Item P08 P8
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: P8
2023-1075
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 Use District (Zoning) Map to apply the Tavernier Key Commercial Overlay District (TKCO) to
property located at 92501 Overseas Highway, Key Largo, approximately Mile Marker 92.5, having
Parcel Identification Numbers 00089490-000000 and 00490250-000000; as proposed by Cemex
Construction Materials Florida, LLC F/K/A Singletary Concrete Products, Inc.
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 apply an overlay to
the Land Use District(Zoning) map on property located at 92501 Overseas Highway, Key Largo with
parcel identification numbers 00490250-000000 and 00089490-000000 (the "Property")
The Applicants have also requested a corresponding text amendment to establish the Tavernier Key
Commercial Overlay District(the "Overlay") to allow for a nonresidential Rate Of Growth Ordinance
(NROGO) allocation of up to 58,500 square feet to allow for the development of a 58,454 SF
commercial supermarket, including a liquor store, and 86 affordable housing dwelling units on the
Property (File 2022-053).
Please see attached Staff Report for background, proposed map amendment, and analysis.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
4052
N/A
STAFF RECOMMENDATION:
Staff recommends DENIAL of the proposed Land Use District Map Amendment applying the
proposed overlay district to the subject property.
DOCUMENTATION:
2022-054_BOCC_SR_.docx
Exhibit 2 2022-054 DRC Reso 14-22.PDF
2022-054_BOCC Ordinance.pdf
Ex.1_to_ordinanc e.pdf
Exhibit 1_to_the_Staff Report_Proposed_LDC_Text Amendment File_2022-053_.docx
FINANCIAL IMPACT:
N/A
4053
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 Use District(Zoning)Map to apply the Tavernier Key Commercial
22 Overlay District (TKCO) to property located at 92501 Overseas Highway, Key Largo,
23 approximately Mile Marker 92.5, having Parcel Identification Numbers 00089490-
24 000000 and 00490250-000000; as proposed by Cemex Construction Materials Florida,
25 LLC F/K/A Singletary Concrete Products, Inc. (File 2022-054)
26
27 Meeting: June 21, 2023
28
29
30 I. REQUEST
31 On March 23, 2022, the
32 Planning and Environmental
33 Resources Department �
34 received an application from
35 Smith/Hawks, PL (the 1
36 "Agent") on behalf of �� ` '
A'
37 Singletary Concrete Products,
38 Inc. and Cemex Construction
39 Materials Florida, LLC (the
'r� ta
40 Property Owners and
41 "Applicants")and The Vestcor
42 Companies, Inc. and
43 Blackstone Group Tavernier
44 925 LLC (the "Developers")
45 to apply an overlay to the Land
46 Use District (Zoning) map on
47 property located at 92501 Overseas Highway, Key Largo with parcel identification numbers 00490250-
48 000000 and 00089490-000000 (the "Property").
49
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4054
1 The Applicants have also requested a corresponding text amendment to establish the Tavernier Key
2 Commercial Overlay District (the "Overlay") to allow for a nonresidential Rate Of Growth Ordinance
3 (NROGO)allocation of up to 58,500 square feet to allow for the development of a 58,454 SF commercial
4 supermarket, including a liquor store, and 86 affordable housing dwelling units on the Property (File
5 2022-053).
6
7 The subject of this staff report is the proposed LUD (Zoning) Map Overlay amendment to apply the
8 overlay to the Property.
9
10 II. BACKGROUND INFORMATION
11 Site Information:
12 Location: 92501 Overseas Highway, MM 92.5, Tavernier(Island of Key Largo)
13 Boundary: Affected parcels are outlined in oii�u �iu ge in the image below.
14 Parcel ID Numbers (2 Parcels): 00490250-000000 and 00089490-000000
15 Applicant: Singletary Concrete Products Inc. and CEMEX Construction Materials Florida, LLC
16 Agent: Smith/Hawks, PL
17 Size of Affected Portion of Property: 841,940.3 SF (19.33 acres) gross area; including 611,384.2 SF
18 (14.04 acres) upland, 209,913.57 SF (4.82 acres) mangroves, and 20,642.5 SF (0.47 acres) man made
19 pond according to the submitted boundary survey
20 FLUM Designation: Mixed Use / Commercial (MC)
21 Land Use Districts: Suburban Commercial (SC); proposing overlay land use district
22 Tier Designation: III
23 Flood Zones: AE (EL 8, 9, 10, and 11); VE (EL 11)
24 CBRS: No
25 Existing Uses: previously developed as a cement plant
26 Existing Vegetation/Habitat: Undeveloped Land, Exotic, Mangrove, Hammock, and Water
27 Community Character of Immediate Vicinity: Adjacent land uses include residential to the north,
28 east,and south with commercial retail to the west across US 1.Part of the Tavernier Creek to Mile Marker
29 97 U.S. Highway 1 Corridor District Overlay (TC), established by LDC Section 130-128.
i
r
� a
30
31 Property outlined in orange (image dated 2022)
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1 Historic Aerial Imagery of the Property
n
f
2
3 Subject Property (image dated 1968) Subject Property (image dated 1975)
4
Millis
1/ a
Y y„
5 ro
6 Subject Property (image dated 1994) Subject Property (image dated 2002)
7
8 Community Meeting and Public Participation
9 The Community Meetings for the subject application were held on August 18,2022 and January 5,2023.
10 Concerns from the Community Meeting included, but were not limited to:
11 ■ Inconsistency with community character and the Tavernier Livable CommuniKeys Plan (the
12 "LCP");
13 ■ Increased traffic and the associated negative impacts;
14 ■ The County's insufficient balance of ROGO Allocations to accommodate the request;
15 ■ Access off US I; and
16 ■ Negative environmental impacts.
17
18 Development Review Committee Meeting and Public Input
19 On October 25, 2022, the DRC considered the proposed amendment and provided for public input. On
20 November 14, 2022,the Chair of the DRC signed Resolution No. DRC 14-22,recommending DENIAL
21 of the proposed amendment to the Land Development Code establishing Section 130-143 to the Planning
22 Commission and Board of County Commissioners.
23
24 Planning Commission Hearing
25 On April 28,2023, the Planning Commission passed and adopted Planning Commission Resolution No.
26 P16-23 recommending DENIAL of the proposed amendment to the Land Development Code
27 establishing Section 130-143 to the Board of County Commissioners. A resolution specific to the Map
28 Amendment (to apply the overlay to the Property) was not adopted due to the recommendation to deny
29 the establishment of the overlay.
30
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4056
1 Previous Relevant BOCC Action
2 On September 16, 1988, an Application for a Land Use Map amendment from Suburban Commercial
3 (SC) to Industrial (1) (File# M9315) was received by the Planning Department. It appears that this file
4 was never processed because it was submitted when the new Comprehensive Plan was being drafted and
5 the pending application was put on hold and eventually closed.
6
7 On June 30, 2003, a Letter of Understanding (LOU) was issued, to address the potential construction of
8 300 affordable housing units on the Property.
9
10
11 III. AMENDMENT REVIEW
12
13 Proposals to amend the land use district are reviewed in accordance with Chapter 102, Article V. Land
14 Development Code Section 102-158(a) specifically identifies the purpose of Article V Amendments and
15 states:
16
17 Purpose. The purpose of this article [Article V- Amendments] is to provide a means for
18 changing the text of this Land Development Code, which also includes changes to the land
19 use(zoning)district map and overlay district maps.It is also intended to add to the statutory
20 procedures and requirements for changing the future land use map (FLUM) at the
21 transmittal stage. The process for changing the text of the Comprehensive Plan shall follow
22 the process established Chapter 163, Part 11, Florida Statutes, and shall require a Concept
23 Meeting as detailed in subsection (d)(3) of this section, and shall provide for community
24 participation as specified in Section 102-159(b). This article is not intended to relieve
25 particular hardships, nor to confer special privileges or rights on any person, nor to
26 permit an adverse change in community character, analyzed in the Technical
27 Document (data and analysis), but only to make necessary adjustments in light of
28 changed conditions or incorrect assumptions or determinations as determined by the
29 findings of the BOCC. In determining whether to grant a requested amendment to
30 the text of this Land Development Code, or land use (zoning) district map, or overlay
31 map, the BOCC shall consider, in addition to the factors set forth in this article, the
32 consistency of the proposed amendment with the provisions and intent of the
33 comprehensive plan and consistency with the principles for guiding development in
34 Section 380.0552, F.S. [emphasis added].
35
36 Comparison o Development Potential
37 The Property is currently located within the Suburban Commercial Land use (zoning) District, Mixed
38 Use/Commercial Future Land Use, and is designated as Tier 3 on the County's Tier overlay map. Under
39 the existing zoning requirements, both commercial retail and employee housing dwelling units are
40 permitted uses. The primary change that would result from adoption of the proposed overlay would be
41 the ability to construct a nonresidential structure that is over 10,000 square feet,up to 58,500 square feet,
42 with receipt of that nonresidential floor area allocation within a single allocation quarter [for properties
43 within the overlay].
44
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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 proposed amendments:
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
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.
6
7 The Applicants' proposed text would relax the development restrictions within the Overlay by allowing
8 for the potential NROGO allocation of up to 58,500 square feet as opposed to a maximum of 10,000
9 square foot per structure as set forth in LDC Section 138-51. As currently drafted, it is apparent that the
10 intent of the overlay is to limit the nonresidential development potential of the Property to no more than
11 58,500 square feet of nonresidential floor area and 86 units of deed restricted affordable housing.
12 Additionally, nothing prohibits this property owner or a future applicant from applying for a text
13 amendment to increase or decrease the maximum development potential in the future. See File 2022-
14 053 for detailed analysis of the proposed text amendment.
15
16 Compatibilioz with surrounding area
17 As noted above,the Property is within the Suburban Commercial(SC)land use district and the Tavernier
18 Creek to Mile Marker 97 U.S. Highway I Corridor District Overlay (TC), established by LDC Section
19 130-128. All proposed development within the existing overlay must comply with the Tavernier Creek
20 to Mile Marker 97 U.S. Highway Corridor Development Standards and Guidelines, which are adopted
21 as part of Chapter 130 of the Land Development Code. The Property is also subject to the policies and
22 guidelines provided in the Tavernier Livable CommuniKeys Plan, which is adopted as part of the
23 County's Comprehensive Plan. To further guide new development within the TC Overlay, these
24 guidelines utilized transect zoning. The transects do not eliminate the standards set by the County's Code
25 or zoning laws, but are intended to help organize the regulations according to the transect with which
26 the property belongs.
27
' Upland acreage is based on survey completed by Massey-Richards Surveying&Mapping,LLC and digitally signed by
David S.Massey on May 26,2022.
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I The Property is within the Suburban Zone of the TC overlay transects which "is characterized by
2 intermittent occurrences of open space, residential development of diverse densities, and industrial and
3 general commercial uses following a pattern similar to that found in the mainland suburbs." According
4 to the Glossary of the U.S.1 Guidelines, Suburban, is characterized by low density residential, this zone
5 is more vegetated than the general urban zone. In this zone blocks tend to be larger. Alternatively, the
6 urban zone is the area where most of the retail and commercial mixed use development are found and it
7 is the area that the community identifies as its center.
8
9 The primary change that would result from adoption of the proposed overlay would be the ability to
10 construct a nonresidential structure that is over 10,000 square feet [on properties within the overlay]. To
11 aid in the review for consistency of the proposed overlay with the existing Tavernier community
12 character Staff reviewed the size of existing building of surrounding properties within both the Suburban
13 and Urban transect zones. According to data from the Monroe County Property Appraiser's website, the
14 largest commercial structure within 600 feet of the Property is approximately 12,000 square feet,known
15 as the Vaughn Building. For reference only, some recognizable commercial buildings within Tavernier
16 are detailed in the table below:
17
Common Property Building Square Transect Zone per US I
Name Footage (approximate) Design Guidelines
Tavernier Towne* 526,686 General Urban
Mariners Hospital* 75,737 General Urban
FKEC Property 59,403 General Urban
Tavernier Commercial 26,782 General Urban
Center
`Old' Bank of America 9,420 Suburban
Vaughn Building 12,000 Suburban
*Nodes of community center per Guidelines and LCP
18
19 The allowance of a structure that is up to 58,500 square feet is much larger than existing structures within
20 the transect area noted as Suburban and would be inconsistent with the established community character.
21 The existing LDC, when coupled with the TC Overlay Guidelines and Tavernier LCP, intentionally
22 limits the maximum size of each structure. Additionally, the proposal is inconsistent with Comp Plan
23 Policy 101.5.6 which states that various types of commercial retail and office may be permitted at
24 intensities which are consistent with the community character and the natural environment.
25
26 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
27 Traffic Circulation (Comprehensive Plan Policy 301.1.1)
28 Due to the specificity of the proposed development through this application and concurrent applications,
29 Staff requested that a Level III Traffic Study be submitted,reviewed and approved before the proposed
30 text amendment be considered by the Planning Commission. A Level III Traffic Study was initially
31 received by Staff on November 10, 2022 and updated in February 2023. The Study, and subsequent
32 revisions, were forwarded to the County's Transportation Consultant (AECOM), who provided
33 comments to the Applicants. There have been subsequent responses and comments with the most recent
34 comments provided by AECOM on March 16, 2023. A revised traffic study was received by the
35 applicant on May 23, 2023. The revised study has been forwarded to AECOM for review. As of the date
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1 of this report, Staff has not received updated comments from AECOM concerning the revised traffic
2 study.
3
4 The comments that remain outstanding are pictured below:
5
Z 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) phasing and update the operation analysis and confirm that this intersection operates at
acceptable LOS.
6
4. Please review and ensure internal circulations is adequate for truicks.
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.
9
10
11 Based on the trip generation numbers provided in the submitted Traffic Study, it appears the daily trip
12 generation is as follows:
13
14 ITE Code 220: 86 units * 6.02 = 518 daily trips
15 ITE Code 850: (55,454 SF/1000) * 97.77 = 5,422 daily trips
16 ITE Code 899: (3,000 SF/1000) * 107.21 = 322 daily trips
17
18 Total= 5,744 daily trips (without excluding pass-by trips)
19
20 This calculation does not include any"internal capture" that may exist between the proposed residential
21 units and nonresidential square footage. The submitted Level III Traffic Study goes on to provide a more
22 detailed analysis of the daily trip generation,potential impacts to affected segments of US I and potential
23 impacts to relevant intersections.
24
25 If the proposed LDC text amendment and corresponding LUD Overlay map amendment are approved,
26 Comment No.4 would be addressed during the major conditional use approval review process.However,
27 the other two comments must be addressed prior to consideration of approval of the submitted traffic
28 study. Comment No. 2 requires verification from FDOT confirming signal timing. Comment No. 6
29 requires specification of proposed mitigation. The Applicants have yet to propose any mitigation
30 measures consistent with the requirements set forth in LDC Section I 14-2(a)(I)b. The Applicants' assert
31 that with the addition of a new Publix at the Property, less vehicles will be traveling through Segment
32 21 (MM 86.0 — MM 91.5) as the existing customer base that license within Segment 22 (MM 91.5 to
33 MM 99.5) would "transfer nearly all of their supermarket shopping trips to the new Publix store in
34 Tavernier."Although this may be a compelling argument, there are two major flaws. First, this type of
35 analysis has not historically been accepted with regards to mitigation. Second, there is nothing in the
36 proposed LDC Text Amendment or corresponding applications that would only allow the development
37 of a Publix Supermarket.Rather,the proposed commercial retail space could be occupied by any number
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1 of existing or unknown businesses or corporations, as the LDC does not and cannot regulate or require
2 a specific business to occupy the Property.
3
4 The Property is located on Tavernier at approximate mile marker 92.5. The 2021 US 1 Arterial Travel
5 Time and Delay Study for Monroe County indicates levels of serve (LOS) of "A" for Segment 22
6 (Tavernier/Key Largo, mm 91.5-99.5), with 12,638 reserve trips. U.S. 1 is required to maintain a LOS
7 of"C" in order to support development. Pursuant to Policy 1401.4.9, the County maintains a database
8 to monitor capacity and reserve trips available. According to the County's database of remaining
9 capacity,by segment, as of October 12, 2021, the number of trips remaining on Segment 22 is 12,714.
10
11 At the time of any development approval on the site, traffic concurrency will be reviewed and must
12 maintain a LOS of "C" on Segment 1 of US1. In order to be in compliance with Monroe County
13 Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as Land
14 Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or sufficient evidence acceptable to
15 Monroe County that the potential trip generation does not exceed LOS C, must be provided prior
16 to issuance of a building permit for development of the subject property.
17
18 The Applicants had requested the proposed text amendment be considered by the Planning Commission
19 without approval of the submitted Traffic Study. As of the date of this report, not all comments have
20 been addressed and the traffic study has not been approved.
21 Potable Water(Comprehensive Plan Policy 701.1.2)
22 Monroe County shall maintain land development regulations which provide a Concurrency Management
23 System (See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall
24 ensure that no certificate of occupancy or its functional equivalent will be issued for new development
25 unless adequate potable water supply, treatment, and distribution facilities needed to support the
26 development at the adopted level of service standards are available. [F.S. § 163.3177(3)(a)3.,(6)(c); F.S.
27 § 163.3180(1)(b), (2), (3)(a)3., (6)(c)]
28
29 The proposed overlay would not increase residential density nor commercial intensity and therefore is
30 not anticipated to adversely impact the LOS for potable water.
31
32 Solid Waste (Comprehensive Plan Policy 801.1.1)
33 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
34 September 30,2024;thereby,providing the County with approximately three(3)more years of guaranteed
35 capacity for solid waste. Currently, there is adequate capacity for solid waste generation. All commercial
36 solid waste is handled by private contract.
37
38 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
39 The Property currently has a connection to Key Largo Wastewater Treatment District public sewer
40 system as evidenced by Monroe County Building Permit #12305084. Per Policy 901.1.1, the adopted
41 capacity LOS for sanitary sewer in Monroe County is 167 gpd/EDU. The proposed LUD Overlay would
42 not increase the maximum density nor intensity on the Property, which would not increase the required
43 flow.
44
45 The proposed LUD Map Amendment is not anticipated to adversely impact the LOS for traffic, potable
46 water, solid waste and sanitary sewer.
47
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I IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
2 THE TAVERNIER KEY LIVABLE COMMUNIKEYS PLAN AND THE MONROE COUNTY
3 LAND DEVELOPMENT CODE
4
5 A. The proposed amendment is not be consistent with the Goals, Objectives and Policies of the
6 Monroe County 2030 Comprehensive Plan. Specifically, it is inconsistent with:
7
8 Policy 101.5.6
9 The principal purpose of the Mixed Use/Commercial(MC) future land use category is to provide for
10 the establishment of mixed use commercial land use (zoning) districts where various types of
11 commercial retail and office may be permitted at intensities which are consistent with the
12 community character and the natural environment. Employee housing and commercial apartments
13 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
14 conserve areas of mixed uses, which may include maritime industry, light industrial uses,
15 commercial fishing, transient and permanent residential, institutional,public, and commercial retail
16 uses.
17
18 This future land use category is also intended to allow for the establishment of mixed use
19 development patterns, where appropriate. Various types of residential and nonresidential uses may
20 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
21 The County shall continue to take a proactive role in encouraging the preservation and enhancement
22 of community character and recreational and commercial working waterfronts.
23
24 *****
25 Policy 101.19.1
26 Monroe County shall develop, maintain, and update periodically, as appropriate, with public input,
27 the Livable CommuniKeys Community Master Plans. Community Master Plans will be maintained
28 in accordance with the following principles:
29
30 1.Each Community Master Plan will contain a framework for future development and
31 redevelopment including the designation of growth boundaries and future acquisition areas for
32 public spaces and environmental conservation;
33
34 2.Each Community Master Plan will include an Implementation Strategy composed of action items,
35 an implementation schedule, and a monitoring mechanism to provide accountability to
36 communities;
37
38 3.Each Community Master Plan will be consistent with existing Federal and State requirements and
39 overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met. While
40 consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030 Plan will be
41 updated and amended where appropriate;
42
43 4.Each Community Master Plan will be closely coordinated with other community plans and other
44 jurisdictions to ensure development or redevelopment activities will not adversely impact those
45 areas;
46
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1 5.Each Community Master Plan will include appropriate mechanisms allowing citizens continued
2 oversight and involvement in the implementation of their plans. Through the Community Master
3 Plans, programs for ongoing public involvement, outreach, and education will be developed;
4
5 6.Each Community Master Plan will include a Capital Improvements program to provide certainty
6 that the provision of public facilities will be concurrent with future development;
7 7.Each Community Master Plan will contain an environmental protection element to maintain
8 existing high levels of environmental protection as required in the 2030 Comprehensive Plan;
9
10 8.Each Community Master Plan will include a community character element that will address the
11 protection and enhancement of existing residential areas and the preservation of community
12 character through site and building guidelines. Design guidelines for public spaces, landscaping,
13 streetscaping, buildings, parking lots, and other areas will be developed through collaborative
14 efforts of citizens, the Planning Department, and design professionals reinforcing the character of
15 the local community context;
16
17 9.Each Community Master Plan will include an economic development element addressing current
18 and potential diversified economic development strategies including tourism management. The
19 preservation and retention of valued local businesses, existing economies, and the development of
20 economic alternatives will be encouraged through the process;
21
22 10.Each Community Master Plan will contain a Transportation Element addressing transportation
23 needs and possibilities including circulation, safe and convenient access to goods and services, and
24 transportation alternatives that will be consistent with the overall integrity of the transportation
25 system not resulting in negative consequences for other communities; and
26
27 11.Each Community Master Plan will be based on knowledge of existing conditions in each
28 community. The Planning Department will compile existing reports, databases, maps, field data,
29 and information from other sources supplemented by community input to document current
30 conditions; and
31
32 12.Each Community Master Plan will simplify the planning process providing clarity and certainty
33 for citizens, developers, and local officials by providing a transparent framework for a continuing
34 open dialogue with different participants involved in planning issues.
35
36 Policy 101.19.2
37 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
38 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
39 Plans have been completed in accordance with the principles outlined in this section and adopted by
40 the Board of County Commissioners:
41 *****
42 2.The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February
43 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated
44 by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent
45 to the term Objective in the Comprehensive Plan and the term Action Item is equivalent to the term
46 Policy; the meanings and requirements for implementation are synonymous. Adopted by Ordinance
47 002-2005.
48 *****
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I Policy 105.1.2
2 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys
3 Plans and its land development regulations which ensure that future uses and development are
4 compatible with scenic preservation and maintenance of the character of the casual island village
5 atmosphere of the Florida Keys.
6 Policy 105.1.3
7 Monroe County shall, through its development standards and Land Development Code, continue to
8 foster the retention and redevelopment of small businesses on the U.S.1.
9
10
11 B. The proposed amendment may not be consistent with the Goals, Strategies and Action Items,
12 of the Tavernier Livable CommuniKeys Plan. Specifically,it is not consistent with:
13
14 Community Vision
15 We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as: An island community
16 committed to preserving its heritage, natural setting and stands of native tropical hardwood hammocks,
17 with improvements to the visual character of the U.S. 1 corridor, limited redevelopment of commercial
18 properties, and neighborhoods where residents have access to the water and recreational facilities.
19
20 Action Item 3.1. 3: Prohibit the designation of new commercial land use districts beyond that contained
21 in this Master Plan in order to protect the existing viability of the US 1 Corridor Area and Community
22 Center and to prevent the further sprawl or strip commercial zoning.
23
24
25 C. The amendment is not consistent with the Principles for Guiding Development for the Florida
26 Keys Area, Section 380.0552(7), Florida Statutes.
27
28 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
29 for guiding development and any amendments to the principles,the principles shall be construed as a whole and
30 no specific provision shall be construed or applied in isolation from the other provisions.
31
32 (a) Strengthening local government capabilities for managing land use and development so that local
33 government is able to achieve these objectives without continuing the area of critical state concern
34 designation.
35 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
36 wetlands, fish and wildlife, and their habitat.
37 (c) Protecting upland resources, tropical biological communities, freshwater wetlands,native tropical vegetation
38 (for example, hardwood hammocks and pinelands), dune ridges and beaches,wildlife, and their habitat.
39 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
40 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
41 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,and ensuring
42 that development is compatible with the unique historic character of the Florida Keys.
43 (g) Protecting the historical heritage of the Florida Keys.
44 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
45 investments,including:
46
47 1. The Florida Keys Aqueduct and water supply facilities;
48 2. Sewage collection, treatment, and disposal facilities;
49 3. Solid waste treatment, collection, and disposal facilities;
50 4. Key West Naval Air Station and other military facilities;
51 5. Transportation facilities;
BOCC SR 06.21.2023 Page 11 of 19
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4064
1 6. Federal parks,wildlife refuges, and marine sanctuaries;
2 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
3 8. City electric service and the Florida Keys Electric Co-op; and
4 9. Other utilities, as appropriate.
5
6 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
7 replacement of stormwater management facilities; central sewage collection;treatment and disposal facilities;
8 and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
9 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
10 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
11 applicable, and by directing growth to areas served by central wastewater treatment facilities through permit
12 allocation systems.
13 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
14 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
15 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
16 manmade disaster and for a post disaster reconstruction plan.
17 (n) Protecting the public health,safety,and welfare of the citizens of the Florida Keys and maintaining the Florida
18 Keys as a unique Florida resource.
19
20 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is inconsistent with the
21 Principles for Guiding Development as a whole.
22
23
24 D. The proposed amendment is not consistent with the Part II of Chapter 163, Florida Statute
25 (F.S.). Specifically, the amendment is inconsistent with:
26
27 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status
28 set out in this act and that no public or private development shall be permitted except in conformity
29 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with
30 this act.
31
32 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
33 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
34 development of the area that reflects community commitments to implement the plan and its elements.
35 These principles and strategies shall guide future decisions in a consistent manner and shall contain
36 programs and activities to ensure comprehensive plans are implemented. The sections of the
37 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
38 and policies, shall describe how the local government's programs, activities, and land development
39 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
40 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations
41 in the comprehensive plan but rather to require identification of those programs, activities, and land
42 development regulations that will be part of the strategy for implementing the comprehensive plan
43 and the principles that describe how the programs, activities, and land development regulations will
44 be carried out. The plan shall establish meaningful and predictable standards for the use and
45 development of land and provide meaningful guidelines for the content of more detailed land
46 development and use regulations.
47
48 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in
49 conformity with this act, all development undertaken by, and all actions taken in regard to
50 development orders by, governmental agencies in regard to land covered by such plan or element
51 shall be consistent with such plan or element as adopted.
52
BOCC SR 06.21.2023 Page 12 of 19
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4065
1 (b) All land development regulations enacted or amended shall be consistent with the adopted
2 comprehensive plan, or element or portion thereof, and any land development regulations existing at
3 the time of adoption which are not consistent with the adopted comprehensive plan, or element or
4 portion thereof, shall be amended so as to be consistent. If a local government allows an existing land
5 development regulation which is inconsistent with the most recently adopted comprehensive plan,or
6 element or portion thereof, to remain in effect, the local government shall adopt a schedule for
7 bringing the land development regulation into conformity with the provisions of the most recently
8 adopted comprehensive plan, or element or portion thereof. During the interim period when the
9 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the
10 land development regulations are inconsistent, the provisions of the most recently adopted
11 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an
12 application for a development order.
13
14 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
15 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be
16 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
17 development of lands and waters within an area. It is the intent of this act that the adoption and
18 enforcement by a governing body of regulations for the development of land or the adoption and
19 enforcement by a governing body of a land development code for an area shall be based on,be related
20 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
21
22 163.3202,F.S. —Land development regulations.-
23 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review
24 pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land
25 development regulations that are consistent with and implement their adopted comprehensive plan.
26 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land
27 development regulations.
28
29
30 E. Pursuant to LDC Section 102-158(d)(7)(b), the BOCC may consider the adoption of an
31 ordinance enacting the proposed map and text amendments to this Land Development Code based
32 on one or more of the following factors:
33
34 1. Changed projections (e.g., regarding public service needs) from those on which the text or
35 boundary was based;
36
37 Per the Applicant: No response provided.
38
39 2. Changed assumptions (e.g., regarding demographic trends);
40
41 Per the Applicant: No response provided.
42
43 3. Data errors, including errors in mapping, vegetative types and natural features described in
44 volume 1 of the plan;
45
46 Per the Applicant: No response provided.
47
48 4. New issues;
49
50 Per the Applicant: No response provided.
51
BOCC SR 06.21.2023 Page 13 of 19
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4066
1 5. Recognition of a need for additional detail or comprehensiveness; or
2
3 Per the Applicant: "The proposed Overlay is based on a need for additional detail or
4 comprehensiveness. The current Code has provisions that encourage overlay districts to be created
5 to benefit and promote the character of the community in its development. Permitting the Overlay
6 furthers the objectives of the Code as it encourages the orderly development and construction of
7 commercial structures or buildings that fit with the architectural design and community character
8 of the Tavernier community. The Overlay encourages sound, attractive, and practical procedures
9 for the Tavernier community, and such provisions will result in flexible planning that benefits the
10 community the Overlay will serve.
11
12 Staff does not support the claim that the establishment of the Tavernier Key Commercial Overlay
13 would address a need for additional detail or comprehensiveness. Alternatively, it appears that the
14 proposed amendments would be creating inconsistencies between the proposed overlay and the
15 adopted Land Development Code and Comprehensive Plan.
16
17 To address the concerns of inconsistency, the Applicant must address the following two (2) main
18 issues: 1) consistency with the Tavernier LCP and Mile Marker 97 U.S. Highway 1 Corridor
19 Development Standards and Guidelines ("US 1 Guidelines") and 2) consistency with community
20 character.
21
22 The Applicants assert that the Overlay "furthers the objectives of the Code as it `encourages the
23 orderly development and construction of commercial structures or buildings that fit with the
24 architectural design and community character of the Tavernier community". However, the
25 proposed language does not support this assertion nor have the Applicants submitted data and
26 analysis demonstrating consistency with community character.
27
28 The Property is within Suburban Commercial (SC) land use district and the Tavernier Creek to
29 Mile Marker 97 U.S. Highway 1 Corridor District Overlay(TC), established by LDC Section 130-
30 128. All proposed development within the existing overlay must comply with the Tavernier Creek
31 to Mile Marker 97 U.S. Highway Corridor Development Standards and Guidelines, which are
32 adopted as part of Chapter 130 of the Land Development Code . The Property is also subject to the
33 policies and guidelines provided in the Tavernier Livable CommuniKeys Plan, which is adopted
34 as part of the County's Comprehensive Plan.
35
36 The Tavernier Creek to Mile Marker 97 U.S. Highway Corridor Development Standards and
37 Guidelines include specific building types, with the intent of guiding the development of new
38 construction so that it continues to define the character of Tavernier and so that the massing, scale,
39 and materials of new structures are compatible with this existing character. The guidelines provide
40 for the construction of large commercial buildings through the aggregation of smaller buildings,
41 as depicted in the excerpts from the guidines pictured below:
42
BOCC SR 06.21.2023 Page 14 of 19
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4067
5. Building Types
The in(en( is (o �4uide the developnien( of' new consh-IlCti011 SO (Ild( hUildings continue to
define di char-acter Im Tavernier and thil the ni�.isslng, scale and materials of' new
struCtUIVS ,11'0 collip'Ifible with this ch'Inic(er. These iuv the i-econiniended types for new
construction in the con-idoi-. The listed building types 11-0 1101 the LilliVOI-SC 01' hillidings
that can f)o developed in the coi-ridot--, they are t'noroly dipplied exaniples of (lie guidelines
and standards in this doctunent. Figure 27 does 1101 tCCUl'M0ly I'CflC.Ct dIll C01,111ty
I-eglikitions,alld is illustrative of huilding concept only.
Large Conunercial Bid1ding
The intent is to clvite ,i building
1,)r(.)(()Iyl)C 11hit Would l'i( ill the
Genei-,ll 1-Ji-Nin zonc,, deep lots oi- ill
the SLIbUrkin zone. �v
ThIs, building type is chat-actenzed hy
144 q,�
I M,
[lie ag gl-egiltion of' sillifflel. buildings;
,NX1101-10 POSSR)IC, these SI I Oil I d he 11
Z W,
al'rarlge alas to cl-e�ltc positive A 11"M 11'r
()poll sp,,,ice (Figtli-c 27).accessi
The budding alay he char with sidilig 4 n
Ot- finished With SlUCCo. The priniai-y
tlt�adc Is filled Willi ul-cldcs ikild
ballconics-, NVIndom"s d11-c covet-ed NVIth Figure 27 Large Commercial Building Type
opei-zible 13ihain,,i shut(ers, and roofs -lie st'lliding scalp 1110(al.
2
Multifamily Residential
The ai-chilectut-e of' the building should consist of' tile 111.1terials 1-ccolll file 11 Cie d in these
guidelines and It should be conipifible with al-chitectural ind ul-han charactel- of*
Tavernier. Access to individiiil tiflik S110111d he obvious li-oni the street, level (Figul-c 28).
TO, [TTI!
* A"
I ir
0 I",
ilk' 1 , 51 V
D
Mr M,
ks�
Figure 28 Multi Family Building
3
4
5 To further guide new development within the TC Overlay, these guidelines utilized transect
6 zoning. The transects do not eliminate the standards set by the County's Code or zoning laws, but
7 are intended to help organize the regulations according to the transect with which the property
8 belongs. As described on Page 5 of this report, the Property is within the Suburban Zone of the TC
9 overlay.
10
BOCC SR 06.21.2023 Page 15 of 19
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4068
I For reference, under the existing SC Zoning District, the development of 58,500 nonresidential
2 square feet and 86 affordable residential dwelling units is permissible. However, no one (1)
3 nonresidential structure may exceed 10,000 square feet.
4
5 The proposed text amendment would allow both:
6 1) a structure greater than 10,000 square feet within the SC Zoning District; and
7 2) allows for the allocation or transfer of the entire 58,500 square feet of nonresidential
8 development(NROGO floor area)at one time. Therefore,no phasing of the resulting project would
9 be required.
10
11 The establishment of the proposed overlay would allow for a single nonresidential structure of up
12 to 58,500 square feet on the Property; this is not consistent with the adopted Guidelines, which
13 encourage the aggregation of smaller buildings when considering large scale commercial
14 development. The proposed amendment would allow for the size of a nonresidential structure that
15 is inconsistent with the established community character that is indicated by the smaller scale
16 development within the Suburban zone. This is inconsistent with existing community character.
17
18
19 6. Data updates;
20
21 Per the Applicant: No response provided.
22
23 7. Consistency with the Comprehensive Plan and the principles for guiding development as
24 defined in Section 380.0552, Florida Statutes.
25
26 Per the Applicant: No response provided.
27
28 Staff has not found the proposed map amendment consistent with the Comprehensive Plan and the
29 principles for guiding development as defined in F.S. Section 380.0552 as noted in section V of
30 this Report.
31
32 The proposed amendment is not consistent with Comprehensive Plan Policy 101.5.6:
33
34 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to
35 provide for the establishment of mixed use commercial land use (zoning) districts where
36 various types of commercial retail and office may be permitted at intensities which are
37 consistent with the community character and the natural environment. Employee housing
38 and commercial apartments are also permitted. In addition,Mixed Use/Commercial land use
39 districts are to establish and conserve areas of mixed uses, which may include maritime
40 industry, light industrial uses, commercial fishing, transient and permanent residential,
41 institutional,public, and commercial retail uses.
42
43 This future land use category is also intended to allow for the establishment of mixed use
44 development patterns,where appropriate.Various types of residential and nonresidential uses
45 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be
46 prohibited. The County shall continue to take a proactive role in encouraging the preservation
47 and enhancement of community character and recreational and commercial working
48 waterfronts.
49
BOCC SR 06.21.2023 Page 16 of 19
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4069
I In order to protect environmentally sensitive lands,the following development controls shall
2 apply to all hammocks, pinelands, and disturbed wetlands within this land use category:
3
4 Lonly low intensity commercial uses shall be allowed;
5 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
6 3.maximum net residential density shall be zero.
7
8
9 Additionally, as previously discussed, this property is subject to the Tavernier Creek to Mile
10 Marker 97 Livable CommuniKeys Master Plan. In accordance with Comprehensive Plan Policy
11 101.19.2, the Community Master Plans shall be incorporated into the 2030 Comprehensive Plan
12 as a part of the plan and be implemented as part of the Comprehensive Plan.
13
14 The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February
15 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 through
16 Ordinance 002-2005 is incorporated by reference into the Comprehensive Plan. The term
17 Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and
18 the term Action Item is equivalent to the term Policy; the meanings and requirements for
19 implementation are synonymous.
20
21 In reviewing the Tavernier CommuniKeys Plan, it is evident that the vision was to preserve the
22 heritage and natural setting of the existing community, with limited redevelopment of commercial
23 properties. The CommuniKeys Plan even includes an Action Item [below] that prohibits the
24 designation of new commercial land use districts beyond those that are already contained within the
25 Master Plan in order to prevent further sprawl or strip commercial zoning.
26 Action Item 3.1.3 of the Tavernier Livable CommuniKeys Plan: Prohibit the designation of new
27 commercial land use districts beyond that contained in this Master Plan in order to protect the
28 existing viability of the US 1 Corridor Area and Community Center and to prevent the further
29 sprawl or strip commercial zoning.
30
31 (d.) In no event shall an amendment be approved which will result in an adverse community
32 change to the planning area in which the proposed development is located or to any area in
33 accordance with a livable communikeys master plan pursuant to findings of the board of county
34 commissioners [Ref. Code Section 102-158(d)(7)d.].
35
36 Per the Applicant: "There will be no adverse change to unincorporated Monroe County if the Overlay
37 is approved. As discussed herein, there are no increased concurrency, environmental, or practical
38 impacts associated with the increased NROGO permitted within the Overlay. All such development
39 will be required to at a minimum comply with level of service, concurrency, and performance
40 standards as set forth in the Code. "
41
42 Staff anticipates the proposed amendment will result in an adverse community change to Tavernier
43 and the immediate area.
44
45 The theme throughout the LCP is one of protection for the natural environment, preservation of the
46 historic elements of Tavernier and guided development and growth in a manner that is compatible with
47 community goals. The LCP provides a number of goals, objectives and action items to enact policies
48 consistent with the theme and intent of the LCP. In reviewing the Tavernier LCP and the Community
BOCC SR 06.21.2023 Page 17 of 19
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4070
I Vision statement therein, it appears the proposed amendment may not be consistent with the
2 Community Vision:
3
4 Community Vision
5 We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as:
6
7 An island community committed to preserving its heritage,natural setting and
8 stands of native tropical hardwood hammocks, with improvements to the
9 visual character of the U.S. 1 corridor, limited redevelopment of commercial
10 properties, and neighborhoods where residents have access to the water and
11 recreational facilities.
12
13 The text amendment as drafted proposes to relax the development restrictions within the overlay that
14 is proposed to be applied to the Property without providing adequate data to support such a change.
15 Furthermore, nothing within the proposed text amendment would limit the redevelopment of this
16 Property or requires improvements to the visual character of the U.S. 1 corridor by requiring and/or
17 supporting, the existing design standards within the Mile Marker 97 U.S. Highway 1 Corridor
18 Development.
19
20 For example, within the Suburban Zone, the intent of the building configuration standards is to break
21 down the apparent mass of buildings wider [or deeper] than 50 feet by creating fagade insets at
22 intervals appropriate to the mass of the building. The maximum continuous fagade of any building
23 fronting US1 cannot be greater than 50 feet. A building wider than 50 feet will be architecturally
24 defined as a series of smaller units, with insets between primary fagades. The inset fagade shall not be
25 setback less than 6 feet.
26
27 The overlay and text as proposed, do not include provisions that support construction consistent with
28 the architectural theme of Tavernier.
29
30 The primary change that would result from adoption of the proposed overlay would be the ability to
31 construct a nonresidential structure that is over 10,000 square feet [on properties within the overlay].
32 As noted in Section III of this Report, to aid in the review for consistency of the proposed overlay with
33 the existing Tavernier community character Staff reviewed the size of existing building of surrounding
34 properties within both the Suburban and Urban transect zones.
35
36 The proposed overlay which would allow for a single nonresidential structure of up to 58,500 square
37 feet is much larger than existing structures within the transect area noted as Suburban and would be
38 inconsistent with the established community character. The existing LDC, when coupled with the TC
39 Overlay Guidelines and Tavernier LCP, intentionally limits the maximum size of each structure.
40 Additionally, the proposal is inconsistent with Comp Plan Policy 101.5.6 which states that various
41 types of commercial retail and office may be permitted at intensities which are consistent with the
42 community character.
43
44
45 IV. PROCESS
46
47 Land Development Code Amendments may be proposed by the Board of County Commissioners, the
48 Planning Commission,the Director of Planning,private application, or the owner or other person having
BOCC SR 06.21.2023 Page 18 of 19
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4071
1 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
2 shall review and process applications as they are received and pass them onto the Development Review
3 Committee and the Planning Commission.
4
5 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
6 the application, the reports and recommendations of the Department of Planning & Environmental
7 Resources and the Development Review Committee and the testimony given at the public hearing. The
8 Planning Commission shall submit its recommendations and findings to the Board of County
9 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
10 amendment, and considers the staff report, staff recommendation, Planning Commission
11 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
12 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
13
14 V. STAFF RECOMMENDATION
15
16 Staff recommends DENIAL of the proposed Land Use District Map Amendment applying the proposed
17 overlay district to the subject property.
18
19
20 VIII. EXHIBITS
21
22 1. Proposed Text from companion text amendment application to create the proposed overlay district
23 (File 2022-053)
24 2. DRC Resolution No. DRC 14-22
25
BOCC SR 06.21.2023 Page 19 of 19
File 2022-054
4072
ern
2
3 MCDI ROE COUNTY, FLORIDA
D
4 DEVELOPMENT REVIEW COMMITTEE
5 RESOLUTION NO. DRC I.4-22
6
7 A RESOLUTION BY THE 1`VICINROE COUNTY DEVELOPMENT
8 REVIEW COMMITTEE RECOMMENDING DENIAL OF AN
9 ORDINANCE BY THE MCINROE COUNTY'T BOARD OF COUNTY
10 COMMISSIONERS ISSICINERS AMENDING THE MCINI OE C;OU TV LAND USE
11 DISTRICT (ZONING) MAP TO APPLY THE Tr4.'i ER IER
12 KEYC:C1MM I CAI L. OVERLAY (TI C ODISTRICT, TO PROPERTIES
13 LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO,
14 APPROXIMATELY MILE MARKER 92.5, HAVING PARCEL
EL,
15 IDENTIFICATION IC", TION NUMBERS BE S 00089490-000000 AND 00490250-000000; AS
16 PROPOSED Y C'Ia.1V EX CONSTRUCTION M TFIUALS FLORIDA, LLC
17 F/I. /A SINGLETARY CONCRETE PRODUCTS INC.; PROVIDING FOR
18 SI VER II:.,IT '; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS;NS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
20 PLANNING AG'ENC V AND THE SECRETARY OF STATE; PROVIDING
21 FOR .IVIE 1I?ME T" TO THE I.., ND USE DISTRICT (ZONING) P;
22 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-054)
23
24
25 WHEREAS, can March 23, 2022, the Planning and Environmental Resources Department
26 (the "Department") received an application from Snrith/tlawks, PI., (the "Agent") on behalf of`
27 Singeletary Concrete Products, Inc. and C'ernex Construction Materials Florida, LLC; (the
28 "Property Owners" and "Applicants") and The Vestcor Companies, Inc. and Blackstone Croup _-
29 Tavernier 925, F LC (the "Developers") to amend the t.,and Use District(Zoning) Map to apply the
30 Tavernier Key Commercial Overlay District (the "Overlay") to properties located at 92501
31 Overseas Highway, Key t,argo with parcel identification numbers 00490250-000000 and
32 00089490-000000 (the "Property"); and
33
34 WHERECAS, the Applicants" have also requested a corresponding text amendments to the
35 Monroe County Land Development Code to establish the Tavernier they Commercial. Overlay
36 District (the "Overlay"to allow for a nonresidential tiOGO allocation of up to 70,000 square feet,
37 which could allow for the development of 64,080 SF commercial supermarket, including a liquor
38 store and 86 affordable housing; dwelling units; and.
39
40 WHE REAS, the Property is within the 'Tavernier Creek to Mile Marker 97 IJ.S, Highway
41 1 Corridor District. Overlay (TC), and
42
Resolution No. DRC 1.4-22
File 2020-054 Page l of 2 4073
I WHEREAS, on August 18, 2022, the Applicant held a community meeting, as required
2 by Monroe County Land Developirient Code ("LDC" or "Code") Sections 102-158(a) and 102-
3 159(b), to discuss the proposed Land Use District ("LUD") Map amendment and the
4 corresponding proposed Land Development Regulation text amendment (File 2022-053), and
5 provide for public participation; and
6 WHEREAS, the Monroe County Development Review Committee (DRC) considered the
7 proposed amendments at a regularly scheduled meeting held on October 25, 2022; and
8
9 WHEREAS, the professional staff memorandum for the DRC meeting dated October 14,
to 2022, completed by Cheryl Cioffari, AICP, Assistant Director of Planning, and Devin Tolpin,
11 AICP, CFM, Principal Planner, requests updated data and analysis be provided to Support the
12 requested increase for affordable housing on the property; and
13
14 WHEREAS, based upon the information and documentation submitted, the Development
15 Review Committee Chair found:
16 1. The proposed LUD amendment is not anticipated to adversely impact the community
17 character of the surrounding area-,
18 2, Th.e proposed LUD amendment is not anticipated to adversely impact the
19 Comprehensive Plan adopted Level of Service (LOS);
20 3. The proposed L.UD amendment is consistent with the Goals, Objectives and Policies
21 of the Monroe County Year 2030 Comprehensive Plan;
22 4. The proposed LUD amendment is consistent with the Principles for Guiding
23 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
24 and
25 5. Jhe proposed LUD arnendineiit is consistent with Part 11 of Chapter 163, Florida
26 Statutes (F.S.).
27
28 NOWTHEREFORE, BE ITRESOLVED BY THE DEVELOPMENT REVIEW
29 COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff
30 report and discussed at the October 25, 2022 meeting supports the Chair's decision to recommend
31 DENIAL, of the proposed amendment, to the Planning Commission and Board of County
32 Commissioners.
33
34 Date w. . ......
35 Emily-'Schemper, AICP, CF M
36 Senior Director of Planning & Envirom-nental. Resources
37
38
39 1 T-IEREBY CERTu"y that on this day before me, an officer duly authorized in the State aforesaid
40 and in the County aforesaid, to take acknowledgments, personally appeared Emily Scheiriper, to
41 me known to be the person described in and who executed the foregoing instrument and she
42 acknowledged before me the she executed the same.
43 i_j 4h
44 WITNESS my hand and official seat in the County and State last aforesaid this day of
45 N,
2022.
46
ALISC)N J.SMITH
47 NotarIJ P,bft�state of F�ohda
�0
-STATE OF F'LORIDA
48 co�mission#HH 1555,
my comm,Expires Jui 19,2025 NO TX,k� n,F-11C,
Resolution No, D nded through�4awal Notary Assn,
File 2020-054 Page 2 of 2 4074
s,
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING THE MONROE COUNTY LAND USE
12 DISTRICT ("ZONING") MAP TO APPLY THE TAVERNIER COMMERCIAL
13 OVERLAY (TCO) DISTRICT, TO PROPERTIES LOCATED AT 92501
14 OVERSEAS HIGHWAY, KEY LARGO, LOCATED AT MILE MARKER 92.5,
15 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 00089490-
16 000000 AND 00490250-000000; AS PROPOSED BY CEMEX CONSTRUCTION
17 MATERIALS FLORIDA, LLC F/K/A SINGLETARY CONCRETE PRODUCTS
18 INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
19 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
20 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
21 PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING)
22 MAP; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO. 2022-054)
23
24 WHEREAS, on March 23, 2022, the Monroe County Planning and Environmental Resources
25 Department ("Department") received an application from Smith/Hawks, PL (the "Agent") on behalf of
26 Singletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC (the "Property
27 Owners" or "Applicants") and The Vestcor Companies, Inc. and Blackstone Group — Tavernier 925,
28 LLC (the "Developers") to amend the Land Use District ("Zoning") Map to apply the Tavernier
29 Commercial Overlay District (the "Overlay") to properties located at 92501 Overseas Highway, Key
30 Largo, Monroe County, Florida, located at mile marker 92.5, currently having property identification
31 numbers 00490250-000000 and 00089490-000000 (the "Property"); and
32
33 WHEREAS,the Applicants have also requested a corresponding text amendment to the Monroe
34 County Land Development Code to establish the Tavernier Commercial Overlay District(the"Overlay")
35 to allow for a nonresidential ROGO allocation of up to 70,000 square feet, which could allow for the
36 development of a 64,080 square foot ("SF") commercial supermarket, including a liquor store and
37 eighty-six (86) affordable housing dwelling units; and
38
39 WHEREAS, the Property is within the Tavernier Creek to Mile Marker 97 U.S. Highway 1
40 Corridor District Overlay (TC); and
41
42 WHEREAS, on August 18, 2022 and January 5, 2023, the Applicant held community meetings,
43 as required by Monroe County Land Development Code ("LDC" or "Code") Sections 102-158(a) and
44 102-159(b),to discuss the proposed Land Use District("LUD") Map amendment and the corresponding
45 proposed Land Development Regulation text amendment (File 2022-053), and provide for public
46 participation; and
47 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the
48 proposed text amendment at a regularly scheduled meeting held on the 25th day of October, 2022; and
4075
1 WHEREAS, on November 14, 2022, the Chair of the DRC signed and issued DRC Resolution
2 No. 14-22, which recommends DENIAL of this proposed amendment to the Land Development Code
3 establishing Section 130-143 to the Planning Commission and Board of County Commissioners;
4 WHEREAS, the Monroe County Planning and Environmental Resources Department's
5 professional staff memorandum for the Monroe County Planning Commission's duly noticed special
6 public hearing held in Key Largo on April 13, 2023, prepared and presented by Assistant Director of
7 Planning Cheryl Cioffari, A.I.C.P., Assistant Director of Planning, and Principal Planner Devin Tolpin,
8 A.I.C.P., C.F.M., recommends DENIAL of this proposed amendment to the Land Development Code
9 establishing Section 130-143.
10 WHEREAS,the Monroe County Planning Commission("Planning Commission")held a special
11 public hearing in Key Largo on the 281h day of April, 2023, for review and recommendation on the
12 proposed amendment to the Land Use District map; and
13 WHEREAS, on April 28, 2023, the Planning Commission adopted Planning Commission
14 Resolution No.P 17-23,recommending DENIAL of the proposed amendment to the Land Development
15 Code establishing Section 130-143 to the Board of County Commissioners. A resolution specific to the
16 Map Amendment (to apply the overlay to the Property) was rejected due to the Planning Commission's
17 decision relating to denial of this request to approve the establishment of the overlay; and
18 WHEREAS, at a regularly scheduled meeting held on June 21, 2023,the Monroe County Board
19 of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed public
20 hearing, considered the Monroe County Planning and Environmental Resources Departmen"s
21 professional staff report and the Department's professional staff presentation and recommendation
22 accompanying this proposed amendment to the Land Use District map, and provided for public comment
23 and public participation in accordance with the requirements of state and local law and the procedures
24 adopted for public participation in the planning process; and
25 WHEREAS,based upon the documentation submitted and information provided, including but
26 not limited to the documentation and information furnished in the Department's professional staff report,
27 the BOCC hereby makes the following findings of fact:
28
29 1. The proposed LUD amendment is not anticipated to adversely impact the community
30 character of the surrounding area;
31 a. As required by Monroe County Land Development Code Section 102-158, the map
32 amendment does not relieve particular hardships, nor confer special privileges or rights
33 on any person, nor permit an adverse change in community character, as analyzed in the
34 Monroe County Year 2030 Comprehensive Plan;
35 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to recognition
36 of a need for additional detail or comprehensiveness; and
37 2. The proposed LUD amendment is consistent with the Goals, Objectives and Policies of the
38 Monroe County Year 2030 Comprehensive Plan;
39 3. The proposed LUD amendment is consistent with the Principles for Guiding Development
40 for the Florida Keys Area, Section 380.0552(7), Florida Statute; and
41 4. The proposed LUD amendment is consistent with Part II of Chapter 163, Florida Statutes.
42
4076
1 WHEREAS, based upon the documentation submitted and information provided in the
2 accompanying staff report, the BOCC makes the following Findings of Fact:
3
4 1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
5 a. As required by MCC §102-158, the map amendment does not relieve particular
6 hardships, nor confer special privileges or rights on any person,nor permit an adverse
7 change in community character, as analyzed in the Monroe County Year 2030
8 Comprehensive Plan;
9 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
10 recognition of a need for additional detail or comprehensiveness; and
11 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
12 County Year 2030 Comprehensive Plan:
13 a. The Tavernier Commercial Overlay (TCO) District is consistent with the Suburban
14 Commercial (SC) Land Use(Zoning) District and with the Mixed Use/Commercial
15 (MC) Future Land Use Map designation and is consistent with the respective density
16 and intensity standards as set forth in Policy 101.5.25;
17 b. The Tavernier Commercial Overlay(TCO) District is consistent with the purpose of
18 the MC Future Land Use Map designation, as set forth in Policy 101.5.6;
19 3. The proposed map amendment is consistent with the Principles for Guiding Development in
20 the Florida Keys Area of Critical State Concern;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions of
26 law, and statements of legislative purpose and intent are true and correct and are hereby
27 incorporated as if fully stated herein.
28
29 Section 2. The Monroe County Land Use District(Zoning) map is hereby amended as follows:
30
31 The property located at 92501 Overseas Highway, Key Largo, Monroe County, Florida,
32 located at mile marker 92.5, currently having property identification numbers 00490250-
33 000000 and 00089490-000000 shall be designated as Tavernier Commercial Overlay
34 (TCO) District as shown on Exhibit 1, attached hereto and incorporated herein.
35
36 Section 3. Interpretation. This Ordinance and its interpretation shall be liberally construed and
37 enforced in favor of the Board of County Commissioners of Monroe County and such
38 construction and interpretation shall be entitled to great weight in adversarial
39 administrative proceedings, at trial, bankruptcy, and on appeal. The construction and
40 interpretation of this Ordinance and all Monroe County Comprehensive Plan provision(s),
41 Florida Building Code, Florida Statutes, and Monroe County Code(s)provision(s)whose
42 interpretation arises out of, relates to, or is interpreted in connection with this Ordinance
43 shall be liberally construed and enforced in favor of the Board of County Commissioners
44 of Monroe County ("BOCC") to effectuate the public purpose(s) and objective(s) of the
45 Monroe County BOCC and shall be construed in favor of the Monroe County BOCC and
46 such construction and interpretation shall be entitled to great weight in adversarial
47 administrative proceedings, at trial,bankruptcy, and on appeal.
4077
1
2 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
3 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable
4 in or by any administrative hearing officer or court of competent jurisdiction, the
5 invalidity or unenforceability of such provision, or any portion thereof, shall neither limit
6 nor impair the operation, enforceability, or validity of any other provision of this
7 Ordinance, or any remaining portion(s) thereof. All other provisions of this Ordinance,
8 and remaining portion(s) thereof, shall continue unimpaired in full force and effect.
9
10 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
11 Agency pursuant to Chapter 163 and 380, Florida Statutes.
12
13 Section 6. filing. This ordinance shall be filed in the Office of the Secretary of State of Florida,
14 but shall not become effective until a notice is issued by the Florida State Land
15 Planning Agency or Administration Commission finding the amendment in compliance
16 with Chapter 163, Florida Statutes, and if challenged until such challenge is resolved.
17
18 Section 7. Inclusion on the Monroe County Code's Official Land Use District Map. The
19 provisions of this Ordinance shall be included and incorporated on to the Official Land
20 Use District Map of Monroe County.
21
22 Section 8. Effective Date. This ordinance shall become effective as provided by law and stated
23 above.
24
25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida.,
26 at a regular meeting held on the,day of 12023.
27
28 Mayor Craig Cates
29 Mayor Pro Tern Holly Merrill Raschein
30 Commissioner Michelle Lincoln
31 Commissioner James Scholl
322 Commissioner David Rice
11
35 BOARD OF COUNTY COMMISSIONERS
36 OF MONROE COUNTY, FLORIDA
37
38 By:
39 MAYOR CRAIG CATES
40
41 (SEAL)
42 ATTEST: KEVIN MADOK, CLERK
43
44 By:
45 AS DEPUTY CLERK
MONPOE COUNTY NTTd7MEY 4078
P, V TO FQR
Exhibit 1 to Ordinance# -2022
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The Monroe County Land Use District is amended
as indicated above.
Land Use District change of two(2)parcels of land in Key Largo having Parcel Identification Numbers
00490250-000000 and 00089490-000000,from Suburban Commercial (SC) N
to Suburban Commercial (SC)with Tavernier Commercial Overlay District
4079
The Proposed Amendment
See® 130,,,.143® T vernier Ke Commercial )ver�� IDstrmet
(aa) Commercial Overlav District is to
nn..Ph aag n rehen.sbve Phan and to
n;fl;c�ev I a d r scaa�d; d darma�ad acaaaq a°e�aa�� d eve�d�a and aa� am a„sd aaa n ,d d� Rya dp a;c tJ.r.rea° K ys
lh.a prrrm am serves Vitae rraeedds d➢ errrraaaanent rests ends dad Vitae T a s ys. T�ae
rdavaa e aaa cessntane nd d essn8nes $dY ... arrn a� anb ra s,nd�entis.....of the.....GJ er e s wlranfe red.�u;acaaa
trafc and tr1 r of
J'aaveraa i ero
.....................................................................
(b) 13Q;u,umdaa shall be shown as an Over aav
disdrrret on theOfficial L�arrad�...-�Jse District (7,,a gin�)aaaaa. . ➢he T ayernjaar e Cornmcaerciaa1�
.overlay District shall be shown as the tadaaanad�aaa� a�t`d:tne�a�acck with Monroe �:;OU.ntyr
t�aIc,eI It) fl u.m. b.ers 09.4-2 )2 000000 �a)Od 000 8 9.420 0.00.090.., 411 d.J C.ggj:j.: d csa°rtbcd� aas:
.LLN, L,R: ' LE GA I. t)L 5'C'RtPTI()�10.
(c) pplicabitit.y. In ordber f"darr°a �ardap�e�� d➢vvmea-to aattti7e the staam.d�aard eex.enn t.ion.s aand�
reductions conk;�rred :v within the Taeapa�; KeyCdn"Commercial. ...-
4.gt mdda� nt t..o t.11c C)�°�ci..ati JL qn. d� I.)se Dis.1 rrd 1 (Zgjjin. �aa a shaatt be re,tvired� aarad� such
0V!: t Zoniaa % ......: p:
(d) .(-')GO Section 3 .5 e "ll'
..- ..... , hvn C darnmad aa;a afl
Oyeltay District rtct stn tt taaave ttae 6lllldawnaa:...1°ROG O allocation standards::
aa. Maaximt.ina aattocaation of nonrestdentr<aat floor area. The aana.ount of nonresidential
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
floor area to be allocated to,the Favernierr �Kc:y..Cdamram erc,aa:l.:..Ovd,rt �as;fla�ac A a�.l:.
e I J m i t..e c6 tdr a m..axiMU..rn..q 5 ,.50 0. sguare feet.
„ Maximum floor area er stru,acturr°e. Nonresidential .r�arrcn . aa.0 structures within thie
.. .... ......
➢"averna,!r cy CLorrran-aaerckrI Overlay t)rr�tract shall I�d....f�engajtted� to receive an
allocation t ati...cm.ands 0he.....snrUcIlnae to rrn`ore tf�Qarrn t0.:.,0'���� s,c�a acre feel., taaad not, to
exceed � m xii-aurrn �„- ; , a:aare feet of:aadaaan csbd:6ena1al fldadan area.
(e) An ease wb���n�.�acw drverr�aay d ts�;rtcfl: s aaatt sae a,a nec,��:da aatt taand d evetor mie t regddaations of
the nand g.r.�. darraan d ista°uct with the exc�r�tion of'those rea�aalaatndaaas controlfin ,
NROG'O allocations.
............................................................................................................................................
(f) Th! dy! n district shall bNtanrrte to a;flaaxrrrura cf.5 ,500 sd .I � e ....�f nonresidenialu , ..... : ,g
d evel IC taOUS l Y- dwellan units,, and.
aac es.- shalt be sub ect to att land (levetcaprrm.ent rreryulations d f the a:ander� flrraa;
�da;nnan d astaact w���r �tac excel � day d d`til�a�sc reg ua�aadnd ns cd�ntrrollirru ° NROGO aallocaadonso
..........................................
00268897-vl
4080
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
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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
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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
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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