Item N02 N2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
March 20, 2024
Agenda Item Number: N2
2023-2162
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of 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, Monroe County, Florida, as proposed
by Abit Holdings, LLC (Monroe County Planning and Environmental Resources Department File No.
2019-029).
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department("Department")received an
amended application on May 30, 2023, from David Thompson on behalf of Abit Holdings, LLC
("Developer" or 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").
Please see the attached staff report for the full analysis of the proposed FLUM map amendment.
PREVIOUS RELEVANT BOCC ACTION:
On December 13, 2023, at a regularly scheduled meeting, the BOCC held a public hearing to consider
transmittal of the proposed map amendment, considered the staff report, and provided for public
comment and public participation in accordance with the requirements of state law and the procedures
adopted for public participation in the planning process. The BOCC adopted Resolution 643-2023
transmitting the proposed amendment to the State Land Planning Agency (Department of Economic
Opportunity—DEO) for review and comment.
2484
Following their review of the proposed amendment, DEO issued an Objections, Recommendations and
Comments (ORC) report on February 207, 2024. The ORC report did not identify any objections,
recommendations or comments. The County has 180 days from the date of receipt of the ORC to adopt
the proposed amendment, adopt the amendment with changes or not adopt the amendment.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
The Monroe County Planning & Environmental Resources Department professional staff recommend
approval of this proposed Future Land Use Map ("FLUM")Amendment.
DOCUMENTATION:
Exhibit 1 to Ordinance
2019-029 EOCC SR 03.20.24.doc
Abit Holdings_FLUM 11A17.pdf
Zoning District_comparison.docx
2019-029 DRC Reso 13m19.PDF
2019-029 PC Reso P52m19.PDF
2019-029 EOCC Reso 643m2023.pdf
FLUM_Ordinance.pdf
FINANCIAL IMPACT:
N/A
2485
Exhibit 1 to Ordinance# -2024
l
475240 `• ; '
475250
475260 �O
�Al
475270
I
I ;
475280
B AVE
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r
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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)
2486
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, CFM, AICP, Senior Director of Planning & Environmental Resources
10
11 From: Cheryl Cioffari,AICP, Assistant Director of Planning
12
13 Date: March 5, 2024
14
15 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
16 Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use /
17 Commercial (MC), for property located at 103925, 103935, 103945, 103955, 103965
18 Overseas Highway, Key Largo, as proposed by Abit Holdings, LLC (File#2019-029)
19
20 Meeting: March 20, 2024
21
22 I. REQUEST
23
24 On February 19, 2019, the Planning and Environmental Resources Department received an application
25 to amend the Monroe County Future Land Use Map (FLUM) designation from Residential Medium
26 (RM) to Mixed Use / Commercial (MC) for five (5) platted lots on USI, at approximate mile marker
27 104 in Key Largo. On May 30, 2023, an amended application was submitted by David Thompson on
28 behalf of Abit Holdings, LLC (the "Applicant"). The property is legally described as Block 7, Lots 9-13,
29 Largo Sound Village. The Applicant has also requested a corresponding Land Use District(Zoning) map
30 amendment for the subject property from Improved Subdivision(IS) to Suburban Commercial(SC).
111� ✓l,r i%/1 y ,,, ..rf r� �
vl 1 A "fiI�! !1 y �7� %,��)�,'�y�'ft ,✓v tMN�a.
,.
il'32 Existing FLUM Designation Proposed FLUM Designation
33
BOCC SR 03.20.2024 Page 1 of 14
File No. 2019-029
2487
1 II. BACKGROUND INFORMATION
2
3 Site Information:
4 Location: MM 104, Key Largo �'
5 Address: 103925, 103935, 103945, 103955, 103965 Overseas ������SSS�
6 Highway
7 Description: Block 7, Lots 9-13, Largo Sound Village (Plat Book _
8 4, Page 92)
9 Parcel ID Number: 00475240-000000; 00475250-000000;
10 00475260-000000, 00475270-000000 and 00475280-000000
11 Owner/Applicant: Abit Holdings, LLC �
12 Size of Affected Portion of Property: 31,115.9 SF (0.741 acres) ;
13 per survey by Lincoln Iturrey, P.A., Professional Land Surveyors � uJ UILAR
14 and Mappers, dated 7/24/13.
15 FLUM Designations: Residential Medium(RM) 10
�
16 Land Use Districts: Improved Subdivision(IS)
17 Tier Designation: III
18 Flood Zones: X
19 CBRS: No
20 Existing Use: Vacant
21 Existing Vegetation/Habitat: Undeveloped Land
22 Community Character of Immediate Vicinity: Adjacent land uses include vacant land and residential
23 uses to the east and south; commercial uses to the north and west(across US 1).
24
25 The property currently has a Land Use District (Zoning) designation of Improved Subdivision (IS) and a
26 Future Land Use Map (FLUM) designation of Residential Medium (RM). The Property was within the
27 BU-1 district (light business district)prior to September 15, 1986. From 1986 to 1992, the Property was
28 within the Suburban Residential (SR) zoning district. In 1992, the Property was designated as Improved
29 Subdivision (IS) zoning district. With the adoption of the Comprehensive Plan's FLUM in 1997, the
30 property was given the current FLUM designation of Residential Medium(RM).
31
32 The property is currently vacant and is designated as Tier 111. A vegetation survey/existing conditions
33 report was not submitted with the application to confirm the habitats.
34
35 The Applicant states that the reason for the proposed amendment is "to allow for various types of
36 residential and non-residential uses, excluding industrial and similar uses". The Applicant's full
37 explanation and justification of the proposed amendment is included in the file for the application (File
38 #2019-029).
39
40 Staff is reviewing the proposed amendment for consistency with State Statutes (including 163.3187,
41 F.S., above), Rules, internal consistency with the Comprehensive Plan and balancing all the
42 requirements and policy issues.
43
44 Community Meeting and Public Participation
45 In accordance with LDC Section 102-159(a), a community meeting was held on August 26, 2019, to
46 discuss the proposed Future Land Use Map (FLUM) amendment and corresponding Land Use District
BOCC SR 03.20.2024 Page 2 of 14
File No. 2019-029
2488
I (Zoning) Map amendment and to provide for public participation. There were approximately 37 people
2 in attendance who provided feedback on the item. Issues identified included: limiting the development
3 to high-end single-family residences, concern regarding the increased density and affordable housing.
4
5 Development Review Committee and Public Input
6 The Development Review Committee considered the proposed amendment at a regular meeting on
7 November 18, 2019 and received public input. On November 21, 2019, the Chair of the DRC signed
8 Resolution Nos. DRC 13-19 and DRC 14-19, recommending APPROVAL of the proposed amendments
9 to the Land Use District Map and Future Land Use Map to the Planning Commission and Board of
10 County Commissioners.
11
12 Planning Commission and Public Input
13 On November 19, 2019, the Planning Commission (PC) considered the proposed FLUM amendment,
14 provided for public comment and recommended denial through PC Resolution P52-19. Staff had
15 recommended approval of the proposed FLUM change, as it was consistent with the Goals Objectives
16 and Policies of the Monroe County Comprehensive Plan, did not adversely impact concurrency
17 standards,provided nonresidential uses and affordable housing uses and density. Per Resolution P52-19,
18 the Planning Commission's recommendation of denial was due to: (1) the proposed FLUM is anticipated
19 to adversely impact the community character of the surrounding area and (2) the proposed amendment
20 may result in an adverse change in community character in the subarea an adverse impact.
21
22 Previous Relevant BOCC Action and Public Input
23 On December 13, 2023, at a regularly scheduled meeting, the BOCC held a public hearing to consider
24 transmittal of the proposed map amendment, considered the staff report, and provided for public
25 comment and public participation in accordance with the requirements of state law and the procedures
26 adopted for public participation in the planning process. The BOCC adopted Resolution 643-2023
27 transmitting the proposed amendment to the State Land Planning Agency (Department of Economic
28 Opportunity—DEO) for review and comment.
29
30 Following their review of the proposed amendment, DEO issued an Objections, Recommendations and
31 Comments (ORC) report on February 207, 2024. The ORC report did not identify any objections,
32 recommendations or comments. The County has 180 days from the date of receipt of the ORC to adopt
33 the proposed amendment, adopt the amendment with changes or not adopt the amendment.
34
35
36 III. AMENDMENT REVIEW
37 Maximum Allocated Density and Intensity by Future Land Use Map Designation
38
Maximum development
Existing FLUM Type Adopted Standards potential based upon
density/intensity
Residential Medium(RM) Residential
IS zoning Allocated Density 1 du/lot 5 units
Total Upland Area: 5 lots TDR/Market Rate
(31,115 SF/0.714 ac) Residential Max Net N/A 0 units
Density
BOCC SR 03.20.2024 Page 3 of 14
File No. 2019-029
2489
Affordable Residential
0.571 buildable acres Max Net Density N/A 0 units
(0.714 ac—0.20 open space
ratio) Transient
Allocated Density 0 rooms/spaces/acre 0 rooms or spaces
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
31,115 SF/0.714 ac Affordable Residential 18du/buildable acre
( ) 10.29 units
Max Net Density (SC)
0.571 buildable acres
(0.714 ac—0.20 open space Transient 10-25
ratio) Allocated Density rooms/spaces/acre 7-17 rooms/spaces
Nonresidential 0.10—0.45 FAR 3,111 SF— 14,001 SF
Maximum Intensity (SC,UC,DR,MU)
Residential Market Rate Allocated: ...2.86 uumits,
TDR/Market Rate Residential Max Net. 13,42 w o ofl<� uu II° II II�'D IH,
Net Change in Development Affordable Residential Max Net: + II0,21)wiirii NL a1°1'o rca aIJ,l
Potential Based on FLUM
Transient Allocated: 1 11"
Nonresidential: 1 I14,0011 S L'
1
2 The above table provides an approximation of the development potential for residential, transient and
3 commercial development. Section 130-156(b) of the Land Development Code states: "The density and
4 intensity provisions set out in this section are intended to be applied cumulatively so that no
5 development shall exceed the total density limits of this article. For example, if a development includes
6 both residential and commercial development, the total gross amount of development shall not exceed
7 the cumulated permitted intensity of the parcel proposed for development."
8
9 As shown in the blue portion of the table, the proposed FLUM amendment would result in a decrease of
10 2.86 units in permanent allocated residential development potential; an increase of 3.42 units in max net
11 density residential potential for market rate units with the use of TDRs (note: this remains less than the
12 allocated development potential for market rate permanent units under the current FLUM); an increase
BOCC SR 03.20.2024 Page 4 of 14
File No. 2019-029
2490
I of 10.29 units in affordable residential development potential; an increase of 17 rooms or spaces for
2 transient units; and an increase in nonresidential development potential of 14,001 square feet. The
3 County has adopted Policy 101.5.26 (discouragement policy) which requires increases in allocated
4 residential density to be offset with the dedication of land. This amendment does not trigger this
5 requirement as the allocated density is decreasing.
6
7 Staff is still recommending approval of the proposed FLUM amendment, based on staff s findings that
8 the proposed amendment is consistent with the Goals Objectives and Policies of the Monroe County
9 Comprehensive Plan. Regarding community character, the Property is located across US 1 from several
10 commercial uses including: The Marina Club (boat storage), Sundowners (restaurant), Jimmy Johnson's
11 Big Chill (hotel and restaurant) and the Caribbean Club (bar). The parcels immediately north of the
12 Property, adjacent to US 1, is Gus's Toy Box (boat sales). Staff does not anticipate that the proposed
13 FLUM will adversely impact the community character of the surrounding area, as parcels along US 1 in
14 this location already include both commercial and residential uses. Additionally, the following
15 characteristics of the property support staff s analysis:
16
17 (1) Existing Vegetation/Habitat: Developed Land
18 (2) Existing Tier Designation: III
19 (3) Number of Listed Endangered or Threatened Species: Zero
20 (4) Existing Use: Vacant
21 (5) Community Character of Immediate Vicinity: Adjacent land uses include vacant land and
22 residential uses to the east and south; commercial and residential uses to the north and west
23 (across US 1).
24
25 Any proposed new residential, transient or nonresidential use would be subject to the requirements of
26 Chapter 138 of the Land Development Code related to the Residential and Nonresidential Rate of
27 Growth Ordinance (ROGO/NROGO)permit process.
28
29 It should be noted, while this amendment provides an increase of 3.42 units in max net density
30 residential potential for market rate units, this can only be utilized with the transfer of TDRs
31 (transferring and retiring density from a sender site so there is no net increase in density).
32
33 Further, it should be noted, while this amendment provides an increase of 10.29 units in affordable
34 residential development potential, the County's pool of available affordable allocations may be depleted
35 by the time this applicant submits a development proposal. If the affordable housing allocation pool is
36 depleted, the applicant will need to limit its development proposal request to nonresidential uses within
37 the SC zoning district and/or propose to transfer ROGO exemptions to enable any proposed affordable
38 residential development. As a potential third option, pursuant to Policy 101.3.10, the applicant may
39 coordinate and request to transfer affordable allocations from a municipality to the County through an
40 interlocal agreement.
41
42 As before, staff is recommending approval of the proposed FLUM change, as it is consistent with the
43 Goals Objectives and Policies of the Monroe County Comprehensive Plan, does not adversely impact
44 concurrency standards,provides alternative nonresidential uses and affordable housing uses and density.
45
BOCC SR 03.20.2024 Page 5 of 14
File No. 2019-029
2491
I It should be noted that the proposed corresponding land use (zoning) district amendment would also
2 alter the as-of-right and conditional uses permitted on the subject property. A comparison table of as-of-
3 right uses and conditional uses for the Improved Subdivision (IS) and Suburban Commercial (SC) land
4 use districts is provided as an attachment.
5
6 Compatibility with the Surrounding Area ��i
7 a. Existing Vegetation/Habitat: Developed Land `
8 b. Existing Tier Designation: III
9 c. Number of Listed Endangered or Threatened Species:
10 Zero
11 d. Existing Use: Vacant
12 e. Community Character of Immediate Vicinity: Adjacent
13 land uses include vacant land and residential uses to
14 the east and south; commercial uses to the north and
15 west(across US 1).
16
f
17 The Property is located across US I from several commercial
18 uses including The Marina Club (boat storage), Sundowners '
19 (restaurant), Jimmy Johnson's Big Chill (hotel and 014
20 restaurant) and the Caribbean Club (bar). The parcels
21 immediately north of the Property, adiacent to US 1, is Gus's ;
22 Toy Box (boat sales).
23
24 The proposed FLUM is not anticipated to adversely impact the community character of the surrounding
25 area of parcels along US I is predominately commercial.
26
27 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
28 Traffic Circulation (Comprehensive Plan Policy 301.1.1)
29 The subject property is located at the intersection of US 1 and B Avenue in Key Largo at approximately
30 mile marker 105. The property is accessible by via US 1 and B Avenue. Pursuant to the Comprehensive
31 Plan, the level of service standard for US 1 is LOS of"C." According to the 2021 US 1 Arterial Travel
32 Time and Delay Study, US 1 overall is operating at a LOS of"C" and Segment 23 on Key Largo (MM
33 99.5 to MM 106) is operating at a LOS of"A."
34
35 A Level 1 traffic impact study was submitted by the Applicant. At the time of development approval, a
36 trip generation analysis will be required to be submitted in order to verify sufficient roadway capacity.
37 According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for
38 Segment 23 is 11,148 trips.
39
40 The proposed FLUM is not anticipated to have any adverse impacts to the Traffic Circulation LOS.
41
42 Potable Water(Comprehensive Plan Policy 701.1.1)
43 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
44 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
45 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
46
BOCC SR 03.20.2024 Page 6 of 14
File No. 2019-029
2492
I The proposed FLUM amendment would decrease permanent allocated residential density beyond what
2 is already permitted and could result in a net decrease in demand from this site.
3
4 The proposed FLUM is not anticipated to adversely impact the Potable Water LOS.
5
6 Solid Waste (Comprehensive Plan Policy 801.1.1)
7 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
8 September 30, 2024; thereby,providing the County with approximately five(5) more years of guaranteed
9 capacity for solid waste. Currently, there is adequate capacity for solid waste generation. All commercial
10 solid waste is handled by private contract.
11
12 The proposed FLUM is not anticipated to adversely impact the Solid Waste LOS.
13
14 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
15 The County has adopted water quality treatment standards for wastewater facilities and within the
16 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
17 nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
18 amendment would increase the maximum net density on the site to 10.29 dwelling units, which would
19 increase the required flow by 767 gallons per day. Any proposed development on the site will either
20 need to connect to the Key Largo Wastewater Treatment Plant system, or provide on-site sewage
21 treatment and disposal that meets the LOS standards in Policy 901.1.1.
22
23 The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS.
24
25 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE
26 PLAN, THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES,AND
27 PRINCIPLES FOR GUIDING DEVELOPMENT
28
29 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
30 County Year 2030 Comprehensive Plan. Specifically, it furthers:
31
32 Goal 101: 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 101.1
36 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
37 does not result in a reduction of the level-of-service requirements established and adopted by this
38 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
39 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
40 can be reasonably met. [§163.3177 & 163.3180, F. S.]
41
42 Objective 101.5
43 Monroe County shall regulate future development and redevelopment to maintain and enhance the
44 character of the community and protect natural resources by providing for the compatible distribution of
45 land uses consistent with the designations shown on the Future Land Use Map.
46
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I Policy 101.5.3
2 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
3 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
4 and to define improved subdivisions as those lots served by a dedicated and accepted existing
5 roadway, have an approved potable water supply, and have sufficient uplands to accommodate the
6 residential uses. Development on vacant land within this land use category shall be limited to one
7 residential dwelling unit for each such platted lot or parcel which existed on or before January 4,
8 1996.
9
10 Policy 101.5.6
11 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
12 establishment of mixed use commercial land use (zoning) districts where various types of commercial
13 retail and office may be permitted at intensities which are consistent with the community character and
14 the natural environment. Employee housing and commercial apartments are also permitted. In addition,
15 Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may
16 include maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
17 institutional,public, and commercial retail uses.
18
19 This future land use category is also intended to allow for the establishment of mixed use development
20 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
21 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
22 continue to take a proactive role in encouraging the preservation and enhancement of community
23 character and recreational and commercial working waterfronts.
24 In order to protect environmentally sensitive lands, the following development controls shall apply to all
25 hammocks,pinelands, and disturbed wetlands within this land use category:
26 1. only low intensity commercial uses shall be allowed;
27 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
28 3. maximum net residential density shall be zero.
29
30 *****
31 Policy 101.5.25
32 Monroe County hereby adopts the following density and intensity standards for the future land use
33 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
34
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open Space
Category And Maximum Net DensityRatio
Corresponding Allocated Density(a) (a)(b) 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,
Mixed Use/ 3 du(SC) 6-18du(SC) DR,MU) 0.20
Commercial (MC) 6 du(UC) 12 du(UC)
Commercial Apartments 12-18 du(MU) <2,500 SF(RV)
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File No. 2019-029
2494
(RV) 18 du(DR)
0.30-0.60(MI)FAR
Residential Medium 1 du/lot(IS,IS-V,IS-M) N/A
IR MS-V,IS-M and 2 du/lot(IS-D)
(
IS-D 0)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.
(c) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only
be permitted for educational,research or sanitary purposes.
(0 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 fiiture
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 fiiture
land use designation for platted lots which have a duplex that was lawfiilly 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 Policy 101.19.2
3 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
4 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
5 have been completed in accordance with the principles outlined in this section and adopted by the Board
6 of County Commissioners:
BOCC SR 03.20.2024 Page 9 of 14
File No. 2019-029
2495
1
2
35. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
4 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
5 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only the
6 Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent to
7 the term Policy in the Comprehensive Plan. Strategies and Action Items without a green checkmark
8 next to them are not considered to be consistent with the definitions of"Objective" and "Policy" and
9 therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
10
11 Goal 102: Monroe County shall direct future growth to lands which are most suitable for development
12 and shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach
13 berm and tropical hardwood hammock).
14
15 Policy 105.2.1
16 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef
17 planned development, into three general categories for purposes of its Land Acquisition Program and
18 smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are:
19 Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name
20 Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth management
21 approaches associated with each tier are as follows:
22
23
24 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not
25 characterized as environmentally sensitive as defined by this Plan, except for dispersed and
26 isolated fragments of environmentally sensitive lands of less than four acres in area, where
27 existing platted subdivisions are substantially developed, served by complete infrastructure
28 facilities, and within close proximity to established commercial areas, or where a concentration of
29 nonresidential uses exists, is to be designated as an Infill Area. New development and
30 redevelopment are to be highly encouraged, except within tropical hardwood hammock or
31 pineland patches of an acre or more in area, where development is to be discouraged. Within an
32 Infill Area are typically found: platted subdivisions with 50 percent or more developed lots
33 situated in areas with few sensitive environmental features; full range of available public
34 infrastructure in terms of paved roads, potable water, and electricity; and concentrations of
35 commercial and other nonresidential uses within close proximity. In some Infill Areas, a mix of
36 nonresidential and high-density residential uses (generally 8 units or more per acre) may also be
37 found that form a Community Center.
38
39 Policy 105.2.2
40 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the
41 Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on
42 the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps
43 are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction
44 with the Livable CommuniKeys Program(Policy 101.19.1).
45
46 B. The proposed amendment is consistent with the Key Largo Livable Communieys Plan.
47 Specifically, it furthers:
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1
2 Strategy 1.3
3 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use type, density
4 and intensity on individual parcels within the planning area.
5
6 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development of
7 individual parcels with respect to density, intensity, bulk regulations, and all other land development
8 regulation. This will protect the existing conformance status of most uses and promote orderly
9 development consistent with the Comprehensive Plan.
10
11 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
12 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
13 comprehensive planning principles and the following community-goal related criteria:
14 a. Promote infill, design flexibility and transfer of density to Community Centers.
15 b. Preserve commercial conformance status within sections along US-1 predominated by existing
16 commercial businesses and disturbed lands.
17 c. Encourage sun-setting of intensive commercial uses within sections along US-1 predominated by
18 natural habitat or native-dominated landscape, relatively sparse development and relatively few
19 businesses.
20 d. Preserve commercial use status for existing waterfront uses that support the tourist-based and
21 working waterfront-based economy.
22 e. Give consideration to whether the property provides a unique or outstanding opportunity for
23 enhancement of design, connectivity and other community goals, especially along the US-1
24 corridor.
25
26 C. The proposed amendment is consistent with the Principles for Guiding Development for the
27 Florida Keys Area, Section 380.0552(7), Florida Statutes.
28
29 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
30 principles for guiding development and any amendments to the principles, the principles shall be
31 construed as a whole and no specific provision shall be construed or applied in isolation from the other
32 provisions.
33
34 (a) Strengthening local government capabilities for managing land use and development so that local
35 government is able to achieve these objectives without continuing the area of critical state
36 concern designation.
37 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
38 beds, wetlands, fish and wildlife, and their habitat.
39 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
40 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
41 wildlife, and their habitat.
42 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
43 development.
44 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
45 Keys.
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I (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
2 and ensuring that development is compatible with the unique historic character of the Florida
3 Keys.
4 (g) Protecting the historical heritage of the Florida Keys.
5 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
6 major public investments, including:
7
8 1. The Florida Keys Aqueduct and water supply facilities;
9 2. Sewage collection, treatment, and disposal facilities;
10 3. Solid waste treatment, collection, and disposal facilities;
11 4. Key West Naval Air Station and other military facilities;
12 5. Transportation facilities;
13 6. Federal parks, wildlife refuges, and marine sanctuaries;
14 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
15 8. City electric service and the Florida Keys Electric Co-op; and
16 9. Other utilities, as appropriate.
17
18 (i) Protecting and improving water quality by providing for the construction, operation,
19 maintenance, and replacement of stormwater management facilities; central sewage collection;
20 treatment and disposal facilities; and the installation and proper operation and maintenance of
21 onsite sewage treatment and disposal systems.
22 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
23 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
24 403.086(10), as applicable, and by directing growth to areas served by central wastewater
25 treatment facilities through permit allocation systems.
26 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
27 Keys.
28 (1) Making available adequate affordable housing for all sectors of the population of the Florida
29 Keys.
30 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
31 natural or manmade disaster and for a postdisaster reconstruction plan.
32 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
33 maintaining the Florida Keys as a unique Florida resource.
34 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
35 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
36
37 D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
38 Specifically, the amendment furthers:
39
40 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
41 enhance present advantages; encourage the most appropriate use of land, water, and resources,
42 consistent with the public interest; overcome present handicaps; and deal effectively with future
43 problems that may result from the use and development of land within their jurisdictions. Through
44 the process of comprehensive planning, it is intended that units of local government can preserve,
45 promote, protect, and improve the public health, safety, comfort, good order, appearance,
46 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
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2498
I efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
2 and other requirements and services; and conserve, develop, utilize, and protect natural resources
3 within their jurisdictions.
4
5 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal
6 status set out in this act and that no public or private development shall be permitted except in
7 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
8 conformity with this act.
9
10 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
11 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
12 development of the area that reflects community commitments to implement the plan and its
13 elements. These principles and strategies shall guide future decisions in a consistent manner and
14 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
15 of the comprehensive plan containing the principles and strategies, generally provided as goals,
16 objectives, and policies, shall describe how the local government's programs, activities, and land
17 development regulations will be initiated, modified, or continued to implement the comprehensive
18 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
19 regulations in the comprehensive plan but rather to require identification of those programs,
20 activities, and land development regulations that will be part of the strategy for implementing the
21 comprehensive plan and the principles that describe how the programs, activities, and land
22 development regulations will be carried out. The plan shall establish meaningful and predictable
23 standards for the use and development of land and provide meaningful guidelines for the content of
24 more detailed land development and use regulations.
25
26 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
27 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
28 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
29 development of lands and waters within an area. It is the intent of this act that the adoption and
30 enforcement by a governing body of regulations for the development of land or the adoption and
31 enforcement by a governing body of a land development code for an area shall be based on, be
32 related to, and be a means of implementation for an adopted comprehensive plan as required by this
33 act.
34
35 VI. PROCESS
36
37 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
38 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
39 to file an application with the Planning Director accompanied by a nonrefundable application fee as
40 established from time to time by the BOCC to defray the actual cost of processing the application. After
41 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
42 with a recommendation of approval or denial to the Development Review Committee for review and
43 comment. Staff shall make a recommendation to the Planning Commission.
44
45 The Planning Commission shall review the application, the reports and recommendations of the
46 Planning and Environmental Resources Department, the comments of the Development Review
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2499
I Committee, and the testimony given at the public hearing, and shall submit its recommendations and
2 findings to the BOCC.
3
4 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
5 Environmental Resources Department staff, and the testimony given at the public hearings.
6
7 VII. STAFF RECOMMENDATION
8
9 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
10 Mixed Use/Commercial (MC) for property located at 103925, 103935, 103945, 103955, 103965
11 Overseas Highway, Key Largo.
12
13 VIII. EXHIBITS
14
15 1. 11"X 17"Map Series FLUM Amendment
16 2. Development Review Committee Resolution No. DRC 13-19
17 3. Planning Commission Resolution P52-19
18 4. Comparison of As-of-Right and Conditional Uses
19 5. Transmittal BOCC Resolution 643-2023
20 6. Draft Ordinance
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2500
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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
2508
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
2509
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 00;
20 00475 50-'00 000; 00475260-000000; 00475270-000000 AND 004752 0-
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
2510
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
2511
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
2512
2 � r
4V,
5 �
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. 643 -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,APPROXIMATE MILE MARKER 104, CURRENTLY BEARING
20 PROPERTY IDENTIFICATION NOS. 00475240-000000; 00475250-000000;
21 00475260-000000; 00475270-000000 AND 00475280-000000; AS PROPOSED
22 BY ABIT HOLDINGS, LLC; PROVIDING FOR SEVERABILITY;
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
25 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
26 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND
27 FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
28 FOR AN EFFECTIVE DATE.'
29
30
31 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
32 "Monroe County", or the"County") conducted a public hearing for the purpose of considering the
33 transmittal pursuant to the State Coordinated Review Process in Florida Statutes § 163.3184(4), to
34 the State Land Planning Agency for objections, recommendations and comments, and to the other
35 Reviewing Agencies as defined in Florida Statutes § 163.3184(1)(c), for review and comment on
36 a proposed amendment to the 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
44 Section 1. The foregoing title of this Resolution and above prefatory recitals are hereby
45 incorporated as if fully stated herein.
' Monroe County Planning and Environmental Resources Department File No.2019-029.
Resolution 643 -2023 Pagel of 2
BOCC Transmittal: File No.2019-029
2513
46 Section 2. The Monroe County BOCC concurs with, accepts, and by reference adopts all of
47 the analysis, findings of fact and conclusions of law contained in the Monroe
48 County Planning and Environmental Resources Department professional staff
49 report accompanying the Board's consideration of this Resolution item and
50 recommending its approval, and said analysis and determinations of fact and law
51 within said professional staff report is/are hereby incorporated as if' fully stated
52 herein.
53
54 Section 3. The Monroe County Board of County Commissioners does hereby approve the
55 transmittal of the draft ordinance,attached as Exhibit A., for review of the proposed
56 Future Land Use Map ("FLUM") amendment,
57
58 Section 4. The Board 01' County Commissioners does hereby transmit the proposed
59 amendment to the State Land Platming Agency for review and comment in
60 accordance with the State Coordinated Review process pursuant to Section
61 163.3184(4), Florida Statutes.
62
63 Section 5. The Departments professional staff is/are given authority to prepare and submit
64 the required transmittal letter and supporting documents for the proposed
65 amendment in accordance with the requirements of Florida Statutes § 163.3 184(4).
66
67 Section 6., The Clerk of the Board is hereby directed to forward a certified copy of this
68 resolution to the Director of Planning.
69
70 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
71 Florida, at a regular meeting held on the 13th day of December, 2023.
72
73
74 Mayor Holly Merrill Raschein
75 Mayor Pro Tem .lames K. Scholl Yes
76 Commissioner Craig Cates No
77 Commissioner Michelle Lincoln Yes
78 Commissioner David Rice Yes
79
80
�1MC)NRCf�',
CMNERS
, C )UNTY., F ORIDA
ti
By: ........... ..................................
MAYOR HOLLY MERRILL RASCHEIN
V3
I V—
MOWOE COU I
87 Y XrTOMqEY
APF!,R,)'7= S TO FORM
88 "T,, EVIN MADOK, CLERK
89
PET-ER NAORMS
90
9 ASS BcTANT COUNn'ATTOFINEY
Datw __.,.1 /28/23
1 AS JFPLJTY CLERK .............. —-1------
Resolution 643 -2023 Page 2 of 2
130CC'"Fransmittal: File No. 2019-029
2514
Exhibit A to Resolution
2
5
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, 03945, 103 ND
16 103925 OVERSEAS HIG Y, ,...... KEY L 91111111111,
17 APPROXIMATELY MILE 1049 WITH PAR
18 IDENTIFICATION NUMBERS 004752 0 475250-000 0;
19 00475260-000000; 00475270-000000 A 0475280-000000; AS
20 PROPOSED BY ABIT °'ii LDINGS, LL ROVIDING FOR
21 SEVERABILITY; PROVI OR REPEAL CONFLICTING
22 PROVISIONS; PROVIDIN BANS TO THE
23 STATE LAND PLANNING A N THE CRETARY OF
24 STATE; PROVIDING FOR S p011 THE MONROE
25 COUNTY C ENSIVE AN AND OR AMENDMENT
26 TO THE TU AND US MAP; PROVIDING FOR AN
27 EFFEC„� ATE. LE 2019-02
28
29 u
30 W ���� �uuuuu�uui May 023 the ning and Environmental Resources Department
31 receive amende catio m Abit Holdings, LLC (the "Applicant") to amend the
32 Mono unty Future Use UM) from Residential Medium (RM) to Mixed Use /
33 Co "°p0�me MC) for 103 1039 103945, 103935 and 103925 Overseas Highway, Key
34 Largo (the erty"); and
35
36 WHE the icant 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
2515
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 Q,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 C ryl Cio ICP, Assistant
15 Director of Planning;
66 2 Department staff and Sworn testiony of Monroe County Pliii�llll ng & Environmental Re
1 uuu�j1pp°
18 3. Advice and counsel of Steve Williams Ass ttorney, ands ohn Wolfe
19 Planning Commission Counsel.
20 0iillll
21 WHEREAS, based upon the in nand docum on submitted the Planning
22 Commission found: ��� Ill uuu1p1p0°
23 1. The proposed FLUM is anticipa to a impa„ the community character of
24 the surrounding area; IIIIIIIIIIIIIIIIIIIIII 1111111.
25 2. The proposed not anticip to adver impact the Comprehensive Plan
26 adopted Le of Se (LOS);
27 3. The prod endm is consisten it „the Goals, Objectives and Policies of the
28 Monroe Co Comprehens Plan; and
29 4. The osed a y C"""'" with the Principles for Guiding Development
a 30 °"'�ii� Ke of ri i tate Concern, Sec. 380.0552(7), F.S.;
31 he propo end is consistent with Part 11 of Chapter 163, Florida Statute;
32 and Ill uuu0j1pp°
33 °1 e proposed a ment 1 result in an adverse change in community character to
34 - r hi rp����� amendmentff r n r in r n i h
b a ea w proposed a affects o to a area accordance ce with
P PY
35 the Largo Li le CommuniKeys master plan pursuant to findings of the BOCC.
36
37 WHEREA nroe County Planning Commission adopted Resolution No. P52-19
38 recommending to the nroe County Board of County Commissioners denial of the proposed
39 amendment; and
40
41 WHEREAS, at a regular meeting held on the day of , 2023, the Monroe
42 County Board of County Commissioners held a public hearing to consider the transmittal of the
43 proposed amendment, considered the staff report and provided for public comment and public
44 participation in accordance with the requirements of state law and the procedures adopted for
45 public participation in the planning process; and
46
Ord.No. -2023
File 2019-029 Page 2 of 4
2516
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 t 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 O FL dment;
15
16 NOW, THEREFORE, BE IT ORDAINED B E MT ROE COU IIPRD OF
17 COUNTY COMMISSIONERS: uplll u�u
18 mui
19 Section 1. The Future Land Use Map of the Monroe my 2030 Comprehensive Plan is
20 amended as follows: 0jilllll
21 uu
22 The property located at 103965, 1 45, 10393 103925 Overseas
23 Highway, Key Largo, is changed fro Resi "" ediu , ) to Mixed Use /
24 Commercial (MC) as shown on Exhib 1 the and incorporated herein.
25
26 Section 2. Severabili any on, subsect sentence, clause, item, change, or provision
27 of this ordinance iui valid, remainder thi ordinance shall not be affected by such
28 validity.
29 u�
30 Section 3. onsi Provisio . All ordinances or parts of ordinances in conflict
31 with thi dinance ar y re to the extent of said conflict.
32 �iiiplllllllll Vu11ppp0
33 Sec���ion ansmittal. ordin e shall be transmitted by the Director of Planning to the
34 State Land mg Agency suant to Chapter 163 and 380, Florida Statutes.
35 """�u�lllll
36 Section 5. Film d E tive 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
2517
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of
3
4 Mayor Holly Merrill Raschein
5 Mayor Pro J' m James Scholl
6 Commissioner Craig Cates
7 Commissioner Michelle Lincoln
8 Commissioner David Rice
9
10
11 BOARD OF COUN COMMISSIONERS
12 OF MONROE C LORIDA
13
14 BY
15 OR OLLY ME RASCHEIN
16
17 (SEAL) uuulllllll °0p�i�p Ill uu1ppp0
18 IIIIIIIIIIIIIIIIII ��������
19 ATTEST: KEVIN MADOK, CLERK
20 "iiIIII
21
22 AS DEPUTY CLERK VUVuuuo�.
jjj
Ord.No. -2023
File 2019-029 Page 4 of 4
2518
KeysNews.eom
KE TEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3911154
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, November 25,2023
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 27th day of November 2023
(Notary Public Signature)
Jill Kelli Di Benedetto
(Notary Public Printed Name)
My commission expires 8/19/2023
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
Notary Public State of Florida
Ak Jill Kalil Di Benedetto
ttN My Commission HH 390294
ExpirBS 811912027
2519
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF HNR_ X tune, and prof-ANwnen.
ele-ted homes should It tohara@keysnews.com
PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT
CODE NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND
USE MAP NOTICE OF CHANGE TO MONROE COUNTY TIER OVERLAY
DISTRICT MAP NOTICE OF CHANGE TO MONROE COUNTY LAND USE
DISTRICT(ZONING)MAP
OECEMBER 13,2023 NOTICE IS HEREBY GIVEN that on Wednesday ro
December 13,M23,the Mone County Board of County Comm s9 Doers will hold a Pubicl M.F,g,beginning
at 09:00 AMThe BOCC mNF,gwit l be held in hybrid loon at,ell owing the p it is Dattend ei therviaZoom Web-,or in IS n The i n petaon TOIII ngwill be hel d INI
IF the Murray Nelson Government Center,located a1102050 Overseas Highway,Key Largo,FL.The following items will be considered at the PUBLIC HEARING: �0�br�
PUBLIC HEARINGS:09:00 AM(,r as soon thereafter as m ay be heard): 11 AS I
P�now tl
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-143 r 'jj ( /1 y
77
TAMERNIER COMMERCIAL OVERLAY(TCO)DISTRICT,ESTABLISHING PURPOSE AND INTENT,BOUNDARY,APPLICABILITY,NROGO ALLOCATION STANDARDS,AS-OF- r��s�� ///tf
RIGHTAND CONDITIONAL USES,AND MAXIMUM NONRESIDENTIALAND RESIDENTIAL DEVELOPMENT POTENTIAL,FOR PROPERTIES LOCATED AT 92501 OVERSEAS
HIGHWAY KEY FARGO,APPROXIMATELY MILE MARKER 92 5 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS 00089490-OOOOOO AND 00490250-000000,
AS PROPOSED BY CEMEX CONSTRUCTION MATERIALS FLORIDA,LLC LEAF SINGLETARY CONCRETE PRODUCTS INC.,PROVIDING FOR SEVERABILITY,PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRANSMITTALTO THE STATE LAND PLANNINGAGENCY AND THE SECRETARY OF STATE,PROVIDING '' Y Y'-'I V
FORINCLUSION INTHE MONROE COUNTY CODE,PROVIDING FORAM EFFECTIVE DATE.(FILE 2022-053)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTWCT(ZONING)MAP TO ISLAMORADA VILLAGE
n
APPLY THE TAVERNIER COMMERCIAL OVERLAY(TCO)DISTRICT,TO PROPERTIES LOCATED AT 92501 OVERSEAS HIGHWAY,KEY LARGO,APPROXIMATELY MILE ((� TT,�T (�(��LAGE OF
MARKER 925 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS 00089490-000000 AND 00490250-000000,AS PROPOSED BY CEMEX CONSTRUCTION ISLANDS MATEWALS FLORIDA LLC F/K/ASINGLETARY CONCRETE PRODUCTS INC.,PROVIDING FOR SEVERABILITY,PROVIDING FORREPEAL OF CONFLICTING PROVISIONS, T �!p�Tn T�T/�
PROVIDING FORTRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE PROVIDING FORAMENDMENTTO THE LAND USE DISTWCT NOTICE OF PUBLIC HEARING(ZONING)MAP,PROVIDING FORAM EFFECTIVE DATE.(FILE 2022-054)SEE MAP 1 BELOW 1`I
AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERSAMENDINGTHE MONROE COUNTVTIER OVERLAY DISTRICT MAP FROMTIER I NOTICE IS HEREBY GIVEN that oo Tlreaday,December 12,20D,at
TO TIE Fill FORAPORTION OFTHE PROPERTY LOCATED AT 18
KAYDRIVE KEY LARGO,MILE MRKER101,DESCRIBED ASA STRIP OF LAND 125 FEETWIDE LYING 5:30 PM,the lalamo.III,Village of islands Village Cououl,will hold
IN SECTION 2I,TOWNSHIP 6I,RANGE 39 EAST,KEY LARGO,MONROE COUNTY,FLORIDA,BEING PART 0FTPACT I,AND PART OFTRACT 8,LARGO SOUND TARPONapublI,hearfog at Pounders Park Community Center located at 87000
BASIN PROPERTIES,PLAT BOOK 4,PAGE 130,HAVING PARCEL ID 00086580-000000,AS PROPOSED BY RAFAEL BEZANILLA,PROVIDING FOR SEVERABILITY, Overseas Highway,Ialamo.III,Pl,mda.'Ihe purpose ofth,public hearfog
PROM DING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE, ocoosfd,r the C11-fog Item.
PROVE
ROV DING FOR AMENDMENT TO THE TIER OVERLAY DISTWCT MAP,PROVIDING FORAM EFFECTIVE DATE(FILE 2023-135)SEE MAP 2 BELOW
FIRST READING
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERSAMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL
MEDIUM(RM)TO MIXED USE/COMMERCIAL(CC),FOR PROPERTY LOCATED AT 103965,103955,103945,103935 AND 103925 OVERSEAS HIGHWAY,KEY AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,
LARGO,APPROXIMATELY MILE MARKER 104,WITH PARCEL IDENTIFICATION NUMBERS 00475240-000000,00475250-000000,00475260-000000,00475270- FLORIDA,AMENDING CHAPTER 66"WATERWAYS;ARTICLE
000 OOAND 00475280-000000,AS PROPOSED BYABIT HOLDINGS,LLC PROVIDING FOR SEVERABILITY,PROVIDING FORREPEAL OF CONFLICTING PROVISIONS, I"IN GENERAL",SECTION 66-2"OPERATION OF VESSELS IN
PROMDING FORT SMITTALTO THE STATE LAND PLANNINGAGENCY AND THE SECRETARY OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY RESTRICTED AREAS"OF THEVILLAGECODETO MODIFY THE
COMPREHENSIVE PLANAND FOR AMENDMENT TO THE FUTURE LAND USE MAP,PROVIDING FORAM EFFECTIVE DATE(FILE 2019029)SEE MAP3 BELOW VESSEL EXCLUSION ZONEISWIM AREA GENERALY LOCATED
OFF OF PORT ANTIGUA AND WHITE MARLIN BEACH ON
A PUBLIC HEARING TO CONSIDER A REQUEST FOR ADMINISTRATIVE RELIEF FOR THOMAS CARL ROTHDEUTSCH ON LOT I2,BLOCK11 TROPICALBAYADDNO LOWER MATECUMBE KEY,AS FURTHER DESCRIBED ON
3.SUBDIVISION,BIG PINE KEY,MONROE COUNTY,FLORIDA HAVING REAL ESTATE NUMBER 00314240-000000,AT APPROXIMATE MILE CAREER 30. IXHIBIT"Wh PROVIDING FOR SEVERABILITY;PROVIDING
FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN
A PUBLIC HEARING TO CONSIDER A REQUEST FOR ADMINISTRATIVE RELIEF FOR HAROLD AND SHERRY FRED ON LOT 36,BLOCK 6,HELPS OCEAN PARK EFFECTIVEDATE
ESTATES,KEY LARGO,MONROE COUNTY FLORIDA HAVING REAL ESTATE NUMBER 00449340 000000,AT APPROXIMATE MILE MARKER 93.
Mapl Map2
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^,w>v_u_ A copy of the item may be reviewed IF the Village Admioistretive Center
Map3 and Public Safety Headquarters,86800 Overseas Highway,Ialamorada,
Florida.
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A Mfg, Affected parties may appear IF Ne public hearing or vie Ne Zoom video
coofereouog tool for the public hearfog,be heard and submit evidence
with respect to the appllcadoo.
e P S 05 PI 'd S y fshfog to appeal
y d d byy th,I l d V'll g C 'I 'D respect to any
g 'd d 1, g h g ,It d a recor o the
p d'g d f h p p y d thate vd erb
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cord of the proceedi"g is made,prepared by a court reporter at the
appellaot's e.peo,,-h record-I,Ides the Ae troy and evidence upon
which the appeal u to be based.
ADAAaatatauce Io eceordeocewtth th A with D' b'I" A f
1990 ellpersoos who are dhab1,d and h d peualI-.-datioas
wu
- .-- " -- to pertlupete io this meetlog because of that disebilityshould coomct the
Please visit the Monroe County W.Mite at www.ms sooty-fl.Asv for meeting agenda updates and information regarding the various splisns ofice of the Village ADA Coordioetor IF(30�6646448(TTY 664b890)
vailable is the public is view the live meetinAand/sr is make public comments on certain agenda items. at least three days prior thereto.
Pursuant m SBCSon 286.0105 Ronda Statutsa ff a person decides to appeal any decision of the Board of County Co,,-w th respect many matter Two or members from various committees may be
onsfd-datfhs--gorhearing,hs..hs.11...d a record ofthspmCBsdngaa,dtha(fofs,ehp,use he orshsmay...dmensurea uerb-,sewed present at this meaogttee
of the pmceed,,gs fs madq which reM,,Y-d,the testimony&evidence,moo which the appealfs to be based.
ADA ASSISTANCE:Ifyou are a person with a MsabMty who needs specialaawmmodatwns in order.p,,Ikipak in this pviceediw,,pkase contact the bP.
County AdministraMYS Ohre,by phoniry(305)292W 41,beNveen Me lours o(8.30a.om-5.00p.m.,ao lake than fve(5)c,kad,,days pave M the Peter F,.
schedukd meefng,ff( are hearing or vo impaired,call"111." Eovtroo-bd Resource T,D.,,r
���2520
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6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2024
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING THE MONROE
13 COUNTY FUTURE LAND USE MAP ("FLUM") FROM
14 RESIDENTIAL MEDIUM ("RM") TO MIXED USE /
15 COMMERCIAL ("MC"), FOR PROPERTY LOCATED AT 103965,
16 103955, 103945, 103935 AND 103925 OVERSEAS HIGHWAY, KEY
17 LARGO, APPROXIMATELY MILE MARKER 104, CURRENTLY
18 HAVING PROPERTY IDENTIFICATION NUMBERS 00475240-
19 000000; 00475250-000000; 00475260-000000; 00475270-000000 AND
20 00475280-000000; AS PROPOSED BY ABIT HOLDINGS, LLC;
21 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
22 OF CONFLICTING PROVISIONS; PROVIDING FOR
23 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
24 AND THE SECRETARY OF STATE; PROVIDING FOR
25 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
26 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
27 MAP; PROVIDING FOR AN EFFECTIVE DATE.
28
29
30 WHEREAS, on May 30, 2023, the Planning and Environmental Resources Department
31 ("Department") received an amended application from Abit Holdings, LLC ("Developer" or the
32 "Applicant') to amend the Monroe County Future Land Use Map ("FLUM") from Residential
33 Medium ("RM") to Mixed Use / Commercial ("MC") for 103965, 103955, 103945, 103935 and
34 103925 Overseas Highway, Key Largo ("subject property" or the"Property"); and
35
36 WHEREAS, the Applicant has also requested a corresponding Land Use District
37 ("LUD") map amendment for the subject property from Improved Subdivision ("IS") to
38 Suburban Commercial("SC"); and
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 DRC Resolution Nos.
44 13-19 and 14-19, recommending APPROVAL of the proposed amendments to the Land Use
45 District ("LUD") Map and Future Land Use Map ("FLUM") to the Monroe County Planning
46 Commission and Board of County Commissioners; and
2521
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 ("FLUM") of the Monroe County Year 2030
4 Comprehensive Plan and the proposed LUD map amendment for the Property, and provided for
5 public comment; 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 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. Department professional report dated November 8, 2019,prepared by Assistant
15 Director of Planning Cheryl Cioffari, A.I.C.P.;
16 2. Sworn testimony of Monroe County Planning and Environmental Resources
17 Department professional staff; and
18 3. Advice and counsel of Planning Commission General Counsel John J. Wolfe, Esq.,
19 and remarks by Assistant County Attorney Steve Williams.
20
21 WHEREAS, based upon the information and documentation submitted, the Planning
22 Commission found:
23
24 1. The proposed FLUM is anticipated to adversely impact the community character of
25 the surrounding area;
26 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
27 adopted Level of Service ("LOS");
28 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
29 Monroe County Year 2030 Comprehensive Plan; and
30 4. The proposed amendment is consistent with the Principles for Guiding Development
31 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
32 Statutes;
33 5. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
34 and
35 6. The proposed amendment will result in an adverse change in community character to
36 the sub-area which a proposed amendment affects or to any area in accordance with
37 the Key Largo Livable CommuniKeys master plan pursuant to findings of the BOCC.
38
39 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
40 Resolution No. P52-19 recommending that the Monroe County Board of County Commissioners
41 deny this proposed amendment; and
42
43 WHEREAS, at a regular meeting held on the 13th day of December 2023, the Monroe
44 County Board of County Commissioners held a public hearing to consider the transmittal of the
45 proposed amendment, considered the Department's professional staff report and provided for
2522
I public comment and public participation in accordance with the requirements of state law and the
2 procedures adopted for public participation in the planning process; and
3
4 WHEREAS, at the December 13, 2023, public hearing, the BOCC adopted Resolution
5 No. 643-2023, transmitting the amendment to the State Land Planning Agency; and
6
7 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
8 received its Objections, Recommendations and Comments ("ORC") report on Febreuary 20,
9 2024; and
10
11 WHEREAS, the ORC report did not identify any objections, recommendations or
12 comments; and
13
14 WHEREAS, at a regularly scheduled meeting on the 20th day of March 2024, the BOCC
15 held a public hearing to consider adoption of the proposed FLUM amendment;
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
18 OF COUNTY COMMISSIONERS:
19
20 Section 1. Title and Recitals. The foregoing title and recitals are true and correct,
21 and are hereby incorporated as if fully set forth herein.
22
23 Section 2. Findings of Fact and Conclusions of Law. The findings of fact and
24 conclusions of law set forth above constitute the BOCC's findings of fact and conclusions of law
25 and are hereby incorporated as if fully stated herein.
26
27 Section 3. The BOCC accepts all of the findings of fact and conclusions of law in the
28 March 5, 2024-dated Monroe County Planning and Environmental Resources Department
29 professional staff report accompanying this BOCC agenda item, from and through Assistant
30 Director of Planning Cheryl Cioffari, A.I.C.P., and Senior Director Emily Schemper, A.I.C.P.,
31 C.F.M., and hereby adopts them as the BOCC's own legal and factual determinations and
32 incorporates said professional staff report as if fully set forth herein.
33
34 Section 4. The Future Land Use Map ("FLUM") of the Monroe County 2030
35 Comprehensive Plan is amended as follows:
36
37 The property located at 103965, 103955, 103945, 103935 and
38 103925 Overseas Highway, Key Largo, is changed from
39 Residential Medium ("RM") to Mixed Use / Commercial ("MC")
40 as shown on Exhibit 1., attached hereto and hereby incorporated as
41 if fully set forth herein .
42
43 Section 5. Construction and Interpretation. The construction and interpretation of
44 this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code,
45 Florida Statues, and Monroe County Code Provision(s) whose interpretation arises out of, relates
46 to, or is interpreted in connection with this Ordinance shall be liberally construed and enforced in
2523
I favor of Monroe County, and shall be construed in favor of the BOCC and such construction and
2 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
3 bankruptcy, and on appeal.
4
5 Section 6. No Liability. Monroe County expressly reserves in no way shall be
6 deemed to have waived, for itself or for its officer(s), employee(s), or
7 agent(s), any sovereign, governmental, and any other similar defense,
8 immunity, exemption, or protection against any suit, cause-of-action,
9 demand, or liability.
10
11 Section 7. Severability. If any provision of this ordinance, or any part or portion
12 thereof, is held to be invalid or unenforceable by any administrative
13 hearing officer or court of competent jurisdiction, the invalidity or
14 unenforceability of such provision, or any part or portion thereof, shall
15 neither limit nor impair the operation, enforceability, or validity of any
16 other provision of this ordinance, or any remaining part(s) or
17 portion(s)thereof. All other provision of this ordinance, and remaining
18 part(s) or portion(s) thereof, shall continue unimpaired in full force and
19 effect.
20
21 Section 8. Repeal of Inconsistent Provisions. All ordinances in conflict with this
22 ordinance are hereby repealed to the extent of said conflict. The repeal of
23 an ordinance herein shall not repeal the repealing clause of such ordinance
24 or revive any ordinance which has ben repealed thereby.
25
26 Section 9. Transmittal. This ordinance shall be transmitted by the Director of
27 Planning to the State Land Planning Agency pursuant to Chapters 163 and
28 380, Florida Statutes.
29
30 Section 10. Filin2 and Effective Date. This ordinance shall be filed in the Office of
31 the secretary of the State of Florida but shall not become effective until a
32 notice is issued by the State Land Planning Agency or Administration
33 Commission finding the amendment in compliance, and if challenged,
34 until such challenge is resolved pursuant to Chapter 120, Florida Statutes.
35
36 Section 11. Inclusion in the Comprehensive Plan. The foregoing amendment shall
37 be incorporated in the Monroe County Comprehensive Plan and included
39 on the Future Land Use Map.
40 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
4� Florida, at a regular meeting held on the 20th day of March , 2024.
43 Mayor Holly Merrill Raschein
44 Mayor Pro Tem James Scholl
45 Commissioner Craig Cates
46 Commissioner Michelle Lincoln
47 Commissioner David Rice
2524
I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 BY:
5 MAYOR HOLLY MERRILL RASCHEIN
6
MWOE COUNTY ATTORNEY'
7 (SEAL) AP VED
8
9 ATTEST: KEVIN MADOK, CLERK Data:
10
11
12 AS DEPUTY CLERK
2525
Agenda Items N2 and N3
�Syr
Adoption of An Ordinance by the Monroe County Board of
County Commissioners amending the Monroe County Future
Land Use Map (FLUM) from Residential Medium (RM) to
Mixed Use Commercial (MC); and
Adoption of an Ordinance amending the LUD from Improved
Subdivision (IS) to Suburban Commercial (SC) on property
located at 103925, 103935) 103945, 103955 and 103965
Overseas Highway, Key Largo
Applicant: Abit Holdings, LLC
BOCC Meeting: March 20, 2024
File Numbers: 2019-029 and 2019-028
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Existing ed
Maximum Development Potential by Land Use District(Zoning)and Future Land Use Map Designation
LNistingFLUM/Zoning Type Adopted Standards Development Potential
Residential Medium(RM) Market Rate Allocated Density 1.0 du/lot 5 do
Improved Subdivision(IS)
T DR/Market Rate Residential Max Net Detvsiry 0 0 du
Gross Upland Area:5 Lots
(31,115 sf/0.714 acres)
Buildable Acres:0.571 Affordable Residential Max Net Density 0 0du
Transient Allocated Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed FLUM/Zoning Type Adopted Standards Development Potential
Market Rate Allocated Density 3.0 du/acre(SC) 2.14 du
Mixed Use Commercial(MC)
SuburbanCommercial(SC) TDR/Market Rate Residential MaxNetDensity 6.0 du/buildable acre(SC) 3.42du
Gross Upland Area:31,115 sf/0.714 acres
Buildable Acre:0.571 Affordable Residential MaxNetDensity 18.0 du/buildable acre(SC) 10.29du
T ransient Allo sated Density 10-2 5 rooms/spaces/acre 7-17 rooms/spaces
Nonresidential Uses 0.10-0.45FAR 3,111 sf-14,001 sf
Net Change in Development Potential ofproperty Type Net Change
based on FLUM&LUD Amendment
Market Rate A1locatedDensity -2.86 du
T DR/Market Rate Residential Max Net Density +3.42 du
Affordable Residential Max Net Density +10.29 du
TransientAllocated Density +17 rooms/spaces
Nonresidential Uses +14,001 sf
Staff
W)7
Staff recommends APPROVAL of adopting the proposed FLUM
amendment from Residential Medium (RM) to Mixed Use/ Commercial
(MC) and the LUD amendment from Improved Subdivision (IS) to
Suburban Commercial (SC) for property located at located at 103925,
103935, 1039457 103955 and 103965 Overseas Highway, Key Largo.
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Agenda Item N4
Transmittal of An Ordinance by the Monroe County Board of
County Commissioners amending the Monroe County Future
Land Use Map (FLUM) from Residential Medium (RM) to
Commercial (COMM) on property located at 106309,
106319, 106329, and 106339 Overseas Highway, Key Largo
Applicant: Del Sol Point, LLC
Agent: Island Construction Management, Inc.
BOCC Meeting: March 20, 2024
File Number: 2023-086
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Subject Properties11
■ Location: 106309, 106319, 106329,
106339 Overseas Highway M M 106 Key
1 Largo
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` 4 Platted Lots (14-17) Block 2 oc Ocean Isle
>
Estates
r Est�r,g quo %° Proposed quo ■ FLUM Designation: Residential Medium
(RM), proposing Commercial (COMM)
f
■ Land Use District: Improved Subdivision
rof rye (IS); proposing Commercial 1 (Cl )
rp Tier III
Flood Zone: X
i� ��vr 9 ✓ air" Y� ,h Exsfing FLUM r' Proposed FLUM
menm e n tReview Maximum Development Potential by Land Use District
Existing Zoning Type Adopted Development Potential
Standards
Proposed Future Land Use
Comprehensive Plan Policy 1 01.5.8: Improved Market Rate Allocated 1.0 du/lot 4 du
Subdivision(IS) Density
The principal purpose of the Commercial (COMM) future land use TDR/Market Rate Residential 0 0 du
category is to provide for the establishment of commercial zoning districts Gross Upland Max.Net Density
where various types of commercial retail; highway-oriented sales and Area:26,410 sf/ Affordable Residential Max. 0 0 du
Density D
services; commercial recreation; light industrial; public, institutional and 0.6 acres NetTra Net entAllocated Density o odu
office uses may be permitted at intensities which are consistent with the Transient Max.Net Density 0 0 du
community character and the natural environment. The commercial Nonresidential Uses 0 0sf
zoning districts established within this category are intended to serve the Proposed Zoning Type Adopted Development Potential
Standards
immediate vicinity or serve the Upper or Lower subarea. This category is Commercial) Market Rate Allocated 0 0du
not intended to accommodate transient or permanent residential (CI) Density
development. TDR/Market Rate Residential 0 0 du
Gross Upland Max.Net Density
Area:26,410 sf/ Affordable Residential Max. 0 0 du
In order to protect environmentally sensitive lands, the following 0.6acres Net Density
development controls shall apply to all Tier I lands within this land use Transient Allocated Density 0 0 du
category: Transient Max.Net Density 0 0 du
1. only low intensity commercial uses shall be allowed; and Nonresidential Uses 0.15-0.40 FAR 3,961.6 sf- 10,564 sf
2. a maximum floorarea ratio of 0.15 shall apply. (Ord. No. 010-2013) Net change in Type Net change
Development
Proposed Land Use (Zoning)District Potential of Market Rate Allocated Density -4du
LAC Section 1 30-28-Purpose o Pur f the Commercial 1 District C1 Cumulative TDR/Market Rate Residential Max.Net Density n/a
p Properties Based
The purpose of the C1 district is to establish areas for commercial retail, on LUD Affordable Residential Max.Net Density n/a
public, institutional and office uses designed and intended primarily to Amendment
Transient Allocated Density n/a
serve the needs of immediately surrounding residential areas. This district
should be established at locations convenient and accessible to Transient Max.Net Density n/a
residential uses to reduce trips on U.S. 1. Nonresidential Uses +3,961.6 sf 10,564 sf
0
Staff Recommendation
Staff recommends APPROVAL of transmittal of the proposed
FLUM amendment from Residential Medium (RM) to
Commercial (COMM) for properties located at 106309,
106319, 106329, and 106339 Overseas Highway, Key Largo
ww
Agenda Items N5 and N6 yr
An Ordinance by the Monroe County Board of County Commissioners
amending the Monroe County Future Land Use Map (FLUM) from
Residential Medium (RM) to Mixed Use/ Commercial (MC) and an
Ordinance amendment the LUD from Improved Subdivision-Masonry
(IS-M) to Mixed Use (MU) on property located at 103301 Overseas
Highway, Key Largo
Applicant:
Irwin Holdings 103301 , LLC
Agent:
Jim Saunders
BOCC Meetin
March 20, 20A
File Numbers 2023-081 and 2022-187
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Subject Property 11
m Location: 103301 Overseas Highway,
Y i
M M 1 K r 03, Key Largo
■
Size of Property: 0.3 acres (13,330.2
SF)Yy p
sung quo ;:; Pro osea quo A �� FLUM Designation: ResidentialMedium
(RM), proposing Mixed Use/ Commercial
p
y 'j pr my" (MC)
r
7
M' 1
AlfLand Use District: Improved Subdivision
(IS); proposing Mixed Use (MU)
Tier: III
■
i
ol� I� p u�� I��li�llii(yCtil YI IINI� it �
Proposed FLUM
�a E
Maximum Development Potenfial by Land Use District(Zoning)Map Designation
Existing 7—ing Type Adopted Sh.ndards Development Potential
Improved Subdivision-Masonry(IS-M) Market Rate Allocated Density 1.0 du/lot 2 du
Gross Upland Area:13,330.2 sf/03 acres
TDR/Market Rate Residential Max.Net Density 0 0 du
Buildable Acre:0.24
Affordable Residential Max Net Density 0 0 du
Transient Allocated Density 0 0 du
Transient Max Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed 7..ing Type Adopted Standards Development Potential
Mixed Use(MU) Market Rate Allocated Density 1.0 du/acre 0.3 do
G ross Upland Area:13,330.2 sf/03 acres
TDR'Markel Rate Residential Max.Net Density 12.0 du/buildable acre 2.99 du
Buildable Acre:0.24
Affordable Residential Max Net Density 18.0 dr✓buildable acre 4.32 du
Transient Allocated Density 5-10 du/acre 1.5 du-3 du
Transient Max.Net Density 15-20 du/buildable acre 3.6 du-4.8 du
Nonresidential Uses 0.15-0.40 FAR 1,9993 sF 5,332.1 sr
NetChange in Development Potential of Property based on LUD Type Net Change
Amendment
Market Rate Allocated Density -1.7 du
1DR'Markel Rate Residential Max.Net Density +2.88 du
Affordable Residential Max.Net Density +432 du
Transient Allocated Density +1.5 du-3 du
Transient Max.Net Density +3.6 do-4.8 do
Nonresidential Uses —1,999.5 sf-5,332.1 sf
0
Staff Recommendation
Staff recommends APPROVAL of adopting the proposed FLUM
amendment from Residential Medium (RM) to Mixed Use/
Commercial (MC) and for the LUD amendment from Improved
Subdivision-Masonry (IS-M) to Mixed Use (MU) for property
located at located at 103301 Overseas Highway, Key Largo.