Item N03 N3
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: N3
2023-2181
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 Amending the Monroe County Land Use
District ("LUD") Map from Improved Subdivision ("IS") to Suburban Commercial ("SC"), for five (5)
platted lots legally described as Block 7, Lots 9-13, Largo Sound Village (Plat Book 4, Page 92,
Official Records of Monroe County, Florida), as proposed Abit Holdings, LLC.
ITEM BACKGROUND:
On February 21, 2019, the Monroe County Planning and Environmental Resources Department
("Department")received an application from the Island Construction Management on behalf of Abit
Holdings, LLC ("Developer" or the "Applicant") to amend the Monroe County Land Use District
("LUD") map from Improved Subdivision ("IS") to Suburban Commercial ("SC"), for five (5)platted
lots legally described as Block 7, Lots 9-13, Largo Sound Village. The Applicant has also requested a
corresponding Future Land Use Map ("FLUM") amendment for the property from Residential Medium
("RM") to Mixed Use/Commercial ("MC").
Please see attached Staff Report for background, proposed map amendment, and analysis.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
2526
STAFF RECOMMENDATION:
The professional staff recommends approval of the proposed LUD amendment from Improved
Subdivision("IS") to Suburban Commercial ("SC"), contingent on adoption and effectiveness of the
proposed corresponding Future Land Use Map ("FLUM") amendment from Residential Medium
("RM") to Mixed Use/Commercial ("MC").
DOCUMENTATION:
Exhibit I to Ordinance
2019-028—BOCC—SR-03.20.24.docx
Abit—Holdings—KL—LUD IIA-17.r)df
2019-028—Ordinance.pdf
FINANCIAL IMPACT:
N/A
2527
Exhibit 1 to Ordinance# -2024
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475250
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475270
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The Monroe County Land Use District is amended
as indicated above.
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
Improved Subdivision(IS)to Suburban Commercial(SC)
2528
"dill I
2 M � 1yq.
3 '
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8
9 To: Monroe County Board of County Commissioners
10
I I Through: Emily Schemper, CFM, AICP, Senior Director of Planning & Environmental Resources
12
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning
14
15 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the Monroe
16 County Land Use District (Zoning) Map from Improved Subdivision (IS) to Suburban
17 Commercial (SC), for five (5) platted lots legally described as Block 7, Lots 9-13, Largo
18 Sound Village (Plat Book 4, Page 92), as proposed Abit Holdings, LLC (File#2019-028)
19
20 Meeting: March 20, 2024
21
22 I REQUEST
23
24 On February 21, 2019, the Planning and Environmental Resources Department received an application
25 from the Island Construction Management on behalf of Abit Holdings, LLC (the "Applicant") to amend
26 the Monroe County Land Use District (Zoning) map from Improved Subdivision (IS) to Suburban
27 Commercial (SC), for five (5)platted lots legally described as Block 7, Lots 9-13, Largo Sound Village.
28 The Applicant has also requested a corresponding Future Land Use Map (FLUM) amendment for the
29 property from Residential Medium(RM) to Mixed Use/ Commercial(MC).
30
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31
32 Existing Land Use(Zoning)District Proposed Land Use(Zoning)District
33
34
BOCC SR 03.20.2024 Page 1 of 10
File No. 2019-028
2529
1 II. BACKGROUND INFORMATION
2
3 Site Information:
4 Location: MM 104, Key Largo
5 Address: n/a
6 Description: Block 7, Lots 9-13, Largo Sound Village (Plat Book
7 4, Page 92)
8 Parcel ID Number: 00475240-000000; 00475250-000000;
9 00475260-000000, 00475270-000000 and 00475280-000000
10 Owner/Applicant: Abit Holdings, LLC
11 Size of Affected Portion of Property: 31,115.9 SF (0.741 acres)
12 per survey by Lincoln Iturrey, P.A., Professional Land Surveyors
un�
13 and Mappers, dated 7/24/13. "
14 FLUM Designations: Residential Medium(RM)
15 Land Use Districts: Improved Subdivision(IS) "
16 Tier Designation: III
17 Flood Zones: X '
18 CBRS: No
19 Existing Use: Vacant
20 Existing Vegetation/Habitat: Undeveloped Land
21 Community Character of Immediate Vicinity: Adjacent land uses include vacant land and residential
22 uses to the east and south; commercial uses to the north and west(across US 1).
23
24 The property currently has a Land Use District (Zoning) designation of Improved Subdivision (IS) and a
25 Future Land Use Map (FLUM) designation of Residential Medium (RM). The Property was within the
26 BU-1 district(light business district)prior to September 15, 1986. From 1986 to 1992, the Property was
27 within the Suburban Residential (SR) zoning district. In 1992, the Property was designated as Improved
28 Subdivision (IS) zoning district. With the adoption of the Comprehensive Plan's FLUM in 1997, the
29 property was given the current FLUM designation of Residential Medium (RM).
30
31 The Applicant is also requesting proposed Future Land Use Map (FLUM) amendment for the property
32 from Residential Medium(RM) to Mixed Use/ Commercial (MC).
33
34 The Applicant states that the reason for the proposed amendment is "To allow for various types of
35 residential and nonresidential uses, excluding industrial and similar uses". The Applicant's full
36 explanation and justification of the proposed amendments is included in the file for the application (File
37 #2019-028).
38
39 Staff has reviewed the Applicant's position and supporting documentation, and is also reviewing the
40 proposed amendment for consistency with State Statutes(including 163.3187,F.S.,above),Rules,internal
41 consistency with the Comprehensive Plan and balancing all the requirements and policy issues.
42
43 Community Meeting and Public Participation
44 In accordance with LDC Section 102-159(a), a community meeting was held on August 26, 2019 at 5:05
45 PM to discuss the proposed Future Land Use Map (FLUM) amendment and to provide for public
46 participation. There were approximately 37 people in attendance who provided feedback on the item.
BOCC SR 03.20.2024 Page 2 of 10
File No. 2019-028
2530
I Issues identified included: limiting the development to high-end single-family residences, concern
2 regarding the increased density and affordable housing.
3
4 Development Review Committee and Public Input
5 The Development Review Committee considered the proposed amendment at a regular meeting on
6 November 18, 2019 and received public input. On November 21, 2019, the Chair of the DRC signed
7 Resolution Nos. DRC 13-19 and DRC 14-19, recommending APPROVAL of the proposed amendments
8 to the Land Use District Map and Future Land Use Map to the Planning Commission and Board of County
9 Commissioners.
10
11 Planning Commission and Public Input
12 On November 19, 2019, the Planning Commission (PC) considered the proposed FLUM amendment,
13 provided for public comment and recommended denial through PC Resolution P53-19. Staff had
14 recommended approval of the proposed FLUM change, as it was consistent with the Goals Objectives and
15 Policies of the Monroe County Comprehensive Plan, did not adversely impact concurrency standards,
16 provided nonresidential uses and affordable housing uses and density.Per Resolution P52-19,the Planning
17 Commission's recommendation of denial was due to: (1) the proposed FLUM is anticipated to adversely
18 impact the community character of the surrounding area and (2) the proposed amendment may result in
19 an adverse change in community character in the subarea an adverse impact.
20
21 III. AMENDMENT REVIEW
22
23 Maximum Allocated Densityand Intensity by Land Use District (Zoning) Map Designation
Maximum
Adopted development
Existing Zoning Type Standards potential based
upon
density/intensity
Residential 1 du/lot 5 units
Allocated Density
Improved Subdivision (IS) TDR/Market Rate N/A 0 rooms/spaces
Residential Max Net Density
Total Upland Area:5 lots(31,115 Affordable Residential Max
SF/0.714 ac) Net Density N/A 0 SF
0.571 buildable acres Transient 0 rooms/spaces 0 rooms or spaces
(0.714 ac—0.20 open space ratio) Allocated Density
Nonresidential 0 FAR 0 SF
Maximum Intensity
Adopted Development
Proposed Zoning Type Standards potential based
upon density
Suburban Commercial (SC) Residential 3 du(SC)
Allocated Density 2.14 units
BOCC SR 03.20.2024 Page 3 of 10
File No. 2019-028
2531
Total Upland Area:5 lots(31,115
SF/0.714 ac) TDR/Market Rate 6-18du(SC) 10.29 units
Residential Max Net Density
0.571 buildable acres
(0.714 ac—0.20 open space ratio)
Affordable Residential Max 6-18du(SC)
N 10.29 units
Net Density
Transient 10-25 rooms/spaces 7-17 rooms/spaces
Allocated Density
Nonresidential 0.10—0.45 (SC,
Maximum Intensity UC,DR,MU) 3,111 SF— 14,001 SF
Residential Market Rate Allocated: -3 units
TDR/Market Rate Residential Max Net: +10.29 units
Net Change in Development Affordable Residential Max Net: +10.29 units affordable
Potential Based on Zoning
Transient Allocated: +17 rooms/spaces
Nonresidential: +14,001 SF
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
7 gross amount of development shall not exceed the
8 cumulated permitted intensity of the parcel proposed for
9 development."
10
i
11 As shown in the blue portion of the table, the proposed
12 Zoning amendment would result in a decrease of 2.86 units
13 in permanent allocated residential development potential;
14 an increase of 10.29 units in max net density residential r�
15 potential for market rate units with the use of TDRs; an ��'
16 increase of 10.29 units in affordable residential
17 development potential; an increase of 17 rooms or spaces , o
18 for transient units; and an increase in nonresidential '
19 development potential of 14,001 square feet. ��
20
21 Compatibility with the Surrounding Area
22 a. Existing Vegetation/Habitat: Developed Land
23 b. Existing Tier Designation: III
24 c. Number of Listed Endangered or Threatened Species: Zero
25 d. Existing Use: Vacant
26 e. 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
BOCC SR 03.20.2024 Page 4 of 10
File No. 2019-028
2532
I The Property is located across US I from several commercial uses including The Marina Club (boat
2 storage), Sundowners (restaurant), Jimmy Johnson's Big Chill (hotel and restaurant) and the
3 Caribbean Club (bar). The parcels immediately north of the Property, adiacent to US 1, are Gus's
4 Toy Box (boat sales). The proposed LUD amendment is not anticipated to adversely impact the
5 community character of the surrounding area as the parcels along US I are predominately
6 commercial.
7
8 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE
9 PLAN, THE KEY LARGO COMMUNIKEYS PLAN, AND THE MONROE COUNTY LAND
10 DEVELOPMENT CODE
11
12 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
13 County Year 2030 Comprehensive Plan (Note: compliance with Policy 101.5.26 must be
14 established prior to BOCC adoption of the proposed FLUM amendment). Specifically, it
15 furthers:
16
17 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
18 safety of County residents and visitors, and protect valuable natural resources.
19
20 Objective 101.1
21 Monroe County shall ensure that all development and redevelopment taking place within its
22 boundaries does not result in a reduction of the level-of-service requirements established and
23 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
24 plan amendments include an analysis of the availability of facilities and services or demonstrate
25 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
26
27 Objective 101.5
28 Monroe County shall regulate future development and redevelopment to maintain and enhance the
29 character of the community and protect natural resources by providing for the compatible
30 distribution of land uses consistent with the designations shown on the Future Land Use Map.
31
32 Policy 101.5.3
33 The principal purpose of the Residential Medium (RM) future land use category is to recognize
34 those portions of subdivisions that were lawfully established and improved prior to the adoption
35 of this plan and to define improved subdivisions as those lots served by a dedicated and accepted
36 existing roadway, have an approved potable water supply, and have sufficient uplands to
37 accommodate the residential uses. Development on vacant land within this land use category
38 shall be limited to one residential dwelling unit for each such platted lot or parcel which existed
39 on or before January 4, 1996.
40
41 Policy 101.5.6
42 The principal purpose of the Mixed Use/Commercial(MC) future land use category is to provide
43 for the establishment of mixed use commercial land use (zoning) districts where various types of
44 commercial retail and office may be permitted at intensities which are consistent with the
45 community character and the natural environment. Employee housing and commercial apartments
46 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
BOCC SR 03.20.2024 Page 5 of 10
File No. 2019-028
2533
I conserve areas of mixed uses, which may include maritime industry, light industrial uses,
2 commercial fishing, transient and permanent residential, institutional, public, and commercial
3 retail uses.
4
5 This future land use category is also intended to allow for the establishment of mixed use
6 development patterns,where appropriate. Various types of residential and nonresidential uses may
7 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
8 The County shall continue to take a proactive role in encouraging the preservation and
9 enhancement of community character and recreational and commercial working waterfronts.
10 In order to protect environmentally sensitive lands,the following development controls shall apply
I I to all hammocks,pinelands, and disturbed wetlands within this land use category:
12 1. only low intensity commercial uses shall be allowed;
13 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
14 3. maximum net residential density shall be zero.
15
16
17 Policy 101.5.25
18 Monroe County hereby adopts the following density and intensity standards for the future land use
19 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
20
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open Space
Category And Maxim Net DensityRatio
Corresponding Allocated Density(a) mu (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,
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
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.
BOCC SR 03.20.2024 Page 6 of 10
File No. 2019-028
2534
(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).
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, 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 the
10 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this
11 Master Plan have been adopted and approved as equivalent to the term Objectives in the
12 Comprehensive Plan. Only the Action Items denoted with a green checkmark in this
13 Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan.
14 Strategies and Action Items without a green checkmark next to them are not considered
15 to be consistent with the definitions of "Objective" and "Policy" and therefore do not
16 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
BOCC SR 03.20.2024 Page 7 of 10
File No. 2019-028
2535
I Policy 105.2.1
2 Monroe County shall designate all lands outside of mainland Monroe County,except for the Ocean
3 Reef planned development, into three general categories for purposes of its Land Acquisition
4 Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three
5 categories are: Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier II) on Big Pine
6 Key and No Name Key only; and Infill Area(Tier III). The purposes, general characteristics, and
7 growth management approaches associated with each tier are as follows:
8
9
10 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of
11 land area is not characterized as environmentally sensitive as defined by this Plan,
12 except for dispersed and isolated fragments of environmentally sensitive lands of
13 less than four acres in area, where existing platted subdivisions are substantially
14 developed, served by complete infrastructure facilities, and within close proximity
15 to established commercial areas, or where a concentration of nonresidential uses
16 exists, is to be designated as an Infill Area. New development and redevelopment
17 are to be highly encouraged, except within tropical hardwood hammock or pineland
18 patches of an acre or more in area, where development is to be discouraged. Within
19 an Infill Area are typically found: platted subdivisions with 50 percent or more
20 developed lots situated in areas with few sensitive environmental features; full
21 range of available public infrastructure in terms of paved roads,potable water, and
22 electricity; and concentrations of commercial and other nonresidential uses within
23 close proximity. In some Infill Areas, a mix of nonresidential and high-density
24 residential uses (generally 8 units or more per acre) may also be found that form a
25 Community Center.
26
27 Policy 105.2.2
28 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one
29 of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an
30 overlay on the zoning map(s) with supporting text amendments in the Land Development
31 Regulations. These maps are to be used to guide the Land Acquisition Program and the smart
32 growth initiatives in conjunction with the Livable CommuniKeys Program(Policy 101.19.1).
33
34 B. The proposed amendment is consistent with the Key Largo Livable Communikeys Plan.
35 Specifically, it furthers:
36
37 Strategy 1.3
38 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use type,
39 density and intensity on individual parcels within the planning area.
40
41 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
42 of individual parcels with respect to density, intensity, bulk regulations, and all other land
43 development regulation. This will protect the existing conformance status of most uses and
44 promote orderly development consistent with the Comprehensive Plan.
45
BOCC SR 03.20.2024 Page 8 of 10
File No. 2019-028
2536
I Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
2 nonconforming uses,proposed changes in use, vacant parcels and other requests, based mainly on
3 comprehensive planning principles and the following community-goal related criteria:
4 a. Promote infill, design flexibility and transfer of density to Community Centers.
5 b. Preserve commercial conformance status within sections along US-1 predominated by
6 existing commercial businesses and disturbed lands.
7 c. Encourage sun-setting of intensive commercial uses within sections along US-1
8 predominated by natural habitat or native-dominated landscape, relatively sparse
9 development and relatively few businesses.
10 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
11 and working waterfront-based economy.
12 e. Give consideration to whether the property provides a unique or outstanding opportunity
13 for enhancement of design, connectivity and other community goals, especially along the
14 US-1 corridor.
15
16 C. The proposed amendment is consistent with the provisions and intent of the Monroe County
17 Code Land Development Code.
18
19 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance
20 enacting the proposed change based on one or more of the following factors:
21
22 1. Changed projections (e.g., regarding public service needs)from those on which the text of
23 boundary was based;
24
25 Per the Applicant: "Non-residential development with the potential for affordable or work force
26 housing is compatible with US 1 highway frontage, whereas 5 residential market-rate dwelling
27 units could impact northbound traffic on US L"
28
29 2. Changed assumptions (e.g., regarding demographic trends);
30
31 Per the Applicant: "Residential development of 5 market rate units is not logical on US frontage
32 in this mainly commercial area and not consistent with the Principles for Guiding Development
33 for the Florida Keys Area."
34
35 3. Data errors, including errors in mapping, vegetative types and natural features described in
36 Volume I of the plan;
37
38 Per the Applicant: "Subject area is undeveloped partially scarified Tier III property in an X flood
39 zone. Subject property is contiguous with non-residential uses to the north and to the east and
40 contiguous to a residential low undeveloped property. It is the opinion of this application that due
41 to the previous BU1 zoning and surrounding areas, subject property should likely have been
42 recognized in the 1986 land use plan and comp plan as SC Zoning."
43
44 4. New issues;
45
46 Per the Applicant: "With the end of ROGO looming, we believe the requested plan is consistent
47 with the comp plan and Principles for Guiding Development for the Florida Keys Area."
BOCC SR 03.20.2024 Page 9 of 10
File No. 2019-028
2537
1
2 The Applicant has proposed a corresponding FLUM amendment changing the FLUM designation
3 on the Property from Residential Medium (RM)to Mixed Use/Commercial (MC). The proposed
4 Zoning map amendment is necessary to be consistent with the proposed FLUM amendment.Note,
5 Sections 163.3194 and 163.3201, F.S.,require land development regulations to be consistent with
6 and implement the Comprehensive Plan.
7
8 5. Recognition of a need for additional detail or comprehensiveness; or
9
10 Per the Applicant: "This proposed Zoning change will allow for a smooth transition between
11 highway frontage and residential uses in the adjoining neighborhood and be consistent with the
12 community character of the surrounding highway frontage area."
13
14 The Applicant has proposed a corresponding FLUM amendment changing the FLUM designation
15 on the Property from Residential Medium (RM) to Mixed Use/Commercial(MC). The proposed
16 Zoning map amendment is necessary to be consistent with the proposed FLUM amendment.Note,
17 Sections 163.3194 and 163.3201, F.S.,require land development regulations to be consistent with
18 and implement the Comprehensive Plan.
19
20 6. Data updates.
21
22 N/A
23
24 In accordance with MCC §102-158(d)(5)c., in no event shall an amendment be approved which will
25 result in an adverse community change to the planning area in which the proposed development is
26 located or to any area in accordance with a livable communikeys master plan pursuant to findings
27 of the board of county commissioners.
28
29 Per the Applicant: "Subject property is not located in any of the LCP overlay districts. Any future
30 development as a result of the FLUM/Zoning change shall require a buffer to further enhance the
31 connectivity of future non-residential development to the adjacent residential uses."
32
33 The proposed LUD Amendment is consistent and is not anticipated to result in an adverse community
34 change as the parcels along US 1 are predominately commercial.
35
36 V. STAFF RECOMMENDATION
37
38 Staff recommends approval of the proposed Zoning amendment from Improved Subdivision (IS) to
39 Suburban Commercial (SC), contingent on adoption and effectiveness of the proposed corresponding
40 FLUM amendment from Residential Medium(RM) to Mixed Use/Commercial (MC).
41
42 VI. EXHIBIT
43
44 1. 11"by 17" LUD Amendment Maps
45 2. Ordinance
BOCC SR 03.20.2024 Page 10 of 10
File No. 2019-028
2538
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2024
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
12 DISTRICT ("LUD") MAP FROM IMPROVED SUBDIVISION ("IS") TO
13 SUBURBAN COMMERCIAL ("SC"), FOR PROPERTY LOCATED AT 103965,
14 103955, 103945, 103935 AND 103925 OVERSEAS HIGHWAY, KEY LARGO,
15 APPROXIMATELY MILE MARKER 103.9, CURRENTLY HAVING
16 PROPERTY IDENTIFICATION NUMBERS 00475240-000000; 00475250-000000;
17 00475260-000000; 00475270-000000 AND 00475280-000000; AS PROPOSED BY
18 ISLAND CONSTRUCTION MANAGEMENT ON BEHALF OF ABIT
19 HOLDINGS, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
23 AMENDMENT TO THE LAND USE DISTRICT ("LUD") MAP; PROVIDING
24 FOR AN EFFECTIVE DATE.
25
26
27 WHEREAS, on February 21, 2019, the Planning and Environmental Resources Department
28 received an application from the Island Construction Management on behalf of Abit Holdings, LLC
29 ("Developer" or the "Applicant") to amend the Land Use District ("LUD") Map from Improved
30 Subdivision ("IS") to Suburban Commercial ("SC") for property located at 103965, 103955, 103945,
31 103935 and 103925 Overseas Highway, Key Largo (the"Property"); and
32
33 WHEREAS, the Applicant has also requested a corresponding Future Land Map ("FLUM")
34 amendment for the subject property from Residential Medium ("RM") to Mixed Use / Commercial
35 ("MC"); and
36
37 WHEREAS, in accordance with Land Development Code ("LDC" or "Code") Section 102-
38 159(a), the Applicant held a community meeting regarding the proposed amendments on August 26,
39 2019; and
40
41 WHEREAS, on August 26, 2019, the Applicant held a community meeting as required by
42 Monroe County LDC Sections 102-158(a) and 102-159(b), to discuss the proposed Land Use District
43 ("LUD") Map amendment and the corresponding proposed Future Land Use Map ("FLUM")
44 amendment', and provide for public participation; and
45
i Monroe County Planning and Environmental Resources Department File No.2019-029.
1 of 5
2540
I WHEREAS, the Monroe County Development Review Committee ("DRC") considered the
2 proposed amendments at a regularly scheduled meeting held on November 18, 2019; and
3 WHEREAS, on November 21, 2019, the Chair of the DRC signed DRC Resolution No. 14-19,
4 recommending approval of the proposed amendment to the Land Use District ("LUD") map to the
5 Monroe County Planning Commission and Board of County Commissioners;
6 WHEREAS, at a regularly scheduled meeting held on October 30, 2019, the Monroe County
7 Planning Commission held a public hearing for the purpose of considering the proposed amendment to
8 the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan and the proposed LUD
9 map amendment for the site, and provided for public comment; and
10 WHEREAS, on December 18, 2019, the Monroe County Planning Commission adopted
11 Resolution No. P53-19, recommending DENIAL of the proposed amendment to the land use district
12 map to the Board of County Commissioners; and
13 WHEREAS, the Monroe County Planning and Environmental Resources Department
14 professional staff memorandum dated March 5, 2024, for the BOCC hearing, completed by Assistant
15 Director of Planning Cheryl Cioffari, A.I.C.P., recommends approval of the proposed amendment to
16 Land Use District("LUD") map; and
17
18 WHEREAS, at a regularly scheduled meeting held on March 20, 2024, the Monroe County
19 Board of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") held a duly
20 noticed public hearing, considered the Department's professional staff report and recommendation, and
21 provided for public comment and public participation in accordance with the requirements of state law
22 and the procedures adopted for public participation in the planning process; and
23 WHEREAS, based upon the documentation submitted and information provided, including but
24 not limited to the documentation and information furnished in the Department's professional staff report,
25 the BOCC hereby makes the following findings of fact and conclusions of law:
26
27 1. The proposed LUD amendment is not anticipated to adversely impact the community
28 character of the surrounding area;
29 a. As required by Monroe County Land Development Code Section 102-158, the map
30 amendment does not relieve particular hardships, nor confer special privileges or rights
31 on any person, nor permit an adverse change in community character, as analyzed in the
32 Monroe County Year 2030 Comprehensive Plan;
33 b. As required by LDC §102-158(d)(7)b., the map amendment is needed due to new issues
34 and recognition of a need for additional detail or comprehensiveness; and
35 2. The proposed LUD amendment is consistent with the Goals, Objectives and Policies of the
36 Monroe County Year 2030 Comprehensive Plan;
37 3. The proposed LUD amendment is consistent with the Principles for Guiding Development
38 for the Florida Keys Area, Section 380.0552(7), Florida Statute; and
39 4. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida Statutes.
40
41 WHEREAS, based upon the documentation submitted and information provided in the
42 accompanying Department professional staff report, the BOCC makes the following determinations:
43
2 of 5
2541
I 1. Prior to the 1986 adoption of the County's current land development regulations and their
2 associated land use district maps, the Property was within the BU-1 district (light business
3 district) zoning district; and
4 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for all
5 areas of the unincorporated county, and the Property was given its current zoning designation
6 of as Improved Subdivision("IS"); and
7 3. The proposed map amendment is consistent with the provisions of the Monroe County Code:
8 a. As required by LDC § 102-158, the map amendment does not relieve particular
9 hardships, nor confer special privileges or rights on any person,nor permit an adverse
10 change in community character, as analyzed in the Monroe County Year 2030
11 Comprehensive Plan;
12 b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to new
13 issues and recognition of a need for additional detail or comprehensiveness; and
14 4. The proposed map amendment is consistent with the provisions and intent of the Monroe
15 County Year 2030 Comprehensive Plan:
16 a. The Suburban Commercial ("SC") Land Use District ("LUD") with the proposed
17 Mixed Use/Commercial("MC")Future Land Use Map designation is consistent with
18 the respective density and intensity standards as set forth in Policy 101.5.25;
19 b. The Suburban Commercial ("SC") Land Use District("LUD") corresponds with the
20 proposed Mixed Use/ Commercial ("MC") Future Land Use Map ("FLUM")
21 designation, as set forth in CP Policy 101.5.6;
22 c. The proposed amendment is not inconsistent with the Key Largo Livable
23 CommuniKeys Plan; and
24 5. The proposed map amendment is consistent with the Principles for Guiding Development in
25 the Florida Keys Area of Critical State Concern;
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
29
30 Section 1. Title and Recitals. The foregoing title and recitals are true and correct, and are
31 hereby incorporated as if fully set forth herein.
32
33 Section 2. Findings of Fact and Conclusions of Law. The findings of fact and
34 conclusions of law set forth above constitute the BOCC's findings of fact and conclusions of law and
35 are hereby incorporated as if fully stated herein.
36
37 Section 3. The BOCC accepts all of the findings of fact and conclusions of law in the
38 Monroe County Planning and Environmental Resources Department professional staff report
39 accompanying this BOCC agenda item stating that it is for meeting date March 20, 2024, from and
40 through Assistant Director of Planning Cheryl Cioffari, A.I.C.P., and Senior Director Emily Schemper,
41 A.I.C.P., C.F.M., and hereby adopts them as the BOCC's own legal and factual determinations and
42 incorporates said professional staff report as if fully set forth herein.
43
44 Section 4. The Monroe County Land Use District("LUD") map is hereby amended as
45 follows:
46
47 The property located at property located at 103965, 103955, 103945, 103935 and
48 103925 Overseas Highway, Key Largo, Monroe County, Florida, located at mile
3 of 5
2542
I marker 103.9, currently having property identification numbers 00475240-
2 000000; 00475250-000000; 00475260-000000, 00475270-000000 and
3 00475280-000000 is changed from Improved Subdivision (IS) to Suburban
4 Commercial(SC),as shown on Exhibit 1,attached hereto and incorporated herein.
5
6 This Land Use District map amendment is contingent on adoption and
7 effectiveness of the corresponding Future Land Use Map ("FLUM") amendment
8 from Residential Medium ("RM") to Mixed Use/Commercial("MC").
9
10 Section 5. Construction and Interpretation. The construction and interpretation of this
11 Ordinance and all Monroe County Comprehensive Plan provision(s), Florida
12 Building Code, Florida Statues, and Monroe County Code Provision(s) whose
13 interpretation arises out of, relates to, or is interpreted in connection with this
14 Ordinance shall be liberally construed and enforced in favor of Monroe County,
15 and shall be construed in favor of the BOCC and such construction and
16 interpretation shall be entitled to great weight in adversarial administrative
17 proceedings, at trial, bankruptcy, and on appeal.
18
19 Section 6. No Liability. Monroe County expressly reserves in no way shall be deemed to
20 have waived, for itself or for its officer(s), employee(s), or agent(s), any
21 sovereign, governmental, and any other similar defense, immunity, exemption,
22 or protection against any suit, cause-of-action, demand, or liability.
23
24 Section 7. Severability. If any provision of this ordinance, or any part or portion thereof, is
25 held to be invalid or unenforceable by any administrative hearing officer or court
26 of competent jurisdiction, the invalidity or unenforceability of such provision, or
27 any part or portion thereof, shall neither limit nor impair the operation,
28 enforceability, or validity of any other provision of this ordinance, or any
29 remaining part(s) or portion(s)thereof. All other provision of this ordinance, and
30 remaining part(s)or portion(s)thereof, shall continue unimpaired in full force and
31 effect.
32
33 Section 8. Repeal of Inconsistent Provisions. All ordinances in conflict with this
34 ordinance are hereby repealed to the extent of said conflict. The repeal of an
35 ordinance herein shall not repeal the repealing clause of such ordinance or
36 revive any ordinance which has ben repealed thereby.
37
38 Section 9. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
39 Secretary of the State of Florida and shall become effective as provided by law.
40
41 Section 10. Inclusion on the Monroe County Code's Official Land Use District May,
42 The provisions of this Ordinance shall be included and incorporated on to the
43 Official Land Use District Map of Monroe County.
44
45 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
46 at a regular meeting held on the 20th day of March , 2024.
47
48
4of5
2543
I Mayor Holly Merrill Raschein
2 Mayor Pro Tern James K. Scholl
3 Commissioner Craig Cates
4 Commissioner Michelle Lincoln
5 Commissioner David Rice
8 BOARD OF COUNTY COMMISSIONERS
9 OF MONROE COUNTY, FLORIDA
10
11 BY:
12 MAYOR HOLLY MERRILL RASCHEIN
13
14 (SEAL) 9 ATTORNEY
MI
15 ATTEST: KEVIN MADOK, CLERK �3/5/2024
16
17
18 By:
19 AS DEPUTY CLERK
5 of 5
2544
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
��tiyr
FLUM Amendment
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Existing FLUM „ ,,, �;" 4Y ,'��d���,` ,, Proposed FLUM
'�%% i�'l/�'ID � rri; ;, ';/l�,f % ,f d,�FYI � ,✓ CF;;,,, �IDLY/"� ����,
�;tr, ji„� ������ "�� l� �� ;���'� %%a -" ;,; UI "�� r, ,;, � ' � %°m yg��ffP�'X�il %/�,,,✓
r/ / I 1 ✓, r �, %; �piPd�d % / l �„ (1,; i r � eo /' ��' 1 / , ' �� rYIYI➢; l�/ _,, � , t ,, »✓„ �ii�� ,,, / l � r, � i r cur, �`/1 I �r,/
IN
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LUD Amendment
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.,,,. ..��. r ry 9. ,ri ri, ,r 'arriirn / ,.., 1 I Y� ,.. 1 i •, r ,ray o/;' Y
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u
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r,%'� � ������r%' 4Fw� � %lr!r�/ °/ / � �/� ',:r ,; � t r' 1411�,✓ � ,,�,, ;' ,l ��'l,✓ ;i i1, (/iiif
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.
��tiyr
u"�
���
,�
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
��tiyr
Subject Properties11
■ Location: 106309, 106319, 106329,
106339 Overseas Highway M M 106 Key
1 Largo
w
` 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
��tiyr
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.