Item Q4 Q4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE 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
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: Q4
2023-1537
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
to the State Land Planning Agency an Ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Future Land Use Map from Residential Medium(RM) to
Mixed Use/Commercial (MC) for property located at 103301 Overseas Highway, Key Largo, as
proposed by Irwin Holdings 103301, LLC (File No. 2023-081).
ITEM BACKGROUND:
On February 3, 2023, the Monroe County Planning and Environmental Resources Department received
an application from Jim Saunders on behalf of Irwin Holdings 103301, LLC (the "Applicant") to amend
the Monroe County Future Land Use Map (FLUM) from Residential Medium(RM) to Mixed Use/
Commercial(MC) for property located at 103301 Overseas Highway on Key Largo (the"Property").
The subject of this agenda item is transmittal of the proposed FL UM amendment to Florida
Department of Commerce for state review.
Site Information:
Location: MM 103, Key Largo
Address: 103301 Overseas Highway
Description: Lots 17 and 18, Block 12, Largo Sound Park, according to the plat thereof, as recorded in
Plat Book 3, Page 111, of the Public Records of Monroe County, Florida
Parcel Identification Number: 00472810-000000
Owner/Applicant: Irwin Holdings 103301, LLC
Size of Property: 0.3 acres (13,330.2 SF) of upland area per survey by Lincoln Iturrey, P.S.M. signed
and sealed on 01/27/2023.
FLUM Designation: Residential Medium (RM);pending application to amend to Mixed Use/
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Commercial(MC)
Land Use District: Improved Subdivision-Masonry (IS-M); pending application to amend to Mixed
Use(MU)
Tier Designation: III
Flood Zone: X
CBRS: No
Existing Use: Office
Existing Vegetation/Habitat: Developed Land
Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail, Restaurant
The Property currently has a Land Use District(zoning) designation of Improved Subdivision, with the
Masonry subdistrict indicator(IS-M) and Future Land Use Map (FLUM) designation of Residential
Medium(RM). The Property was within a BU-1 district (Light Business)prior to September 15, 1986.
In 1986, the Property was given the designation of Improved Subdivision (IS). With the adoption of the
Comprehensive Plan's FLUM in 1997, the Property was given the FLUM designation of Residential
Medium(RM).
The Property is currently developed with a 2,278 square foot structure according to the Monroe County
Property Appraiser(MCPA). The existing structure is permitted to serve as an office.
The Applicant states that the reason for the proposed FLUM amendment is:
"Due to present zoning owner cannot submit building permit to fence area under existing structure.
Zoning change requires FLUM to be consistent."
Concurrent Applications
File 2022-187: A corresponding Land Use District(LUD) Map amendment for the Property, requesting
to amend the LUD from Improved Subdivision-Masonry(IS-M) to Mixed Use (MU).
Community Meeting and Public Participation
In accordance with LDC Section 102-159(a), a community meeting was held on June 27, 2023 at the
Key Largo Branch Library to discuss the proposed Future Land Use Map (FLUM) amendment and
corresponding Land Use District(Zoning) Map and provide for public participation.
Amendment Review
FLUM Categoa Comparisons
Existing
Policy 101.5.3:
The principal purpose of the Residential Medium(RM) future land use category is to recognize those
5339
portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
have an approved potable water supply, and have sufficient uplands to accommodate the residential
uses. Development on vacant land within this land use category shall be limited to one residential
dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996.
Proposed
Policy 101.5.6:
The principal purpose of the Mixed Use/Commercial(MC) future land use category is to provide for the
establishment of mixed use commercial land use (zoning) districts where various types of commercial
retail and office may be permitted at intensities which are consistent with the community character and
the natural environment. Employee housing and commercial apartments are also permitted. In addition,
Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may
include maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
institutional,public, and commercial retail uses.
This future land use category is also intended to allow for the establishment of mixed use development
patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
continue to take a proactive role in encouraging the preservation and enhancement of community
character and recreational and commercial working waterfronts.
In order to protect environmentally sensitive lands, the following development controls shall apply to
all hammocks,pinelands, and disturbed wetlands within this land use category:
Lonly low intensity commercial uses shall be allowed;
2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3.maximum net residential density shall be zero.
...Information related to MI zoning district omitted...
Maximum Density and Intensity by Land Use District
The table below provides a comparison of the development potential for residential, transient and
commercial development of the existing Land Use (Zoning) District as compared to the proposed,
amended zoning district. Section 130-156(b) of the Land Development Code states: "The density and
intensity provisions set out in this section are intended to be applied cumulatively so that no
development shall exceed the total density limits of this article. For example, if a development includes
both residential and commercial development, the total gross amount of development shall not exceed
the cumulated permitted intensity of the parcel proposed for development."
The proposed FLUM amendment with the MU LUD would result in a decrease of allocated market
rate density but would result in an increase in TDR/market rate residential maximum net density,
affordable residential maximum net density, transient density, and nonresidential intensity.
Any new residential use on the Property would be subject to the requirements of Chapter 138 of the
Land Development Code related to the residential Rate of Growth Ordinance (ROGO)permit process.
5340
Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
LDC Section 138-49.
The Property currently has a 2,278 square foot nonconforming office. Approval of the requested FLUM
amendment and LUD amendment to MU would render the existing office use as conforming with up to
3,054.1 square feet of floor area available to expand [dependent on the use].
Compliance with Comprehensive Plan Policy 101.5.26
The proposed FLUM amendment from RM to MC does not result in an increase to residential allocated
density and therefore eliminates the need to mitigate under Policy 101.5.26.
Compatibility with the Surrounding Area
1. Existing Vegetation/Habitat: Developed Land
2. Existing Tier Designation: III
3. Number of Listed Endangered or Threatened Species: 0
4. Existing Use: Office
5. Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail,
Restaurant
Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Monroe County shall ensure that all development and redevelopment taking place within its boundaries
does not result in a reduction of the level-of-service requirements established and adopted by this
comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments
include an analysis of the availability of facilities and services or demonstrate that the adopted levels of
service can be reasonably met.
Traffic Circulation(Comprehensive Plan Policy 301.1.2�
The Property is located on Overseas Highway/U.S. 1 on Key Largo at approximate mile marker 103.
Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C."According to
the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
A trip generation analysis was not submitted by the Applicant. At the time of development approval, a
trip generation analysis will be required to be submitted in order to verify sufficient roadway capacity.
According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for
Segment 23 is 11,148 trips.
Potable Water(Comprehensive Plan Policy 701.1.11
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
treatment design capacity of 29.8 million gallons per day(MGD) and is capable of treating up to 23.8
MGD. The annual average daily demand in Monroe County is 17.79 MGD.
The proposed FLUM amendment would decrease permanent allocated residential density beyond what
is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS
for potable water.
5341
Solid Waste(Comprehensive Plan Policy 801.1.1)
Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial
solid waste is handled by private contract.
Sanitary Sewer(Comprehensive Plan Policy 901.1.1
The County has adopted water quality treatment standards for wastewater facilities and within the
Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential
and nonresidential flow is 167 gallons per day per equivalent dwelling unit(EDU). The proposed
FLUM amendment would decrease the permanent, allocated residential density, but increase the
maximum net residential density for on the site by 2.88 dwelling units, which could increase the
required flow by 480.96 gallons per day. The combined average flows of the Key Largo Wastewater
Treatment System are 1,970,000 gpd, whereas the plant capacity is 3,450,000 gpd. Any proposed
development on the site will either need to connect to the Key Largo Wastewater Treatment District
central sewer system or provide on-site sewage treatment and disposal that meets the LOS standards in
Policy 901.1.1.
The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic,potable
water, solid waste and sanitary sewer.
CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING
DEVELOPMENT,AND THE MONROE COUNTY LAND DEVELOPMENT CODE
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan. Please see the attached professional Staff
Report for specific Goals, Objectives, and Policies.
2. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan.
Please see the attached professional Staff Report for specific Action Items.
3. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not
inconsistent with the Principles for Guiding Development as a whole and is not inconsistent
with any Principle.
The BOCC may consider the adoption of an ordinance enacting the proposed map and text
amendments to this Land Development Code based on one or more of the following factors:
Changed projections (e.g., regarding public service needs) from those on which the existing text or
boundary was based;
Per the Applicant: "No Change"
Changed assumptions (e.g., regarding demographic trends) from those on which the existing text
or boundary was based;
Per the Applicant: "No Change"
Data errors, including errors in mapping,vegetative types and natural features which contributed
to the application of the existing text or boundary;
Per the Applicant: "No Change"
The structure that is currently in existence on the Property was constructed as a dance studio. This
5342
structure received its Certificate of Occupancy on July 26, 1984. As described in the relevant prior
County actions section of this Report, the 1973-86 Zoning maps indicate the Property was within the
BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District permitted professional
service and retail uses per Section 19-216(a) of the 1973-86 Monroe County Code. The adoption of the
revised and use district maps and code in 1986 rendered the previously existing lawful use
nonconforming.
New issues which arose after the application of the existing text or boundary;
Per the Applicant: "Owner cannot pull a building permit to fence area under his existing structure to
secure his equipment inventory."
A nonconforming office use is currently in existence on the Property. Monroe County Land
Development Code Section 130-83(d) allows lawfully established nonresidential uses which were
rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land
development regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDRs, Section 9-212) and lawfully existed on such lands on January 4,
1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial
improvements, or be reestablished as an amendment to a major conditional use, subject to the standards
and procedures set forth in chapter 110, article III. These standards include the use is limited in
intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to
the permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-
1996 LDRs for this district,whichever is more restrictive.
The new issue to which the Applicant is referring, is the Applicant's intention to expand the
nonresidential intensity by means of enclosing the ground floor of the existing office building. In order
to allow an expansion of the nonresidential use, the Property's FLUM category and land use designation
would need to be amended to a category and district that would allow the proposed increase in floor
area.
Recognition of a need for additional detail or comprehensiveness;
Per the Applicant: "No Change"
Data updates; or
Per the Applicant: "No Change"
Consistency with the Comprehensive Plan and the principles for guiding development as defined
in Section 380.0552, Florida Statutes.
As described throughout this report, staff finds the proposed map amendment consistent with the
Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
Florida Statutes.
In no event shall an amendment be approved which will result in an adverse change in
community character to the sub-area which a proposed amendment affects or to any area in
accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
The proposed Future Land Use Map amendment is not anticipated to result in an adverse change the
community character of the surrounding area of the Property as the Property has contained a
5343
nonresidential use for almost 40 years.
PREVIOUS RELEVANT BOCC ACTION:
The structure that is currently in existence on the property was constructed as a dance studio. This
structure received its Certificate of Occupancy on July 26, 1984.
The 1973-86 Zoning Maps indicate the Property was within the BU-1 Light Business District.The
1973-86 zoning, BU-1 Light Business District,permitted professional service and retail uses per
Section 19-216(a) of the 1973-86 Monroe County Code.
The 1986 Pattison Zoning Maps indicate the Property was within the Improved Subdivision (IS) district.
The 1988 "Craig" Zoning (land use) District Maps (effective in 1992) indicate the Property was within
the Improved Subdivision-Masonry(IS-M) district. These maps were most recently certified through
BOCC Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District
Maps making the maps available in digital form on June 20, 2007.
On April 6, 2018, Planning Commission Resolution No. P06-18 was passed and adopted, approving
with conditions a Major Conditional Use Permit for the redevelopment, substantial improvement, or
reestablishment of the existing nonconforming office use in the IS zoning district. It should be noted
that this development did not take place and the Major Conditional Use Permit has since expired.
On January 20, 2022, a Letter of Understanding was issued by the Senior Director of Planning and
Environmental Resources which determined there to be suitable evidence to support the existence of
office use prior to and on January 4, 1996. This lawful nonconforming use shall be recognized and
added to the Department's official registry. The Property may therefore develop, redevelop, reestablish
and/or substantially improve the office use,provided it is limited in intensity, floor area, and to the type
of use that existed on January 4, 1996,per LDC Code Section 102-56(a)(2) or the lawfully existing use
on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a major conditional use limited to the
permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs
for the IS district, whichever is more restrictive,per LDC Code Section 130-83(e). The Letter of
Understanding also addressed the proposed expansion of office floor area and stated that the addition of
nonresidential floor area, by means of enclosing the first floor of the existing structure, for office use is
not consistent with the current FLUM and LUD of the Property.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Future Land Use Map Amendment.
DOCUMENTATION:
2023-081 BOCC SR 10.18.23.doc
2023-081 Exhibit 1 to SR_FLUM_11A17_Irwin_Holdings.pdf
2023-081 Exhibit 2 to SR_2023-081 DRC Reso No. 13-23.pdf
2023-081 Exhibit 3 to SR_PC Reso P31-23.pdf
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Ex.A to Reso FLUM Ordinance.docx
2023-08 I—Exhibit-4—to—SR—Transmittal_Reso.pdf
FINANCIAL IMPACT:
N/A
5345
3 � t1
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
12
13 From: Devin Tolpin, AICP, CFM, Principal Planner; and
14 Cheryl Cioffari, AICP, Assistant Director of Planning
15
16 Date: September 7, 2023
17
18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
19 Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use/
20 Commercial (MC) for property located at 103301 Overseas Highway, Key Largo, as
21 proposed by Irwin Holdings 103301, LLC (File 2023-081)
22
23 Meeting: October 18, 2023
24
25 I. REQUEST
26
27 On February 3, 2023, the Planning and Environmental Resources Department received an
28 application from Jim Saunders on behalf of Irwin Holdings 103301, LLC (the "Applicant")to amend
29 the Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to Mixed Use/
30 Commercial (MC) for property located at 103301 Overseas Highway on Key Largo (the "Property").
31 The subject of this agenda item is transmittal of the proposed FLUM amendment to State Land
32 Plannin A enc or state review.
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33 �
34 Existing FLUM Designation Proposed FLUM Designation
BOCC SR 10.18.2023 Page 1 of 15
File 2023-081
5346
1 II. BACKGROUND INFORMATION
2 Site Information:
3 Location: MM 103, Key Largo
4 Address: 103301 Overseas Highway
5 Description: Lots 17 and 18, Block 12, Largo Sound Park, according to the plat thereof, as recorded
6 in Plat Book 3, Page 111, of the Public Records of Monroe County, Florida
7 Parcel Identification Number: 00472810-000000
8 Owner/Applicant: Irwin Holdings 103301, LLC
9 Size of Property: 0.3 acres (13,330.2 SF) of upland area per survey by Lincoln Iturrey, P.S.M.
10 signed and sealed on 01/27/2023.
11 FLUM Designation: Residential Medium (RM); pending application to amend to Mixed Use /
12 Commercial (MC)
13 Land Use District: Improved Subdivision-Masonry (IS-M);pending application to amend to Mixed
14 Use (MU)
15 Tier Designation: III
16 Flood Zone: X
17 CBRS: No
18 Existing Use: Office
19 Existing Vegetation/Habitat: Developed Land
20 Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail,
21 Restaurant
22
23 The Property currently has a Land Use District (zoning) designation of Improved Subdivision, with the
24 Masonry subdistrict indicator (IS-M) and Future Land Use Map (FLUM) designation of Residential
25 Medium (RM). The Property was within a BU-1 district (Light Business) prior to September 15, 1986.
26 In 1986, the Property was given the designation of Improved Subdivision (IS). With the adoption of the
27 Comprehensive Plan's FLUM in 1997, the Property was given the FLUM designation of Residential
28 Medium (RM).
29
30 The Property is currently developed with a 2,278 square foot structure according to the Monroe County
31 Property Appraiser(MCPA). The existing structure is permitted to serve as an office.
32
33 The Applicant states that the reason for the proposed FLUM amendment is:
34 "Due to present zoning owner cannot submit building permit to fence area under existing structure.
35 Zoning change requires FLUMto be consistent. "
36
37 Concurrent Applications
38 File 2022-187: A corresponding Land Use District (LUD) Map amendment for the Property, requesting
39 to amend the LUD from Improved Subdivision-Masonry (IS-M)to Mixed Use (MU).
40
41 Community Meeting and Public Participation
42 In accordance with LDC Section 102-159(a), a community meeting was held on June 27, 2023 at the
43 Key Largo Branch Library to discuss the proposed Future Land Use Map (FLUM) amendment and
44 corresponding Land Use District(Zoning) Map and provide for public participation.
45
46
BOCC SR 10.18.2023 Page 2 of 15
File 2023-081
5347
I Prior Relevant BOCC Action
2 The structure that is currently in existence on the property was constructed as a dance studio. This
3 structure received its Certificate of Occupancy on July 26, 1984.
4
5 The 1973-86 Zoning Maps indicate the Property was within the BU-1 Light Business District.
6
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7
8 1973-1986 Monroe County Zoning of Property(highlight),B U-1
9
10 The 1973-86 zoning, BU-1 Light Business District, permitted professional service and retail uses per
11 Section 19-216(a) of the 1973-86 Monroe County Code as depicted below.
12
See. 19-216. BiU-1 light business district.
The district is intended to protect and enhance the areas best
suited for the preservation of businesses related to neighborhood,
tourist,and resort retail sales;and business,personal and profes-
sional services.
(a) Principal uses permitted.-Professional services, *business
services,banks,post offices,ticket offices,answering ser-
vices,family counseling,personal services,drug and sun-
dry stores, tobacco and newsstands, florists, gift shops,
confectionery stores,antique shops,art goods,bric-a-brac
shops,ice cream parlors,curio shops,interior decoration.
furriers,bookstores,restaurants A and B,clothing stores,
jewelry stores,leather goods,photographic galleries,pot-
tery sales(no manufacturing),shoo stores,sporting goods,
tailor shops,fire and burglar ahn ins.
(h) Accessary uses permitted Apartments within the principal
building.
(e) Uses permitted upon special approuat
(1) Retail sales and services not expressly permitted.
13 (2).•B) Reserved.
14
15 The 1986 Pattison Zoning Maps indicate the Property was within the Improved Subdivision (IS) district.
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16
17 1986 Pattison Zoning Map Property(highlight),IS District
BOCC SR 10.18.2023 Page 3 of 15
File 2023-081
5348
I The 1988 "Craig" Zoning (land use) District Maps (effective in 1992) indicate the Property was within
2 the Improved Subdivision-Masonry (IS-M) district. These maps were most recently certified through
3 BOCC Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District
4 Maps making the maps available in digital form on June 20, 2007.
5
It
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7 1988 Craig Zoning Ma ,-Pro er (highlight),_IS-M District
P—Property
8
9 On April 6, 2018, Planning Commission Resolution No. P06-18 was passed and adopted, approving
10 with conditions a Major Conditional Use Permit for the redevelopment, substantial improvement, or
11 reestablishment of the existing nonconforming office use in the IS zoning district. It should be noted that
12 this development did not take place and the Major Conditional Use Permit has since expired.
13
14 On January 20, 2022, a Letter of Understanding was issued by the Senior Director of Planning and
15 Environmental Resources which determined there to be suitable evidence to support the existence of
16 office use prior to and on January 4, 1996. This lawful nonconforming use shall be recognized and
17 added to the Department's official registry. The Property may therefore develop, redevelop, reestablish
18 and/or substantially improve the office use, provided it is limited in intensity, floor area, and to the type
19 of use that existed on January 4, 1996, per LDC Code Section 102-56(a)(2) or the lawfully existing use
20 on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
21 substantial improvements, or be reestablished as an amendment to a major conditional use limited to the
22 permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs
23 for the IS district, whichever is more restrictive, per LDC Code Section 130-83(e). The Letter of
24 Understanding also addressed the proposed expansion of office floor area and stated that the addition of
25 nonresidential floor area, by means of enclosing the first floor of the existing structure, for office use is
26 not consistent with the current FLUM and LUD of the Property.
27
28 III.AMENDMENT REVIEW
29
30 FLUMCategoa Comparisons
31 Existing
32 Policy 101.5.3:
33 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
34 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
35 and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
BOCC SR 10.18.2023 Page 4 of 15
File 2023-081
5349
I have an approved potable water supply, and have sufficient uplands to accommodate the residential
2 uses. Development on vacant land within this land use category shall be limited to one residential
3 dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996.
4
5 Proposed
6 Policy 101.5.6:
7 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
8 establishment of mixed use commercial land use (zoning) districts where various types of commercial
9 retail and office may be permitted at intensities which are consistent with the community character and
10 the natural environment. Employee housing and commercial apartments are also permitted. In addition,
11 Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may
12 include maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
13 institutional,public, and commercial retail uses.
14
15 This future land use category is also intended to allow for the establishment of mixed use development
16 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
17 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
18 continue to take a proactive role in encouraging the preservation and enhancement of community
19 character and recreational and commercial working waterfronts.
20
21 In order to protect environmentally sensitive lands, the following development controls shall apply to all
22 hammocks,pinelands, and disturbed wetlands within this land use category:
23
24 Lonly low intensity commercial uses shall be allowed;
25 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
26 3.maximum net residential density shall be zero.
27 ...Information related to MI zoning district omitted...
28
29 Maximum Density and IntensiLr y Land Use District
30 The table below provides a comparison of the development potential for residential, transient and
31 commercial development of the existing Land Use (Zoning) District as compared to the proposed,
32 amended zoning district. Section 130-156(b) of the Land Development Code states: "The density and
33 intensity provisions set out in this section are intended to be applied cumulatively so that no
34 development shall exceed the total density limits of this article. For example, if a development includes
35 both residential and commercial development, the total gross amount of development shall not exceed
36 the cumulated permitted intensity of the parcel proposed for development."
37
Maximum Development Potential by Land Use District (Zoning) Map Designation
Existing Zoning Type Adopted Development Potential
Standards
Improved Market Rate Allocated 1.0 du/lot 2 du
Subdivision- Density
Masonry(IS-M) TDR/Market Rate 0 0 du
BOCC SR 10.18.2023 Page 5 of 15
File 2023-081
5350
Residential Max. Net
Gross Upland Density
Area: 13,330.2 sf Affordable Residential 0 0 du
/0.3 acres Max. Net Density
Transient Allocated 0 0 du
Buildable Acre: Density
0.24 Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zoning Standards
Mixed Use (MU) Market Rate Allocated 1.0 du/acre 0.3 du
Density
Gross Upland TDR/Market Rate 12.0 du/ 2.88 du
Area: 13,330.2 sf Residential Max. Net buildable acre
/0.3 acres Density
Affordable Residential 12.0 du/ 2.88 du
Buildable Acre: Max. Net Density buildable acre
0.24 Transient Allocated 5 -10 du/acre 1.5 du- 3 du
Density
Transient Max. Net Density 15 -20 du/ 3.6 du-4.8 du
buildable acre
Nonresidential Uses 0.15-0.40 FAR 1,999.5 sf- 5,332.1 sf
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density -1.7 du
Property based TDR/Market Rate Residential Max. Net +2.88 du
on LUD Density
Amendment Affordable Residential Max. Net Density +2.88 du
Transient Allocated Density + 1.5 du - 3 du
Transient Max. Net Density +3.6 du-4.8 du
Nonresidential Uses + 1,999.5 sf- 5,332.1 sf
1
2 As shown in the orange portion of the table, the proposed FLUM amendment with the MU LUD would
3 result in a decrease of allocated market rate density but would result in an increase in TDR/market
4 rate residential maximum net density, affordable residential maximum net density, transient
5 density, and nonresidential intensity.
6
7 Any new residential use on the Property would be subject to the requirements of Chapter 138 of the
8 Land Development Code related to the residential Rate of Growth Ordinance (ROGO) permit process.
9 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
10 LDC Section 138-49.
11
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I The Property currently has a 2,278 square foot nonconforming office. Approval of the requested FLUM
2 amendment and LUD amendment to MU would render the existing office use as conforming with up to
3 3,054.1 square feet of floor area available to expand [dependent on the use].
4
5 Compliance with Comprehensive Plan Policy 101.5.26
6 The proposed FLUM amendment from RM to MC does not result in an increase to residential allocated
7 density and therefore eliminates the need to mitigate under Policy 101.5.26.
8 l k
9 Compatibility with the Surrounding Area �
10 a. Existing Vegetation/Habitat: Developed
11 Land
12 b. Existing Tier Designation: III
13 c. Number of Listed Endangered or Threatened °
14 Species: 0
15 d. Existing Use: Office
16 e. Community Character of Immediate t
17 Vicinity: Residential Offices Commercial
18 Retail, Restaurant ' �
19
20 w f
21
Y
22
23
24 The Property Highlighted in Blue(Aerial Dated 2022)
25
26 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
27 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
28 does not result in a reduction of the level-of-service requirements established and adopted by this
29 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
30 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
31 can be reasonably met.
32
33 Traffic Circulation (Comprehensive Plan Policy 301.L2)
34 The Property is located on Overseas Highway/ U.S. 1 on Key Largo at approximate mile marker 103.
35 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
36 the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of "C" and
37 Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
38
39 A trip generation analysis was not submitted by the Applicant. At the time of development approval, a
40 trip generation analysis will be required to be submitted in order to verify sufficient roadway capacity.
41 According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for
42 Segment 23 is 11,148 trips.
43
44 Potable Water(Comprehensive Plan Policy 701.1.1)
45 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
46 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
47 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
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I The proposed FLUM amendment would decrease permanent allocated residential density beyond what
2 is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS
3 for potable water.
4
5 Solid Waste (Comprehensive Plan Policy 801.1.1)
6 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
7 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
8 waste is handled by private contract.
9
10 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
11 The County has adopted water quality treatment standards for wastewater facilities and within the
12 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
13 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
14 amendment would decrease the permanent, allocated residential density, but increase the maximum net
15 residential density for on the site by 2.88 dwelling units, which could increase the required flow by
16 480.96 gallons per day. The combined average flows of the Key Largo Wastewater Treatment System
17 are 1,970,000 gpd, whereas the plant capacity is 3,450,000 gpd. Any proposed development on the site
18 will either need to connect to the Key Largo Wastewater Treatment District central sewer system or
19 provide on-site sewage treatment and disposal that meets the LOS standards in Policy 901.1.1.
20
21 The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic, potable
22 water, solid waste and sanitary sewer.
23
24 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
25 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING
26 DEVELOPMENT,AND THE MONROE COUNTY LAND DEVELOPMENT CODE
27
28 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
29 County Year 2030 Comprehensive Plan. Specifically,it furthers:
30
31 Goal 101
32 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
33 County residents and visitors, and protect valuable natural resources.
34
35 Objective 101.3
36 Monroe County shall regulate new residential development based upon the finite carrying capacity
37 of the natural and man-made systems and the growth capacity while maintaining a maximum
38 hurricane evacuation clearance time of 24 hours.
39
40 Objective 101.4
41 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
42 the needs of the future population of Monroe County.
43
44
45
46
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I Objective 101.5
2 Monroe County shall regulate future development and redevelopment to maintain and enhance the
3 character of the community and protect natural resources by providing for the compatible
4 distribution of land uses consistent with the designations shown on the Future Land Use Map.
5
6 Policy 101.5.6
7 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
8 the establishment of mixed use commercial land use (zoning) districts where various types of
9 commercial retail and office may be permitted at intensities which are consistent with the
10 community character and the natural environment. Employee housing and commercial apartments
11 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
12 conserve areas of mixed uses, which may include maritime industry, light industrial uses,
13 commercial fishing, transient and permanent residential, institutional, public, and commercial retail
14 uses.
15
16 This future land use category is also intended to allow for the establishment of mixed use
17 development patterns, where appropriate. Various types of residential and nonresidential uses may
18 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
19 The County shall continue to take a proactive role in encouraging the preservation and enhancement
20 of community character and recreational and commercial working waterfronts.
21
22 In order to protect environmentally sensitive lands, the following development controls shall apply
23 to all hammocks,pinelands, and disturbed wetlands within this land use category:
24
25 Lonly low intensity commercial uses shall be allowed;
26 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
27 3.maximum net residential density shall be zero.
28 ...Information related to MI zoning district omitted...
29
30 Policy 101.5.25
31 Monroe County hereby adopts the following density and intensity standards for the future land use
32 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
33
Future Land Use Densities and Intensities
Residential(i> Nonresidential Minimum
Future Land Use Open Space
Category And Maximum Net DensityRatio(0
Corresponding Allocated Density(a) (a)(b) Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
1 du 2 du(MI)
Mixed (DR,MU,MI) 6-18 du(SC)(k) 0.10-0.45
Use/Commercial 3 du(SC) 12 du(UC) (SC,UC,DR,MU)
(MC)MW 6 du(UC)
(SC,UC,DR,RV, Commercial Apartments 12-18 du(ML7)(k) <2,500 SF (RV)
MU and MI (RV)(li) 18 du(DR) 0.20
zoning) 10 25 rooms/spaces 0.30-0.60(MI)
5-15 rooms/spaces
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Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net
density without the use of TDRs."N/A"means that maximum net density bonuses shall not be available. Buildable
acres means the portion of a parcel of land that is developable and is not required open space.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases,the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public
Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or
existing zoning districts as appropriate.
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be
permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and
Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future
land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair,
boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the
property,adjacent to the shoreline,pursuant to Policy 101.5.6.
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in
existence on the site,whichever is less.
(i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1
dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum
net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted
nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future
land use designation for platted lots which have a duplex that was lawfully established prior to September 15,
1986.
(k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre
for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.
For the UR zoning district market rate housing may be developed as part of an affordable or employee housing
project with a maximum net density not exceeding 18 du/buildable acre.
(1) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count
when calculating density.
1
2 Objective 101.8
3 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
4 applicable provisions of the land development regulations, zoning districts, Future Land Use
5 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
6 important part of the community character and the County desires to maintain such character and
7 protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
8 [F.S. § 163.3177 (6)a.2.e.]
9
10 Policy 101.8.2
11 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new
12 use conforms to all applicable provisions of the Future Land Use category and zoning district in
BOCC SR 10.18.2023 Page 10 of 15
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I which it is located, except as provided for existing lawfully-established residential uses within Policy
2 101.5.29.
3
4 Policy 101.8.7
5 Monroe County shall maintain Land Development Regulations which allow nonconforming
6 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
7 existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or substantially
8 improve provided that the use is limited in density/intensity, floor area, and to the type of use that
9 existed on January 4, 1996.
10
11 Objective 101.19
12 Monroe County shall address local community needs while balancing the needs of all Monroe
13 County communities. These efforts shall focus on the human crafted environment and shall be
14 undertaken through the Livable CommuniKeys Planning Program.
15
16 Policy 101.19.2
17 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
18 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
19 Plans have been completed in accordance with the principles outlined in this section and adopted by
20 the Board of County Commissioners:
21 ...
22 The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
23 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
24 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only
25 the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent
26 to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
27 checkmark next to them are not considered to be consistent with the definitions of "Objective" and
28 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
29
30 Goal 102: Monroe County shall direct future growth to lands which are most suitable for
31 development and shall encourage conservation and protection of environmentally sensitive lands
32 (wetlands, beach berm and tropical hardwood hammock).
33
34 Policy 105.1.3
35 Monroe County shall, through its development standards and Land Development Code, continue to
36 foster the retention and redevelopment of small businesses on the U.S.1.
37
38 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
39 Specifically it furthers:
40
41 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
42 of individual parcels with respect to density, intensity, bulk regulations, and all other land
43 development regulation. This will protect the existing conformance status of most uses and promote
44 orderly development consistent with the Comprehensive Plan.
45
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I Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
2 planning area where appropriate.
3
4 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
5 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
6 comprehensive planning principles and the following community-goal related criteria:
7 a. Promote infill, design flexibility and transfer of density to Community Centers
8 b. Preserve commercial conformance status within sections along US-1 predominated by
9 existing commercial businesses and disturbed lands.
10 c. Encourage sun-setting of intensive commercial uses within sections along US-1
11 predominated by natural habitat or native-dominated landscape, relatively sparse
12 development and relatively few businesses.
13 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
14 economy.
15 e. Give consideration to whether the property provides a unique or outstanding opportunity for
16 enhancement of design, connectivity and other community goals, especially along the US-1
17 corridor.
18
19 C. The BOCC may consider the adoption of an ordinance enacting the proposed map and text
20 amendments to this Land Development Code based on one or more of the following factors:
21
22 1. Changed projections (e.g., regarding public service needs) from those on which the existing
23 text or boundary was based;
24
25 Per the Applicant: "No Change"
26
27 2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing
28 text or boundary was based;
29
30 Per the Applicant: "No Change"
31
32 3. Data errors, including errors in mapping, vegetative types and natural features which
33 contributed to the application of the existing text or boundary;
34
35 Per the Applicant: "No Change"
36
37 The structure that is currently in existence on the Property was constructed as a dance studio. This
38 structure received its Certificate of Occupancy on July 26, 1984. As described in the relevant prior
39 County actions section of this Report, the 1973-86 Zoning maps indicate the Property was within the
40 BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District permitted
41 professional service and retail uses per Section 19-216(a) of the 1973-86 Monroe County Code. The
42 adoption of the revised and use district maps and code in 1986 rendered the previously existing
43 lawful use nonconforming.
44
45 4. New issues which arose after the application of the existing text or boundary;
46
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I Per the Applicant: "Owner cannot pull a building permit to fence area under his existing structure to
2 secure his equipment inventory. "
3
4 A nonconforming office use is currently in existence on the Property. Monroe County Land
5 Development Code Section 130-83(d) allows lawfully established nonresidential uses which were
6 rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land
7 development regulations that were in effect immediately prior to the institution of the 2010
8 Comprehensive Plan (pre-2010 LDRs, Section 9-212) and lawfully existed on such lands on January
9 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial
10 improvements, or be reestablished as an amendment to a major conditional use, subject to the
11 standards and procedures set forth in chapter 110, article III. These standards include the use is
12 limited in intensity, floor area, density and to the type of use that existed on January 4, 1996,
13 or limited to the permitted uses and/or the provisions for minor or major conditional uses
14 allowed in the pre-1996 LDRs for this district,whichever is more restrictive.
15
16 The new issue to which the Applicant is referring, is the Applicant's intention to expand the
17 nonresidential intensity by means of enclosing the ground floor of the existing office building. In
18 order to allow an expansion of the nonresidential use, the Property's FLUM category and land use
19 designation would need to be amended to a category and district that would allow the proposed
20 increase in floor area.
21
22 5. Recognition of a need for additional detail or comprehensiveness;
23
24 Per the Applicant: "No Change"
25
26 6. Data updates; or
27
28 Per the Applicant: "No Change"
29
30 7. Consistency with the Comprehensive Plan and the principles for guiding development as
31 defined in Section 380.0552, Florida Statutes.
32
33 As described throughout this report, staff finds the proposed map amendment consistent with the
34 Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
35 Florida Statutes.
36
37 D. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must
38 also consider the analyses identified in Chapter 163, Florida Statutes and must find that the
39 amendment is consistent with the principles for guiding development as defined in Section
40 380.0552, Florida Statutes.
41
42 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
43 the principles for guiding development and any amendments to the principles, the principles shall be
44 construed as a whole and no specific provision shall be construed or applied in isolation from the
45 other provisions.
46
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I (a) Strengthening local government capabilities for managing land use and development so that
2 local government is able to achieve these objectives without continuing the area of critical
3 state concern designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
5 seagrass beds,wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
7 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
8 beaches, wildlife, and their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
10 economic development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
12 Keys.
13 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
14 environment, and ensuring that development is compatible with the unique historic character
15 of the Florida Keys.
16 (g) Protecting the historical heritage of the Florida Keys.
17 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
18 proposed major public investments, including:
19 1. The Florida Keys Aqueduct and water supply facilities;
20 2. Sewage collection, treatment, and disposal facilities;
21 3. Solid waste treatment, collection, and disposal facilities;
22 4. Key West Naval Air Station and other military facilities;
23 5. Transportation facilities;
24 6. Federal parks, wildlife refuges, and marine sanctuaries;
25 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
26 properties;
27 8. City electric service and the Florida Keys Electric Co-op; and
28 9. Other utilities, as appropriate.
29 (i) Protecting and improving water quality by providing for the construction, operation,
30 maintenance, and replacement of stormwater management facilities; central sewage
31 collection; treatment and disposal facilities; and the installation and proper operation and
32 maintenance of onsite sewage treatment and disposal systems.
33 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
34 operation of wastewater management facilities that meet the requirements of ss.
35 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
36 central wastewater treatment facilities through permit allocation systems.
37 (k) Limiting the adverse impacts of public investments on the environmental resources of the
38 Florida Keys.
39 (1) Making available adequate affordable housing for all sectors of the population of the Florida
40 Keys.
41 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
42 a natural or manmade disaster and for a postdisaster reconstruction plan.
43 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
44 maintaining the Florida Keys as a unique Florida resource.
45
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I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
2 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
3
4 E. In no event shall an amendment be approved which will result in an adverse change in
5 community character to the sub-area which a proposed amendment affects or to any area in
6 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
7
8 The proposed Future Land Use Map amendment is not anticipated to result in an adverse change the
9 community character of the surrounding area of the Property as the Property has contained a
10 nonresidential use for almost 40 years.
11
12 V. PROCESS
13
14 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
15 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
16 to file an application with the Planning Director accompanied by a nonrefundable application fee as
17 established from time to time by the BOCC to defray the actual cost of processing the application. After
18 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
19 with a recommendation of approval or denial to the Development Review Committee for review and
20 comment. Staff shall make a recommendation to the Planning Commission.
21
22 The Planning Commission shall review the application, the reports and recommendations of the
23 Planning and Environmental Resources Department, the comments of the Development Review
24 Committee, and the testimony given at the public hearing, and shall submit its recommendations and
25 findings to the BOCC.
26
27 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
28 Environmental Resources Department staff, and the testimony given at the public hearings.
29
30 VII. STAFF RECOMMENDATION
31
32 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
33 Mixed Use/Commercial (MC) for property located at 103301 Overseas Highway, Key Largo.
34
35 VIII. EXHIBITS
36 1. 11"X 17"Map Series FLUM Amendment
37 2. Development Review Committee Resolution No. DRC 13-23
38 3. Planning Commission Resolution No. P 31-23
39 4. Transmittal Resolution to State Land Planning Agency
40 5. Draft Ordinance
41
BOCC SR 10.18.2023 Page 15 of 15
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3 MONROE COUNTY,„ FLORIDA
4. DEVELOPMENT REVIEW COMMITTEE
5 RESOLUTION NO. DRC -23
6
7 A RESOLUTION BY °]TIE: DEVELOPMENT REVIEW
8 COMMITTEE TTEa EC O .E<N. ING APPROVAL OF AN
9 ORDINANCE Y THE MONROE COUNTY BOARD D OF COUNTY
10 COMMISSIONERS AME NDING THE MONROE COUNTY
11 FUTURE LAND USE; MAP FROM RESIDENTIAL MEDIUM (.
12 TO MIXED USE/ COMMERCIAL (MC) FOR PROPERTY
RTY
13 LOCATED AT 103301 OVERSEAS HIGHWAY, KEY LARGO,
14 MILE MARKER 103, HAVING PARCEL L IDENTIFICATION
15 NUMBER 00 72 I. - 00000;AS PROPOSED D IN HOLDINGS
96 1-03301., LLC PROVIDING FOR SEV BILITY; PROVIDING
17 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
18 FOR TRANSMITTAL TO THE STATE LAND PLAN.NINI..�
19 AGENCY AND THE SECRETARY AIRY STATE; PROVIDING FOR
20 AMENDMENT TO THE LAND USE DISTRICT T (ZONING) MAP;
21 PROVIDING FOR AN EFFECTIVE DATE (FILE 2 2 - 1)
22
23
24 tititititi �
25 WHEREAS,on February 3, 2023,the Planning and Environmental Resources Department
26 received an application from Irwin Holdings 103301,LLC; (the 46A.pplicant")to amend the Monroe
27 County Future ]Land Use Map (F'EUM) from Residential Medium (RM) to Mixed Use/
28 Commercial (MC) for property located at .103301 Overseas Highway, Key barge(the"Property");
29 and
30 WHEREAS, the Applicant has also requested a corresponding Land Use District (LUD)
31 map amendment for the subject property from Improved Subdivision-Masonry (I ... ) to Mixed
32 Use (MU); and
33
34 WHEREAS,, the Monroe County Devclopmept Review Committee ( RQ considered the
35 proposed map amendments at a regularly scheduled meeting held on the 271n day of June 2023,
36 and
37 WHEREAS, the Memorandum dated June 15, 2023 completed by Kevin To.lpin, AICP,
38 C'.]FM, Principal ]Planner and Cheryl Cioffari, AIC°1P, Assistant Director o1 Planning, recommends
39 approval of the proposed Future ]Land Use Map amendment; and
40
41 WHEREAS, based upon the information and documentation submitted, the Development
42 Review Committee Chair found:
Resolution No, DRC 13,23
File 2023-09 b Page U of 2
tG
L0
I 14 The proposed FLUM amendment is not anticipated to adversely impact the community
2 character of the surrounding area;
3 2. The proposed FLUM amendment is not anticipated to adversely impact the
4 Comprehensive Plan adopted Level of Service (LOS);
5 3. 'rhe proposed FLUM amendment is consistent with the Goals, Objectives and Policies
6 of the Monroe County Year 2030 Comprehensive Plan;
7 4. The proposed FLUM amendment is consistent with the Key Largo Livable
8 CommuniKeys Plan;
9 5. The proposed FLUM amendment is consistent with the Principles for Guiding
10 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
I I and
12 6. The proposed FLUM amendment is consistent with Part II of Chapter 163, Florida
13 Statutes (F.S.).
14
15 NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
16 COMMITTEE OF ON DE COUNTY,FLORIDA that the information provided in the staff
17 report and discussed at the June 27, 2023 meeting supports the Chair's decision to recommend
18 approval to the Planning Commission and Board of County Commissioners.
19
20 41
21 Date
—--——----------------------- .......................... ....... .................
22 Emily Schemper, AICP, CFM
23 Senior Director of Planning & Environmental Resources
24
25 1 HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
26 and in the County aforesaid, to take acknowledgments, personally appeared Emily Schemper, to
27 me known to be the person described in and who executed the foregoing instrument and she
28 acknowledged before me the she executed the same,
29
30 WITNESS my hand and official seal in the County and State last aforesaid this �19 day of
31 2023.
32
33 NOTARY PUBLIC STAT' )F FLORIDA
I
11LZE GUILA
Notary Pubk,A state of Mrida
Coynm4flon#HH 030716
my Comm.Exp4vs Oct 31,2024
Bonded through NadoiW Notary Assn.
Resolution No. DRC 13 23
File 2023 031 Page 2 of 2
2
MONROE COUNTY, FLORIDA
t 1' ONITOE COUNTY PLANNING COMMISSION RESOLUTION NO. P31-23
6 A RESOLUTION BY °TUE MONIdOE COUNTY PLANNING
6 COMMISSION RECOMMENDING ME".NTDING I''I"ItCDVAL OF AN
8 ORDINANCE AMENDING THE Ctb° ONROE COUNTY FUTURE
9 LAND I1SE MAP FIECDM RESIDENTIAL MEDIUM (RM) TO
10 `1ENENID USE/C"CDMMERC"IAA, (MC), FOR PROPER] LOCATED
D
I AT 1.CD3301 OVERSEAS 1-1IC;1HW Y,KEY LARGO, APPROXIMATE
12 MILE; MARKER 103, C:"UR IE;NT ,)� HAVING T'ITCDE'"E RIA'
13 II)ENTIII"IBC"ATION NUMBER 004 2810_IN0CI000, AS PROPOSED BY
14 IRWIN HOLDINGS 103301, LI,(," PROVIDING FOR
15 SIB:VE;RABILITY; PROVIDING FOR REPEAL OF CONFLICTING
16 PROVISIONS; PROVIDING FOR°T'I~I NSMI ITAL TO THE S"1" "C"u'
17 LAND PLANNING AGENCV AND 111E SECRETARY OF STATE;
18 PROVIDING FOR AMENDMENT TO THE I$I1"I"1ARE LAND USE;
19 MAP; PROVIDING FOR AN EFFECTIVE DATE .
20
2,1
22 WHEREAS, on Fcbraraar.Y .3, 2023, the Monroe County Plarining and E► virea►a►aae maul
23 ReSOUNCS Department aart► ent received an. application. from Irwin Flealclings 103301„ 1,1.,C:' (they
24 "Applicant") to amend tire Monroe~ Ccru►aty Future Larael (-.)se Map ("FU..,1M„) 1"reams Residential
2.5 Me irlu-aa ("R.M ",) to Mixed >1..se/ Commercial (-M(1") for proplerty located at 103301 (),verseas
26 1li l way, Key Largo (the -property"); and
7
28 WHEREAS,tire: Applicant has also requested as corresponding [.,and Use District ("1.,11 )")
29 Map ameaaelraae nt for the subject Property li•erraa Iraalarove d Subdivision-Masonry ("IS-1 1") to Mixed
11) 1 wse ("'MU" and
1
32 WHEREAS,S, the Idea►aroe: County Development Review Ci"omrraitteeu (` D C_-) considered
3 they proposed map aanae;►aelnrae nts at a regularly scheduled ineeting, held on Junes 27, 023—, acid
:rist
35 WHE*ETIY.AS, on June 2 ,, 2023, the Chair of the l tRC:` signed d Resolution solution Nos. DR(' 1 m7
36 and DRC'" 1 3-° 3. recommending I'E'R(:DVAL of the prc)1'aosed aa.aae►aclraae►at to (lie Land 1 1se
37 District Map and FLIture (,and Use Map to the: Planning Co►rar fission arid Board calve C."e:U1`ny
38 Ccarnmissiea►aedrs. areal
9 WHEREAS,S, on June 27, 202, 1, the Applicant held ar corraaaraumIty nrraetirr a�; required by
40 Mca►.a►eaeu C'OUntyr Land Development C"cade (-1..DC—' or "Code") Section 107-158(aa) to discuss the
" Monroe(:rrmq► 'Plaaranin and Cnvr ironrraeantat Resaoamrces Depaea-aanent f"H o ;2"C123-081.
1 cat'3
5364
I proposed FLUNI arnenchrient aancl the corresponding Land Use District Map ailiendment, and
2 provide for public articipation; and
P
3
4 WHUIREAS, the Memorandurn elated July 20. 202.3 conipleted by principal Planner Devin
5 Tolpin, A.I.C.P., C.F.M., and Assistant Director of Planning Cheryl Cioffari,
6 recommends approval of the proposed Future Land I Ise Map aniendt'nent, and
7
8 WHEREAS, the Nlonr0e ('ounty Planning Commission (**Planning (_'ommission-) held as
9 pu hl ic hearing on the 23"° da,v of AU&'Ust, 202 3, for review and recon,imendation on the proposed
10 Fl-JJM amendment: anti
I t WHEREAS, based upon the, infiorniation and docurnent,ation submitted, the Planning
12 ('0111111iSSiOu R)LInd:
t3
114 1. Hie Proposed l"LUM amendment is not anticipated to adve'i sely impact the corn I'll U r1ity
15 character of the SUrML[nding area;
16 2 The proposed 1-TAIM amendment is not anticipated to adversely irnpact the
17 Comprehensive Plan adopted Level of Service (JA.)S");
18 3. The proposed ITtAll amendinent is consistent with the Goals. Ob�jectives aid Policies
19 of the Monroe ("taunt y Fear 2030 Comprehensive Plan;
2,0 4 fhe proposed FLfw M. amendment is consistent with the Key Largo Livable
21 ('ornrnuni Keys Plam,
22 5, The proposed H-UN4 aniendment is consistent with tile Principles fior Guiding,
23 L)evelopmenr for the 11orida Keys Area, Vha- Stal. § 380.0552(7), and
24 6 r11b, proposed l"1.,11N4 amendment is consistent Nvith Part 11 ol' Chapter 163. 1"lorida
25 statutes.
26
27 NOW 'I'll EREFORE, BE rr RESOLVED BY TI4F PL,ANINING COMMISSION OF
29 MONROE COUNTY, FLORIDA:
29
30 Section M. Recitals. "I'lie foregoing recitals, findings of flact, and conclusions ofktv are
31 true and correct and are hereby incorporated as if fully set forth herein, arid the record of this
32 prOceeding is, hereby incorporated as if"fully stated herein.
33
34 Section 2. They onroe County Planning Commission has duly, considered the entirety
35 ofthe record before it.
-6
37 Section 3. The Monroe ounty Planning ("onitnission, concurs with the detailed
38 recornmendation(s), findings and conclusions offilct and law ofthe Monroe County Planning and
3 1"Invironmental ReSOL[rccs Departnictit's professional staff, inClUding but not limited to the
40 test itnon ial and documentary findings, arid conclusions of fact and law of the Department's,
41 testifying prot'essional staff and the Department's professional staff report, and adopts these as
42 additional findings of fact and conclusions oflaw, ol*flie Planning (7ornmission"s own.
43
44 Section 4. Following considered revie%v of" the full record before it. based Upon
45 competent SUbstantial evidence in the recc)rd. more particularly rcfierenced above in the foregoing
46 prefatory and operative recitals, prefiltory and operative findings of fact, and prefatory and
20 3
5365
I operative conclusions of law, all detailing said eN[idencc, the Monroe County 11hanning
2 (,ornrnission hereby recomiriends APPROVAL of. the proposed 11-UM Aniendment to the
3 Monroe, County Board of'County Commissioners.
4
5 Section 5. Construction and Interpretation!. This Resolution and its interpretatlon
6 shall be liberally construed in favor of the Monroe County Planning C01111nission and Monroe
7 ("ounty Board Of COLInty COLYInlissioners ('130(11 1 C") and Stich interpretation shall be entitled to
8 great weight in adversarial administrative proceedings, at trial. on ap p cal, and in any/all
9 bankruptcy proceedii!,igs. 'I'lle interpretation of Monroe County Cornprehensive Plan pr,ovision(s),
10 Florida BUilding Code, I'lorida Statutes, and, Monroe ounty Code(s) provision(s) whose
I I interpretation arises out of', relates to, or is, interpreted in connection with this Resolution shall be
12 liberally construed and enforced in ["avor ofthe Monroe County Planning Cornmission and 130(''C
13 and such interpretation shall be entitled to great weight in adversarial administrative proceedings.
14 at trial, on appeal, and in bankruptcy proceedings.
15
16 Section 6. Captions and Paragraph Headings. Captions and paragi-aph headings,
17 where Used herein, are inserted l"or convenience only and are not intended to descriptively finlit
t8 the scope and intent ofthe particular Paragraph or text to which they refer.
19
20 PASSED AND ADorrED BY THE PLANNING COMMISSION of`Monroe COU'Llty,
21 Florida, at a regular inecting held on the 23rd day of*August, 2023.
22
23 Joe Scarpelli, Chair Y S
24 Ron Denies, Vice Chair E S
25 George Neugent, Commissioner Y 1"'s-
26 Rosemary 1,'hornas, ommissi()ner Y11's
27 David Ritz, Commissioner Y11s
28
29 ICI. ANNINC C',OMMISSION OF MONROE, COUYUY, FLORIDA
30
31 BY: 61
32 Monroc lotlynt , Ia`IAI;I(-I Joe Scarpelli
11
-)3
34 Signed thisZIJI .-I day 2023
15
36 UE AGUR-A
state o0f Florida
17 Notary Pubh,c
Comrj�jsion RH 050716
My Comm,,Expels 31,2024 'A OF ILOR I DA
3ttNotar�AsM NO 'ARY I 131-IC, STAIT
ded through sat,anal Notar�Assn�
39 Eonml g
40 Monroe County Planning Commission COULISc" F11,..E—D WITH "rHE
4� JVVed A s To l'0 rn,
42
43
44 (1 Y( i'j, W o I f V, Es q A UG 2 3 20,23
45 Date:
AGEIN C"'Y CLERK
3 of 3
5366
Exhibit A to Resolution
1 � �
2 �
3 ' V,
4 \ a
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2023
10
11
12 AN ORDINANCE BY THE MONROE C OARD OF
13 COUNTY COMMISSIONERS AMENDI T ONROE
14 COUNTY FUTURE LAND USE MA RE NTIAL
15 MEDIUM (RM) TO MIXED USE/ RCIAL ( OR
16 PROPERTY LOCATED AT 103301 ERSE S HIGHWA Y
17 LARGO, MILE MARKER „uu„imiillllll H ING PAR
18 IDENTIFICATION NUMBER 00472 0 S PROPO D
19 BY IRWIN HOLDINGS 103301, L PROVIDING FOR
20 SEVERABILITY; PROVI G FOR REPE F CONFLICTING
21 PROVISIONS; PROVIDI R TRANS AID TO THE
22 STATE LAND PLANNING ND THE ETARY OF
23 STATE; PROVIDING FOR ME T T HE FUTURE
24 LAND USE MAP; PRO I N EFFECTIVE
26 DATE (FIL IIIII 1> IIIIIIII
27 mupllllllll
28 WHEREAS, o bru 3 2023, thkilloldings
�lanning and Environmental Resources
29 Department received an a " � ����������� 103301, LLC (the "Applicant") to
30 amend the ty F Land ap (FLUM) from Residential Medium (RM) to
31 Mixed Comme C) operty located at 103301 Overseas Highway, Key Largo
32 (the 1' erty"); and �� uii"j1p0�
33
34 W AS, the Ap ant ha° s also requested a corresponding Land Use District(LUD)
35 Map amendm r the subj property from Improved Subdivision-Masonry (IS-M) to Mixed
36 Use (MU); and
37
38 WHEREAS, une 27, 2023, the Applicant held a community meeting, as required by
39 Monroe County Lan evelopment Code ("LDC" or "Code") Section 102-158(a) to discuss the
40 proposed FLUM amendment and the corresponding Land Use District Map amendment, and
41 provide for public participation; and
42
43 WHEREAS, the Monroe County Development Review Committee (DRC) considered
44 the proposed map amendments at a regularly scheduled meeting held on June 27, 2023; and
45
5367
I WHEREAS, on June 29, 2023, the Chair of the DRC signed Resolution Nos. DRC 12-23
2 and DRC 13-23, recommending APPROVAL of the proposed amendments to the Land Use
3 District Map and Future Land Use Map to the Planning Commission and Board of County
4 Commissioners; and
5 WHEREAS, at a regularly scheduled meeting held on August 23, 2023, the Monroe
6 County Planning Commission held a public hearing for the purpose of considering the proposed
7 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan
8 and the proposed Zoning map amendment for the Property, and provided for public comment;
9 and
10
11 WHEREAS, the Monroe County Planning Commissio d Resolution Nos. P30-23
12 and P31-23 recommending APPROVAL of the proposed a die the Land Use District
13 Map and Future Land Use Map to the Board of County C m loners;
15 WHEREAS, at a regular meeting held on 18'h day of October, 3, the Monroe
16 County Board of County Commissioners held a hearin o consider the ttal of the
17 proposed amendment, considered the staff report an vid public com t and public
18 participation in accordance with the requirements of s an the procedures adopted for
19 public participation in the planning proc„l, s; and
20
21 WHEREAS, at the October 18, 2 hearing, th adopted Resolution No.
22 -2023, transmitting the amendment to t Sta fanning ncy; and
23 111111111°°u
24 WHEREAS, the S nd Planning cy revs the amendment and the County
25 received its Objections co dations and omments RC) report on ;
26 and jjj
27 °
28 WHEREASthe e and
29
30 RE in response to the ORC report,
31 uu ; and
32 muuuuuu
33 EAS, at a re rly s eduled meeting on the day of the
34 BOCC held is hearing onsider adoption of the proposed FLUM amendment;
35
36 NOW, THERE T ORDAINED BY THE MONROE COUNTY BOARD OF
37 COUNTY COMMI ERS:
38
39 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is
40 amended as follows:
41
42 The property located at 103301 Overseas Highway, Key Largo, is changed from
43 Residential Medium (RM)to Mixed Use/ Commercial (MC) as shown on Exhibit
44 1, attached hereto and incorporated herein.
45
Ord.No. -2023
File 2023-081 Page 2 of 3
5368
I Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
2 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
3 validity.
4
5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
6 with this ordinance are hereby repealed to the extent of said conflict.
7
8 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
9 State Land Planning Agency pursuant to Chapter 163 and 380 Florida tutes.
10
11 Section 5. Filing and Effective Date. This ordinance shal filed in the Office of the
12 secretary of the State of Florida but shall not become effec ' notice is issued by the
13 State Land Planning Agency or Administration Comm' on fi the amendment in
14 compliance, and if challenged, until such challenge is r e ursuant �apter 120, Florida
15 Statutes.
16
17 Section 6. Inclusion in the Com rehensi The regoing amen uit shall be
18 incorporated in the Monroe County Comprehensive n c ' ed on the Land Use
19 Map.
20 "'i�llll
21 PASSED AND ADOPTED by t d of County issi ners of Monroe County,
22 Florida, at a regular meeting held on the
uuuj0"
23
24
25 II Mayor C IIIIIIIIICates
26 Mayor Pro m Holly Merrill Raschein
27 uumiiil Commission chelle Lincoln
28 ommissione krmes Scholl
29 David Rice
3o II °°°°°°°°°iiii�������lllllllllllllllllllllllllllll
32 uu�llllllll uu11ppp0 BOARD OF COUNTY COMMISSIONERS
33 OF MONROE COUNTY, FLORIDA
34
35 By:
36 MAYOR CRAIG CATES
37
38 (SEAL)
39
40 ATTEST: KEVIN MADOK, CLERK
41
42
43 AS DEPUTY CLERK
Ord.No. -2023
File 2023-081 Page 3 of 3
5369
2 � r
3 r�
5
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2023
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
14 AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF
15 COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
16 FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO
17 MIXED USE/ COMMERCIAL (MC) FOR PROPERTY LOCATED AT
18 103301 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 103,
19 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER
20 00472810-000000; AS PROPOSED BY IRWIN HOLDINGS 103301, LLC;
21 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
22 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
23 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE
25 MAP; PROVIDING FOR AN EFFECTIVE DATE.'
26
27 ---------------------------------------------------------------------------------------------------------------------
28
29 WHEREAS, the Monroe County Board of County Commissioners conducted a public
30 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
31 Process in Section 163.3184(4),Florida Statutes,to the State Land Planning Agency for objections,
32 recommendations and comments, and to the other Reviewing Agencies as defined in
33 Section 163.3184(1)(c), Florida Statutes,for review and comment on a proposed amendment to the
34 Monroe County Comprehensive Plan as described above; and
35
36 WHEREAS,the Monroe County Board of County Commissioners supports the transmittal
37 of the requested Future Land Use Map amendment;
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. The Board of County Commissioners does hereby approve the transmittal of the
43 draft ordinance, attached as Exhibit A.,for review of the proposed Future Land Use
44 Map amendment.
45
1 Monroe County Planning and Environmental Resources Department File No.2023-081.
Resolution -2023 Page 1 of 2
BOCC Transmittal:File 2023-081
5370
46 Section 2. The Board of County Commissioners does hereby transmit the proposed
47 amendment to the State Land Planning Agency for review and comment in
48 accordance with the State Coordinated Review process pursuant to Section
49 163.3184(4), Florida Statutes.
50
51 Section 3. The Monroe County staff is given authority to prepare and submit the required
52 transmittal letter and supporting documents for the proposed amendment in
53 accordance with the requirements of Section 163.3184(4), Florida Statutes.
54
55 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
56 resolution to the Director of Planning.
57
58 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
59 Florida, at a regular meeting held on the 181h day of October, 2023.
60
61 Mayor Craig Cates
62 Mayor Pro Tem Holly Merrill Raschein
63 Commissioner Michelle Lincoln
64 Commissioner James Scholl
65 Commissioner David Rice
66
67
68
69 BOARD OF COUNTY COMMISSIONERS
70 OF MONROE COUNTY, FLORIDA
71
72 By:
73 Mayor Craig Cates
74
75 (SEAL) MONnOE COUNTY ATTORNEY
API E
76 ST I
RM
77 ATTEST: KEVIN MADOK CLERK Daw
/3%23
78
79
80 AS DEPUTY CLERK
81
Resolution -2023 Page 2 of 2
BOCC Transmittal:File 2023-081
5371
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