Ordinance 018-2023 2
5 .,
6 w
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. 018 -2023
11
12 AN ORDINANCE APPROVING AN AMENDMENT TO THE
13 MONROE COUNTY LAND USE DISTRICT MAP FROM
14 SUBURBAN COMMERCIAL ("SC") AND SUBURBAN
15 RESIDENTIAL ("SR") TO SUBURBAN COMMERCIAL ("SC"),
16 FOR PROPERTY LOCATED AT 101 MAGNOLIA STREET, KEY
17 LARGO, MONROE COUNTY, FLORIDA, APPROXIMATE MILE
18 MARKER 100, LEGALLY DESCRIBED AS SQUARE 20, OCEAN
19 ACRES, ACCORDING TO THE PLAT THEREOF, AS
20 RECORDED IN PLAT BOOK 1, PAGE 188, OF THE OFFICIAL
21 RECORDS OF MONROE COUNTY, FLORIDA, CURRENTLY
22 HAVING PROPERTY IDENTIFICATION NO. 00454520-000000,
23 AS PROPOSED BY MAGNOLIA 101, LLC; PROVIDING FOR
24 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
26 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
27 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
28 DISTRICT ("ZONING") MAP; PROVIDING FOR AN EFFECTIVE
29 DATE.
30
31
32 WHEREAS, on December 8, 2014, Magnolia 101, LLC ("Applicant"), submitted an
33 application requesting to amend the Monroe County Land Use District ("Zoning") Map from
34 Suburban Commercial ("SC") and Suburban Residential ("SR") to Suburban Commercial
35 ("SC"); and
36
37 WHEREAS, the subject property is located at 101 Magnolia Street, Key Largo,
38 approximate mile marker 100, and is legally described as Square 20, Ocean Acres, according to
39 the plat thereof, as recorded in Plat Book 1, Page 188, of the Official Records of Monroe County,
40 Florida, and currently bears property identification number 00454520-000000; and
41
42 WHEREAS, on April 12, 2017, the Monroe County Board of County Commissioners
43 ("BOCC") adopted BOCC Resolution No. 110-2017, confirming a 2013 administrative boundary
44 interpretation by Planning & Environmental Resources Department Senior Director Townsley
45 Schwab, which determined the Future Land Use Map ("FLUM") designation of the subject
46 property to be Mixed Use/Commercial ("MC"); and
47
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I WHEREAS,the current Zoning designation of SR on the southeast portion of the subject
2 property is inconsistent with the subject property's current designation of MC on the FLUM of
3 the Monroe County Year 2030 Comprehensive Plan; and
4
5 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
6 regulations to be consistent with and implement the Comprehensive Plan; and
7
8 WHEREAS, the proposed Zoning amendment is necessary to be consistent with the
9 existing FLUM designation of MC; and
10
11 WHEREAS, the Monroe County Development Review Committee considered the
12 proposed amendment at a regularly scheduled meeting held on the 25Ih day of February, 2015;
13 and
14
15 WHEREAS, the Monroe County Planning Commission held a public hearing on the 281h
16 day of June, 2017, for review and recommendation on the proposed amendment; and
17
18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P30-17
19 recommending approval of the proposed Zoning map amendment; and
20
21 WHEREAS, at a regularly scheduled meeting held on the 191h day of July, 2023, the
22 Monroe County Board of County Commissioners held a public hearing, considered the Planning
23 & Environmental Resources Department's professional staff report and professional staff
24 presentation, and provided for public comment and public participation in accordance with the
25 procedures adopted for public comment and participation in the planning process; and
26
27 WHEREAS, based upon the documentation submitted and information provided in the
28 accompanying Planning & Environmental Resources Department professional staff report and
29 professional staff presentation, the BOCC makes the following findings of fact:
30
31 1. Prior to the 1986 adoption of the County's current land development regulations and
32 their associated land use district ("zoning") maps, the subject property was within a
33 General Use ("GU") district; and
34
35 2. In 1992, with the final adoption of the current Land Use District("Zoning") Map, the
36 subject property was re-designated as Suburban Commercial ("SC") in the northwest
37 portion of the site, and Suburban Residential ("SR") in the southeast portion of the
38 site; and with the adoption of the Comprehensive Plan's FLUM in 1997, and
39 confirmed on April 12, 2017 by BOCC Resolution No. 110-2017, the subject
40 property was given its current FLUM designation of Mixed Use/Commercial ("MC");
41 and
42
43 3. Map amendments to the Monroe County Zoning Map shall not be inconsistent with
44 the provisions and intent of the Monroe County Comprehensive Plan; and
45
46 4. Monroe County Land Development Code ("LDC") § 102-158 states that map
47 amendments are not intended to relieve particular hardships, nor to confer special
48 privileges or rights on any person, nor to permit an adverse change in community
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I character, analyzed in the Technical Document (data and analysis), but only to make
2 necessary adjustments in light of changed conditions or incorrect assumptions or
3 determinations as determined by the findings of the BOCC; and
4
5 5. LDC § 102-158(d)(7)(b.) provides that one or more of the following criteria must be
6 met for a map amendment:
7 a. Changed projections (e.g., regarding public service needs) from those on which
8 the text or boundary was based;
9 b. Changed assumptions (e.g., regarding demographic trends);
10 c. Data errors, including errors in mapping, vegetative types and natural features
11 described in volume I of the plan;
12 d. New issues;
13 e. Recognition of a need for additional detail or comprehensiveness;
14 f. Data updates; and
15
16 6. Per LDC § 102-158(d)(7)(d.), in no event shall an amendment be approved which
17 will result in an adverse change in community character to the sub-area which a
18 proposed amendment affects or to any area in accordance with a Livable
19 CommuniKeys ("LCP") master plan pursuant to findings of the BOCC; and
20
21 7. Map amendments to the Monroe County Land Use District Map shall not be
22 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
23 Critical State Concern ("ACSC"); and
24
25 WHEREAS, based upon the documentation submitted and information provided in the
26 accompanying Planning & Environmental Resources Department professional staff report and
27 professional staff presentation, the BOCC makes the following conclusions of law:
28
29 1. The proposed map amendment is consistent with the provisions of the Monroe
30 County Code(s):
31 a. As required by LDC § 102-158, the map amendment does not relieve particular
32 hardships, nor confer special privileges or rights on any person, nor permit an
33 adverse change in community character, as analyzed in the Monroe County Year
34 2030 Comprehensive Plan;
35 b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to
36 new issues and the recognition of a need for additional detail or
37 comprehensiveness; and
38
39 2. The proposed map amendment is consistent with the provisions and intent of the
40 Monroe County Year 2030 Comprehensive Plan:
41 a. The Suburban Commercial ("SC") Land Use ("Zoning") District corresponds
42 with the Future Land Use Map ("FLUM") designation of Mixed Use/Commercial
43 ("MC"), and is consistent with the density and intensity standards as set forth in
44 Policy 101.5.25;
45 b. The SC Zoning District is consistent with the purpose of the MC FLUM
46 designation, as set forth in Policy 101.5.6; and
47
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1 3. The proposed map amendment is not inconsistent with the Key Largo Livable
2 CommuniKeys Plan ("LCP"); and
3
4 4. The proposed map amendment is not inconsistent with the Principles for Guiding
5 Development in the Florida Keys Area of Critical State Concern ("ACSC");
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
8 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
9
10 Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
11 as if fully stated herein.
12
13 Section 2. The Board of County Commissioners agrees and concurs with the attached June
14 30th 2023-dated professional staff report prepared by and from Planning &
15 Environmental Resources Department Senior Director Emily Schemper, A.LC.P.,
16 C.F.M., adopts its analysis and determinations as additional findings and
17 conclusions of the Board's own, and said professional staff report is hereby
18 incorporated as if fully stated herein.
19
20 Section 3. The Monroe County Land Use District Map is hereby amended as follows:
21
22 The subject property located 101 Magnolia Street, Key Largo, Monroe County,
23 Florida, approximate mile marker 100, legally described as Square 20, Ocean
24 Acres, according to the plat thereof, as recorded in Plat Book 1, Page 188, of the
25 Official Records of Monroe County, Florida, currently having Property
26 Identification Number 00454520-000000, shall be designated as Suburban
27 Commercial ("SC") as shown on Exhibit 1. attached hereto and hereby
28 incorporated as if fully stated herein.
29
30 Section 4. Interpretation. This Ordinance and its interpretation shall be liberally construed
31 and enforced in favor of the Board of County Commissioners of Monroe County
32 ("BOCC") and such interpretation shall be entitled to great weight in adversarial
33 administrative proceedings, at trial, bankruptcy, and on appeal. The interpretation
34 of Monroe County Comprehensive Plan provision(s), Florida Building Code,
35 Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation
36 arises out of, relates to, or is interpreted in connection with this Ordinance shall be
37 liberally construed and enforced in favor of the BOCC and such interpretation
38 shall be entitled to great weight in adversarial administrative proceedings, at trial,
39 bankruptcy, and on appeal.
40
41 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
42 any provision of this Ordinance, or any portion thereof, is held to be invalid or
43 unenforceable in or by any administrative hearing officer or court of competent
44 jurisdiction, the invalidity or unenforceability of such provision, or any portion
45 thereof, shall neither limit nor impair the operation, enforceability, or validity of
46 any other provision of this Ordinance, or any remaining portion(s) thereof. All
47 other provisions of this Ordinance, and remaining portion(s) thereof, shall
48 continue unimpaired in full force and effect.
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I Section 6. Non-Reliance by Third Parties. No natural or legal person, including but not
2 limited to any business entity, may cite or rely upon this Ordinance to enforce or
3 attempt to enforce any third-party putative entitlements or benefits or any third-
4 party claims or theories of relief.
5
6 Section 7. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
7 conflict with this ordinance are hereby repealed to the extent of said conflict.
8
9 Section 8, Transmittal. This ordinance shall be transmitted to the Florida State Land
10 Planning Agency as required by Fla. Stat. §§ 380.05(11) and 380.0552(9).
11
12 Section This ordinance shall be filed in the Office of the Secretary of the State of
13 Florida but shall not become effective until approved by the Florida State Land
14 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
15 120, Florida Statutes.
16
17 Section 10. Inclusion on the Monroe County Code's Official Land Use District Map. The
18 provisions of this Ordinance shall be included and incorporated on to the Official
19 Land Use District ("Zoning") Map of Monroe County, Florida.
20
21 Section 11. Effective Date. This ordinance shall become effective as provided by law and
22 stated above.
23_ an
24c SED AND ADOPTED by the Board of County Commissioners of Monroe County,
(7�
251, , FGida, at a4—egular meeting of the Board held on the 19th day of July, 2023.
26cL,"
27c: Q. Mayor Craig Cates, District I Absent
282 j7.; Mayor Pro Tem Holly Merrill Raschein, District 5 Yes
2 9M -j Commissioner Michelle Lincoln, District 2 Yes
3041 Commissioner James K. Scholl, District 3 Yes
J-
3 C_e C_�
C=z Commissioner David Rice, District 4 Yes
32
33 BOARD OF COUNTY COMMISSIONERS
34 OF MON OE C07TY,.fLORIDA
35
By:3 6 U
3
Holly Merrill Raschein, Mayor Pro Tern
MONROECO ATTORNEY
APP TO FORM
41 7
42 VIN MADOK, CLERK PETER MORRIS
43 ASSISTANT COUNTY ATTORNEY
44 Date:
45 AS DEPUTY CLERK
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Exhibit 1 to Ordinance # 018 -2023
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of one parcel of land in Key Largo having Real Estate Number: 00454520-000000
from Suburban Commercial(SC)and Suburban Residential(SR)to Suburban Commercial(SC). N
-
2 � � 1.
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 From: Emily Schemper, A.I.C.P., C.F.M.
10 Senior Director, Monroe County Planning& Environmental Resources Department
11
12 Date: June 30th, 2023
13
14 Subject: AN ORDINANCE AMENDING THE LAND USE DISTRICT MAP OF THE
15 MONROE COUNTY LAND DEVELOPMENT CODE FROM SUBURBAN
16 COMMERCIAL ("SC") AND SUBURBAN RESIDENTIAL ("SR") TO
17 SUBURBAN COMMERCIAL ("SC") FOR PROPERTY LOCATED AT 101
18 MAGNOLIA STREET, MARKER 100, KEY LARGO, APPROXIMATE MILE
19 MARKER("MM") 100, CURRENTLY HAVING PROPERTY IDENTIFICATION
20 NUMBER 00454520-000000, AS REQUESTED BY MAGNOLIA 101, LLC (FILE
21 NO. 2014-173).
22
23 Meeting: July 19, 2023
24
25 L REQUEST
26
27 On December 8, 2014, Magnolia 101, LLC, submitted an application requesting to amend the
28 Land Use District ("Zoning") Map of the Monroe County Land Development Code from
29 Suburban Commercial ("SC")and Suburban Residential ("SR)to Suburban Commercial("SC")
30 for property located at 101 Magnolia Street, Key Largo, bearing property identification number
31 00454520-000000.
32
33 Existing Zoning Designation Proposed Zoning Designation
34
35
File No. 2014-173 Page 1 of 10
1 II. BACKGROUND INFORMATION
2
3 Site Information
4 Location: MM 100, Key Largo, Oceanside
5 Address: 101 Magnolia Street, Key Largo
6 Description: Square 20, Ocean Acres, (Plat Book 1, Page 188, according to the Official
7 Records of Monroe County)
8 Property Identification Number: 00454520-000000
9 Applicant/Owner: Magnolia 101, LLC
10 Agent: Don Horton/Amie Owens
11 Size of Site: 43,000 square feet(S.F.) [0.99 acres]
12 According to the boundary survey provided by the applicant, the total area of the subject
13 property is 43,000 S.F. (0.99 acres). Based on Monroe County Geographic Information
14 Systems ("GIS") data, the portion of the parcel with an SC Zoning designation has an
15 area of approximately 23,000 S.F., and the portion of the parcel with an SR Zoning
16 designation has an area of approximately 20,000 S.F.. All calculations included in the
17 analysis of this proposed Zoning map amendment are based on the aforementioned
18 figures.
19
20 Land Use District (Zoning): SR and SC
21 FLUM Designation: Mixed Use/Commercial (MC)
22 Tier Designation: III
23 Flood Zones: AE(EL 8)
24 Existing Use: Part of the subject property is approved for a light industrial use, and part of
25 the subject property is vacant(partially light industrial and partially vacant).
26 Existing Vegetation/Habitat: Scarified in northwest portion of site;restored hammock on
27 southeast portion of site.
29 Community Character of Immediate Vicinity:
30 To the east and south are adjacent lands which are vacant publicly-owned (State-owned
31 and County-owned)undeveloped and unimproved Tier I lands with Suburban Residential
32 ("SR")zoning and Residential Low ("RL")future land use map designations.
33
34 The adjacent lands to the north and west are zoned Suburban Commercial ("SC") with a
35 Mixed Use/Commercial ("MC") future land use map designation developed with public
36 and light industrial uses (Monroe County Public Works and Florida Keys Aqueduct
37 Authority).
38
39 The subject property currently has Land Use District ("LUD" or "Zoning") designations of
40 Suburban Commercial ("SC") on the northwest portion of the site and Suburban Residential
41 ("SR") on the southeast portion of the site (see attached Exhibit 1.) and a Future Land Use Map
42 ("FLUM") designation of Mixed Use/Commercial ("MC").
43
File No. 2014-173 Page 2 of 10
I The subject property was within a GU(General Use)zoning district prior to September 15, 1986,
2 when it was re-designated as partially SC and partially SR (the final adoption of the LUD map
3 was in 1992). With the adoption of the Comprehensive Plan's FLUM in 1997, the subject
4 property was given its current FLUM designation of MC. This designation was confirmed for
5 the entire parcel by a Boundary Determination approved by BOCC Resolution No. 110-2017
6 (see Exhibit 2.) on April 12, 2017, based on an administrative interpretation made by Planning
7 & Environmental Resources Department ("Planning Department") Senior Director ("Planning
8 Director") Townsley Schwab as part of a Letter of Understanding for the site dated April 29,
9 2013.
10
11 The current Zoning designation of SR on the southeast portion of the site is inconsistent with the
12 MC FLUM. Per Policy 101.5.25 of the Comprehensive Plan, the MC FLUM is consistent with
13 the following LUD designations: Suburban Commercial ("SC"), Urban Commercial ("UC"),
14 Destination Resort ("DR"), Recreational Vehicle ("RV"), Mixed Use ("MU") and Maritime
15 Industries ("MP').
16
17 In 1991, the Monroe County Building Department issued Building Permit No. 91303552,
18 approving the construction of a 1,104 S.F. unenclosed storage shed on the subject parcel. This is
19 the first building permit on file for the subject property. In 1999,the Building Department issued
20 Building Permit No. 99300162 approving security lighting for the outdoor storage area.
21
22 In 2002, a minor conditional use permit was issued for the construction of a 1,104 S.F. structure
23 to be used as a waste separation facility on the subject parcel (Planning Department File No.
24 22016). The approval was memorialized by Development Order No. 02-02, signed by the
25 Planning Director on April 28, 2002, and recorded in the Official Records of Monroe County,
26 Florida, on June 7, 2002.
27
28 In 2003, the Building Department issued Building Permit No. 02303419 approving the
29 construction of a 1,106 S.F. commercial building on the subject parcel and other site
30 improvements related to Development Order No. 02-02 (it should be observed that the building
31 permit file is associated with Real Estate/Property Identification Number ("RE") 00454110-
32 000000, not RE 00454520-000000). The building received a certificate of occupancy on
33 November 7, 2003.
34
35 In addition, since 2002, several other building permits have been issued for the subject parcel
36 to facilitate the waste separation facility, including Building Permit No. 10307017, which was
37 issued on April 11, 2011, for stormwater-related improvements.
38
39 As part of the previous approval authorized by Development Order No. 02-02, the Monroe
40 County Board of County Commissioners ("Monroe County" or "BOCC") applied a condition
41 requiring the property owner to place a conservation easement on the SR portion of the subject
42 property. Previous clearing was been carried out on the subject parcel, including within the
43 conservation easement,without the benefit of a building permit and was the subject of prior code
44 enforcement action. Expansion of the approved light industrial use on the site into the SR portion
45 of the subject parcel without the benefit of a permit also resulted in prior code enforcement
46 action.
File No. 2014-173 Page 3 of 10
I On March 9, 2017, permit number 17301254 was issued for restoration of the cleared hammock
2 habitat on the southeast portion of the parcel. On June 9, 2022, the third annual inspection of the
3 restoration planting was passed and the restoration permit was closed.
4
5 On August 17, 2022, Monroe County entered into a settlement agreement with Magnolia 101
6 LLC, then owned by Brian Lindback, to resolve certain outstanding code enforcement fines and
7 liens. The settlement agreement was recorded on August 18, 2022, at Book 3190, Page 120,
8 Document Number 2388237, of the Official Records of Monroe County, Florida. Under the
9 agreement Magnolia 101 LLC deeded to Monroe County an unimproved and undeveloped Tier
10 I lot (Square or Lot 5, currently bearing Monroe County Property Appraiser's Office Property
11 Identification No. 00454230-000000, having a current (just) market of $382,470) that was
12 adjacent to multiple undeveloped and unimproved State of Florida and County-owned Tier I
13 lands. In exchange, the County forgave the outstanding code fines and liens, which totaled
14 (approximately) $1,260,450.00, and released the conservation easement on the southeast portion
15 of the remaining lot owned by Magnolia 101 LLC (Square/Lot 20 — the parcel subject to the
16 current zoning amendment request).
17
18 In addition, Mr. Lindback consented that the prior/operative development approvals issued for
19 Square/Lot 20 do not authorize rock and/or concrete crushing and/or pulverization, separation,
20 sorting, fragmentation, hammering, extraction, or excavation of rebar or similar materials from
21 concrete, rock, rubble, or debris by equipment or machines, the Planning and Environmental
22 Resources Department("Planning Department") has agreed not to recommend denial of a later-
23 submitted application for a right-of-way abandonment petition requesting abandonment of a
24 portion of the right-of-way of Hibiscus Street lying between Squares/Parcels/Lots 20 and 23,
25 Ocean Acres, according to the plat thereof, as recorded in Plat Book 1, Page 188, and the
26 Planning Department further has agreed not to object to, deny, or recommend denial of any
27 applications to expand development into said right-of-way area upon abandonment and
28 conservation easement area upon release, assuming all Land Development Code and
29 Comprehensive Plan requirements are met.
30
31 The Planning Department's processing of this Zoning amendment is based on the current SR
32 Zoning's inconsistency with the site's MC FLUM. The proposed Zoning map amendment is
33 necessary to be consistent with the adopted FLUM designation on the site. Note, 163.3194 and
34 163.3201, Florida Statutes, require land development regulations to be consistent with and
35 implement the Comprehensive Plan.
36
37 As discussed in the Letter of Understanding dated April 29, 2013, the proposed Zoning map
38 amendment to SC for the entire property is one of several steps the applicant must take to receive
39 permits for a light industrial use on the southeastern portion of the parcel. Monroe County is not
40 obligated by approval of the requested map amendment to approve any future expansion of the
41 light industrial use — all subsequent applications must show they meet all requirements of the
42 Land Development Code and Comprehensive Plan.
43
44 III. ANALYSIS OF PROPOSED AMENDMENT
45
46 A. Maximum Allocated Density and Intensity by Land Use District (Zoning)
File No. 2014-173 Page 4 of 10
Existing Zoning Type Adopted Standards Development Potential
Residential
3 du/acre 1.59 du
Suburban Commercial (SC) Allocated Density
Transient 10 rooms/spaces
Gross Upland Area: Allocated Density /acre 5.3 rooms/spaces
23,000 SF (0.53 acres) Nonresidential
0.40 FAR 9,200 SF
(based on Mc GIs) Maximum Intensity
Residential
0.5 du/acre 0.23 du
Suburban Residential (SR) Allocated Density
Transient 0 rooms/spaces
Gross Upland Area: Allocated Density /acre 0 rooms/spaces
20,000 SF (0.46 acres) Nonresidential
(based on MC GIs) 0.25 FAR 5,000 SF
Maximum Intensity
Total Existing Residential 1.82 du
Maximum Transient 5.3 rooms/spaces
Potential
Development Nonresidential 14,200 SF
Proposed Zoning Type Adopted Standards Development Potential
Residential
3 du/acre 2.97 du
Suburban Commercial (SC) Allocated Density
Transient 10 rooms/spaces
Gross Upland Area: Allocated Density /acre 9.9 rooms/spaces
43,000 SF (0.99 acres) Nonresidential
0.40 FAR 17,200 SF
Maximum Intensity
Net Change in Residential: +1.15 du
Development Potential Transient: +4.6 rooms/spaces
based on LUD Nonresidential: +3,000 SF
1
2 The foregoing table provides an approximation of the existing and proposed development
3 potential for residential, transient, and nonresidential development on the site. Section 130-
4 156(b) of the Land Development Code states: "The density and intensity provisions set out in
5 this section are intended to be applied cumulatively so that no development shall exceed the total
6 density limits of this article. For example, if a development includes both residential and
7 commercial development,the total gross amount of development shall not exceed the cumulated
8 permitted intensity of the parcel proposed for development. If a proposed development is for a
9 combination of nonresidential uses, the acreage required for each use shall be determined
10 independently based on the floor area ratio in section 130-164 for each individual use such that
11 no acreage shall be dedicated for more than one use."
File No. 2014-173 Page 5 of 10
I As shown in the table, the proposed Zoning map amendment would result in an increase
2 in potential residential development of 1.15 dwelling units, an increase in potential
3 transient development of 4.6 rooms/spaces, and an increase in potential nonresidential
4 development of 3,000 square feet.
5
6 B. Impact on Community Character
7
8 Lands surrounding the subject property currently have Zoning designations of Suburban
9 Commercial and Suburban Residential. Land uses surrounding the subject property include
10 vacant land, public uses, and light industrial uses. The parcel has a tier designation of Tier III.
11 The northwest portion of the site is scarified, consisting of pea-rock gravel and some paved areas.
12 The southeast portion of the site (subject to the requested zoning amendment, has been restored
13 as hammock habitat. The proposed LUD map amendment is not anticipated to have an adverse
14 effect on the community character of the area.
15
16 C. Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
17
18 Monroe County shall ensure that all development and redevelopment taking place within its
19 boundaries does not result in a reduction of the level-of-service requirements established and
20 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
21 plan amendments include an analysis of the availability of facilities and services or demonstrate
22 that the adopted levels of service can be reasonably met.
23
24 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
25 The Property is located on Overseas Highway/U.S. 1 on Key Largo at approximate mile marker
26 103. Pursuant to the Comprehensive Plan, the level of service standard for U.S. Highway 1 is
27 Level of Service ("LOS") of"C." According to the 2021 US 1 Arterial Travel Time and Delay
28 Study, US 1 overall is operating at a LOS of"C" and Segment 23 on Key Largo (MM 99.5 to
29 MM 106.0)is operating at a LOS of"A."
30
31 A trip generation analysis was not submitted by the Applicant; at the time of development
32 approval, a trip generation analysis will be required to be submitted in order to verify sufficient
33 roadway capacity. According to the 2021 U.S. 1 Arterial Travel Time and Delay Study, the
34 maximum reserve volume for Segment 23 is 11,148 trips.
35
36 Potable Water(Comprehensive Plan Policy 701.1.1)
37 The Florida Keys Aqueduct Authority's ("FKAA") water treatment facility in Florida City has
38 a maximum water treatment design capacity of 29.8 million gallons per day ("MGD") and is
39 capable of treating up to 23.8 MGD. The annual average daily demand in Monroe County is
40 17.79 MGD.
41
42 The proposed zoning amendment would increase permanent allocated residential density
43 potential by 1.15 units and any future development proposal must be approved by FKAA to
44 show capacity.
45
46 Solid Waste (Comprehensive Plan Policy 801.1.1)
File No. 2014-173 Page 6 of 10
I Monroe County has a contract with Waste Management authorizing the use of in-state facilities
2 through September 30, 2024. Currently, there is adequate capacity for solid waste generation.
3 All commercial solid waste is handled by private contract.
4
5 Sanitary Sewer(Comprehensive Plan Policy 901.1.1
6 Monroe County has adopted water quality treatment standards for wastewater facilities and
7 within the Sanitary Wastewater Treatment Master Plan,Exhibit 3-8, has stated the LOS standard
8 for residential and nonresidential flow is 167 gallons per day per equivalent dwelling unit
9 ("EDU"). The proposed LUD amendment would increase the permanent, allocated residential
10 density by 1.15 units. The combined average flows of the Key Largo Wastewater Treatment
11 System are 1,970,000 GPD, whereas the plant capacity is 3,450,000 GPD. Any proposed
12 development on the site will either need to connect to the Key Largo Wastewater Treatment
13 District central sewer system, or provide on-site sewage treatment and disposal that meets the
14 LOS standards in Policy 901.1.1.
15
16 The proposed LUD Map amendment is not anticipated to adversely impact the LOS for traffic,
17 potable water, solid waste and sanitary sewer.
18
19 D.Consistency with the Monroe County Year 2030 Comprehensive Plan.
20
21 The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
22 County Year 2030 Comprehensive Plan. Specifically, the amendment furthers:
23
24 Goal 101
25 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
26 County residents and visitors, and protect valuable natural resources.
27
28 Objective 101.1
29 Monroe County shall ensure that all development and redevelopment taking place within its
30 boundaries does not result in a reduction of the level-of-service requirements established and
31 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
32 plan amendments include an analysis of the availability of facilities and services or demonstrate
33 that the adopted levels of service can be reasonably met.
34
35 Objective 101.5
36 Monroe County shall regulate future development and redevelopment to maintain and enhance
37 the character of the community and protect natural resources by providing for the compatible
38 distribution of land uses consistent with the designations shown on the Future Land Use Map.
39
40 Policy 101.5.6
41 The principal purpose of the Mixed Use/Commercial ("MC") future land use category is to
42 provide for the establishment of mixed use commercial land use ("zoning") districts where
43 various types of commercial retail and office may be permitted at intensities which are consistent
44 with the community character and the natural environment. Employee housing and commercial
45 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to
46 establish and conserve areas of mixed uses,which may include maritime industry,light industrial
File No. 2014-173 Page 7 of 10
I uses, commercial fishing, transient and permanent residential, institutional, public, and
2 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 waterfronts.
9
10 In order to protect environmentally sensitive lands, the following development controls shall
11 apply to all hammocks, pinelands, and disturbed wetlands within this land use category:
12
13 1. only low intensity commercial uses shall be allowed;
14 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
15 3. maximum net residential density shall be zero.
16
17
18 Key Largo Livable CommuniKeys Master Plan
19
20 Action Item 1.3.7
21 Evaluate future FLUM change and Land Use District Map change requests for nonconforming
22 uses,proposed changes in use,vacant parcels and other requests,based mainly on comprehensive
23 planning principles and the following community-goal related criteria:
24
25 a. Promote infill, design flexibility and transfer of density to Community Centers.
26 b. Preserve commercial conformance status within sections along U.S.-1 predominated
27 by existing commercial businesses and disturbed lands.
28 C. Encourage sun-setting of intensive commercial uses within sections along U.S.-1
29 predominated by natural habitat or native-dominated landscape, relatively sparse
30 development and relatively few businesses.
31 d. Preserve commercial use status for existing waterfront uses that support the tourist-
32 based and working waterfront-based economy.
33 e. Give consideration to whether the property provides a unique or outstanding
34 opportunity for enhancement of design, connectivity and other community goals,
35 especially along the U.S.-1 corridor.
36
37 E. Consistency with the Monroe County Land Development Code.
38
39 In accordance with MCC §102-158(d)(7)(b.), the BOCC may consider the adoption of an
40 ordinance enacting the proposed change based on one or more of the following factors:
41 1. Changed projections(e.g., regarding public service needs)from those on which the text or
42 boundary was based;
43 N/A
44
45 2. Changed assumptions (e.g., regarding demographic trends);
46 N/A
File No. 2014-173 Page 8 of 10
1 3. Data errors, including errors in mapping, vegetative types and natural features described
2 in volume 1 of the plan;
3 N/A
4
5 4. New issues;
6
7 The site's current FLUM designation of MC was confirmed by the BOCC in 2017
8 per Resolution No. 110-2017. The SR Zoning district is not consistent with the MC
9 FLUM. The proposed Zoning map amendment is necessary to be consistent with
10 the adopted FLUM designation on the site. Note, Sections 163.3194 and 163.3201,
11 Florida Statutes, require land development regulations to be consistent with and
12 implement the Comprehensive Plan.
13
14 5. Recognition of a need for additional detail or comprehensiveness; or
15 The subject property's current Zoning designation of SR is inconsistent with the
16 site's current adopted FLUM designation of MC. The proposed Zoning designation
17 of SC is consistent with the MC FLUM and is also consistent with the existing SC
18 Zoning designations of adjacent land.The proposed Zoning amendment is therefore
19 necessary to be consistent with the existing FLUM designation of MC. Note,
20 Sections 163.3194 and 163.3201, Florida Statutes, require land development
21 regulations to be consistent with and implement the Comprehensive Plan.
22
23 6. Data updates;
24 N/A
25
26 In accordance with MCC §102-158(d)(7)(d.),in no event shall an amendment be approved which
27 will result in an adverse community change to the planning area in which the proposed
28 development is located or to any area in accordance with a Livable CommuniKeys Master Plan
29 pursuant to findings of the board of county commissioners.
30
31 The subject property is adjacent to light industrial and public uses, and currently has a Future
32 Land Use Map designation of Mixed Use/Commercial. It is anticipated that the proposed Zoning
33 map amendment for the site will not result in an adverse community change to the surrounding
34 area.
35
36 V. RECOMMENDATION
37
38 Monroe County's professional staff recommend approval of the proposed amendment to the
39 Land Use District ("Zoning") Map of the Monroe County Land Development Code from
40 Suburban Commercial ("SC") and Suburban Residential ("SR") to Suburban Commercial
41 ("SC") for property located at 101 Magnolia Street, Key Largo, currently having property
42 identification number 00454520-000000, to comply with Fla. Stat. §§ Sections 163.3194 and
43 163.3201.
44
45 VL EXHIBITS
46
File No. 2014-173 Page 9 of 10
1 1. Official Land Use District Map, Sheet 133.
2 2. BOCC Resolution 110-2017.
3 3. Proposed LUD map amendment.
4
File No. 2014-173 Page 10 of 10
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3896197
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,July 1,2023
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 24th day of July 2023
(Notary Public Signature)
Jill Kelli Di Benedetto
(Notary Public Printed Name)
My commission expires 8/19/2023
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
SA K'��gpR'M�r re ,i6'�4'�
41. NCO aSNAW
k�'Xcjofeq,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT
(ZONING) MAP
July 19,2023
NOTICE IS HEREBY GIVEN that on Wednesday,July 19,2023,the Monroe County Board of County Commissioners
will hold a Public Meeting,beginning at 09:00 AM.The BOCC meeting will be held in hybrid format,allowing the public
to attend either via Zoom Webinar or in person.The in-person meeting will be held at the Marathon Government Center,
located at 2798 Overseas Highway,Marathon,FL.The following items will be considered at the PUBLIC HEARING:
PUBLIC HEARINGS:09:00 AM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
LAND USE DISTRICT(ZONING)MAP FROM SUBURBAN COMMERCIAL(SC)AND SUBURBAN RESIDENTIAL(SR)TO
SUBURBAN COMMERCIAL(SC),FOR PROPERTY LOCATED AT 101 MAGNOLIA STREET,KEY LARGO,MILE MARKER 100,
LEGALLY DESCRIBED AS SQUARE 20,OCEAN ACRES(PB1-188),KEY LARGO,MONROE COUNTY,FLORIDA,HAVING PARCEL
IDENTIFICATION NUMBER 00454520.000000,AS PROPOSED BY MAGNOLIA 101,LLC;PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;
PROVIDING FOR AN EFFECTIVE DATE.(FILE 2014-173)See Map 1 below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
AND BACKGROUND, GOALS, OBJECTIVES, AND POLICIES, AND GLOSSARY OF THE MONROE COUNTY 2030
COMPREHENSIVE PLAN TO CLARIFY THE CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE
PLAN TO DEVELOPMENT,TO CLARIFY THE GENERAL AND DEFINED TERMS SECTIONS,TO CLARIFY CONSTRUCTION
OF CONFLICTS WITH THE MONROE COUNTY CODE(S),AND MODIFY ACCESSORY USES AND STRUCTURES;PROVIDING
FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-093)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY
LAND DEVELOPMENT CODE SECTION 101-1 DEFINITIONS AND CHAPTER 122,FLOODPLAIN MANAGEMENT;ARTICLE
I.—IN GENERAL,SECTION 122-3—DEFINITIONS,TO UPDATE THE DEFINITION OF MARKET VALUE TO BE CONSISTENT
WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT-BUREAU OF MITIGATION-STATE OFFICE OF FLOODPLAIN
MANAGEMENT'S DECEMBER 2022 GUIDANCE ON Market ValuE AND MODEL FLOODPLAIN MANAGEMENT ORDINANCE
WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA
BUILDING CODE,MEETING THE NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS AND APPROVED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013;PROVIDING FOR SEVERABILITY;PROVIDING FOR APPLICABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2023-024)
77 SIRIUS LANE,GEIGER KEY,MILE MARKER 11:A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A TEMPORARY CONSTRUCTION STAGING AREA FOR A
CANAL RESTORATION/WATER QUALITY IMPROVEMENT PROJECT AT PROPERTY LEGALLY DESCRIBED AS BLOCK 7 LOT
29 GEIGER MOBILE HOMES,GEIGER KEY,PLAT BOOK 5,PAGE 77,HAVING PARCEL IDENTIFICATION NUMBER 00146530-
000000.(FILE 2023-052)
A RESOLUTION BY THE BOARD OF COUNTY COMMISISONERS CONSIDERING A REQUEST BY JONATHAN TREMBLAY
TO WAIVE THE INCLUSIONARY WORKFORCE HOUSING REQUIREMENT APPLICABLE TO THE ESTABLISHMENT OF 662
SQUARE FEET OF OUTDOOR STORAGE AREA FOR A BOAT RENTAL BUSINESS,LOCATED AT 413 BARRY AVENUE,MILE
MARKER 29,LITTLE TORCH KEY,MONROE COUNTY,FLORIDA,HAVING PARCEL IDENTIFICATION NUMBER 00215140-
000000.(FILE 2023-119)
MAP
Magnolia 101,LLC ,/'
LUD Amendment 00454520-000000
V\
OJ /
,0 ....... LR'ST'".w....
w_
_,. w.............................�.
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OR
iLEN�ALE
Key Largo
Approximate MM 100
Please visit the Monroe County Website at www.monroecounty-fl.gov for meeting agenda updates and
information regarding the various options available to the public to view the live meeting and/or to make public
comments on certain agenda items.
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of the
proceedings,and that,for such purpose,he or she may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony&evidence upon which the appeal is to be based.
ADAASSISTANCE..If you are a person with a disability who needs special accommodations in order to participate
in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the
hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting,,if you are
hearing or voice impaired,call`711."
fldn819]-1
Kevin Madok, cpA
e ty
.......... Clerk of the Circuit Court& Comptroller Monro Coun , Florida
Of pJ
July 31, 2023
Dcpartiiicut ol'Statc
Adininistra&c Code & Register
500 S Brouougli Strcet
'I'alialiasscc F1, 32399-0250
'I'o NN'lioui It May Couceni,
Attaclicd is a copy of0rdiiiaucc No. 0 18-2023 al)l)ro%qiig au auicndiucut to the Moiiroc
Comity 1aud I Tsc Distnict Mal) From Suburban Commercial ("SC") and Suburban Resideutial
("SR") to Suburban Commercial ("Sc"), for properly locate(] at 101 Magnolia St-rect, Key Largo,
Monroe County, Florida, approximate mile marker 100, legally described as Square 20, Ocean
Acres, according to the plat fliercol', as recorded in Plat Book 1, Page 188, of the 01licial Records
ol'Mouroe Comity, Florida, currently having Property Identification No. 00454520-000000, as
proposed by Magnolia 101, I,I,C; prowling lor sc%,crability; providing for repeal ol'conflicting
pro%islons; providing for transmittal to flic State Iand Planning Agency an(I the Sccrctary ol'Statc;
pro%lidlug for auicridnicut to flic band I Ise I)istnict ("Zoning") Mal); 1)ro%q(lliig for au effective (late.
'I'lils 0rdinance was adopted by the Monroe County Board ol'County Commissioners at a
regular niecting, lield in formal session, on July 19, 2023. Should you lia%,c auy questions please
led Free to contact me at (305) 292-3550.
Respectfully Submitted,
Kc%iii Madok, CPA, Clcrk ol'
the Circuit Court & Comptroller&
ex-officlo to die Monroc County
Board ol'Courity Commissioners
bY:Pxncla G. Hancock 1).
cc: Plaiiiiing& Environmental
County Administrator
Comity Attorricy
110CC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
iurW ,u
FLORIDA DEPARTMENT Of'STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 31, 2023
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 018-2023, which was filed in this office on July 31,
2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270