retail use). Phase 2 of the development proposal is the development of 86 attached, 21 deed-restricted affordable housing dwelling units. Pursuant to LDC Section 139-1(f), any nonresidential 22 development subject to the inclusionary provisions of the LDC are required to obtain certificates of 23 occupancy on said deed restricted affordable housing prior to the resulting nonresidential use and 24 structure. As of the date of this report, a revised application and plan set has not been submitted with 25 this file. 26 27 28 II. BACKGROUND INFORMATION 29 30 Site Information: 31 Location: 92501 Overseas Highway, MM 92.5, Tavernier(Island of Ivey Largo) 32 Boundary: Affected parcels are outlined in r iii� aii[ige in the image below. 33 Parcel ID Numbers (2 Parcels): 00490250-000000 and 00089490-000000 34 Applicant: Singletary Concrete Products Inc. and CEMEX Construction Materials Florida, LLC 35 Agent: Smith/Hawks, PL 36 Size of Affected Portion of Property: 841,940.3 SF (19.33 acres) gross area; including 611,384.2 SF 37 (14.04 acres) upland, 209,913.57 SF (4.82 acres) mangroves, and 20,642.5 SF (0.47 acres) man made 38 pond according to the submitted boundary survey signed and sealed by David S. Massey on May 26, 39 2022 40 FLUM Designation: Mixed Use / Commercial (MC) 41 Land Use Districts: Suburban Commercial (SC); proposing overlay land use district 42 Tier Designation: III 43 Flood Zones: AE (EL 8, 9, 10, and 11); VE (EL 11) 44 CBRS: No 45 Existing Uses: previously developed as a cement plant with outdoor storage 46 Existing Vegetation/Habitat: Undeveloped Land, Exotic, Mangrove, Hammock, and Water 47 Community Character of Immediate Vicinity: Adjacent land uses include residential to the north, 48 east,and south with commercial retail to the west across US 1.Part of the Tavernier Creek to Mile Marker 49 97 U.S. Highway 1 Corridor District Overlay (TC), established by LDC Section 130-128. BOCC SR 06.21.2023 Page 2 of 22 File 2022-053 4025 j 0 �i va G i i dW� �iWI"'�✓m A ,� f o w s YW r P 0 „i ro r cry . n su 2 Property outlined in orange (image dated 2022) 3 4 Historic /Aerial Imager of the Pro erty 1 r it 5 6 Subject Property (image dated 1968) Subject Property (image dated 1975) 7 �r ,f sir 5 l � l g 9 Subject Property (image dated 1994) Subject Property (image dated 2002) 10 BOCC SR 06.21.2023 Page 3 of 22 File 2022-053 4026 1 Concept Meeting 2 In accordance with LDC Section 102-158(b)(1), a concept meeting was held on June 28, 2022, and it 3 was determined that the proposed text amendment will not have a county-wide impact because the 4 proposed amendment is limited to a portion of Tavernier. 5 6 Community Meeting and Public Participation 7 In accordance with LDC Section 102-159(b)(3), a community meeting is not required for Land 8 Development Code text amendments that do not have a county-wide impact. However, a community 9 meeting is required for the accompanying Land Use District Map Amendment Request(File 2022-054), 10 which is requested to apply the proposed overlay to the Property. The Community Meetings for File 11 2022-054 were held on August 18, 2022 and on January 5, 2023. Concerns from the Community 12 Meetings included, but were not limited to: 13 ■ Inconsistency with community character and the Tavernier Livable CommuniKeys Plan; 14 ■ Increased traffic and the associated negative impacts; 15 ■ The County's insufficient balance of ROGO Allocations to accommodate the development 16 request; 17 ■ Access off US 1; and 18 ■ Negative environmental impacts 19 20 Development Review Committee Meeting and Public Input 21 On October 25, 2022, the DRC considered the proposed amendment and provided for public input. On 22 November 14, 2022,the Chair of the DRC signed Resolution No. DRC 13-22,recommending DENIAL 23 of the proposed amendment to the Land Development Code establishing Section 130-143 to the Planning 24 Commission and Board of County Commissioners. 25 26 Planning Commission Hearing 27 On April 28,2023, the Planning Commission passed and adopted Planning Commission Resolution No. 28 P16-23 recommending DENIAL of the proposed amendment to the Land Development Code 29 establishing Section 130-143 to the Board of County Commissioners. 30 31 At the Planning Commission hearing, comments from the public included a concern that the proposed 32 affordable housing component of the project(86 affordable dwelling units) would not actually be built. 33 Bart Smith, on behalf of the Applicant, indicated that the Applicant would certainly write into the 34 amendment language that the affordable units would be required to be built prior to the proposed large 35 scale retail building, and confirmed that the Applicant acknowledges that they are responsible for 36 securing the required ROGO allocations for the proposed units and would be willing to write that into 37 the amendment language. 38 39 Excerpt from page 10 (public comment) of April 28, 2023 PC Minutes: 40 1t 7ecause we a "eac'rr 11eet a of of tra tie mitigation. le' fact teat t le a]11a pant 1s C OMg a11, affordable housing project seems to be the controlling thing here, when in order to do this they're 1't'gllirecl, to have all affordable 11o11Si11g e:o1n11C�11ent. It is secondary to tl1e111 1111t it slaola1Cl11't elk' secondary to the con1nuinity. It should be please one., as she is concerned that as please 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. eels. Miller thanked the Commission for listening. 41 BOCC SR 06.21.2023 Page 4 of 22 File 2022-053 4027 1 Excerpt from page 15 of April 28, 2023 PC Minutes: ............... ........ .......... Ms, Scheraper had been surprised at how strong the argument caine across regarding this retailer being the economic engine needed for the affordable housing. The ineat of the airrendineut 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 aniendnient 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 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. 1\1s. Scheniper asked if the owner would then be sultig the County because the applicant wasn't given ROGO allocations. Mr. Smith stated it would be up to the applicant to obtain the development rights. They have talked to the Village of Islamorada who is amenable to do an IOA to provide the units because it's in their back yard. So, by ,in), mechanisin necessary but the applicant B required to obtain the development rights. Ms. Scheiriper asked if Islaniorada had 86 affordable R060s or market rates. Mr. Smith stated they had the 300 July ones. Ms. Sclieniper stated that currently, those are not allowed to be transferred to Mom'oe County per the Monroe County ordinance. Mr. Smith stated that that ordinance was not effective yet and was on appeal. Ms. Sclieurper stated that was, the same for Islaraorada. 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. Ms, Schemper asked if that would be something the applicant would be willing to write into the aniendirient. 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. 2 3 4 It should be noted that an amendment to the version of the proposed text that was reviewed by the 5 Development Review Committee and Planning Commission was submitted on May 25, 2023. The 6 revised text is a reduction in the amount of allowable NROGO allocation from what was previously 7 proposed. The submitted changes to the text are identified below in Section 111. No additional language 8 was submitted by the Applicant to include a requirement that the proposed affordable units be built 9 and/or that the Applicant would be responsible for identifying available ROGO allocations for the 10 dwelling units. 11 12 Previous Relevant BOCC Action 13 On September 16, 1988, an Application for a Land Use Map amendment from Suburban Commercial 14 (SC) to Industrial (1) (File# M9315) was received by the Planning Department. It appears that this file 15 was never processed because it was submitted when the new Comprehensive Plan was being drafted and 16 the pending application was put on hold and eventually closed. 17 18 On June 30, 2003, a Letter of Understanding (LOU) was issued, to address the potential construction of 19 300 affordable housing units on the Property. 20 21 111. APPLICANTS' PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS 22 BOCC SR 06.21.2023 Page 5 of 22 File 2022-053 4028 1 The Applicants' proposed text, as submitted on September 22, 2022, is shown as follows: additions are 2 in l.)lue tinderline. Following the Planning Commission meeting on April 28, 2023, the revised text .................................................................................................. 3 submitted on May 25,2023 is shown in orange, doikle tviderl ine,with 4 5 Chapter 130—LAND USE DISTRICTS 6 7 8 9 ARTICLE IV.—OVERLAY DISTRICTS 10 11 See. 130 143. Tavernier K.ey rcial Overla [Astrict !,.' o im in c .............................................................................................................................................................................................. ................................................................................................................................................................................................... 12 13 (a) 11yrilqse and IlIntent. The I q[ the Tavernier Key �.orrirnerciaj Overlay Qistrict, 11s to ....................................................................................................... .......................... ..................................................................................................... ................... ............................................................................................................................... ............................................................................. 14 ..i mll!�.j..21e,t a 1,21.4c be and P�.jjicies of the C i ehensive Plan. and to allow ........... .. . ............11 �,! 1 0 M 12 ............. ............................. ......................... ...........................................................................................I............. ............................................. 15 har er scale conun.ercial retain develo .m]!M scat-ified -,ireq of the tjj� 1?!�T 1 It 121.1n ................9 ............................................... ......... ..... I �� 111] �1................................................................................................ .................................................. ....V.5, jj), iarily. 16 serves the needs ol:...:lacuunnaanncunt residents oft] 1J.P WE &�Y..'� The intent is U) pfgyide accessible.............................................................................................................. ............................................................................................. 17 tiecessit,jes of t1le. lj�12gj�- �yt�jle ivdu6n .,tl-�'.ffi d tl..J.112 i 0 D Q..................................................................................... ...................................................................................................: 1. ............................................... 18 O.v........e........r.....s.......e...... .s.......t....1i l .w........... y�qj j nrnuanntannning t]-i.ec luau ac.t.....e........a.-......o.........f....".......I......"..a.......v.........e........r..n..-...i....i.....e.......i....-...... 19 20 (h) 1"he1avernic1 K.c C::orris........r.....i....e.......r...c........i....a........l....... .v........e..........l...... y J)istrict sh.all beshown as an Over..J.a , district 21 on th.e Official 1...,and (..Jse District "I., ['he Tavernie.j.- Key ial 0verl, District ............................................................................................................................................................................................................................... .................. ................................................................................................................... ............... ...................................... ...................................................... 22 shall be shown. as the b tinda - 0 th. Parcel. ID numt)ers 00490250 ................................................................................................................................................. . . .... ...........: n.��0...............:...............1.y �!�th Monroe o�.i ........ ...... ....................................................................................... .1 ............................................................................................................................................................................................................. 23 000000and 0008949 0 ) 0 a d lew ............................................................................................................................................. .............�2..............................Wl,y dg.".g.-il cdas- ..................................................... 24 25 [IN5E R...".1.1 IL E(.1-1..A. I............I.. E S R...1.P..'l I QN.J. ................... .............. ................... ..................................................... ........ 26 27 (e) Am 1J.cability. 1.�j. g�-der for a jj�-�. owner to utilize the stan(jards, exelinj figjI5 pj�d reductions ........................................ ............................................. ......... ........................................................................................................................................................................................................ .................................. ............................................................... 28 cont'erred within the Tavcrnuer c Corrirnercial (,.)verla.y Disl1jet, an arnendrnent to the Official .....................................................................................................................................................................................................................1 y........................................................................................ ............................................ ............... ....................................................................................................................................................................................................... 29 ..:::.sand. !...!.s!� District(ZX!n i n.k) Mini �.-eq ... .............. .......... ..................................... ..... ............ !i!-..e..d a.,.n. d s u c.]]......o v ell.ay shall be shown. on.the Officiaal 30 .L.......,.a........n........d.............I.......J. . ..i....c -�...i....c....... (Lln.j.....n......k 31 32 (d) j ;QG0 Allocations, 1,,�otwithstan(fing &.ctiori 138 5 1, the '11'a,vernier Ke Corninercial 0yed,.1y ..............................................................................................................111111� :................................................................................................. y .��.................................................................................................................. 33 District shall h"iVe the foHo ing X1 QG0 allocation stqndards,� ...................................................................................................................................................................I............�E............ .......................................................................................................................................................................... 34 35 ao M.axin' Uni. allocation of' nonresidential floor area, The ..........................................3............................................................................................................................................................................................................................................................................................................................................................................................. 36 nonrcsidcr fial floorarea to .t.o.....t.....h.........e...........T.........a......,..v........e........r.....f....]...i.g..............-R...........e....... Corni-nercial 37 (.2 v eA:,.j.1.a.,y District shall be hynited to a fieet. ......................... ..................................................................... 38 b, Maxin-un-i. floot- circai C i c. g strUctiae. Nonr s d -nUal..........1.2.�rj ncif ................. es, wilh n. the ..........................................]....................................................................................................... ....................................................................................................................................................................................... ........................... ................................................................................................. 39 Tavernier Key Cgr.�-Uncrcial Qvcrl< hall bt. ittexi to receive an. qHocation isirk.A. s g(,.1 ................................................................................................ ................................................................................................................................................................................................ 40 that expan.ds the strijehire to more than I 0,000.s u re fee.L .!.g!jj.g exceed a max-imurn. ....................................................................................................................................................................................................................................................................................................................U.. a � t .1 ig .......................... ................... ................................................................................................................................ 41 o I..I 1�00:::58,500 s teire fiect ot'nonix.n;idential floor at-ca,............... ,............................................................................................................................................................................................................................... 42 43 (e) /\j)y juse within. the overlm district shall be suljgct to all land develol, g2l X-�.,j�jj.ations of the .......................................................................................... .................................. ................................................................................................... ................... ............................................................................................. ............................................ ...................................................................................... 44 L!n0c.!.-Jyi.ng��2�ai.ngA�sujct. with the exce. tion ofthow..re UJAIJ011S conlrollin NR.QG0 allocat.11011S. ............ ............ su ct....:with I.............................................................................................................I..................................................................................................R ................ ................................................................................................... .......................................................................................... L2, 45 BOCC SR 06.21.2023 Page 6 of 22 File 2022-053 4029 1 district. stiaH be liftli[CCI 1,0 a ff],IX�ff]LIFYI 0 ..��f�9.58,500 sq.1,1p,.re llct of nonresidential ............... . .. f ........ ...i................................................................................................................................................................ 2 devCJ.0121,1j��D.j 5��Ij� �Jgj'!, rest ficted affordable hQUISirIg djy!JJJ11g qp:its., and access(n,y .......................................... ..... ......................... ........................................................................................................................................................................................ ............ .............................................................................................................. 3 2.5 1 d r yj..gg 7 .J..p..g district with and shall be !J 1� d ill... to I.s of'-the 1 n e I ................................................................................................. L ...............r........................................................................................... .... ................................................................................ 4 the excer 1jon ofthose ireW ............................................. ............................... nJ.aljons contr(J..1ing NR.(-)('(-) allocatior s. ...........................................................................................................L...............................................i............................................................................2.......... 5 6 ......................................... 7 8 9 IV. ANALYSIS OF PROPOSED AMENDMENT 10 11 Proposals to amend the text of the Land Development Code are reviewed in accordance with Chapter 12 102,Article V.Land Development Code Section 102-158(a) specifically identifies the purpose of Article 13 V Amendments and states: 14 15 Purpose. The purpose of this article [Article V-Amendments] is to provide a means for 16 changing the text of this Land Development Code,which also includes changes to the land 17 use (zoning) district map and overlay district maps. It is also intended to add to the 18 statutory procedures and requirements for changing the future land use map (FLUM) at 19 the transmittal stage. The process for changing the text of the Comprehensive Plan shall 20 follow the process established Chapter 163, Part 11, Florida Statutes, and shall require a 21 Concept Meeting as detailed in subsection (d)(3) of this section, and shall provide for 22 community participation as specified in Section 102-159(b). This article is not intended 23 to relieve particular hardships, nor to confer special privileges or rights on any 24 person, nor to permit an adverse change in community character, analyzed in the 25 Technical Document(data and analysis), but only to make necessary adjustments in 26 light of changed conditions or incorrect assumptions or determinations as 27 determined by the findings of the BOCC. In determining whether to grant a 28 requested amendment to the text of this Land Development Code, or land use 29 (zoning) district map, or overlay map, the BOCC shall consider, in addition to the 30 factors set forth in this article, the consistency of the proposed amendment with the 31 provisions and intent of the comprehensive plan and consistency with the principles 32 for guiding development in Section 380.0552, F.S. [emphasis added]. 33 34 Staff is reviewing the proposed amendment for consistency with the County's Comprehensive Plan, the 35 Tavernier Livable CommuniKeys Plan, internal consistency with the Code and State Statutes (including 36 163.3187, F.S.,), Rules, and balancing all the requirements and policy issues. 37 38 Comparison of Development Potential 39 The Property is currently located within the Suburban Commercial Land Use (zoning) District, Mixed 40 Use/Commercial Future Land Use, and is designated as Tier 3 on the County's Tier overlay map. Under 41 the existing zoning requirements, both commercial retail and employee housing dwelling units are 42 permitted uses. The primary change that would result from adoption of the proposed overlay is the ability 43 to construct a nonresidential structure that is over 10,000 square feet, up to 58,500 square feet, with 44 receipt of that nonresidenital floor area allocation within a single allocation quarter[for properties within 45 the overlay]. 46 BOCC SR 06.21.2023 Page 7 of 22 File 2022-053 4030 1 To better understand the Applicants' request, below is a summary of the maximum development 2 potential of the Property based on 14.04 acres (611,384.2 SF) of upland' under the current Code as 3 compared to the maximum development potential under the proposed text amendment: 4 Nonresidential Square Footage (SF) Max Net Density Allocated Density Existing 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 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 5 6 Maximum NROGO Allocation Maximum Square Footage (SF) Existing Code 10,000 SF/Allocation Quarter 10,000 SF/ Structure (ref. LDC 138-51) Proposed Code 58,500 SF/Allocation* 58,500 SF/ Structure; and/or (ref.proposed 58,500 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 58,500 square feet. 7 8 The Applicants'proposed text would relax the development restrictions within the Overlay by allowing 9 for the potential NROGO allocation of up to 58,500 square feet as opposed to a maximum of 10,000 10 square foot per structure as set forth in LDC Section 138-51. As currently drafted, it is apparent that the 11 intent of the overlay is to limit the nonresidential development potential of the Property to no more than 12 58,500 square feet of nonresidential floor area and 86 units of deed restricted affordable housing. 13 Additionally, nothing prohibits this property owner or a future applicant from applying for a text 14 amendment to increase or decrease the maximum development potential in the future. 15 16 It should be noted that as of May 26, 2023, there are approximately 16 affordable ROGO allocations 17 available. Therefore,there is not currently a sufficient number of ROGO allocations available to develop 18 the 86 units of affordable housing referenced throughout the Applicants' concurrent applications for 19 development. The Applicants are aware that there is not a sufficient number of ROGO allocations 20 currently available for the proposed project and that the County cannot guarantee that additional ROGO 21 allocations will become available for the Applicants. 22 23 Traffic Review 24 Due to the specificity of the proposed development through this application and concurrent applications, 25 Staff requested that a Level III Traffic Study be submitted,reviewed and approved before the proposed 26 text amendment be considered by the Planning Commission. A Level III Traffic Study was initially 27 received by Staff on November 10, 2022 and updated in February 2023. The Study, and subsequent ' 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 06.21.2023 Page 8 of 22 File 2022-053 4031 1 revisions, were forwarded to the County's Transportation Consultant (AECOM), who provided 2 comments to the Applicants. There have been subsequent responses and comments with the most recent 3 comments provided by AECOM on March 16, 2023. A revised traffic study was received by the 4 Applicant on May 23, 2023. The revised study has been forwarded to AECOM for review. As of the 5 date of this report, Staff has not received updated comments from AECOM concerning the revised traffic 6 study. 7 8 As of the date of this report, the comments that remain outstanding are pictured below: 9 2. The operation analysis results shown in Table 4 indicate that the intersection of US 1 and Burton Drive is expected to operate at LOS D in the year 2024(with project traffic),which does not meet the LOS threshold based on Monroe County LDC.The report also indicated that the signal timing used for this intersection is preliminary in nature and refinements to this signal timings and operations are being made by the state. Please coordinate with FDOT to obtain the final signal timing 1 phasing and update the operation analysis and confirm that this intersection operates at acceptable LOS. 10 4. Please review and ensure internal circulations is adequate for truicks. 11 12 6. Page 36 of the TIS states there will be adequate capacity in Segment 21. However,the referenced number of 1,603 daily trip is actually within the 5% below LOS C. As per LDC Section 114-2(a)(1)b, these trips need to be mitigated. Please review and address. 13 14 15 Based on the trip generation numbers provided in the submitted Revised Traffic Study, it appears the 16 daily trip generation is as follows: 17 18 ITE Code 220: 86 units * 6.02 = 518 daily trips 19 ITE Code 850: (55,454 SF/1000) * 97.77 = 5,422 daily trips 20 ITE Code 899: (3,000 SF/1000) * 107.21 = 322 daily trips 21 22 Total= 5,744 daily trips (without excluding pass-by trips) 23 24 This calculation does not include any"internal capture" that may exist between the proposed residential 25 units and nonresidential square footage. The submitted Level III Traffic Study goes on to provide a more 26 detailed analysis of the daily trip generation,potential impacts to affected segments of US 1 and potential 27 impacts to relevant intersections. 28 29 If the proposed LDC text amendment and corresponding LUD Overlay map amendment are approved, 30 Comment No.4 would be addressed during the major conditional use approval review process.However, 31 the other two comments must be addressed prior to consideration of approval of the submitted revised 32 traffic study. Comment No.2 requires verification from FDOT confirming signal timing.Comment 33 No. 6 requires specification of proposed mitigation. As of the date of this report, the Applicants 34 have yet to propose any mitigation measures consistent with the requirements set forth in LDC Section 35 114-2(a)(1)b. The Applicants' assert that with the addition of a new Publix at the Property,less vehicles 36 will be traveling through Segment 21 (MM 86.0 — MM 91.5) as the existing customer base that lives 37 within Segment 22 (MM 91.5 to MM 99.5) would "transfer nearly all of their supermarket shopping 38 trips to the new Publix store in Tavernier."Although this may be a compelling argument, there are two BOCC SR 06.21.2023 Page 9 of 22 File 2022-053 4032 1 major flaws. First, this type of analysis has not historically been accepted with regards to mitigation. 2 Second, there is nothing in the proposed LDC Text Amendment or corresponding applications that 3 would only allow the development of a Publix Supermarket. Rather, the proposed commercial retail 4 space could be occupied by any number of existing or unknown businesses or corporations, as the LDC 5 does not and cannot regulate or require a specific business to occupy the Property. 6 7 Consistency with the LDC 8 In accordance with LDC Section 102-158(d)(7)(b),the BOCC may consider the adoption of an ordinance 9 enacting the proposed reap and text amendments to this Land Development Code based on one or more 10 of the following factors: 11 12 1. Changed projections (e.g., regarding public service needs) from those on which the text or 13 boundary was based; 14 15 Per the Applicant: No response provided. 16 17 2. Changed assumptions (e.g., regarding demographic trends); 18 19 Per the Applicant: No response provided. 20 21 3. Data errors, including errors in mapping, vegetative types and natural features described in 22 volume 1 of the plan; 23 24 Per the Applicant: No response provided. 25 26 4. New issues; 27 28 Per the Applicant: No response provided. 29 30 5. Recognition of a need for additional detail or comprehensiveness; or 31 32 Per the Applicant: "The proposed Overlay is based on a need for additional detail or 33 comprehensiveness. The current Code has provisions that encourage overlay districts to be created 34 to benefit and promote the character of the community in its development. Permitting the Overlay 35 furthers the objectives of the Code as it encourages the orderly development and construction of 36 commercial structures or buildings that fit with the architectural design and community character 37 of the Tavernier community. The Overlay encourages sound, attractive, and practical procedures 38 for the Tavernier community, and such provisions will result inflexible planning that benefits the 39 community the Overlay will serve. 40 41 Staff does not support the claim that the proposed text amendment to the Land Development Code 42 would address a need for additional detail or comprehensiveness. Alternatively, it appears that the 43 proposed amendment would be creating inconsistencies between the proposed overlay and the 44 adopted Land Development Code and Comprehensive Plan. 45 46 To address the concerns of inconsistency, the Applicant must address the following two (2) main 47 issues: 1) consistency with the Tavernier LCP and Mile Marker 97 U.S. Highway 1 Corridor 48 Development Standards and Guidelines ("US 1 Guidelines") and 2) consistency with community 49 character. BOCC SR 06.21.2023 Page 10 of 22 File 2022-053 4033 I The Applicants assert that the Overlay "furthers the objectives of the Code as it `encourages the 2 orderly development and construction of commercial structures or buildings that fit with the 3 architectural design and community character of the Tavernier community". However, the 4 proposed language does not support this assertion nor has the Applicant submitted data and 5 analysis demonstrating consistency with community character. 6 7 The Property is within Suburburban Commercial (SC) Land Use District and the Tavernier Creek 8 to Mile Marker 97 U.S. Highway 1 Corridor District Overlay (TC), established by LDC Section 9 130-128. All proposed development within the existing overlay must comply with the 10 Tavernier Creek to Mile Marker 97 U.S. Highway Corridor Development Standards and 11 Guidelines, which are adopted as part of Chapter 130 of the Land Development Code. The 12 Property is also subject to the policies and guidelines provided in the Tavernier Livable 13 CommuniKeys Plan, which is adopted as part of the County's Comprehensive Plan. 14 15 The Tavernier Creek to Mile Marker 97 U.S. Highway Corridor Development Standards and 16 Guidelines include specific building types, with the intent of guiding the development of new 17 construction so that it continues to define the character of Tavernier and so that the massing, scale, 18 and materials of new structures are compatible with this existing character. The guidelines provide 19 for the construction of large commercial buildings through the aggregation of smaller buildings, 20 as depicted in the excerpts from the guidines pictured below: 21 5. Building Types The intent is tu.1 guide the develu pinent of neax construction so (bill Nlildillgs COntnttuun; to define au. C;hall"alcter Im Tilvernnc"r and tlialt: the nllilsslnp, scale and nliltetia3ls of' new stralctnreS i11'e collilaaltible with tilis c1l'inic(er. Tl1ese inv the i-econlnlended types lot- new constriction in the cup n-idoi-. Tine listed building tyl)C.s titre 1101 the u1nliverse, of b1111dings that ciln be cleveloped in the col-ridon; they ,n-e here➢y applied exa1niple,s of the guidelines and standinds in this docuinent. Figure 27 does 1101 itccutriutelly relllcct alll C01,111ty I`eguu➢intIOIIS dild is illulst.raltive u:F I1uuilding concept only. I-arge Coininercirll llnildinl The intent is t11i,1tt�1w i-en i e it building � I yl Fit in tl1; ,, ;�� u t IDenC rail I-Jib�ln zone deep loi:s oi- �In q, 14sa , the tinl n1biL11 Zone. bJ� K This 9,ulNdvntg type is cllilractcnlred I1P �y,, ;a(C�'�I ��0"," r � Cpo�� r the a gnegiltion of snullet buildings, 451 � rm w11 IC 114bsslbIC, thCSC SIIOLIId IV 1( ' �11 ri1r1 �c�cl GIs to creMc 14sltlC nll I 1,t; , ( lto27).access The building ntay I)c cla1d Nv1(b siding n , or linlslled with SIncca . The f iniany F l�il�alul�; is fined Willi inl�caldu<:s inlcl Figure 29 Large Commercial B�uafq�irrg Type l)allconle.s, wnnuulQ'u�vs i11-e L`ruve'n.ecN w"nt.l1 ope1`alble Baiha in,il sllnt(ei`s, and rocllti :ate stalndin sC."a1117 I1tie.till. 22 23 BOCC SR 06.21.2023 Page It of 22 File 2022-053 4034 Multifamily Residential The architecture of the bulldffl� should consist of' the 111.1terials recoill file 11 Cie d ill these .guidelines and It should be coinpifible with architectural ltid ui-Nui character of* Tavernier. Access to ificlividiiil uriiis should be obvious Jl-orn the street level (Figure 28). J, b" J, ksV s. ry 71 Figure 28 Multi Family Building 2 To further guide new development within the TC Overlay, these guidelines utilized transect 3 zoning. The transects do not eliminate the standards set by the County's Code or zoning laws, but 4 are intended to help organize the regulations according to the transect with which the property 5 belongs. The Transect Map, which is adopted as part of the Land Development Code through 6 Section 130-128, is pictured below: 7 Tavernier Tranwit WgM T2 E—ban IM T3 Suburban T4 General Urban No..Ky Subject Property 91 U. 2 KEYLARGO TAVERNIER 8 9 10 As depicted in the above map, the Property is within the Suburban Zone of the TC overlay, which 11 "is characterized by intermittent occurrences of open space, residential development of diverse 12 densities, and industrial and general commercial uses following a pattern similar to that found in 13 the mainland suburbs." According to the Glossary, Suburban, is "characterized by low density 14 residential, this zone is more vegetated than the general urban zone. In this zone blocks tend to be 15 larger." Alternatively, according to the Guidelines, "the urban zone is the area where most of the 16 retail and commercial mixed use development are found and it is the area that the community 17 identifies as its center". 18 19 The establishment of the proposed overlay would allow for a single nonresidential structure of up 20 to 58,500 square feet on the Property. This is not consistent with the adopted Guidelines, which 21 encourage the aggregation of smaller buildings when considering large scale commercial BOCC SR 06.21.2023 Page 12 of 22 File 2022-053 4035 I development. The proposed amendment would allow for the size of a nonresidential structure that 2 is inconsistent with the established community character that is indicated by the existing smaller 3 scale development within the Suburban zone. This is inconsistent with existing community 4 character and would allow for development that does not comply with LDC Section 130-128 5 nor Comprehensive Plan Policy 105.1.2. 6 7 Land Development Code Section 130-128(b): The Tavernier Creek to Mile Marker 97 U.S. 8 Highway 1 Corridor Development Standards and Guidelines are hereby adopted by reference and 9 declared a part of this chapter. Within the overlay district, as designated on the Tavernier Creek to 10 Mile Marker 97 U.S. Highway 1 District Overlay Map, uses permitted as of right and uses 11 requiring a minor or major conditional use permit shall be reviewed based upon the 12 Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development Standards and 13 Guidelines and approved if found in compliance with these standards and guidelines. 14 Comprehensive Plan Policy 105.1.2: Monroe County shall enforce the design guidelines 15 established within the Livable CommuniKeys Plans and its land development regulations which 16 ensure that future uses and development are compatible with scenic preservation and maintenance 17 of the character of the casual island village atmosphere of the Florida Keys. 18 19 For reference, under the existing SC Zoning District, the development of 58,500 nonresidential 20 square feet and 86 affordable residential dwelling units is permissible; however, no one (1) 21 nonresidential structure may exceed 10,000 square feet. 22 23 The proposed text amendment would allow both: 24 1) a structure greater than 10,000 square feet within the SC Zoning District; and 25 2) allows for the allocation or transfer of the entire 58,500 square feet of nonresidential development 26 (NROGO floor area) at one time. Therefore, no phasing of the resulting project would be required. 27 6. Data updates; 28 29 Per the Applicant: No response provided. 30 31 7. Consistency with the Comprehensive Plan and the principles for guiding development as 32 defined in Section 380.0552, Florida Statutes. 33 34 Per the Applicant: No response provided. 35 36 Staff has not found the proposed text amendment consistent with the Comprehensive Plan and the 37 principles for guiding development as defined in F.S. Section 380.0552 as noted in section V of 38 this Report. 39 40 The proposed amendment is not consistent with Comprehensive Plan Policy 101.5.6: 41 42 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to 43 provide for the establishment of mixed use commercial land use (zoning) districts where 44 various types of commercial retail and office may be permitted at intensities which are 45 consistent with the community character and the natural environment. Employee housing 46 and commercial apartments are also permitted. In addition,Mixed Use/Commercial land use 47 districts are to establish and conserve areas of mixed uses, which may include maritime BOCC SR 06.21.2023 Page 13 of 22 File 2022-053 4036 I industry, light industrial uses, commercial fishing, transient and permanent residential, 2 institutional,public, and commercial retail uses. 3 4 This future land use category is also intended to allow for the establishment of mixed use 5 development patterns,where appropriate.Various types of residential and nonresidential uses 6 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be 7 prohibited. The County shall continue to take a proactive role in encouraging the preservation 8 and enhancement of community character and recreational and commercial working 9 waterfronts. 10 11 In order to protect environmentally sensitive lands, the following development controls shall 12 apply to all hammocks,pinelands, and disturbed wetlands within this land use category: 13 14 l.only low intensity commercial uses shall be allowed; 15 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 16 3.maximum net residential density shall be zero. 17 18 Additionally, as previously discussed, the Property is subject to the Tavernier Creek to Mile 19 Marker 97 Livable CommuniKeys Master Plan. In accordance with Comprehensive Plan Policy 20 101.19.2, the Community Master Plans shall be incorporated into the 2030 Comprehensive Plan 21 as a part of the plan and be implemented as part of the Comprehensive Plan. 22 23 The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 24 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 through 25 Ordinance 002-2005 is incorporated by reference into the Comprehensive Plan. The term 26 Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and 27 the term Action Item is equivalent to the term Policy; the meanings and requirements for 28 implementation are synonymous. 29 30 In reviewing the Tavernier CommuniKeys Plan, it is evident that the vision was to preserve the 31 heritage and natural setting of the existing community, with limited redevelopment of commercial 32 properties. The CommuniKeys Plan even includes an Action Item [below] that prohibits the 33 designation of new commercial land use districts beyond those that are already contained within 34 the Master Plan in order to prevent further sprawl or strip commercial zoning. 35 36 Action Item 3.1.3 of the Tavernier Livable CommuniKeys Plan: Prohibit the designation of new 37 commercial land use districts beyond that contained in this Master Plan in order to protect the 38 existing viability of the US1 Corridor Area and Community Center and to prevent the further 39 sprawl or strip commercial zoning. 40 41 The proposed amendment is not consistent with Comprehensive Plan Policy 101.19.2. The 42 proposed text amendment is inconsistent with the Tavernier Livable CommuniKeys Plan, which 43 renders the proposed amendment inconsistent with Comprehensive Plan Policy No. 101.19.2. 44 45 The proposed amendment is not consistent with Comprehensive Plan Policy 105.1.2: Monroe 46 County shall enforce the design guidelines established within the Livable CommuniKeys Plans 47 and its land development regulations which ensure that future uses and development are 48 compatible with scenic preservation and maintenance of the character of the casual island village 49 atmosphere of the Florida Keys. BOCC SR 06.21.2023 Page 14 of 22 File 2022-053 4037 1 2 The proposed amendment would allow for the size of a nonresidential structure that is inconsistent 3 with the established community character that is indicated by the existing smaller scale 4 development within the Suburban zone. 5 6 (d.) In no event shall an amendment be approved which will result in an adverse community 7 change to the planning area in which the proposed development is located or to any area in 8 accordance with a livable communikeys master plan pursuant to findings of the board of county 9 commissioners [Ref. Code Section 102-158(d)(7)d.]. 10 11 Per the Applicant: "There will be no adverse change to unincorporated Monroe County if the Overlay 12 is approved. As discussed herein, there are no increased concurrency, environmental, or practical 13 impacts associated with the increased NROGO permitted within the Overlay. All such development 14 will he required to at a minimum comply with level of service, concurrency, and performance 15 standards as set forth in the Code. " 16 17 Staff anticipates the proposed amendment will result in an adverse community change to Tavernier. 18 19 The theme throughout the Tavernier LCP is one of protection for the natural environment,preservation 20 of the historic elements of Tavernier and guided development and growth in a manner that is 21 compatible with community goals. The LCP provides a number of goals, objectives and action items 22 to enact policies consistent with the theme and intent of the LCP. In reviewing the Tavernier LCP and 23 the Community Vision statement therein, it appears the proposed amendment may not be consistent 24 with the Community Vision: 25 We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as: 26 27 An island community committed to preserving its heritage,natural setting and 28 stands of native tropical hardwood hammocks, with improvements to the 29 visual character of the U.S. 1 corridor, limited redevelopment of commercial 30 properties, and neighborhoods where residents have access to the water and 31 recreational facilities. 32 33 The text amendment as drafted proposes to relax the development restrictions on the Property without 34 providing adequate data to support such a change nor demonstrating consistency with the Tavernier 35 LCP and existing community character. Furthermore, nothing within the proposed text amendment 36 would limit the redevelopment of this Property or requires improvements to the visual character of the 37 U.S. I corridor by expanding beyond the minimum requirements set forth in the existing design 38 standards within the Mile Marker 97 U.S. Highway 1 Corridor Development area. 39 40 For example, within the Suburban Zone, the intent of the building configuration standards is to break 41 down the apparent mass of buildings wider [or deeper] than 50 feet by creating facade insets at 42 intervals appropriate to the mass of the building. The maximum continuous facade of any building 43 fronting US1 cannot be greater than 50 feet. A building wider than 50 feet will be architecturally 44 defined as a series of smaller units, with insets between primary facades. The inset facade shall not be 45 setback less than six (6) feet. 46 47 The overlay and text as proposed, do not include provisions that support or expand upon construction 48 consistent with the architectural theme of Tavernier. The primary change that would result from BOCC SR 06.21.2023 Page 15 of 22 File 2022-053 4038 I adoption of the proposed overlay would be the ability to construct a nonresidential structure that is 2 over 10,000 square feet [on properties within the overlay]. 3 4 The Tavernier Community is well established and primarily developed in accordance with the adopted 5 guidelines and Livable CommuniKeys Plan. As the primary component of the text amendment is the 6 ability to construct a nonresidential structure that is greater than 10,000 square feet, staff considered 7 the affect the amendment would have on the existing character of the Tavernier Community as a whole, 8 and within the Suburban Transect. To aid in this review for consistency,Staff reviewed the size of 9 existing buildings of surrounding properties within both the Suburban and Urban transect zones. 10 According to data from the Monroe County Property Appraiser's website, the largest existing 11 commercial structure within 600 feet of the Property is approximately 12,000 square feet, known as 12 the Vaughn Building.For reference only, some recogizable commercial buildings within Tavernier are 13 described in the table below: 14 Common Property Name Building Square Transect Zone per US 1 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 15 16 The allowance of a structure that is up to 58,500 square feet is much larger than existing structures within 17 the transect area noted as Suburban and would be inconsistent with the established community character. 18 The existing LDC, when coupled with the TC Overlay Guidelines and Tavernier LCP, intentionally 19 limits the maximum size of each structure. 20 21 As previously stated, the proposed text amendment is inconsistent with the Tavernier Livable 22 CommuniKeys Plan, which renders the proposed amendment inconsistent with Comprehensive Plan 23 Policy No. 101.19.2. Additionally, the proposal is inconsistent with Comp Plan Policy 101.5.6 which 24 states that various types of commercial retail and office may be permitted at intensities which are 25 consistent with the community character and the natural environment. 26 27 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE 28 PLAN, THE PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA 29 STATUTES. 30 31 A. The proposed amendment is not consistent with the Goals, Objectives and Policies of the 32 Monroe County 2030 Comprehensive Plan. Specifically,it is inconsistent with: 33 Policy 101.5.6 BOCC SR 06.21.2023 Page 16 of 22 File 2022-053 4039 I The principal purpose of the Mixed Use/Commercial(MC)future land use category is to provide for 2 the establishment of mixed use commercial land use (zoning) districts where various types of 3 commercial retail and office may be permitted at intensities which are consistent with the 4 community character and the natural environment. Employee housing and commercial apartments 5 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and 6 conserve areas of mixed uses, which may include maritime industry, light industrial uses, 7 commercial fishing, transient and permanent residential, institutional,public, and commercial retail 8 uses. 9 10 This future land use category is also intended to allow for the establishment of mixed use 11 development patterns, where appropriate. Various types of residential and nonresidential uses may 12 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. 13 The County shall continue to take a proactive role in encouraging the preservation and enhancement 14 of community character and recreational and commercial working waterfronts. 15 16 ***** 17 Policy 101.19.1 18 Monroe County shall develop, maintain, and update periodically, as appropriate, with public input, 19 the Livable CommuniKeys Community Master Plans. Community Master Plans will be maintained 20 in accordance with the following principles: 21 22 I.Each Community Master Plan will contain a framework for future development and redevelopment 23 including the designation of growth boundaries and future acquisition areas for public spaces and 24 environmental conservation; 25 26 2.Each Community Master Plan will include an Implementation Strategy composed of action items, 27 an implementation schedule, and a monitoring mechanism to provide accountability to 28 communities; 29 30 3.Each Community Master Plan will be consistent with existing Federal and State requirements and 31 overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met. While 32 consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030 Plan will be 33 updated and amended where appropriate; 34 35 4.Each Community Master Plan will be closely coordinated with other community plans and other 36 jurisdictions to ensure development or redevelopment activities will not adversely impact those 37 areas; 38 39 5.Each Community Master Plan will include appropriate mechanisms allowing citizens continued 40 oversight and involvement in the implementation of their plans. Through the Community Master 41 Plans,programs for ongoing public involvement, outreach, and education will be developed; 42 43 6.Each Community Master Plan will include a Capital Improvements program to provide certainty 44 that the provision of public facilities will be concurrent with future development; 45 46 7.Each Community Master Plan will contain an environmental protection element to maintain existing 47 high levels of environmental protection as required in the 2030 Comprehensive Plan; 48 BOCC SR 06.21.2023 Page 17 of 22 File 2022-053 4040 1 8.Each Community Master Plan will include a community character element that will address the 2 protection and enhancement of existing residential areas and the preservation of community 3 character through site and building guidelines. Design guidelines for public spaces, landscaping, 4 streetscaping, buildings, parking lots, and other areas will be developed through collaborative 5 efforts of citizens, the Planning Department, and design professionals reinforcing the character of 6 the local community context; 7 8 9.Each Community Master Plan will include an economic development element addressing current 9 and potential diversified economic development strategies including tourism management. The 10 preservation and retention of valued local businesses, existing economies, and the development of 11 economic alternatives will be encouraged through the process; 12 13 10.Each Community Master Plan will contain a Transportation Element addressing transportation 14 needs and possibilities including circulation, safe and convenient access to goods and services, and 15 transportation alternatives that will be consistent with the overall integrity of the transportation 16 system not resulting in negative consequences for other communities; and 17 18 11.Each Community Master Plan will be based on knowledge of existing conditions in each 19 community. The Planning Department will compile existing reports, databases, maps, field data, 20 and information from other sources supplemented by community input to document current 21 conditions; and 22 23 12.Each Community Master Plan will simplify the planning process providing clarity and certainty 24 for citizens, developers, and local officials by providing a transparent framework for a continuing 25 open dialogue with different participants involved in planning issues. 26 27 Policy 101.19.2 28 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of 29 the plan and be implemented as part of the Comprehensive Plan. The following Community Master 30 Plans have been completed in accordance with the principles outlined in this section and adopted by 31 the Board of County Commissioners: 32 ***** 33 2.The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 34 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated 35 by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent 36 to the term Objective in the Comprehensive Plan and the term Action Item is equivalent to the term 37 Policy; the meanings and requirements for implementation are synonymous. Adopted by Ordinance 38 002-2005. 39 ***** 40 Policy 105.1.2 41 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys 42 Plans and its land development regulations which ensure that future uses and development are 43 compatible with scenic preservation and maintenance of the character of the casual island village 44 atmosphere of the Florida Keys. 45 Policy 105.1.3 46 Monroe County shall, through its development standards and Land Development Code, continue 47 to foster the retention and redevelopment of small businesses on the U.S.1. 48 Tavernier LCP BOCC SR 06.21.2023 Page 18 of 22 File 2022-053 4041 1 Community Vision 2 We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as: An island community 3 committed to preserving its heritage, natural setting and stands of native tropical hardwood 4 hammocks, with improvements to the visual character of the U.S. 1 corridor,limited redevelopment 5 of commercial properties, and neighborhoods where residents have access to the water and 6 recreational facilities. 7 8 Action Item 3.1.1: Designate a"Community Center" from MM 91 to Burton Dr. pursuant to Policy 9 105.2.15 where Tier III infill and incentives for redevelopment will be encouraged. 10 11 Action Item 3.1. 2: Require that any new development or redevelopment approved within the 12 designated US Highway 1 Community Center, meeting the following criteria, be consistent with 13 design standards established pursuant to Action Items 3.2.3 and 3.3.3: 14 1. Any new or expanded non-residential structures of greater than 2,500 square feet in floor area; 15 2. Any new or expanded outdoor retail sales; 16 3.Any new residential structure containing more than three units or redeveloped residential structure 17 containing more than three units that involves a change in floor area,building height or configuration 18 of building footprint; 19 4. Any new transient residential structure or redeveloped existing transient residential structure that 20 involves a change of floor area,building height, or configuration of building footprint. 21 22 Action Item 3.1.3: Prohibit the designation of new commercial land use districts beyond that 23 contained in this Master Plan in order to protect the existing viability of the US 1 Corridor Area and 24 Community Center and to prevent the further sprawl or strip commercial zoning. 25 26 Strategy 3.2 27 Develop and adopt a Commercial Corridor Enhancement Plan for the U.S. 1 Corridor Area between 28 MM 91 and MM 93.5. 29 30 Action Item 3.2.3: Develop and adopt design standards and design guidelines for development within 31 the U.S. 1 Corridor Area and the Community Center. 32 33 B. The amendment is not consistent with the Principles for Guiding Development for the Florida 34 Keys Area, Section 380.0552(7), Florida Statutes. 35 36 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 37 principles for guiding development and any amendments to the principles, the principles shall be 38 construed as a whole and no specific provision shall be construed or applied in isolation from the other 39 provisions. 40 41 (a) Strengthening local government capabilities for managing land use and development so that local 42 government is able to achieve these objectives without continuing the area of critical state concern 43 designation. 44 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 45 beds, wetlands, fish and wildlife, and their habitat. 46 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 47 vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and 48 their habitat. 49 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 50 development. BOCC SR 06.21.2023 Page 19 of 22 File 2022-053 4042 1 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 2 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and 3 ensuring that development is compatible with the unique historic character of the Florida Keys. 4 (g) Protecting the historical heritage of the Florida Keys. 5 (h) Protecting the value,efficiency,cost-effectiveness,and amortized life of existing and proposed major 6 public investments, including: 7 8 1. The Florida Keys Aqueduct and water supply facilities; 9 2. Sewage collection,treatment, and disposal facilities; 10 3. Solid waste treatment, collection, and disposal facilities; 11 4. Key West Naval Air Station and other military facilities; 12 5. Transportation facilities; 13 6. Federal parks,wildlife refuges, and marine sanctuaries; 14 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 15 8. City electric service and the Florida Keys Electric Co-op; and 16 9. Other utilities, as appropriate. 17 18 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, 19 and replacement of stormwater management facilities; central sewage collection; treatment and 20 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 21 treatment and disposal systems. 22 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 23 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), 24 as applicable, and by directing growth to areas served by central wastewater treatment facilities 25 through permit allocation systems. 26 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 27 Keys. 28 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 29 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural 30 or manmade disaster and for a post disaster reconstruction plan. 31 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 32 the Florida Keys as a unique Florida resource. 33 34 Pursuant to Section 380.0552(7)Florida Statutes, the proposed amendment is not consistent with the 35 Principles for Guiding Development as a whole. 36 37 As noted in the analysis in Sections IV and V of this Report,the proposed amendment is inconsistent 38 with the County's Comprehensive Plan. Approval of the proposed amendment would limit the 39 County's ability for managing land use without direct oversight provided by designation as an area 40 of critical state concern. 41 42 C. The proposed amendment, is not consistent with the Part II of Chapter 163, Florida Statute 43 (F.S.). Specifically: 44 45 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 46 enhance present advantages; encourage the most appropriate use of land, water, and resources, 47 consistent with the public interest; overcome present handicaps; and deal effectively with future 48 problems that may result from the use and development of land within their jurisdictions. Through 49 the process of comprehensive planning, it is intended that units of local government can preserve, 50 promote, protect, and improve the public health, safety, comfort, good order, appearance, 51 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 52 efficient provision of transportation, water, sewerage, schools,parks,recreational facilities, housing, BOCC SR 06.21.2023 Page 20 of 22 File 2022-053 4043 1 and other requirements and services; and conserve, develop, utilize, and protect natural resources 2 within their jurisdictions. 3 4 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status 5 set out in this act and that no public or private development shall be permitted except in conformity 6 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with 7 this act. 8 9 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 10 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 11 development of the area that reflects community commitments to implement the plan and its elements. 12 These principles and strategies shall guide future decisions in a consistent manner and shall contain 13 programs and activities to ensure comprehensive plans are implemented. The sections of the 14 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, 15 and policies, shall describe how the local government's programs, activities, and land development 16 regulations will be initiated, modified, or continued to implement the comprehensive plan in a 17 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations 18 in the comprehensive plan but rather to require identification of those programs, activities, and land 19 development regulations that will be part of the strategy for implementing the comprehensive plan 20 and the principles that describe how the programs, activities, and land development regulations will 21 be carried out. The plan shall establish meaningful and predictable standards for the use and 22 development of land and provide meaningful guidelines for the content of more detailed land 23 development and use regulations. 24 25 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in 26 conformity with this act, all development undertaken by, and all actions taken in regard to 27 development orders by, governmental agencies in regard to land covered by such plan or element 28 shall be consistent with such plan or element as adopted. 29 30 (b) All land development regulations enacted or amended shall be consistent with the adopted 31 comprehensive plan, or element or portion thereof, and any land development regulations existing at 32 the time of adoption which are not consistent with the adopted comprehensive plan, or element or 33 portion thereof, shall be amended so as to be consistent. If a local government allows an existing land 34 development regulation which is inconsistent with the most recently adopted comprehensive plan,or 35 element or portion thereof, to remain in effect, the local government shall adopt a schedule for 36 bringing the land development regulation into conformity with the provisions of the most recently 37 adopted comprehensive plan, or element or portion thereof. During the interim period when the 38 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the 39 land development regulations are inconsistent, the provisions of the most recently adopted 40 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an 41 application for a development order. 42 43 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 44 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be 45 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 46 development of lands and waters within an area. It is the intent of this act that the adoption and 47 enforcement by a governing body of regulations for the development of land or the adoption and 48 enforcement by a governing body of a land development code for an area shall be based on,be related 49 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 50 51 163.3202,F.S. —Land development regulations.— BOCC SR 06.21.2023 Page 21 of 22 File 2022-053 4044 1 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review 2 pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land 3 development regulations that are consistent with and implement their adopted comprehensive plan. 4 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land 5 development regulations. 6 7 8 VI. PROCESS 9 10 Land Development Code Amendments may be proposed by the Board of County Commissioners, the 11 Planning Commission,the Director of Planning,private application, or the owner or other person having 12 a contractual interest in property to be affected by a proposed amendment. The Director of Planning 13 shall review and process applications as they are received and pass them onto the Development Review 14 Committee and the Planning Commission. 15 16 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 17 the application, the reports and recommendations of the Department of Planning & Environmental 18 Resources and the Development Review Committee and the testimony given at the public hearing. The 19 Planning Commission shall submit its recommendations and findings to the Board of County 20 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed 21 amendment, and considers the staff report, staff recommendation, Planning Commission 22 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed 23 amendment based on one or more of the factors established in LDC Section 102-158(d)(7). 24 25 26 VII. STAFF RECOMMENDATION 27 28 The amendment as drafted proposes to relax the development restrictions on the Property without 29 providing adequate data to support such a change nor demonstrating consistency with the Tavernier LCP 30 and existing community character. It is anticipated that the proposed overlay, would result in an adverse 31 change in the character of the Tavernier Community. 32 33 As described throughout this Report, the proposed text amendment would allow for development that is 34 specifically noncompliant and inconsistent with the following Land Development Code Sections and 35 Comprehensive Plan Policies [as well as the policies described throughout Section V of this report] 36 37 0 Land Development Code Section 130-128(b) 38 0 Comprehensive Plan Policy No. 101.5.6 39 0 Comprehensive Plan No. 101.19.2 40 41 42 Staff recommends DENIAL of the proposed amendment to the Land Development Code establishing 43 Section 130-143. 44 45 46 VIII. EXHIBITS 47 48 1. DRC Resolution No. DRC 13-22 49 BOCC SR 06.21.2023 Page 22 of 22 File 2022-053 4045 s, 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2023 9 10 AN ORDINANCE APPROVING AN AMENDMENT TO MONROE 11 COUNTY LAND DEVELOPMENT CODE CHAPTER 130 ("LAND USE 12 DISTRICTS"), ARTICLE IV. ("OVERLAY DISTRICTS"), TO CREATE 13 SECTION 130-143 IN ORDER TO CREATE A TAVERNIER 14 COMMERCIAL OVERLAY DISTRICT ("TCO LAND USE DISTRICT" 15 OR "TCO"); INCLUDING THE PURPOSE AND INTENT, BOUNDARY, 16 APPLICABILITY, NROGO ALLOCATION STANDARDS, AND 17 MAXIMUM NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT 18 POTENTIAL; FOR PROPERTIES LOCATED AT 92501 OVERSEAS 19 HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 92.5, 20 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 21 00089490-000000 AND 00490250-000000; AS PROPOSED BY CEMEX 22 CONSTRUCTION MATERIALS FLORIDA, LLC F/K/A SINGLETARY 23 CONCRETE PRODUCTS INC.; PROVIDING FOR SEVERABILITY; 24 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 25 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING 26 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 27 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN 28 EFFECTIVE DATE. (MONROE COUNTY PLANNING AND 29 ENVIRONMENTAL RESOURCES DEPARTMENT FILE NO. 2022-053) 30 31 WHEREAS, on March 23, 2022, the Monroe County Planning and Environmental Resources 32 Department("Department")received an application from Smith/Hawks P.L. (the"Agent") on behalf of 33 Singletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC ("Applicants") and 34 The Vestcor Companies, Inc. and Blackstone Group — Tavernier 925, LLC (the "Developers") seeking 35 an amendment to the Monroe County Land Development Code ("LDC") to create LDC Section 130- 36 143,the Tavernier Key Commercial Overlay District(the"Overlay Land Use District"or the"Overlay"), 37 including the purpose and intent, boundary, applicability, NROGO allocation standards, and maximum 38 nonresidential and residential development potential, for property located at 92501 Overseas Highway, 39 Key Largo, currently having property identification numbers 00089490-000000 and 00490250-000000 40 (the "Property" or the "subject property"); and 41 42 WHEREAS, a corresponding Land Use District map amendment for the Property to apply the 43 Overlay was submitted (Department File No. 2022-054) and is under review; and 44 45 WHEREAS, an amended and restated text amendment application was received on May 19, 46 2022 (the"Application", Department File No. 2022-053); and 47 48 WHEREAS, the proposed text was revised and resubmitted to the Department for review on 49 September 22, 2022; and 4046 1 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the 2 proposed text amendment at a regularly scheduled meeting held on the 25th day of October, 2022; and 3 4 WHEREAS, on November 14, 2022, the DRC Chair signed Resolution No. DRC 13-22, 5 recommending DENIAL of this proposed amendment to the Land Development Code seeking to create 6 Section 130-143 in order to create a TCO Land Use District/Overlay Land Use District to both the 7 Monroe County Planning Commission and Monroe County Board of County Commissioners; and 8 9 WHEREAS,the Property is within the boundary of the Tavernier Livable CommuniKeys Master 10 Plan, a Master Plan for Tavernier Creek Bridge to Mile Marker 97, (the "LCP"); and 11 12 WHEREAS, the Property is within the Tavernier Creek to Mile Marker 97 U.S. Highway 1 13 Corridor District Overlay("TC") as identified in the Tavernier Creek to Mile Marker 97 U.S. Highway 14 1 Corridor Development Standards and Guidelines (the "Corridor Development Guidelines"); and 15 16 WHEREAS, this Tavernier Property is within the Suburban Zone pursuant to the established 17 Corridor Development Guidelines; and 18 19 WHEREAS, the Tavernier Suburban Zone is characterized by intermittent occurrences of open 20 space, residential development of diverse densities, and industrial and general commercial uses 21 following a pattern similar to that found in the mainland suburbs; and 22 23 WHEREAS, the vision for the Tavernier corridor allows the individual zones to maintain their 24 distinctive characteristics yet encourages a unified image of the corridor as a whole, where landscape 25 and the built environment share common elements; and 26 27 WHEREAS, the April 131h 2023-dated Monroe County Planning and Environmental Resources 28 Department professional staff memorandum furnished to the Monroe County Planning Commission 29 ("Planning Commission") at the Special Planning Commission hearing held in Key Largo on April 26th, 30 2023,prepared and presented by Assistant Director of Planning Cheryl Cioffari, A.I.C.P., and Principal 31 Planner Devin Tolpin, A.LC.P., C.F.M., recommends DENIAL of this proposed amendment to the 32 Land Development Code seeping to create Section 130-143 in order to create a TCO Land Use 33 District/Overlay Land Use District; and 34 35 WHEREAS, the Planning Commission held a duly noticed Special Planning Commission 36 meeting on April 281h 2023 for review and recommendation on the proposed Land Development Code 37 text amendment; and 38 39 WHEREAS, on April 281h 2023 the Planning Commission adopted Resolution No. P16-23, 40 recommending DENIAL of this proposed amendment to the Land Development Code; and 41 42 WHEREAS, the Applicant submitted revised proposed language on May 25 2023 to be 43 considered by the Board of County Commissioners following the recommendation of denial by the 44 Monroe County Planning Commission on April 28th, 2023; and 45 46 WHEREAS, the June 6th 2023-dated Monroe County Planning and Environmental Resources 47 Department professional staff memorandum prepared for and provided to the Monroe County Board of 48 County Commissioners (`BOCC" or "Board") for BOCC public hearing on this proposed amendment 49 to the Land Development Code, also prepared by Assistant Director of Planning Cheryl Cioffari, 4047 1 A.I.C.P., and Principal Planner Devin Tolpin,A.I.C.P., C.F.M., recommends DENIAL of this proposed 2 amendment to the Land Development Code; and 3 4 WHEREAS,at a regularly scheduled meeting held on June 2 1"2023 the Monroe County BOCC 5 held a duly noticed public hearing, considered the Department's professional staff report prepared by 6 Assistant Director of Planning Cheryl Cioffari, A.LC.P., and Principal Planner Devin Tolpin, A.LC.P., 7 C.F.M., and the Department's recommendation accompanying this proposed text amendment to the 8 Code, and provided for public comment and public participation in accordance with the requirements of 9 state law and the procedures adopted for public participation in the planning process; and 10 11 WHEREAS, based upon the documentation submitted and information provided, including but 12 not limited to the documentation and information furnished in the Department's professional staff report, 13 the BOCC hereby makes the following findings of fact and conclusions of law: 14 15 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe 16 County Year 2030 Comprehensive Plan; and 17 2. The proposed amendment is consistent with the Principles for Guiding Development for the 18 Florida Keys Area of Critical State Concern, Fla. Stat. § 380.0552(7); and 19 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; 20 4. The proposed amendment will not result in an adverse change in community character to the 21 sub-area which a proposed amendment affects or to any area in accordance with the Tavernier 22 Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and 23 5. The proposed amendment is a necessary adjustment in light of changed conditions, incorrect 24 assumptions or determinations, or recognition of a need for additional detail or 25 comprehensiveness, as required to change the text of the Land Development Code in 26 accordance with Section 102-158 of the Monroe County Land Development Code. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 30 31 Section 1. The foregoing recitals including but not limited to this ordinance's title, and 32 determinations, are hereby incorporated as if fully stated herein. 33 34 Section 2. The text of the Monroe County Land Development Code is hereby amended as follows 35 (Deletions are shown strike thfatig ; additions are shown underlined): 36 37 ***** 38 39 Sec. 130-143. Tavernier Commercial Overlay District 40 41 (a) Purpose and Intent. The purpose of the Tavernier Commercial Overlay District is to 42 implement applicable goals, objectives, and policies of the Comprehensive Plan and to allow 43 larger-scale nonresidential development in a scarified area of the Upper Keys that primarily 44 serves the needs of permanent residents of the Upper Keys. The intent is to provide accessible 45 nonresidential uses to permanent residents of the Upper Keys and maintaining the character 46 of Tavernier. 47 48 (b) Boundary. The Tavernier Commercial Overlay District shall be shown as an overlay district 49 on the Official Land Use District map. The Tavernier Commercial Overlay District shall be 4048 1 shown as the boundary of the parcels with Monroe County Parcel ID numbers 00490250- 2 000000 and 00089490-000000, and legally described as: 3 DESCR'IPTIDN, IParce4. 1, RED D009430-900C©Q1 On the T51.ancd of (key Largo, and (crown asp Lot 6, orcordling to the m;iL,�rvey naedee by George L, MacDonald, ChviH IC°nghneer, or the Sowthea5t '1/4 oP the Northea5t 1/4 and luovea^nrhent ILQt 'r,% and the SW 1/4 ref the SE 1,/4 of Srctiorh27„ and Government Lots 1 arld 2 of SeLVon 34, 7own-,hHp_a 62 South, Rangt 32' East, aLcozrdlrrg to the Pia.t thcrec)F r'OLOr'•d0d un Plat Book 1, Pogo 64, of the Publlc Recorw5 of (Monroe County, f7torndap LESS and FXrCPf f IZoj.d IRlgh t of Way for 011Ud State Road 4Fa across the to"Far ular po t;lon CIF the NJoY"thwpst; C'.'.oP"ioe,'p" oT, said I ()'t I II SCRIP rIUIN, Porceli, , IRE 004502"5 P-100iI000 IT;mt of the SDAAth 280 Fep°t 4ynrng Laster^ly o)P" the (Qster,l4y irhuht or way One of State Road No, 5, U.S, No, 1 Uormerly Old S''ote (Rood No, 4-fw1, of Tract 2 of 'Plat of Survey of Elbas Property In the NE 1✓4 and the SE 1,/4 of 5ectiior 27, Town,hip, 6a South, Range 38 IEca t„ Key orgo. Monroe C county, f lorlda` to a mk,p or pilot thereof recorded Ir d-plat dlaok Prage 99, zaf t.hhL Public RelCOrdb of Monroe County, FloHdo, OFSGRIP1'I0N,N� Parcel ;3 A pov Vora of „('rout x;U, lylr)ag IE as'terly of Old State R ahad 4.-A, Plot auf Survey of C', HS Property accardln p to the Plat. thereof rletorvded in Plat. Book 2 at Fag 9'9 of thQ PubUic Recorldss& of Monroe County, Ficirlcda and benrg more parft0ciulairly described as followsl Commencing vat the lntee,sectbora formed by the South Une of said Tract 2 and the EasteHy Hight of way dnire of Did State Road 4-A, sand point IbeGng on a cnrcular curve concave to tlh Noirthwest and hoavIng Cor It's e eiments a ra6k,A5 of 2126,108 feet: and n clhoir6 kx-aring to the, taoYr°rt of tangency, of N13"36'16'E, thence rush Vn a Northeasterly durectlon colony the ar^c of sold curve for a distance of 33532 feet to said polrrot of tcngencya thierucie run N.09"'24'42E. aliorg ,said Easterly right of way line, of 11:1116 State Road 4 A for a ddstance of 7 B f,?6, Feet to the Pl,"IITNT OF B1 la1NN1NG of the parreil. hereiriafter described6 thence continue NL09°24'42 E. for a &starce of 76.32 feetd 'thence run S,04 ,58 WE, along the Cast Vine of T'rac't 'P for ca ddstarce of 743P feet,, thence ruin along a ln're described gas the North line of the, 'mouth 400 feet of Tract for a d�stance of 1E199 4 Fe t baulk to than POIIrNT' OF BEGINNING, 5 6 (c) Applicability. In order for a property owner to utilize the standards, exemptions and 7 reductions conferred within the Tavernier Commercial Overlay District, an amendment to 8 the Official Land Use District Map shall be required and such overlay shall be shown on the 9 Official Land Use District Map. 10 11 (d) NROGO Allocations. Notwithstanding Section 138-51, the Tavernier Commercial Overlay 12 District shall have the following NROGO allocation standards: 13 a. Maximum allocation of nonresidential floor area. The amount of nonresidential floor 14 area to be allocated or transferred to the Tavernier Commercial Overlay District shall 15 be limited to a maximum of 58,500 square feet. 16 b. Maximum floor area per structure. Nonresidential principal structures within the 17 Tavernier Commercial Overlay District shall be permitted to receive an allocation that 18 expands the structure to more than 10,000 square feet, but not to exceed a maximum 19 of 58,500 square feet of nonresidential floor area. 20 21 (e) Maximum Development Potential. The overlay district shall be limited to a maximum total 22 development potential of: 23 a. 58,500 square feet of nonresidential development; 24 b. eighty-six (86) deed restricted affordable housing dwelling units; and 25 c. accessory 26 27 (f) Market Rate Dwelling Units and Transient Rooms/Spaces. There shall be no allocated or 28 maximum net density standard available for market-rate dwelling units or transient units. 4049 1 2 O Required Affordable Dwelling Units. Notwithstanding LDC Sections 139-1(2), 139-1(h) 3 and 139-1(i), 86 deed restricted affordable dwelling units must be provided on-site consisting 4 of 25%very low income, 25% low income, 25% median income and 25%moderate income. 5 6 (h) All new residential units developed within the overlay district shall be subject to the ROGO 7 permit allocation system or transfer of ROGO exemptions of existing lawfully established 8 permanent market rate or affordable dwelling units that have less than five years remaining 9 on the required deed restriction pursuant to Section 138-22(b)(4)b. 10 11 i) Prior to issuance of a building permit for a nonresidential structure that is more than 10,000 12 square feet, building permits for the required 86 affordable dwelling units must be issued. 13 14 (i) Prior to a Certificate of Occupancy can be issued for a nonresidential structure that is more 15 than 10,000 square feet: 16 a. at least 50% (43) of the required 86 affordable dwelling units must have received a 17 Certificate of Occupancy; and 18 b. at least 50% (43) of the required 86 affordable dwelling units must have received 19 approved foundation inspections. 20 21 (k) Any use within the overlay district shall be subject to all land development regulations of 22 the underlyingzoning district with the exception of those regulations controlling NROGO 23 allocations as set forth in Sections 13 8-51(b)and(c)and transfers of nonresidential floor area 24 as set forth Section 138-50(j)3. 25 (1) All other provisions of the Comprehensive Plan, Tavernier Livable Communikeys Plan, the 26 _ Tavernier Creek to Mile Marker 97 US Highway Corridor Development Standards and 27 Guidelines and the Land Development Code apply unless expressly exempted herein. 2229q8 31 Section 3. Interpretation. This ordinance and its interpretation shall be liberally construed and 32 enforced in favor of the Board of County Commissioners of Monroe County and such 33 interpretation shall be entitled to great weight in adversarial administrative proceedings, 34 at trial, bankruptcy, and on appeal. The interpretation of all provisions of the Florida 35 Statutes, Monroe County Comprehensive Plan, Florida Building Code, and Monroe 36 County Codes whose interpretation arises out of,relates to, or is interpreted in connection 37 with this ordinance shall be liberally construed and enforced in favor of the Board of 38 County Commissioners of Monroe County and such interpretation shall be entitled to 39 great weight in adversarial administrative proceedings,at trial,bankruptcy,and on appeal. 40 41 Section 4. Non-Reliance by Third-Parties. No natural or legal person may rely upon this 42 ordinance, or any part thereof, to enforce or attempt to enforce any third-party claim(s), 43 benefit(s), term(s), or entitlement(s)putatively contemplated hereunder. 44 45 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is held to 46 be invalid or unenforceable by any administrative hearing officer or court of competent 47 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 48 thereof, shall neither limit nor impair the operation,enforceability,or validity of any other 49 provision of this ordinance, or any remaining part(s) or portion(s) thereof. All other 4050 1 provisions of this ordinance, and remaining part(s) or portion(s) thereof, shall continue 2 unimpaired in full force and effect. 3 4 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are 5 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not 6 repeal the repealing clause of such ordinance or revive any ordinance which has been 7 repealed thereby. 8 9 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 10 Agency pursuant to Chapters 163 and 380, Florida Statutes. 11 12 Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary 13 of State of Florida, but shall not become effective until a notice is issued by the Florida 14 State Land Planning Agency or Administration Commission finding the amendment in 15 compliance with Chapter 163, Florida Statutes, and if challenged until such challenge is 16 resolved. 17 18 Section 9. Effective Date. This ordinance shall become effective as provided by law and stated 19 above. 20 21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 22 regular meeting held on the 21 sr day of June, 2023. 23 24 Mayor Craig C. Cates 25 Mayor Pro Tem Holly Merrill Raschein 26 Commissioner Michelle Lincoln 27 Commissioner James K. Scholl 22gq8 Commissioner David Rice 30 31 BOARD OF COUNTY COMMISSIONERS 32 OF MONROE COUNTY,FLORIDA 33 34 By: 35 MAYOR CRAIG C. CATES 36 37 38 39 (SEAL) 40 ATTEST: KEVIN MADOK, CLERK 41 42 43 By: 44 AS DEPUTY CLERK 45 MONROE COUNTY ATTORNEY 4051 T11 V'EP IS TO FOR l��t�; �pm6/13/23 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Monday, June 19, 2023 3:12 PM To: Liz Yongue Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides Subject: FW:June 21 meeting comments Categories: Public Comment FYI Lindsey Ballard Aide to Roman Gastesi, County Administrator Business Manager-Administration 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4443 (Office) (305)393-4442 (Cell Phone) (305)292-4544(Fax) Courier Stop#1 Ballard-Lindsey@monroecounty-fl.gov https://gcc02.safeI i n ks.protection.outlook.com/?u rl=http%3A/2F%2Fwww.mon roecou nty- fl.gov%2F&data=05%7C01%7Ceyongue%40monroe- clerk.com%7Cb23c5c6bd7024a 13llef08db70f91a46%7C5e7638e7dcdb4069afa5946880d021f1%7C0%7C0%7C6382279 87405633711%7CU n known%7CTW FpbGZsb3d8eyJ Wljoi MC4wLjAwM DAi LCJQljoiV21 u Mzl i LCJ BTi 161 klhaWwi LCJXVCI6M n 0%3D%7C3000%7C%7C%7C&sdata=0%2FkTy%2BzWSYRgZn%2BXvSYafAe7Xr2Ql EVTjXWfjjU6%2BOw%3D&reserved=0 Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must not be defeated." Maya Angelou 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 SUBJECTTO PUBLIC DISCLOSURE. -----Original Message----- From:janafla@netzero.net<janafla@netzero.net> Sent: Monday,June 19, 2023 10:53 AM To: Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov> Cc:janafla@netzero.net Subject:June 21 meeting comments [You don't often get email from janafla@netzero.net. Learn why this is important at https://aka.ms/LearnAboutSenderldentification j i CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Agenda items P7 and P8 Dear BOCC, I am writing to express my concerns about the proposed commercial development at the Cemex property. This project is not consistent with the Tavernier LCP and county master Plan. If this is allowed to move forward, it will open the door for more large-scale commercial development and essentially turn our community into a Miami style commercial corridor. We are a small community with many locally owned small businesses. We love the feel of our neighborhood, and this would be lost. The amount of traffic that a large Publix and dense "affordable" housing development would generate is inappropriate for the amount of road frontage the Cemex property has. It will create a problem regardless of what their paid for traffic study numbers are. Additionally, there are both a walking path and biking path that cross in front of the property. Respect from motorists for pedestrians and cyclists is a problem throughout the Keys and this would create a dangerous situation there. This development would also generate light and noise pollution for the surrounding residents in addition to the increased trash-especially plastic bags-that we, undoubtably will encounter. Further, a liquor store is not a need in our community. We have plenty of options already. As I understand it, there are 14 buildable acres on the property. If it is housing that we are all so concerned about, it would seem to make sense to use all that acreage to build small single-family homes that our teachers, firefighters, deputies and other support personnel can afford to buy, set down real roots and support the community, thusly. If there are 80+apartments, that only supports a transient population or the workers at a Publix which is not needed.There is a Publix to the north and one to the south already. Sincerely, Jana G Fly, DVM 118 Garden St Tavernier, FL 33070 3053935635 janafla@netzero.net 2 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Monday, June 19, 2023 3:13 PM To: Liz Yongue Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides Subject: FW:June 21 meeting comments Categories: Public Comment FYI Lindsey Ballard Aide to Roman Gastesi, County Administrator Business Manager-Administration 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4443 (Office) (305)393-4442 (Cell Phone) (305)292-4544(Fax) Courier Stop#1 Ballard-Lindsey@monroecounty-fl.gov https://gcc02.safeI i n ks.protection.outlook.com/?u rl=http%3A/2F%2Fwww.mon roecou nty- fl.gov%2F&data=05%7C01%7Ceyongue%40monroe- clerk.com%7C41ed8dd115a040191d3408db70f9274d%7C5e7638e7dcdb4069afa5946880d021f1%7C0%7C0%7C638227 987610749978%7CU nknown%7CTWFpbGZsb3d8eyJWljoi MC4wLjAwMDAi LCJQljoiV2luMzli LCJBTi l6lk1haWwiLCJXVCI6M n0%3D%7C3000%7C%7C%7C&sdata=Az%2F8auVUYxAB2d P16tN h8QBr%2Bw20G3uj FNAO3thoBSg%3D&reserved=0 Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must not be defeated." Maya Angelou 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 SUBJECTTO PUBLIC DISCLOSURE. -----Original Message----- From:janafla@netzero.net<janafla@netzero.net> Sent: Monday,June 19, 2023 10:48 AM To: Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov> Cc:janafla@netzero.net Subject:June 21 meeting comments [You don't often get email from janafla@netzero.net. Learn why this is important at https://aka.ms/LearnAboutSenderldentification j i CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Re Agenda Items F7 and F8 Dear BOCC, I am writing to express my concerns about the proposed commercial development at the Cemex property. This project is not consistent with the Tavernier LCP and county master Plan. If this is allowed to move forward, it will open the door for more large-scale commercial development and essentially turn our community into a Miami style commercial corridor. We are a small community with many locally owned small businesses. We love the feel of our neighborhood, and this would be lost. The amount of traffic that a large Publix and dense "affordable" housing development would generate is inappropriate for the amount of road frontage the Cemex property has. It will create a problem regardless of what their paid for traffic study numbers are. Additionally, there are both a walking path and biking path that cross in front of the property. Respect from motorists for pedestrians and cyclists is a problem throughout the Keys and this would create a dangerous situation there. This development would also generate light and noise pollution for the surrounding residents in addition to the increased trash-especially plastic bags-that we, undoubtably will encounter. Further, a liquor store is not a need in our community. We have plenty of options already. As I understand it, there are 14 buildable acres on the property. If it is housing that we are all so concerned about, it would seem to make sense to use all that acreage to build small single-family homes that our teachers, firefighters, deputies and other support personnel can afford to buy, set down real roots and support the community, thusly. If there are 80+apartments, that only supports a transient population or the workers at a Publix which is not needed.There is a Publix to the north and one to the south already. Sincerely, Jana G Fly, DVM 118 Garden St Tavernier, FL 33070 3053935635 janafla@netzero.net 2 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Monday, June 19, 2023 3:15 PM To: Liz Yongue Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides Subject: FW: comments, BOCC meeting 2023-6-21; agenda items P7 and P8 L%vuL .yy Ballard, Aide to Roman Gastesi, County Administrator Business Manager-Administration 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4443 (Office) (305)393-4442 (Cell Phone) (305)292-4544 (Fax) Courier Stop#1 Ballard-Lindsey@monroecounty-fl.gov www.monroecounty-fl.gov Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must not be defeated." Maya Angelou PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM TTtE COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE. Pleo e c.on,tlder the environrrrent when 4�0 0"1111 deciding hetl'ier to print this erra iL From: baird.karen.l@gmail.com <baird.karen.l@gmail.com> Sent: Monday,June 19, 2023 2:50 PM To: BOCCDIS5<BOCCDIS5@ Mon roeCounty-FL.Gov>; Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov> Subject: comments, BOCC meeting 2023-6-21; agenda items P7 and P8 Some people who received this message don't often get email from baird.karerd gMail.com. Learn why this is important 1 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Karen L. Baird, Ph.D. 150 Atlantic Circle Dr. Tavernier, FL 33070 914-772-5800 (cell) ird IK r n_:_L2.gmail.com RE: Meeting 6/21/2023, agenda items P7 and P8 Greetings Mayor Pro Tern Holly Merrill Raschein, other Commissioners, and Lindsey Ballard, I am writing about the proposal to allow a large commercial building/strip center to be built on the land that houses the now closed Cemex plant. There are many reasons why I oppose this application. Some reasons are process-oriented and others are specifically about the project proposal. 1. PROCESS-ORIENTED OBJECTIONS 1. The Monroe County Planning Commission already voted 3-2 to deny the application. Why is this being considered if the Planning Commission voted to deny it? 2. The Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development Standards and Guidelines, Aug. 17, 2005, "prescribe the basic rules for development on properties fronting US Highway 1 between Tavernier Creek and Mile Marker 97.These rules were developed in keeping with the recommendations of the Livable CommuniKeys Plan (LCP)" in order"to help maintain and increase a unique cultural identity of Tavernier in relation to other locations along the US 1 Highway." A goal of this plan is "to preserve and protect the qualities of neighborhoods between Tavernier Creek Bridge and Mile Marker 97—its small town unique character, lush natural environment and water orientation." I do not know the legal mandates or requirements of the aforementioned Standards and Guidelines but a new, extremely large commercial center with a great increase in traffic, noise, and pollution does NOT seem befitting to preserving and protecting the area, as noted in the document. 3. If Cemex and Tavernier desire to utilize the property for another purpose, we should engage in a community planning process to gather input from all parties to decide what is feasible and what would be best for the Tavernier community.As far as I know, this has not happened. 11. OBJECTIONS TO THE PROPOSAL 1. Tavernier already has a Winn Dixie and a Bill's Liquor store and is NOT in need of another grocery store nor another liquor store. And there are already two Publix grocery stores in easy driving distance if people prefer to shop at a Publix. (I would suggest that if the people of Tavernier are so desirous of a closer Publix, then a discussion of swapping out Winn Dixie for a Publix should begin.) 2. Tavernier already has a large commercial strip center--the Tavernier Towne Center--with many stores. Tavernier is a very small locale and has NO need for a second large commercial center. As noted above, allowing another large commercial center will negatively impact the unique small-town character of Tavernier. 2 3. Allowing such a commercial center will cause a great increase in traffic—will another traffic light be installed? A new traffic light was recently installed for Harry Harris Park and U.S. 1 does not need another traffic light so close by. And the area does not need an increase in traffic. 4. Allowing such a commercial center will cause a great increase in noise and pollution in the area, and the noise will not end at 5:00 pm (traditional business hours). This will negatively impact the surrounding neighborhoods, property values, etc. I strongly encourage the BOCC to vote AGAINST this proposal and project. Again, if Cemex and Tavernier desire to utilize the property for another purpose, we should engage in a community planning process to gather input from all parties to decide what would be the best use of the site for the Tavernier community. I will be attending the June 21 meeting and am happy to speak about my position on this matter. Thank you, Karen L. Baird, Ph.D. Kbrena Baird "What if all turns out better than you could have ever imagined?" Karen L. Baird 150 Atlantic Circle Dr. Tavernier, FL 33070 914-772-5800 (cell) ird IK r n_:_L2.gmail.com 3