Item Q5 Q5
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: Q5
2023-1570
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 103925, 103935, 103945, 103955, 103965
Overseas Highway, Key Largo, as proposed by Abit Holdings, LLC (File No. 2019-029).
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department received an amended
application on May 30, 2023, from David Thompson on behalf of Abit Holdings, LLC (the
"Applicant") to amend the Monroe County Future Land Use Map (FLUM) designation from Residential
Medium(RM) to Mixed Use/Commercial(MC) for five(5)platted lots on U.S. Highway 1, situated at
approximate mile marker 104 in Key Largo. The property is legally described as Block 7, Lots 9-13,
Largo Sound Village. The Applicant has also requested a corresponding Land Use District(Zoning)
map amendment for the subject property from Improved Subdivision(IS) to Suburban Commercial
(SC). The subject of this agenda item is transmittal of the proposed FL UM amendment to State Land
Planning Agency for state review.
Site Information:
Location: MM 104, Key Largo
Address: 103295, 103935, 103945, 103955, 103965 Overseas Highway
Description: Block 7, Lots 9-13, Largo Sound Village (Plat Book 4, Page 92)
Parcel Identification Numbers: 00475240-000000; 00475250-000000; 00475260-000000, 00475270-
000000 and 00475280-000000
Owner/Applicant: Abit Holdings, LLC
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Size of Property: 31,115.9 SF (0.741 acres)per survey by Lincoln Iturrey, P.A., Professional Land
Surveyors and Mappers, dated 7/24/13.
FLUM Designation: Residential Medium (RM);pending application to amend to Mixed Use/
Commercial(MC)
Land Use District: Improved Subdivision(IS); pending application to amend to Suburban Commercial
(SC)
Tier Designation: III
Flood Zone: X
CBRS: No
Existing Use: Vacant
Existing Vegetation/Habitat: Undeveloped Land
Community Character of Immediate Vicinity: Adjacent land uses include vacant land and residential
uses to the east and south; commercial uses to the north and west (across US 1).
The Applicant states that the reason for the proposed FLUM amendment is:
"to allow for various types of residential and non-residential uses, excluding industrial and similar
uses". The Applicant's full explanation and justification of the proposed amendment is included in the
file for the application (File# 2019-029)
Concurrent Applications
File No. 2019-028: A corresponding Land Use District(LUD) Map amendment for the Property,
requesting to amend the LUD from Improved Subdivision(IS) to Suburban Commercial (SC).
Community Meeting and Public Participation
In accordance with LDC Section 102-159(a), a community meeting was held on August 26, 2019, to
discuss the proposed Future Land Use Map (FLUM) amendment and corresponding Land Use District
(Zoning) Map amendment and to provide for public participation. There were approximately 37 people
in attendance who provided feedback on the item. Issues identified included: limiting the development
to high-end single-family residences, concern regarding the increased density and affordable housing.
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
November 18, 2019 and received public input. On November 21, 2019, the Chair of the DRC signed
Resolution Nos. DRC 13-19 and DRC 14-19, recommending APPROVAL of the proposed
amendments to the Land Use District Map and Future Land Use Map to the Planning Commission and
Board of County Commissioners
Planning Commission and Public Input
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On November 19, 2019, the Planning Commission(PC) considered the proposed FLUM amendment,
provided for public comment and recommended DENIAL through PC Resolution No. P52-19. Staff
had recommended approval of the proposed FLUM change, as it was consistent with the Goals
Objectives and Policies of the Monroe County Comprehensive Plan, did not adversely impact
concurrency standards,provided nonresidential uses and affordable housing uses and density. Per
Resolution P52-19, the Planning Commission's recommendation of denial was due to: (1) the proposed
FLUM is anticipated to adversely impact the community character of the surrounding area and(2) the
proposed amendment may result in an adverse change in community character in the subarea an adverse
impact.
Amendment Review
Maximum Density and Intensity by Land Use District
The table included in the professional staff report provides a comparison of the development potential
for residential, transient and commercial development of the existing FLUM and Land Use (Zoning)
District as compared to the proposed, amended FLUM and zoning district. As shown in the blue portion
of the table, the proposed FLUM amendment would result in a decrease of 2.86 units in
permanent allocated residential development potential; an increase of 3.42 units in max net
density residential potential for market rate units with the use of TDRs (note: this remains less
than the allocated development potential for market rate permanent units under the current
FLUM); an increase of 10.29 units in affordable residential development potential; an increase of
17 rooms or spaces for transient units; and an increase in nonresidential development potential of
14,001 square feet. The County has adopted Policy 101.5.26 (discouragement policy)which requires
increases in allocated residential density to be offset with the dedication of land. This amendment does
not trigger this requirement as the allocated density is decreasing.
Staff is still recommending approval of the proposed FLUM amendment, based on staff s findings
that the proposed amendment is consistent with the Goals Objectives and Policies of the Monroe
County Comprehensive Plan. Regarding community character, the Property is located across US 1
from several commercial uses including: The Marina Club (boat storage), Sundowners (restaurant),
Jimmy Johnson's Big Chill(hotel and restaurant) and the Caribbean Club (bar). The parcels
immediately north of the Property, adjacent to US 1, is Gus's Toy Box (boat sales). Staff does not
anticipate that the proposed FLUM will adversely impact the community character of the surrounding
area, as parcels along U.S. 1 in this location already include both commercial and residential uses.
It should be noted, while this amendment provides an increase of 3.42 units in max net density
residential potential for market rate units, this can only be utilized with the transfer of TDRs
(transferring and retiring density from a sender site so there is no net increase in density).
Further, it should be noted, while this amendment provides an increase of 10.29 units in affordable
residential development potential, the County's pool of available affordable allocations may be depleted
by the time this applicant submits a development proposal. If the affordable housing allocation pool is
depleted, the applicant will need to limit its development proposal request to nonresidential uses within
the SC zoning district and/or propose to transfer ROGO exemptions to enable any proposed affordable
residential development. As a potential third option,pursuant to Policy 101.3.10, the applicant may
coordinate and request to transfer affordable allocations from a municipality to the County through an
interlocal agreement.
As before, staff is recommending approval of the proposed FLUM change, as it is consistent with the
5374
Goals Objectives and Policies of the Monroe County Comprehensive Plan, does not adversely impact
concurrency standards,provides alternative nonresidential uses and affordable housing uses and density.
It should be noted that the proposed corresponding land use (zoning) district amendment would also
alter the as-of-right and conditional uses permitted on the subject property. A comparison table of as-of-
right uses and conditional uses for the Improved Subdivision (IS) and Suburban Commercial(SC) land
use districts is provided as an attachment.
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: Adjacent land uses include vacant land and
residential uses to the east and south; commercial uses to the north and west(across US 1).
The Property is located across US 1 ftom several commercial uses including The Marina Club (boat
storage), Sundowners (restaurant), Jimmy Johnson's Big Chill (hotel and restaurant) and the
Caribbean Club (bar). The parcels immediately north of the Property, adjacent to US 1, is Gus's Toy
Box (boat sales). The proposed FLUM is not anticipated to adversely impact the community character
of the surrounding area of parcels along US 1 is predominately commercial.
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 subject property is located at the intersection of US 1 and B Avenue in Key Largo at approximately
mile marker 105. The property is accessible by via US 1 and B Avenue. 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) is operating at a LOS of"A."
A Level 1 traffic impact study was 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.
The proposed FLUM is not anticipated to have any adverse impacts to the Traffic Circulation LOS.
5375
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 and could result in a net decrease in demand from this site.
The proposed FLUM is not anticipated to adversely impact the Potable Water LOS.
Solid Waste(Comprehensive Plan Policy 801.1.1)
Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
September 30, 2024; thereby,providing the County with approximately five(5) more years of
guaranteed capacity for solid waste. Currently, there is adequate capacity for solid waste generation. All
commercial solid waste is handled by private contract.
The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS.
Sanitary Sewer(Comprehensive Plan Policy 901.1!1
The County has adopted water quality treatment standards for wastewater facilities and within the
Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential
and nonresidential flow is 145 gallons per day per equivalent dwelling unit(EDU). The proposed
FLUM amendment would increase the maximum net density on the site to 10.29 dwelling units, which
would increase the required flow by 767 gallons per day. Any proposed development on the site will
either need to connect to the Key Largo Wastewater Treatment Plant system, or provide on-site sewage
treatment and disposal that meets the LOS standards in Policy 901.1.1.
The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS.
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.
4. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
Please see the attached professional Staff Report for specific statutes.
PREVIOUS RELEVANT BOCC ACTION:
The property currently has a Land Use District (Zoning) designation of Improved Subdivision (IS) and
a Future Land Use Map (FLUM) designation of Residential Medium(RM). The Property was within
the BU-1 district(light business district)prior to September 15, 1986. From 1986 to 1992, the Property
5376
was within the Suburban Residential (SR) zoning district. In 1992, the Property was designated as
Improved Subdivision(IS) zoning district. With the adoption of the Comprehensive Plan's FLUM in
1997, the property was given the current FLUM designation of Residential Medium(RM).
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
The professional staff recommend approval of the proposed Future Land Use Map (FLUM)
Amendment.
DOCUMENTATION:
Abit—Holdings_FLUM_I I A-I 7.pdf
2019-029 DRC Reso 13-19.PDF
2019-029 PC Reso P52-19.PDF
Zoning District comparison.docx
Exhibit I to Ord -Abit—Holdings_K L—FLUM—Ordinance Map.pdf
2019-029—Transmittal—Reso.pdf
Ex.A to Reso FLUM Ordinance.docx
2019-02913OCCSR1 0.1 8.23.doc
FINANCIAL IMPACT:
N/A
5377
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8 MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
10 RESOLUTION NO. DRC 13-1
11
12
1.3 A RESOLUTION BY THE DEVELOPMENT REVIEW COMMITTEE
1.4 RECOMMENDING APPROVAL OF AN ORDINANCE BY THE MONROE
15 COUNTY OARD OF COUNTY COMMISSIONERS Eli :I THE
16 MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL
17 MEDIUM( )TO MIXEDUSE/COMMERCIAL(MU),FOR PROPERTY
18 LOCATED AT 103965, 103955, 103945, 103935 AND 10 925 OVERSEAS
1.9 HIGHWAY, KEY LARGO, APPROXIMATELY MILE MARKER 103.9,
20 WITH REAL ESTATE NUMBERS 00475240-0 0 0; 0 475250-00000
21 0047526 -000000; 00475270-000000 AND 00475280-000000 AS PROPOSED
22 BY ISLAND CONSTRUCTION ANA E EI T ON BEHALF OF A IT
3 HOLDINGS,I.LC", PROVIDING FOR SE" E A. 'ILITY; PROVIDING FOR
24 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
25 TRANSMITTAL TO THE. STATE LAND PLANNING AGENCY C'Y' AND THE
26 SECRETARY OF STAPLE, PROVIDING FOR INCLUSION IN THE
27 MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
28 TO THE FUTURE LAND USE AP; PROVIDING FOR AN EFFECTIVE
29 DATE. (FILE 201.9-029)
30
3132
3,3
34 WHEREAS, on February 21, 2019, the Planning and Environmental Resources
35 Department received an application from the Island Construction Management on behalf of Abit
36 Moldings, LLC (the "Applicant") to amend the Monroe County Future Land Use Map (FL UM)
37 from Residential Medium (RM) to fixed Use / Commercial (MC) for 103965, 103955, :103945,
38 103935 and 103925 Overseas Highway, Rey Largo; and
39
40 WHEREAS, the Monroe County Development Review Con i-nittee (DRC) considered the
41 proposed amendment at a regularly scheduled meeting held on November 18, 2019; and
42
43 WHEREAS, based upon the information and documentation submitted, the Development
44 Review Committee Chair found:
45 1. The proposed FL UM is not anticipated to adversely impact the community character
46 of the surrounding area;
Resolution #DRC 13-19 Page I of
File#2019-029
5379
1 2. The proposed FLU M is not anticipated to adversely impact the Comprehensive Plan
2 adopted Level of Service (LOS);
3 3, The proposed amendment is consistent with the Goals, Objectives, and Policies of the
4 Monroe County Year 2030 Comprehensive Plan; and
5 4. The proposed amendment is consistent with the Principles for Guiding Development
6 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
7 5. The proposed amendment is consistent with Part 11 of Chapter .163, Florida Statute; and
8 6. The proposed amendment will not result in an adverse change in community character
9 to the sub-area which a proposed amendment affects or to any area in accordance with
10 the Key Largo Livable CommuniKeys master plan pursuant to, findings of the BOCC.
1.1
12 NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
13 COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff
14 report and discussed at the November 18, 2019 meeting supports, the Chair's decision to
15 recommend approval to the Planning Commission and Board of County Cominissioners.
16
17 Date 4,)/ZZq
is Emily Schemper, ATCP,
19 Senior Director of Planning & Environmental Resources
20
21 1 HER CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
22 and in the County aforesaid to take acknowledgments, personally appeared Emily Schemper, to
23 me known to be the pet-son described in and who executed the foregoing instrument and she
24 acknowledged before me that she executed the same.
25
26
27 WITNESS my hand and official sea] in the County and State last aforesaid this day of
28 /V d V'(Y-Y) 2019.
29
30
31 NOTXRY PUI�OC, STATE OF FLORIDA
043704
2020
Resolution #DRC 13-19 Page 2 of 2
File#2019-029
5380
1.
3 P
4
,,
7
8 MONROE COUNTY, FLORIDA
9 PLANNING COMMISSION RESOLUTION NO. P°52-19
10
11
12 A RESOLUTIONBY THE PLANNING COMMISSION
1.3 RECOMMENDING DENIAL OF AN ORDINANCE E THE MONROE
1.4 COUNTY r F COUNTY COMMISSIONERS ENDI G THE
15 MONROE COUNTY T 1TURE LAND USE MAP FROM RESIDENTIAL
16 MEDIUM (ISM) TO MIXED USE / COMMERCIAL C:IA L (MU), FOR
17 PROPERTY LOCATED AT 103965, 1103955, 103945, 103935 AND 103925
1.S OVERSEAS ICE - A , KEY LARGO, APPROXIMATELY MILE
19 MARKER 103.9, WITH REAL ESTATE NUMBERS 00 75240-00 001
20 00475 50-'00 000; 00475260-000000; 00475270-000000 AND 00475280-
21 000000; AS, PROPOSED POSED BY ISLAND CONSTRUCTION MANAGEMENT
I
22 ON BEHALF OF ABIT HOLDINGS, LLC,; PROVIDING FOR
23 SE E III.LIT ; PROVIDING FOR E EAL OF CONFLICTING
24 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
25 LAND PLANNING G CS C AND THE E SECRETARY:ETA F STATE;
26 PROVIDING FOR INCLUSION LUSIO IN THE MONROE COUNTY
27 COMPREHENSIVE PLAN AND FOR END E T TO THE FUTURE
RE
28 LAND USE P; PROVIDING FOR AN EFFECTIVE DATE. (FILE 201.9®
29 29)
30
31
32
33
34 WHEREAS, on February 21, 2019, the planning and Environmental Resources
35 Department received an application from the Island Construction Management on behalf of Abit
36 holdings„ LLB' (the "Applicant") to amend the Monroe County Future Land Use Map (FLL.M)
37 from Residential Medium (RM) to Mixed Use / C"on�rnercial (14°.C) for 103965, 1.03955, 10�3945,
38 103935 and 103925 Overseas Highway, Ivey Largo (the "property's); and
39
40 WHEREAS, the Applicant has also requested a corresponding Land Use (Zoning)
41 District map amendment for the subject property from Improved Subdivision (IS) to Suburban
42 Commercial (SC); and
43
44 WHEREAS, the Monroe County Development. Review Committee (DRC) considered.
45 the proposed amendment at a regularly scheduled meeting held on November 18, 2019; and
46
Resolution p52-19 page 1 of 3
File 201 -029
5381
I WHEREAS, at a regularly scheduled meeting held on November 19, 2019, the Monroe
2 County Planning Commission held a public hearing for the purpose of considering the proposed
3 as ender to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan
4 and the proposed Zoning map amendment for the Property, and provided for public comment;
5 and
6
7 WHEREAS, the Monroe County Planning Commission considered the application, the
8 staff report, and the comments from the public in their discussion;
9
to WHEREAS, the Planning Commission was presented with the following documents and
11 other information relevant to the request, which by reference is hereby incorporated as part of the
12 record of said hearing:
13
14 1. Staff report dated November 8, 2019 prepared by Cheryl Cioffari, AlCP, Assistant
15 Director of Planning;
16 1 Sworn testimony of Monroe County Planning & Environmental Resources
17 Department staff; and
18 3, Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
1.9 Planning Commission Counsel,
20
21 WHEREAS, based upon the information and documentation submitted, the Planning
22 Commission found:
23 1. The proposed FLUM is anticipated to adversely impact the community character of
24 the surrounding area;
25 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
26 adopted Level of Service (LOS);
27 1 The proposed amendment is consistent with the Goals, Objectives, and Policies of the
28 Monroe County Year 2030 Comprehensive Plan; and
29 4„ The proposed amendment is consistent with the Principles for Guiding Development,
30 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), RS.;
31, 5. The proposed arnendn-ient is consistent with Part 11 of Chapter 163, Florida Statute;
32 and
33 6. The proposed amendment will result in an .adverse change in community character to
34 the sub-area which a proposed amendment affects or to any area in accordance with
35 the Key Largo Livable CommuniKeys master plan pursuant to findings of the BOCC,
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
38 MCA OE COUNTY, FLORIDA hereby recommends denial to the Board of County
39 Commissioners of the proposed amendment to the Future Land Use Map designation from
40 Residential Medium (RM) to Mixed Use / Commercial (MC) for property located at 103965,
41 103955, 1039,45, 1.03935 and 103925 Overseas Highway, Key Largo.
42
43
44
45
Resolution #P52-19 Page 2 of 3
File #2019-029
5382
I PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
2 Florida, at a regular meeting held on the 19 day of November, 2019.
3
4 Denise Werling, Chair YES
5 William Wiatt, Commissioner YES
6 Tom Coward, Commissioner YES
7 Joe Scarpelli, Comi-nissioner NO
8 Ron Miller, Commissioner YES
9
10
1.1 PLANNING COMMISSION F MONROE COjjNTY, FLORIDA
12
13 B y=
14 Denise Werling, Chair
15
16 Signed this day of 2019
17
18
19 NOT RY Pt��
20 JLIC,, STATE OF FLORIDA
21 Monroe County Planning Can Attorney
22 A rproved As, To Form ILZEAGUILA
My COMMISSGOM#GG 043704
23 EXPIRES:October 31 2020
24 Bonded'Mtu No Pubk Undemlftfs
25 10 h 1(
26 Date:
27
Resolution #P52-19 Page 3 of 3
File #2019-029
5383
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Exhibit 1 to Ordinance# -2021
l
475240 `• ; '
475250
475260 �O
�Al
475270
I
I ;
475280
B AVE
U
U)
r o
r
U) N
The Monroe County Future Land Use District is amended
as indicated above.
Future Land Use District change of fifteen parcels of land in Key Largo having Real Estate Numbers
00475240-000000,00475250-000000, 00475260-000000,00475270-000000,and 00475280-000000 from N
Residential Medium(RM)to Mixed Use/Commercial(MC)
5390
2 � it
P Y
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 103965, 103955, 103945, 103935 AND 103925 OVERSEAS HIGHWAY, KEY
19 LARGO, APPROXIMATELY MILE MARKER 104, CURRENTLY
20 HAVING PARCEL IDENTIFICATION NUMBERS 00475240-000000;
21 00475250-000000; 00475260-000000; 00475270-000000 AND 00475280-
22 000000; AS PROPOSED BY ABIT HOLDINGS, LLC; PROVIDING FOR
23 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
24 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
26 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN
27 AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
28 PROVIDING FOR AN EFFECTIVE DATE.'
29 ---------------------------------------------------------------------------------------------------------------------
30
31 WHEREAS, the Monroe County Board of County Commissioners conducted a public
32 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
33 Process in Section 163.3184(4),Florida Statutes,to the State Land Planning Agency for objections,
34 recommendations and comments, and to the other reviewing agencies as defined in Section
35 163.3184(1)(c), Florida Statutes, for review and comment on a proposed amendment to the
36 Monroe County Comprehensive Plan as described above; and
37
38 WHEREAS,the Monroe County Board of County Commissioners supports the transmittal
39 of the requested Future Land Use Map amendment;
40
41 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
43
1 Monroe County Planning and Environmental Resources Department File No.2019-029.
5391
44 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
45 conclusions of law, and statements of legislative purpose and legislative intent are true and correct
46 and are hereby incorporated as if fully stated herein.
47
48 Section 2. The Board of County Commissioners does hereby approve the transmittal of the
49 draft ordinance, attached as Exhibit A., for review of the proposed Future Land Use Map
50 amendment.
51
52 Section 3. The Board of County Commissioners does hereby transmit the proposed
53 amendment to the State Land Planning Agency for review and comment in accordance with the
54 State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes.
55
56 Section 4. The Monroe County staff is given authority to prepare and submit the required
57 transmittal letter and supporting documents for the proposed amendment in accordance with the
58 requirements of Section 163.3184(4), Florida Statutes.
59
60 Section 5. The Clerk of the Board is hereby directed to forward a certified copy of this
61 resolution to the Director of Planning.
62
63 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
64 Florida, at a regular meeting held on the 181h day of October, 2023.
65
66 Mayor Craig Cates
67 Mayor Pro Tem Holly Merrill Raschein
68 Commissioner Michelle Lincoln
69 Commissioner James Scholl
70 Commissioner David Rice
71
72
73 BOARD OF COUNTY COMMISSIONERS
74 OF MONROE COUNTY, FLORIDA
75
76 By:
77 Mayor Craig Cates
78
79 (SEAL)
MONROE COUNTY arxOruEY
80 A?,JjPVEQ k§TOFOAM
81 ATTEST: KEVIN MADOK, CLERK
82
83
84 AS DEPUTY CLERK
85
5392
Exhibit A to Resolution
1 � �
2 �
3 ' ,�
4 \ a
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2023
10
11 AN ORDINANCE BY THE MONROE COU BOARD OF
12 COUNTY COMMISSIONERS AMENDIN MONROE
13 COUNTY FUTURE LAND USE MAP F M ENTIAL
14 MEDIUM (RM) TO MIXED USE / C CIAL FOR
15 PROPERTY LOCATED AT 103965, 55, 103945, 10 ND
16 103925 OVERSEAS HIG Y, �� KEY L
17 APPROXIMATELY MILE M 104, WITH PAR
18 IDENTIFICATION NUMBERS 004752 0 475250-00 0;
19 00475260-000000; 00475270-000000 A 0475280-000000; AS
20 PROPOSED BY ABIT "'ii LDINGS, LL ROVIDING FOR
21 SEVERABILITY; PROVI OR REPEAL CO�FLICTING
22 PROVISIONS; PROVIDIN TRANSM TO THE
23 STATE LAND PLANNING A N THE CRETARY OF
24 STATE; PROVIDING FOR S THE MONROE
25 COUNTY C ENSIVE AN AND OR AMENDMENT
26 TO THE TU AND US MAP; PROVIDING FOR AN
27 EFFEC„II a ATE. LE 2019-02 1111
28
29
30 W May 023 the ning and Environmental Resources Department
31 receive amende catio m Abit Holdings, LLC (the "Applicant") to amend the
32 Mon unty Future Use UM) from Residential Medium (RM) to Mixed Use /
33 Co °p01me MC) for 103 1039 103945, 103935 and 103925 Overseas Highway, Key
34 Largo (the erty"); and
35
36 WHER the licant has also requested a corresponding Land Use (Zoning)
37 District map amen the subject property from Improved Subdivision (IS) to Suburban
38 Commercial (SC); an
39
40 WHEREAS, the Monroe County Development Review Committee (DRC) considered
41 the proposed amendment at a regularly scheduled meeting held on November 18, 2019; and
42
43 WHEREAS, on November 21, 2019, the Chair of the DRC signed Resolution Nos. DRC
44 13-19 and DRC 14-19, recommending APPROVAL of the proposed amendments to the Land
45 Use District Map and Future Land Use Map to the Planning Commission and Board of County
46 Commissioners; and
5393
I WHEREAS, at a regularly scheduled meeting held on November 19, 2019, the Monroe
2 County Planning Commission held a public hearing for the purpose of considering the proposed
3 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan
4 and the proposed Zoning map amendment for the Property, and provided for public comment;
5 and
6
7 WHEREAS, the Monroe County Planning Commission considered the application, the
8 staff report, and the comments from the public in their discussion;
9
10 WHEREAS, the Planning Commission was presented with 'wing documents and
11 other information relevant to the request, which by reference is h incorporated as part of the
12 record of said hearing:
13
14 1. Staff report dated November 8, 2019,prepare ryl Cio A.LC.P., Assistant
15 Director of Planning;
166 2. Sworn testiony of
Department staff, and Monroe County PuImllll ng & E ironmental Re e�sVVVuuuu,,„
18 3. Advice and counsel of Planning Commissi n nsel John J.��mu olfe, Esq.
19
20 WHEREAS, based upon the i mation and doc tation submitted, the Planning
21 Commission found:
1111,
22 1. The proposed FLUM is antici e ersely imp community character of
23 the surrounding area; 111
24 2. The proposed FLUM is not antici to a I pact the Comprehensive Plan
25 adopted Le ve e (LOS);
26 3. The propo III amen t is consist e� with the Goals, Objectives and Policies of the
27 Monroe,1111 Year 0 Comprehe *ve Ian; and
28 4. The propo s. consistent the Principles for Guiding Development
29 fort Iorida to Concern, Sec. 380.0552(7), F.S.;
ame nt is con nt with Part 11 of Chapter 163, Florida Statute;
3� 5
32 The propose dme esult in an adverse change in community character to
33 °1 sub-area wh a prop ed amendment affects or to any area in accordance with
34 ey Largo Li IeCommuniKe s master plan pursuant to findings of the BOCC.
35
36 WHER he M oe County Planning Commission adopted Resolution No. P52-19
37 recommending to t oe County Board of County Commissioners denial of the proposed
38 amendment; and
39
40 WHEREAS, at a regular meeting held on the day of , 2023, the Monroe
41 County Board of County Commissioners held a public hearing to consider the transmittal of the
42 proposed amendment, considered the staff report and provided for public comment and public
43 participation in accordance with the requirements of state law and the procedures adopted for
44 public participation in the planning process; and
45
Ord.No. -2023
File 2019-029 Page 2 of 4
5394
I WHEREAS, at the , 2023, public hearing, the BOCC adopted Resolution No.
2 -2023, transmitting the amendment to the State Land Planning Agency; and
3
4 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
5 received its Objections, Recommendations and Comments (ORC) report on ;
6 and
7
8 WHEREAS,the ORC report ; and
9
10 WHEREAS, in response to th ORC report,
11 an
d
12
13 WHEREAS, at a regularly scheduled meeting on th da the
14 BOCC held a public hearing to consider adoption of the s FLU dment;
15 IIIIIIIIII
16 NOW, THEREFORE, BE IT ORDAINED B III E MROE CO U ARD OF
17 COUNTY COMMISSIONERS: „„uulll �I III
18 ui
19 Section 1. The Future Land Use Map of the Monroe ty 2030 Comprehensive Plan is
20 amended as follows: "���iilllllll
21
22 The property located at 103965, 1 45, 10393 103925 Overseas
23 Highway, Key Largo, is changed fro Resi ediu, RM) to Mixed Use /
24 Commercial (MC) as shown on Exhib l the ""and incorporated herein.
25 Ii
26 Section 2. SeverabiliIllf any on, subsect sentence, clause, item, change, or provision
27 of this ordinance i, 111 valid remainder thi ordinance shall not be affected by such
28 validity.
29
30 Section 3. onsi Provisio All ordinances or parts of ordinances in conflict
31 with thi dinance a y re to the extent of said conflict.
32 iiiiiplllllllll �� Vu11ppp0
33 Se ansmittal. ordin11111 e shall be transmitted by the Director of Planning to the
34 State Land ���� ing Agency suant to Chapter 163 and 380, Florida Statutes.
35
36 Section 5. Fih d Ef ctive Date. This ordinance shall be filed in the Office of the
37 secretary of the Sta rida but shall not become effective until a notice is issued by the
38 State Land Planning gency or Administration Commission finding the amendment in
39 compliance, and if ch lenged, until such challenge is resolved pursuant to Chapter 120, Florida
40 Statutes.
41
42 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
43 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
44 Map.
45
46
Ord.No. -2023
File 2019-029 Page 3 of 4
5395
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of October, 2023.
3
4
5 Mayor Craig Cates
6 Mayor Pro Tem Holly Merrill Raschein
7 Commissioner Michelle Lincoln
8 Commissioner James Scholl
9 Commissioner David Rice
10
11
12 BOARD OF CO MMISSIONERS
13 OF MONROE T RIDA
15 BY
16 AYOR RAIG CATE
17
18 (SEAL) ��muuuumllllll �� uuupp0uol,
��muiIll
19
20 ATTEST: KEVIN MADOK, CLERK21
"'iilllll���
22 ��� uuuuuuo�
23 AS DEPUTY CLERK uiuu111�°°0
IIIIIIIIIII���
jjj
Ord.No. -2023
File 2019-029 Page 4 of 4
5396
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, Senior Director, A.LC.P., C.F.M., Monroe County Planning and
12 Environmental Resources Department
13
14 From: Cheryl Cioffari, Assistant Director of Planning, A.LC.P., and Devin Tolpin,
15 Principal Planner, A.LC.P., C.F.M., Monroe County Planning and Environmental
16 Resources Department
17
18 Date: September 18, 2023
19
20 Subject: An Ordinance by the Monroe County Board of County Commissioners amending
21 the Monroe County Future Land Use Map from Residential Medium (RM) to
22 Mixed Use / Commercial (MC), for property located at 103925, 103935, 103945,
23 103955, 103965 Overseas Highway, Key Largo, as proposed by Abit Holdings,
24 LLC'
25
26 Meeting: October 18, 2023
27
28
29 L REQUEST
30
31 On February 19, 2019, the Planning and Environmental Resources Department received an
32 application to amend the Monroe County Future Land Use Map (FLUM) designation from
33 Residential Medium (RM) to Mixed Use / Commercial (MC) for five (5) platted lots on US1, at
34 approximate mile marker 104 in Key Largo. On May 30, 2023, an amended application was
35 submitted by David Thompson on behalf of Abit Holdings, LLC (the "Applicant"). The property is
36 legally described as Block 7, Lots 9-13, Largo Sound Village. The Applicant has also requested a
37 corresponding Land Use District (Zoning) map amendment for the subject property from Improved
38 Subdivision (IS) to Suburban Commercial (SC). The subject of this agenda item is transmittal of
39 the proposed FL UM amendment to State Land Planning Agency for state review.
1 Monroe County Planning and Environmental Resources Department File No.2019-029.
BOCC SR 10.18.2023 Page 1 of 14
File No. 2019-029
5397
J
c 0,✓ �%r'l/��V, l / r' i.. i�/'%� ,lli C7 a. "�i��'�r'.., /, ��f��J p ����/� ,r,, �l %�
yt // 1,� (, i` I /� ;,�F iF �/� �I „� �<, iU;': s l";v�;/ ° ii��� jo,
�� a'li�l,il��y,�,,, Jli .,lU� ,,1, ;�,�/ / / /n,r, r������r Gil:./1 � G,/,,, �,/ � „!� 11l
P�:,,p:)?t % � � %dli ,� °�i,, ;9. „ rr ,I ,oG �u;� 1 Ji�!' '!; F,',�' �nwt i "%' �,,;,'�" 'tv
2 Existing FLUM Designation Proposed FLUM Designation
3
4 II. BACKGROUND INFORMATION
5
6 Site Information: a
7 Location: MM 104, Key Largo "� ti�55���llll
8 Address: 103925, 103935, 103945, 103955, 103965 «
9 Overseas Highway
10 Description: Block 7, Lots 9-13, Largo Sound Village ; �
11 (Plat Book 4, Page 92)
12 Parcel ID Number: 00475240-000000; 00475250- �
13 000000; 00475260-000000, 00475270-000000 and
14 00475280-000000
15 Owner/Applicant: Abit Holdings, LLC M a �& a AIL'Jrw
16 Size of Affected Portion of Property: 31,115.9 SF � � /
p ty:
17 (0.741 acres) per survey by Lincoln Iturrey, P.A. , ,, ,, �4
18 Professional Land Surveyors and Mappers, dated 7/24/13.
19 FLUM Designations: Residential Medium (RM)
20 Land Use Districts: Improved Subdivision (IS) /jam
21 Tier Designation: III
22 Flood Zones: X
23 CBRS: No
24 Existing Use: Vacant
25 Existing Vegetation/Habitat: Undeveloped Land
26 Community Character of Immediate Vicinity: Adjacent land uses include vacant land and
27 residential uses to the east and south; commercial uses to the north and west(across US 1).
28
29 The property currently has a Land Use District (Zoning) designation of Improved Subdivision (IS)
30 and a Future Land Use Map (FLUM) designation of Residential Medium (RM). The Property was
31 within the BU-1 district(light business district)prior to September 15, 1986. From 1986 to 1992, the
32 Property was within the Suburban Residential (SR) zoning district. In 1992, the Property was
33 designated as Improved Subdivision (IS) zoning district. With the adoption of the Comprehensive
BOCC SR 10.18.2023 Page 2 of 14
File No. 2019-029
5398
I Plan's FLUM in 1997, the property was given the current FLUM designation of Residential Medium
2 (RM).
3
4 The property is currently vacant and is designated as Tier III. A vegetation survey/existing
5 conditions report was not submitted with the application to confirm the habitats.
6
7 The Applicant states that the reason for the proposed amendment is "to allow for various types of
8 residential and non-residential uses, excluding industrial and similar uses". The Applicant's full
9 explanation and justification of the proposed amendment is included in the file for the application.'
10
11 Staff is reviewing the proposed amendment for consistency with State Statutes (including 163.3187,
12 F.S., above), Rules, internal consistency with the Comprehensive Plan and balancing all the
13 requirements and policy issues.
14
15 Community Meeting and Public Participation
16 In accordance with LDC Section 102-159(a), a community meeting was held on August 26, 2019, to
17 discuss the proposed Future Land Use Map (FLUM) amendment and corresponding Land Use
18 District(Zoning) Map amendment and to provide for public participation. There were approximately
19 37 people in attendance who provided feedback on the item. Issues identified included: limiting the
20 development to high-end single-family residences, concern regarding the increased density and
21 affordable housing.
22
23 Development Review Committee and Public Input
24 The Development Review Committee considered the proposed amendment at a regular meeting on
25 November 18, 2019 and received public input. On November 21, 2019, the Chair of the DRC signed
26 Resolution Nos. DRC 13-19 and DRC 14-19, recommending APPROVAL of the proposed
27 amendments to the Land Use District Map and Future Land Use Map to the Planning Commission
28 and Board of County Commissioners
29
30 Planning Commission and Public Input
31 On November 19, 2019, the Planning Commission (PC) considered the proposed FLUM
32 amendment, provided for public comment and recommended denial through PC Resolution No.
33 P52-19. Staff had recommended approval of the proposed FLUM change, as it was consistent with
34 the Goals Objectives and Policies of the Monroe County Comprehensive Plan, did not adversely
35 impact concurrency standards,provided nonresidential uses and affordable housing uses and density.
36 Per Resolution No. P52-19, the Planning Commission's recommendation of denial was due to: (1)
37 the proposed FLUM is anticipated to adversely impact the community character of the surrounding
38 area and(2)the proposed amendment may result in an adverse change in community character in the
39 subarea an adverse impact.
40
41
42
43
44
45
z Monroe County Planning and Environmental Resources Department File No.2019-029.
BOCC SR 10.18.2023 Page 3 of 14
File No. 2019-029
5399
1 III. AMENDMENT REVIEW
2 Maximum Allocated Density and Intensity by Future Land Use Map Designation
3
Maximum development
Existing FLUM Type Adopted Standards potential based upon
density/intensity
Residential 1 du/lot 5 units
Allocated Density
Residential Medium(RM) TDR/Market Rate
IS zoning Residential Max Net N/A 0 units
Density
Total Upland Area: 5 lots Affordable
(31,115 SF/0.714 ac) Residential Max Net N/A 0 units
Density
0.571 buildable acres
(0.714 ac—0.20 open space Transient 0 rooms/spaces/acre 0 rooms or spaces
ratio) Allocated Density
Nonresidential 0 FAR 0 SF
Maximum Intensity
Maximum development
Proposed FLUM Type Adopted Standards potential based upon
density/intensity
Residential 3 du/acre(SC) 2.14 units
Allocated Density
TDR/Market Rate 6du/buildable acre
Mixed Use/Commercial(MC) Residential Max Net 3.42 units
SC zoning Density (SC)
Total Upland Area: 5 lots Affordable
31,115 SF/0.714 ac 18du/buildable acre
( ) Residential Max Net (SC) 10.29 units
Density
0.571 buildable acres
(0.714 ac—0.20 open space Transient 10-25 7-17 rooms/spaces
ratio) Allocated Density rooms/spaces/acre
Nonresidential 0.10—0.45 FAR 3,111 SF—14,001 SF
Maximum Intensity (SC,UC,DR,MU)
Residential Market Rate Allocated: -2.86:m iaits
TDR/Market Rate Residential Max Net: +3.42" ti 11 iif s flue of IIAM
Net Change in Development Affordable Residential Max Net: +ii()w119 ti�110r's �10'1"oonJallltlle
Potential Based on FLUM
Transient Allocated: +17 uoo��irir�a/aalr��uo:°a;
Nonresidential: +i4,(()fl 1 SF
4
BOCC SR 10.18.2023 Page 4 of 14
File No. 2019-029
5400
I The above table provides an approximation of the development potential for residential, transient
2 and commercial development. Section 130-156(b) of the Land Development Code states: "The
3 density and intensity provisions set out in this section are intended to be applied cumulatively so that
4 no development shall exceed the total density limits of this article. For example, if a development
5 includes both residential and commercial development, the total gross amount of development shall
6 not exceed the cumulated permitted intensity of the parcel proposed for development."
7
8 As shown in the blue portion of the table, the proposed FLUM amendment would result in a
9 decrease of 2.86 units in permanent allocated residential development potential; an increase of 3.42
10 units in max net density residential potential for market rate units with the use of TDRs (note: this
11 remains less than the allocated development potential for market rate permanent units under the
12 current FLUM); an increase of 10.29 units in affordable residential development potential; an
13 increase of 17 rooms or spaces for transient units; and an increase in nonresidential development
14 potential of 14,001 square feet. The County has adopted Policy 101.5.26 (discouragement policy)
15 which requires increases in allocated residential density to be offset with the dedication of land.
16 This amendment does not trigger this requirement as the allocated density is decreasing.
17
18 Staff is still recommending approval of the proposed FLUM amendment, based on staff's findings
19 that the proposed amendment is consistent with the Goals Objectives and Policies of the Monroe
20 County Comprehensive Plan. Regarding community character, the Property is located across US 1
21 from several commercial uses including: The Marina Club (boat storage), Sundowners (restaurant),
22 Jimmy Johnson's Big Chill (hotel and restaurant) and the Caribbean Club (bar). The parcels
23 immediately north of the Property, adjacent to US 1, is Gus's Toy Box (boat sales). Staff does not
24 anticipate that the proposed FLUM will adversely impact the community character of the
25 surrounding area, as parcels along U.S. Highway 1 in this location already include both commercial
26 and residential uses. Additionally, the following characteristics of the property support staff's
27 analysis:
28
29 (1) Existing Vegetation/Habitat: Developed Land
30 (2) Existing Tier Designation: III
31 (3) Number ofListed Endangered or Threatened Species: Zero
32 (4) Existing Use: Vacant
33 (5) Community Character of Immediate Vicinity: Adjacent land uses include vacant land and
34 residential uses to the east and south; commercial and residential uses to the north and west
35 (across US 1).
36
37 Any proposed new residential, transient or nonresidential use would be subject to the requirements
38 of Chapter 138 of the Land Development Code related to the Residential and Nonresidential Rate of
39 Growth Ordinance (ROGO/NROGO)permit process.
40
41 It should be noted, while this amendment provides an increase of 3.42 units in max net density
42 residential potential for market rate units, this can only be utilized with the transfer of TDRs
43 (transferring and retiring density from a sender site so there is no net increase in density).
44
45 Further, it should be noted, while this amendment provides an increase of 10.29 units in affordable
46 residential development potential, the County's pool of available affordable allocations may be
BOCC SR 10.18.2023 Page 5 of 14
File No. 2019-029
5401
I depleted by the time this applicant submits a development proposal. If the affordable housing
2 allocation pool is depleted, the applicant will need to limit its development proposal request to
3 nonresidential uses within the SC zoning district and/or propose to transfer ROGO exemptions to
4 enable any proposed affordable residential development. As a potential third option, pursuant to
5 Policy 101.3.10, the applicant may coordinate and request to transfer affordable allocations from a
6 municipality to the County through an interlocal agreement.
7
8 As before, staff is recommending approval of the proposed FLUM change, as it is consistent with the
9 Goals Objectives and Policies of the Monroe County Comprehensive Plan, does not adversely
10 impact concurrency standards, provides alternative nonresidential uses and affordable housing uses
11 and density.
12
13 It should be noted that the proposed corresponding land use (zoning) district amendment would also
14 alter the as-of-right and conditional uses permitted on the subject property. A comparison table of as-
15 of-right uses and conditional uses for the Improved Subdivision (IS) and Suburban Commercial (SC)
16 land use districts is provided as an attachment.
17
18 Compatibility with the Surrounding Area
19 a. Existing Vegetation/Habitat: Developed Land
20 b. Existing Tier Designation: III
21 c. Number of Listed Endangered or Threatened
22 Species: Zeros
23 d. Existing Use: Vacant
24 e. Community Character of Immediate Vicinity:
25 Adjacent land uses include vacant land and r, %
26 residential uses to the east and south; commercial
27 uses to the north and west(across US 1). �^
28
29 The Property is located across US I from several
30 commercial uses including The Marina Club (boat
31 storage), Sundowners (restaurant), Jimmy Johnson's Big 1 , °
32 Chill(hotel and restaurant) and the Caribbean Club (bar). ME
33 The parcels immediately north of the Property, adjacent to „ `i ; � �i �� �'
34 US 1, is Gus's Toy Box (boat sales). The proposed FL UM
35 is not anticipated to adversely impact the community character of the surrounding area of parcels
36 along US I is predominately commercial.
37
38 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
39 Traffic Circulation (Comprehensive Plan Policy 301.1.1)
40 The subject property is located at the intersection of US 1 and B Avenue in Key Largo at
41 approximately mile marker 105. The property is accessible by via US 1 and B Avenue. Pursuant to
42 the Comprehensive Plan, the level of service standard for US 1 is LOS of "C." According to the
43 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of "C" and
44 Segment 23 on Key Largo (MM 99.5 to MM 106) is operating at a LOS of"A."
45
BOCC SR 10.18.2023 Page 6 of 14
File No. 2019-029
5402
I A Level 1 traffic impact study was submitted by the Applicant. At the time of development approval,
2 a trip generation analysis will be required to be submitted in order to verify sufficient roadway
3 capacity. According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve
4 volume for Segment 23 is 11,148 trips.
5
6 The proposed FLUMis not anticipated to have any adverse impacts to the Traffic Circulation LOS.
7
8 Potable Water(Comprehensive Plan Policy 701.1.1)
9 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
10 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to
11 23.8 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
12
13 The proposed FLUM amendment would decrease permanent allocated residential density beyond
14 what is already permitted and could result in a net decrease in demand from this site.
15
16 The proposed FL UM is not anticipated to adversely impact the Potable Water LOS.
17
18 Solid Waste (Comprehensive Plan Policy 801.1.1)
19 Monroe County has a contract with Waste Management authorizing the use of in-state facilities
20 through September 30, 2024; thereby,providing the County with approximately five (5)more years of
21 guaranteed capacity for solid waste. Currently, there is adequate capacity for solid waste generation.
22 All commercial solid waste is handled by private contract.
23
24 The proposed FLUMis not anticipated to adversely impact the Solid Waste LOS.
25
26 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
27 The County has adopted water quality treatment standards for wastewater facilities and within the
28 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential
29 and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). The proposed
30 FLUM amendment would increase the maximum net density on the site to 10.29 dwelling units,
31 which would increase the required flow by 767 gallons per day. Any proposed development on the
32 site will either need to connect to the Key Largo Wastewater Treatment Plant system, or provide on-
33 site sewage treatment and disposal that meets the LOS standards in Policy 901.1.1.
34
35 The proposed FLUMis not anticipated to adversely impact the Sanitary Sewer LOS.
36
37 IV.CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE
38 PLAN, THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES,AND
39 PRINCIPLES FOR GUIDING DEVELOPMENT
40
41 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
42 Monroe County Year 2030 Comprehensive Plan. Specifically,it furthers:
43
44 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
45 safety of County residents and visitors, and protect valuable natural resources.
46
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File No. 2019-029
5403
I Objective 101.1
2 Monroe County shall ensure that all development and redevelopment taking place within its
3 boundaries does not result in a reduction of the level-of-service requirements established and
4 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
5 plan amendments include an analysis of the availability of facilities and services or demonstrate
6 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
7
8 Objective 101.5
9 Monroe County shall regulate future development and redevelopment to maintain and enhance
10 the character of the community and protect natural resources by providing for the compatible
11 distribution of land uses consistent with the designations shown on the Future Land Use Map.
12
13 Policy 101.5.3
14 The principal purpose of the Residential Medium (RM) future land use category is to recognize
15 those portions of subdivisions that were lawfully established and improved prior to the
16 adoption of this plan and to define improved subdivisions as those lots served by a dedicated
17 and accepted existing roadway, have an approved potable water supply, and have sufficient
18 uplands to accommodate the residential uses. Development on vacant land within this land use
19 category shall be limited to one residential dwelling unit for each such platted lot or parcel
20 which existed on or before January 4, 1996.
21
22 Policy 101.5.6
23 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide
24 for the establishment of mixed use commercial land use (zoning) districts where various types of
25 commercial retail and office may be permitted at intensities which are consistent with the
26 community character and the natural environment. Employee housing and commercial
27 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to
28 establish and conserve areas of mixed uses, which may include maritime industry, light industrial
29 uses, commercial fishing, transient and permanent residential, institutional, public, and
30 commercial retail uses.
31
32 This future land use category is also intended to allow for the establishment of mixed use
33 development patterns, where appropriate. Various types of residential and nonresidential uses
34 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be
35 prohibited. The County shall continue to take a proactive role in encouraging the preservation
36 and enhancement of community character and recreational and commercial working waterfronts.
37 In order to protect environmentally sensitive lands, the following development controls shall
38 apply to all hammocks,pinelands, and disturbed wetlands within this land use category:
39 1. only low intensity commercial uses shall be allowed;
40 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
41 3. maximum net residential density shall be zero.
42
43 *****
44 Policy 101.5.25
45 Monroe County hereby adopts the following density and intensity standards for the future land
46 use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
BOCC SR 10.18.2023 Page 8 of 14
File No. 2019-029
5404
1
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open Space
Category And Maximum Net Density Ratio(C)
Corresponding Allocated Density 0) Maximum
(b) y Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
1 du(DR,MU,MI) 2 du(MI) 0.10—0.45 (SC,UC,
3 du(SC) 6-18du(SC) DR,MU)
Mixed Use/ 6 du(UC) 12 du(UC) 0.20
Commercial (MC) Commercial Apartments 12-18 du(MU) <2,500 SF (RV)
(RV) 18 du(DR)
0.30-0.60(MI)FAR
Residential Medium 1 du/lot(IS,IS-V,IS-M) N/A
(RM) 2 du/lot(IS-D)
(IS,IS-V,IS-M and
IS-D G)zoning) 0 rooms/spaces N/A 0 0.20
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).
0) 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,
BOCC SR 10.18.2023 Page 9 of 14
File No. 2019-029
5405
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 Policy 101.19.2
3 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part
4 of the plan and be implemented as part of the Comprehensive Plan. The following Community
5 Master Plans have been completed in accordance with the principles outlined in this section and
6 adopted by the Board of County Commissioners:
7
8
9 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into
10 the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in
11 this Master Plan have been adopted and approved as equivalent to the term Objectives
12 in the Comprehensive Plan. Only the Action Items denoted with a green checkmark in
13 this Master Plan have been adopted equivalent to the term Policy in the Comprehensive
14 Plan. Strategies and Action Items without a green checkmark next to them are not
15 considered to be consistent with the definitions of "Objective" and "Policy" and
16 therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
17
18 Goal 102: Monroe County shall direct future growth to lands which are most suitable for
19 development and shall encourage conservation and protection of environmentally sensitive lands
20 (wetlands, beach berm and tropical hardwood hammock).
21
22 Policy 105.2.1
23 Monroe County shall designate all lands outside of mainland Monroe County, except for the
24 Ocean Reef planned development, into three general categories for purposes of its Land
25 Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
26 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction
27 Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes,
28 general characteristics, and growth management approaches associated with each tier are as
29 follows:
30
31
32 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of
33 land area is not characterized as environmentally sensitive as defined by this Plan,
34 except for dispersed and isolated fragments of environmentally sensitive lands of
35 less than four acres in area, where existing platted subdivisions are substantially
36 developed, served by complete infrastructure facilities, and within close proximity
37 to established commercial areas, or where a concentration of nonresidential uses
38 exists, is to be designated as an Infill Area. New development and redevelopment
39 are to be highly encouraged, except within tropical hardwood hammock or
40 pineland patches of an acre or more in area, where development is to be
41 discouraged. Within an Infill Area are typically found: platted subdivisions with
BOCC SR 10.18.2023 Page 10 of 14
File No. 2019-029
5406
1 50 percent or more developed lots situated in areas with few sensitive
2 environmental features; full range of available public infrastructure in terms of
3 paved roads, potable water, and electricity; and concentrations of commercial and
4 other nonresidential uses within close proximity. In some Infill Areas, a mix of
5 nonresidential and high-density residential uses (generally 8 units or more per
6 acre) may also be found that form a Community Center.
7
8 Policy 105.2.2
9 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one
10 of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an
11 overlay on the zoning map(s) with supporting text amendments in the Land Development
12 Regulations. These maps are to be used to guide the Land Acquisition Program and the smart
13 growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1).
14
15 B. The proposed amendment is consistent with the Key Largo Livable Communikeys Plan.
16 Specifically,it furthers:
17
18 Strategy 1.3
19 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use type,
20 density and intensity on individual parcels within the planning area.
21
22 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate
23 development of individual parcels with respect to density, intensity, bulk regulations, and all
24 other land development regulation. This will protect the existing conformance status of most uses
25 and promote orderly development consistent with the Comprehensive Plan.
26
27 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
28 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly
29 on comprehensive planning principles and the following community-goal related criteria:
30 a. Promote infill, design flexibility and transfer of density to Community Centers.
31 b. Preserve commercial conformance status within sections along US-1 predominated by
32 existing commercial businesses and disturbed lands.
33 c. Encourage sun-setting of intensive commercial uses within sections along US-1
34 predominated by natural habitat or native-dominated landscape, relatively sparse
35 development and relatively few businesses.
36 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
37 and working waterfront-based economy.
38 e. Give consideration to whether the property provides a unique or outstanding opportunity
39 for enhancement of design, connectivity and other community goals, especially along the
40 US-1 corridor.
41
42 C. The proposed amendment is consistent with the Principles for Guiding Development for the
43 Florida Keys Area, Section 380.0552(7), Florida Statutes.
44
45 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
46 the principles for guiding development and any amendments to the principles, the principles shall be
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I construed as a whole and no specific provision shall be construed or applied in isolation from the
2 other provisions.
3
4 (a) Strengthening local government capabilities for managing land use and development so that
5 local government is able to achieve these objectives without continuing the area of critical
6 state concern designation.
7 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
8 seagrass beds, wetlands, fish and wildlife, and their habitat.
9 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
10 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
11 beaches, wildlife, and their habitat.
12 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
13 economic development.
14 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
15 Keys.
16 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
17 environment, and ensuring that development is compatible with the unique historic character
18 of the Florida Keys.
19 (g) Protecting the historical heritage of the Florida Keys.
20 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
21 proposed major public investments, including:
22
23 1. The Florida Keys Aqueduct and water supply facilities;
24 2. Sewage collection, treatment, and disposal facilities;
25 3. Solid waste treatment, collection, and disposal facilities;
26 4. Key West Naval Air Station and other military facilities;
27 5. Transportation facilities;
28 6. Federal parks, wildlife refuges, and marine sanctuaries;
29 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
30 properties;
31 8. City electric service and the Florida Keys Electric Co-op; and
32 9. Other utilities, as appropriate.
33
34 (i) Protecting and improving water quality by providing for the construction, operation,
35 maintenance, and replacement of stormwater management facilities; central sewage
36 collection; treatment and disposal facilities; and the installation and proper operation and
37 maintenance of onsite sewage treatment and disposal systems.
38 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
39 operation of wastewater management facilities that meet the requirements of ss.
40 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
41 central wastewater treatment facilities through permit allocation systems.
42 (k) Limiting the adverse impacts of public investments on the environmental resources of the
43 Florida Keys.
44 (1) Making available adequate affordable housing for all sectors of the population of the Florida
45 Keys.
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I (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
2 a natural or manmade disaster and for a postdisaster reconstruction plan.
3 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
4 maintaining the Florida Keys as a unique Florida resource.
5 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
6 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
7
8 D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
9 Specifically, the amendment furthers:
10
11 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
12 and enhance present advantages; encourage the most appropriate use of land, water, and
13 resources, consistent with the public interest; overcome present handicaps; and deal
14 effectively with future problems that may result from the use and development of land within
15 their jurisdictions. Through the process of comprehensive planning, it is intended that units
16 of local government can preserve, promote, protect, and improve the public health, safety,
17 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
18 general welfare; facilitate the adequate and efficient provision of transportation, water,
19 sewerage, schools, parks, recreational facilities, housing, and other requirements and
20 services; and conserve, develop, utilize, and protect natural resources within their
21 jurisdictions.
22
23 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
24 legal status set out in this act and that no public or private development shall be permitted
25 except in conformity with comprehensive plans, or elements or portions thereof, prepared
26 and adopted in conformity with this act.
27
28 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
29 and strategies for the orderly and balanced future economic, social, physical, environmental,
30 and fiscal development of the area that reflects community commitments to implement the
31 plan and its elements. These principles and strategies shall guide future decisions in a
32 consistent manner and shall contain programs and activities to ensure comprehensive plans
33 are implemented. The sections of the comprehensive plan containing the principles and
34 strategies, generally provided as goals, objectives, and policies, shall describe how the local
35 government's programs, activities, and land development regulations will be initiated,
36 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
37 the intent of this part to require the inclusion of implementing regulations in the
38 comprehensive plan but rather to require identification of those programs, activities, and land
39 development regulations that will be part of the strategy for implementing the comprehensive
40 plan and the principles that describe how the programs, activities, and land development
41 regulations will be carried out. The plan shall establish meaningful and predictable standards
42 for the use and development of land and provide meaningful guidelines for the content of
43 more detailed land development and use regulations.
44
45 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
46 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
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I shall be implemented, in part, by the adoption and enforcement of appropriate local
2 regulations on the development of lands and waters within an area. It is the intent of this act
3 that the adoption and enforcement by a governing body of regulations for the development of
4 land or the adoption and enforcement by a governing body of a land development code for an
5 area shall be based on, be related to, and be a means of implementation for an adopted
6 comprehensive plan as required by this act.
7
8 VI. PROCESS
9
10 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
11 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
12 to file an application with the Planning Director accompanied by a nonrefundable application fee as
13 established from time to time by the BOCC to defray the actual cost of processing the application. After
14 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
15 with a recommendation of approval or denial to the Development Review Committee for review and
16 comment. Staff shall make a recommendation to the Planning Commission.
17
18 The Planning Commission shall review the application, the reports and recommendations of the
19 Planning and Environmental Resources Department, the comments of the Development Review
20 Committee, and the testimony given at the public hearing, and shall submit its recommendations and
21 findings to the BOCC.
22
23 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
24 Environmental Resources Department staff, and the testimony given at the public hearings.
25 VII. STAFF RECOMMENDATION
26
27 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
28 Mixed Use/Commercial (MC) for property located at 103925, 103935, 103945, 103955, 103965
29 Overseas Highway, Key Largo.
30
31 VIII. EXHIBITS
32 1. 11"X 17" Map Series FLUM Amendment
33 2. Development Review Committee Resolution No. DRC 13-19
34 3. Planning Commission Resolution P52-19
35 4. Comparison of As-of-Right and Conditional Uses
36 5. Transmittal Resolution to State Land Planning Agency
37 6. Draft Ordinance
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