Item N04 N4
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: N4
2023-2187
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of a Resolution Transmitting to the State Land Planning
Agency an Ordinance by the Monroe County Board of County Commissioners amending the Monroe
County Future Land Use Map from Residential Medium ("RM") to Commercial (COMM) for
Properties Located at 106309, 106319, 106329, and 106339 Overseas Highway, Key Largo, Mile
Marker 106, Having Parcel Identification Numbers 00538470-000000, 00538460-000000, 00538450-
000000, And 00538440-000000; as Proposed by Del Sol Point, LLC (File No. 2023-086).
ITEM BACKGROUND:
On April 12, 2023, the Planning and Environmental Resources Department received an application from
Island Construction Management, Inc., on behalf of Del Sol Point, LLC ("Developer" or the
"Applicant") to amend the Monroe County Future Land Use Map ("FLUM") from Residential Medium
("RM") to Commercial("COMM") for properties located at 106309, 106319, 106329, and 106339
Overseas Highway in Key Largo ("subject property" or the"Properties").
The subject of this agenda item is transmittal of the proposed FL UM amendment to Florida
Department of Commerce for state review.
Site Information:
Location: Approximate mile marker106, Key Largo
Addresses: 106309, 106319, 106329, & 106339 Overseas Highway
Description: Lots 14, 15, 16, and 17, Block 2, Ocean Isle Estates, according to the plat thereof as
recorded in Plat Book 5, Page 14, Public Records of Monroe County, Florida
Current Property Identification Numbers: 00538470-000000, 00538460-000000, 00538450-000000,
and 00538440-000000
2545
Owner/Applicant: Del Sol Point, LLC
Size of Properties (cumulative): 0.6 acres (26,410 S.F.) of upland area per survey by Nicolas Del
Vento, P.S.M., signed and sealed on 06/19/2023.
FLUM Designation: Residential Medium ("RM");pending application to amend to Commercial
("COMM")
Land Use District: Improved Subdivision("IS");pending application to amend to Commercial 1
("C 1")
Tier Designation: III
Flood Zone: X
CBRS: No
Existing Permitted Use: Office and Vacant
Existing Vegetation/Habitat: Undeveloped Land
Community Character of Immediate Vicinity: Residential, Vacant, Commercial Retail
The Properties currently have a Land Use District ("LUD") designation of Improved Subdivision("IS")
and Future Land Use Map ("FLUM") designation of Residential Medium("RM"). The Properties were
within a BU-1 (Light Business) district prior to September 15, 1986. In 1986, the Properties were given
the designation of Improved Subdivision (IS). With the adoption of the Comprehensive Plan's FLUM in
1997, the Properties were given the FLUM designation of Residential Medium("RM").
Lot 17 [of the Properties] is currently developed with a 425 square foot structure [according to the
Monroe County Property Appraiser (MCPA)]. The existing structure was permitted to serve as an
office. There are no approved uses for Lots 14, 15, and 16. Additionally, there is no record of the
lots/properties being aggregated for the purpose of development in accordance with Land Development
Code ("LDC" or "Code") Section 130-165.
The Applicant states that the reason for the proposed FLUM amendment is:
"These properties should have been designated, non-residential. They are adjacent to US]; next to
commercial uses & in a commercial corridor."
Concurrent Applications
File No. 2023-087: A corresponding Land Use District("LUD") map amendment for the Properties,
requesting to amend the LUD from Improved Subdivision("IS") to Commercial 1 ("C1").
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b), a community meeting was held on September 6, 2023 at
the Key Largo Branch Library to discuss the proposed FLUM and corresponding LUD Map
amendments and provide for public participation. Issues raised at the community meeting included but
were not limited to:
2546
• Concern of possible commercial uses and intensities on the Properties
• General traffic concerns on both U.S. Highway 1 and nearby local County roads
• Concerns over the existing use of the Properties and its impact on the surrounding neighborhood
• Disturbances to the surrounding neighborhood
• Nonresidential parking in County right of ways
Development Review Committee
The Monroe County Development Review Committee ("DRC") considered the proposed amendments
to the FLUM and LUD Map at a regularly scheduled meeting held on September 26, 2023 to provide
for public participation, comments, and recommendations. On September 26, 2023, the Chair of the
DRC signed DRC Resolution Nos. 18-23 and DRC 19-23, recommending APPROVAL of the
proposed amendments to the LUD Map and FLUM to the Monroe County Planning Commission and
Board of County Commissioners.
Planning Commission
The Monroe County Planning Commission considered the proposed amendments to the FLUM and
LUD Map at a regularly scheduled hearing held on December 20, 2023, to provide for public
participation, comments, and recommendations. On December 20, 2023, the Chair of the Planning
Commission("PC") signed PC Resolution Nos. P47-23 and P48-23, recommending APPROVAL of
the proposed amendments to the LUD Map and FLUM to the Board of County Commissioners.
Amendment Review
FLUM Category Comparisons
Existing
Policy 101.5.3:
The principal purpose of the Residential Medium("RM") future land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
have an approved potable water supply, and have sufficient uplands to accommodate the residential
uses. Development on vacant land within this land use category shall be limited to one residential
dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996.
Proposed
Policy 101.5.8:
The principal purpose of the Commercial("COMM") future land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail; highway-
oriented sales and services; commercial recreation; light industrial; public, institutional and office uses
may be permitted at intensities which are consistent with the community character and the natural
environment. The commercial zoning districts established within this category are intended to serve the
immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate
transient or permanent residential development.
In order to protect environmentally sensitive lands, the following development controls shall apply to
2547
all Tier I lands within this land use category:
1. Only low intensity commercial uses shall be allowed; and
2. A maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
Maximum Density and Intensity by Land Use District
The proposed FLUM amendment(from RM to COMM)with the C 1 LUD would result in a decrease of
allocated market rate density and an increase in nonresidential intensity. The TDR/market rate
residential maximum net density, affordable residential maximum net density, and transient density
would remain at 0.
Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
LDC Section 138-49.
The total amount of new nonresidential floor area that could be constructed on either of the Properties
would be dependent on the size of the property to be developed and the actual use proposed.
Compliance with Comprehensive Plan Policy 101.5.26
The proposed FLUM amendment from RM to COMM results in a decrease of residential allocated
density on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
Compatibility with the Surrounding Area
1. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
2. Existing Tier Designation: III
3. Number of Listed Endangered or Threatened Species: 0
4. Existing Use: Office [on Lot 17 only], Vacant
5. Community Character of Immediate Vicinity: Residential, Commercial Retail, Restaurant
Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Monroe County shall ensure that all development and redevelopment taking place within its boundaries
does not result in a reduction of the level-of-service requirements established and adopted by this
comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments
include an analysis of the availability of facilities and services or demonstrate that the adopted levels of
service can be reasonably met.
Traffic Circulation(Comprehensive Plan Policy 301.1.2�
The Properties are located on Overseas Highway/U.S. 1 in Key Largo at approximate mile marker 106.
Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C."According to
the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
A Traffic Impact Study("TIS")prepared by Caltran Engineering Group and signed and sealed by Juan
S. Calderon, P.E. on October 11, 2022, was submitted by the Applicant. This study provides an analysis
of a proposed, specific nonresidential development on the property in the form of a nursery(garden
center), a commercial retail use. According to this study, the commercial retail use would generate 886
daily trips. This TIS has not been reviewed by the County's Transportation Consultant. A full review
2548
of the TIS will be conducted once an application for a specific development approval has been
submitted.
At the time of development approval, a trip generation analysis will be required to be submitted in order
to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay
Study, the maximum reserve volume for Segment 23 is 11,148 trips.
Potable Water(Comprehensive Plan Policy 701.1.1A
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
treatment design capacity of 29.8 million gallons per day("MGD") and is capable of treating up to 23.8
MGD. The annual average daily demand in Monroe County is 17.79 MGD.
The proposed FLUM amendment would decrease permanent allocated residential density beyond what
is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS
for potable water.
Solid Waste(Comprehensive Plan Policy 801.1.1)
Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial
solid waste is handled by private contract.
Sanitary Sewer(Comprehensive Plan Policy 901.1.1
The County has adopted water quality treatment standards for wastewater facilities and within the
Sanitary Wastewater Treatment Master Plan, Exhibits 3-8, has stated the LOS standard for residential
and nonresidential flow is 167 gallons per day per equivalent dwelling unit(EDU). The proposed
FLUM amendment would decrease the permanent allocated residential density. The combined average
flows of the Key Largo Wastewater Treatment System are 1,970,000 gpd, whereas the plant capacity is
3,450,000 gpd. Any proposed development on the site will either need to connect to the Key Largo
Wastewater Treatment District central sewer system, or provide on-site sewage treatment and disposal
that meets the LOS standards in Policy 901.1.1.
The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic,potable
water, solid waste nor sanitary sewer.
CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING
DEVELOPMENT,AND THE MONROE COUNTY LAND DEVELOPMENT CODE
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan. Please see the attached professional Staff
Report for specific Goals, Objectives, and Policies.
2. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan.
Please see the attached professional Staff Report for specific Action Items.
3. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not
inconsistent with the Principles for Guiding Development as a whole and is not inconsistent
with any Principle.
The BOCC may consider the adoption of an ordinance enacting the proposed map and text
amendments to this Land Development Code based on one or more of the following factors:
2549
Changed projections (e.g., regarding public service needs) from those on which the existing text or
boundary was based;
One of the Applicant's Representations: "Removes three (3) residential units from the ROGO rolls.
Thus lessens potential "Takings" Claims."
In accordance with Comprehensive Plan Policy No. 101.3.1, Monroe County maintains a Permit
Allocation System for new residential development known as the Residential Rate of Growth Ordinance
("ROGO") System. The Permit Allocation System shall limit the number of permits issued for new
residential dwelling units. The ROGO allocation system shall apply within the unincorporated area of
the county, excluding areas within the county mainland and within the Ocean Reef planned development
(future development in the Ocean Reef planned development is based upon the December 2010 Ocean
Reef Club Vested Development Rights Letter recognized and issued by the Department of Community
Affairs). New residential dwelling units included in the ROGO allocation system include the following:
affordable housing units; market rate dwelling units; mobile homes; and institutional residential units
(except hospital rooms)... [Refer to Comp. Plan Policy 101.3.1 for full text.]
In accordance with Policy No. 101.3.2, the number of permits issued for residential dwelling units
under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time
period of July 13, 2013 through July 12, 2026,plus any available unused ROGO allocations from a
previous ROGO year. A ROGO year means the twelve-month period beginning on July 13. Market rate
allocations shall not to exceed 126 residential units per year...[Refer to Comp. Plan Policy 101.3.2 for
full text.]
In 2012,pursuant to Rule 28-20.140, Florida Administrative Code("F.A.C."), the Department of
Economic Opportunity completed the hurricane evacuation clearance time modeling task and found that
with 10 years' worth of building permits, the Florida Keys would be at a 24-hour evacuation clearance
time. This creates challenges for Monroe County because at that time, there were 8,168 privately owned
vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A(SPA); 3,301 Tier III, and 235 No tier(ORCA,
etc.)] but only 1,970 ROGO allocations to distribute. This deficit of ROGO allocations could result in
a balance of approximately 6,198 privately held vacant parcels at risk of not obtaining permits once the
1,970 ROGO allocations are exhausted.
In recognition of the likelihood that the inventory of vacant parcels exceeds the total number of
allocations which the State will allow the County to award, Staff recognizes the importance in
considering this proposed amendment to the FLUM designation of the Properties, which could allow for
an alternative development option of vacant lots that are currently zoned for residential development.
Approval of the proposed FLUM amendment from Residential Medium to Commercial would eliminate
the residential development potential while creating nonresidential development potential for the
Properties. The proposed FLUM amendment would help to reduce the demand for ROGO allocations.
Changed assumptions (e.g., regarding demographic trends) from those on which the existing text
or boundary was based;
Per the Applicant: "Allows for a smooth transition between US-1 business corridor to residential uses
in surrounding neighborhoods. Allows for potential fewer trips."
Traditional community planning principles would support the applicants statement related to the
transition between Overseas Highway and the nearby residential neighborhood. However, it should be
noted that the statement related to fewer trips may not be accurate dependent on the development that is
2550
proposed. At the time of development approval, a trip generation analysis will be required to be
submitted in order to verify sufficient roadway capacity.
Data errors, including errors in mapping,vegetative types and natural features which contributed
to the application of the existing text or boundary;
Per the Applicant: "In the opinion of the applicant, these properties on the US] corridor, in a
predominate business area, were incorrectly,mapped as residential."
The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This
structure received its Certificate of Occupancy in 1963. As described in the relevant prior County
actions section of this Report, the 1973-86 Zoning maps indicate the Property was within the BU-1
Light Business District. The 1973-86 zoning, BU-1 Light Business District permitted various
nonresidential uses per Section 19-216(a) of the 1973-86 Monroe County Code. The adoption of the
revised land use district maps and code in 1986 rendered the previously existing lawful use
nonconforming.
While Staff does not have evidence to support the Applicant's statement in its entirety, it is apparent
that the proposed FLUM designation would be compatible with the surrounding area due to the
proximity of existing properties designated as Mixed Use/Commercial(MC) on the FLUM.
New issues which arose after the application of the existing text or boundary;
Per the Applicant:
"ROGO is nearing the end. This change would allow for compatible uses for the neighborhood, thus
lessening traffic. As mentioned, this would remove 3 lots from the ROGO rolls."
As previously stated, Staff recognizes the importance in considering requests such as this proposed
amendment to the FLUM designation of the Properties, which could allow for an alternative
development option. Approval of the proposed FLUM amendment from Residential Medium to
Commercial would eliminate the residential development potential while allowing for the nonresidential
development of the Properties. The proposed FLUM amendment would help to reduce the demand for
ROGO allocations. However, it should be noted that the statement related to fewer trips may not be
accurate dependent on the development that is proposed.
Recognition of a need for additional detail or comprehensiveness;
Per the Applicant: "With the end of ROGO pending, these highway lots are better suited for low intense
non-residential uses to serve as a buffer and offer a smooth transition from non-residential low intense
uses to residential uses in the adjacent neighborhood."
Staff does not disagree with the Applicant's statement, however it should be clarified that the
Commercial FLUM designation does not limit properties to low intensity uses. The proposed
Commercial FLUM with the corresponding Commercial 1 District zoning could allow for various
nonresidential uses with intensities ranging from low to high.
2551
Data updates;
Per the Applicant: "Please review included traffic study. This proposed amendment will benefit the
surrounding residential areas and possibly reduce trips on US]; this area is a convergence of 905 and
US] and is often backed up due to this convergence. The request is a win/win"
A Traffic Impact Study("TIS")prepared by Caltran Engineering Group and signed and sealed by Juan
S. Calderon, P.E. on October 11, 2022 was submitted by the Applicant. This study provides an analysis
of a proposed, specific, nonresidential development on the property in the form of a nursery (garden
center), a commercial retail use. According to this study, the commercial retail use would generate 886
daily trips. This TIS has not been reviewed by the County's Transportation Consultant. A full review
of the TIS will be conducted once an application for a specific development approval has been
submitted.
At the time of development approval, a trip generation analysis will be required to be submitted in order
to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay
Study, the maximum reserve volume for Segment 23 is 11,148 trips.
Consistency with the Comprehensive Plan and the principles for guiding development as defined
in Section 380.0552, Florida Statutes.
As described throughout this report, staff finds the proposed map amendment consistent with the
Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
Florida Statutes.
In no event shall an amendment be approved which will result in an adverse change in
community character to the sub-area which a proposed amendment affects or to any area in
accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
The Monroe County Planning and Environmental Department's professional staff does not anticipate
that approval of the proposed amendment of the FLUM to result in an adverse change in community
character to the sub-area which the proposed amendment affects.
PREVIOUS RELEVANT BOCC ACTION:
The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This
structure was permitted on January 16, 1963. An application for development approval has not been
issued to change the use of this structure.
The 1973-86 Zoning Maps indicate the Properties were within the BU-1 Light Business District.
The 1973-86 zoning, BU-1 Light Business District,permitted various nonresidential uses per Section
19-216(a) of the 1973-86 Monroe County Code.
The 1986 Pattison Zoning Maps indicate the Properties were within the Improved Subdivision (IS)
district.
2552
The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Properties were
within the Improved Subdivision (IS) district. These maps were most recently certified through BOCC
Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District Maps
making the maps available in digital form on June 20, 2007.
On September 22, 2021, a Letter of Understanding was issued by the Senior Director of Planning and
Environmental Resources concerning the proposed redevelopment of the Properties. Additionally, the
LOU provided information related to the Land Use District(Zoning) Map Amendment and Future Land
Use Map Amendment processes.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
The professional staff of the Monroe County Planning & Environmental Resources Department
recommends approval of the proposed Future Land Use Map ("FLUM")Amendment.
DOCUMENTATION:
2023-086 BOCC SR 03.20.202 .doc
Exhibit 1_FLUM_11A17_Del_Sol_Point.pdf
Exhibit 2 DRC Reso No. 18-23.PDF
Exhibit 3_PC Reso P47-23.pdf
Transmittal Reso.docx
Ex.A to Reso FLUM Ordinance.docx
FINANCIAL IMPACT:
N/A
2553
3 � t1
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
12
13 From: Devin Tolpin, AICP, CFM, Planning and Development Review Manager
14
15 Date: February 26, 2024
16
17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
18 Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to
19 Commercial (COMM) for properties located at 106309, 106319, 106329, and 106339
20 Overseas Highway, Key Largo, as proposed by Del Sol Point, LLC (File 2023-086)
21
22 Meeting: March 20, 2024
23
24 I. REQUEST
25
26 On April 12, 2023, the Planning and Environmental Resources Department received an application from
27 Island Construction Management, Inc., on behalf of Del Sol Point, LLC (the "Applicant") to amend the
28 Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to Commercial
29 (COMM) for properties located at 106309, 106319, 106329, and 106339 Overseas Highway in Key
30 Largo (the "Properties").
31
r
r
rr
m.
32
33 Existing FLUM Designation Proposed FLUM Designation
BOCC SR 03.20.2024 Page 1 of 17
File 2023-086
2554
1 II. BACKGROUND INFORMATION
2 Site Information:
3 Location: MM 106, Key Largo
4 Addresses: 106309, 106319, 106329, & 106339 Overseas Highway
5 Description: Lots 14, 15, 16, and 17, Block 2, Ocean Isle Estates, according to the plat thereof as
6 recorded in Plat Book 5, Page 14, Public Records of Monroe County, Florida
7 Parcel Identification Numbers: 00538470-000000, 00538460-000000, 00538450-000000, and
8 00538440-000000
9 Owner/Applicant: Del Sol Point, LLC
10 Size of Properties (cumulative): 0.6 acres (26,410 SF) of upland area per survey by Nicolas Del Vento,
11 P.S.M. signed and sealed on 06/19/2023.
12 FLUM Designation: Residential Medium (RM); pending application to amend to Commercial
13 (COMM)
14 Land Use District: Improved Subdivision(IS);pending application to amend to Commercial 1 (C1)
15 Tier Designation: III
16 Flood Zone: X
17 CBRS: No
18 Existing Permitted Use: Office and Vacant
19 Existing Vegetation/Habitat: Undeveloped Land
20 Community Character of Immediate Vicinity: Residential, Vacant, Commercial Retail
21
22 The Properties currently have a Land Use District (Zoning) designation of Improved Subdivision (IS)
23 and Future Land Use Map (FLUM) designation of Residential Medium (RM). The Properties were
24 within a BU-1 (Light Business) district prior to September 15, 1986. In 1986, the Properties were given
25 the designation of Improved Subdivision (IS). With the adoption of the Comprehensive Plan's FLUM in
26 1997, the Properties were given the FLUM designation of Residential Medium(RM).
27
28 Lot 17 [of the Properties] is currently developed with a 425 square foot structure [according to the
29 Monroe County Property Appraiser (MCPA)]. The existing structure was permitted to serve as an office.
30 There are no approved uses for Lots 14, 15, and 16. Additionally, there is no record of the lots/properties
31 being aggregated for the purpose of development in accordance with LDC Section 130-165.
32
33 The Applicant states that the reason for the proposed FLUM amendment is:
34 "These properties should have been designated, non-residential. They are adiacent to US-1; next to
35 commercial uses & in a commercial corridor. "
36
37 Concurrent Applications
38 File 2023-087: A corresponding Land Use District(LUD) map amendment for the Properties, requesting
39 to amend the LUD from Improved Subdivision (IS) to Commercial 1 (C1).
40
41 Community Meeting and Public Participation
42 In accordance with LDC Section 102-159(b), a community meeting was held on September 6, 2023 at
43 the Key Largo Branch Library to discuss the proposed Future Land Use Map (FLUM) and
44 corresponding Land Use District (Zoning) Map amendments and provide for public participation. Issues
45 raised at the community meeting included but were not limited to:
46 0 Concern of possible commercial uses and intensities on the Properties
BOCC SR 03.20.2024 Page 2 of 17
File 2023-086
2555
1 0 General traffic concerns on both US 1 and nearby local County roads
2 0 Concerns over the existing use of the Properties and its impact on the surrounding neighborhood
3 0 Disturbances to the surrounding neighborhood
4 0 Nonresidential parking in County right of ways
5
6 Development Review Committee
7 The Monroe County Development Review Committee (DRC) considered the proposed amendments to
8 the FLUM and LUD Map at a regularly scheduled meeting held on September 26, 2023 to provide for
9 public participation, comments, and recommendations. On September 26, 2023, the Chair of the DRC
10 signed Resolution Nos. DRC 18-23 and DRC 19-23, recommending APPROVAL of the proposed
11 amendments to the Land Use District Map and Future Land Use Map to the Planning Commission and
12 Board of County Commissioners.
13
14 Planning Commission
15 The Monroe County Planning Commission considered the proposed amendments to the FLUM and
16 LUD Map at a regularly scheduled hearing held on December 20, 2023 to provide for public
17 participation, comments, and recommendations. On December 20, 2023, the Chair of the Planning
18 Commission signed Resolution Nos. P47-23 and P48-23, recommending APPROVAL of the proposed
19 amendments to the Land Use District Map and Future Land Use Map to the Board of County
20 Commissioners.
21
22 Prior Relevant BOCC Action
23 The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This
24 structure was permitted on January 16, 1963. An application for development approval has not been
25 issued to change the use of this structure.
26
27 The 1973-86 Zoning Maps indicate the Properties were within the BU-1 Light Business District.
. f
Jn��
28 7l j
29 1973-1986 Monroe County Zoning of Properties(highlight),BU-1
30
31 The 1973-86 zoning, BU-1 Light Business District, permitted various nonresidential uses per Section
32 19-216(a) of the 1973-86 Monroe County Code, as depicted below.
33
BOCC SR 03.20.2024 Page 3 of 17
File 2023-086
2556
See. 19-216. BU.I light business district.
The,district is intended to protect and enhance the areas best
suited for the preservation of businesses related to neighborhood,
tourist,and resort retail sales;and business,personal and profes-
sional services.
(a) principal uses permitted.-Professional services,"business
services,banks,post offices,ticket offices,answering set-
vices,family counseling,personal services,drug tied sun-
dry stores, tobacco and newsstands,florists, gift shops,
confectionery stores,antique shops,art goods,brigs-brat
shops,ice cream parlors,curio shops,interior decoration.
furriers,bookstores,restaurants A and B,clothing stores,
jewelry stores,leather goods,photographic galleries,pot-
tery sales(no manufacturing),shoe stores,sporting goods,
tailor shops,fire and burglar alm ins.
(h) Accessory uses permitted Apartments within the principal
building.
(o) Uses permitted upon special appr—nt
(1) Retail sales and services not expressly permitted.
(2)---(8)Reserved,
2 The 1986 Pattison Zoning Maps indicate the Properties were within the Improved Subdivision(IS)
3 district.
nx
I Z
"1* me J I coua
4
5 1986 Pattison Zoning Map—Properties(highlight),IS District
6
7 The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Properties were
8 within the Improved Subdivision (IS) district. These maps were most recently certified through BOCC
9 Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District Maps
10 making the maps available in digital form on June 20, 2007.
11
Y
Ao #A
V
Q, Is a, ff V "I Wim 1
Wi-1 36
NORTH RDAP -e-Ar"
1M 0 d[�
4ply . W 4 1 0
"A00 RQAQ
12
13 1988 Craig Zoning Map—Properties(highlight),IS District
14
15 On September 22, 2021, a Letter of Understanding was issued by the Senior Director of Planning and
16 Environmental Resources concerning the proposed redevelopment of the Properties. Additionally, the
17 LOU provided information related to the Land Use District (Zoning) Map Amendment and Future Land
18 Use Map Amendment processes.
19
BOCC SR 03.20.2024 Page 4 of 17
File 2023-086
2557
1 III.AMENDMENT REVIEW
2
3 FL UMCatery Comparisons
4 Existing
5 Policy 101.5.3:
6 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
7 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
8 and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
9 have an approved potable water supply, and have sufficient uplands to accommodate the residential
10 uses. Development on vacant land within this land use category shall be limited to one residential
11 dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996.
12
13 Proposed
14 Policy 101.5.8:
15 The principal purpose of the Commercial (COMM) future land use category is to provide for the
16 establishment of commercial zoning districts where various types of commercial retail; highway-
17 oriented sales and services; commercial recreation; light industrial; public, institutional and office uses
18 may be permitted at intensities which are consistent with the community character and the natural
19 environment. The commercial zoning districts established within this category are intended to serve the
20 immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate
21 transient or permanent residential development.
22
23 In order to protect environmentally sensitive lands, the following development controls shall apply to all
24 Tier I lands within this land use category:
25 1. only low intensity commercial uses shall be allowed; and
26 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
27
28 Maximum Density and Intensityy y Land Use District
29 The table below provides a comparison of the development potential for residential, transient and
30 commercial development of the Properties under the existing Land Use (zoning) District and FLUM
31 category as compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the
32 Land Development Code states: "The density and intensity provisions set out in this section are intended
33 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
34 example, if a development includes both residential and commercial development, the total gross
35 amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for
36 development."
37
Maximum Development Potential by FLUM Designation and Land Use District (Zoning)
Existing Type Adopted Development Potential
Zoning/FLUM Standards
Improved Market Rate Allocated 1.0 du/lot 4 du
Subdivision (IS)/ Density
TDR/Market Rate 0 0 du
BOCC SR 03.20.2024 Page 5 of 17
File 2023-086
2558
Residential Residential Max. Net
Medium (RM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 26,410 sf/ Transient Allocated 0 0 du
0.6 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zonin /FLUM Standards
Commercial 1/ Market Rate Allocated 0 0 du
(C1) Density
TDR/Market Rate 0 0 du
Commercial Residential Max. Net
(COMM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 26,410 sf/ Transient Allocated 0 0 du
0.6 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0.15-0.40 FAR 3,961.6 sf- 10,564 sf
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density -4 du
Cumulative TDR/Market Rate Residential Max. Net n/a
Properties Density
Based on Affordable Residential Max. Net Density n/a
FLUM/LUD
Amendments Transient Allocated Density n/a
Transient Max. Net Density n/a
Nonresidential Uses + 3,961.6 sf- 10,564 sf
1
2 As shown in the orange portion of the table, the proposed FLUM amendment (from RM to COMM)
3 with the Cl LUD would result in a decrease of allocated market rate density and an increase in
4 nonresidential intensity. The TDR/market rate residential maximum net density, affordable residential
5 maximum net density, and transient density would remain at 0.
6
7 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
8 LDC Section 138-49.
9
10 The total amount of new nonresidential floor area that could be constructed on either of the Properties
11 would be dependent on the size of the property to be developed and the actual use proposed. Below is a
BOCC SR 03.20.2024 Page 6 of 17
File 2023-086
2559
I table detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1
2 LUD in accordance with LDC Section 130-164.
3
Use within Commercial 1 Cl Maximum Floor Area Ratio
Low Intensity Commercial Retail or Restaurant 0.35
Medium Intensity Commercial Retail or Restaurant 0.25
High Intensity Commercial Retail or Restaurant 0.15
Office 0.40
Light Industrial 0.30
Institutional 0.30
Public Buildings/Uses 0.30
Commercial Recreation 0.25
4
5 Compliance with Comprehensive Plan Policy 101.5.26
6 The proposed FLUM amendment from RM to COMM results in a decrease of residential allocated
7 density on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
8
9 Compatibility with the Surrounding Area
10 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
11 b. Existing Tier Designation: III
12 c. Number of Listed Endangered or Threatened Species: 0
13 d. Existing Use: Office [on Lot 17 only], Vacant
14 e. Community Character of Immediate Vicinity: Residential, Commercial Retail, Restaurant
15
16
17 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
18 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
19 does not result in a reduction of the level-of-service requirements established and adopted by this
20 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
21 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
22 can be reasonably met.
23
24 Traffic Circulation(Comprehensive Plan Policy 301.1.2)
25 The Properties are located on Overseas Highway/U.S. 1 in Key Largo at approximate mile marker 106.
26 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
27 the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
28 Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
29
30 A Traffic Impact Study (TIS) prepared by Caltran Engineering Group and signed and sealed by Juan S.
31 Calderon, P.E. on October 11, 2022 was submitted by the Applicant. This study provides an analysis of
32 a proposed, specific nonresidential development on the property in the form of a nursery (garden center),
33 a commercial retail use. According to this study, the commercial retail use would generate 886 daily
34 trips. This TIS has not been reviewed by the County's Transportation Consultant. A full review of the
35 TIS will be conducted once an application for a specific development approval has been submitted.
36
BOCC SR 03.20.2024 Page 7 of 17
File 2023-086
2560
I At the time of development approval, a trip generation analysis will be required to be submitted in order
2 to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay
3 Study, the maximum reserve volume for Segment 23 is 11,148 trips.
4
5 Potable Water(Comprehensive Plan Policy 701.1.1)
6 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
7 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
8 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
9
10 The proposed FLUM amendment would decrease permanent allocated residential density beyond what
11 is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS
12 for potable water.
13
14 Solid Waste (Comprehensive Plan Policy 801.1.1)
15 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
16 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
17 waste is handled by private contract.
18
19 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
20 The County has adopted water quality treatment standards for wastewater facilities and within the
21 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
22 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
23 amendment would decrease the permanent allocated residential density. The combined average flows of
24 the Key Largo Wastewater Treatment System are 1,970,000 gpd, whereas the plant capacity is
25 3,450,000 gpd. Any proposed development on the site will either need to connect to the Key Largo
26 Wastewater Treatment District central sewer system, or provide on-site sewage treatment and disposal
27 that meets the LOS standards in Policy 901.1.1.
28
29 The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic, potable
30 water, solid waste nor sanitary sewer.
31
32 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
33 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
34 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
35
36 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
37 County Year 2030 Comprehensive Plan. Specifically, it furthers:
38
39 Goal 101
40 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
41 County residents and visitors, and protect valuable natural resources.
42
43 Objective 101.3
44 Monroe County shall regulate new residential development based upon the finite carrying capacity
45 of the natural and man-made systems and the growth capacity while maintaining a maximum
46 hurricane evacuation clearance time of 24 hours.
BOCC SR 03.20.2024 Page 8 of 17
File 2023-086
2561
I Objective 101.4
2 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
3 the needs of the future population of Monroe County.
4
5 Objective 101.5
6 Monroe County shall regulate future development and redevelopment to maintain and enhance the
7 character of the community and protect natural resources by providing for the compatible
8 distribution of land uses consistent with the designations shown on the Future Land Use Map.
9
10 Policy 101.5.8
11 The principal purpose of the Commercial (COMM) future land use category is to provide for the
12 establishment of commercial zoning districts where various types of commercial retail; highway-
13 oriented sales and services; commercial recreation; light industrial; public, institutional and office
14 uses may be permitted at intensities which are consistent with the community character and the
15 natural environment. The commercial zoning districts established within this category are intended
16 to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
17 accommodate transient or permanent residential development.
18
19 In order to protect environmentally sensitive lands, the following development controls shall apply
20 to all Tier I lands within this land use category:
21
22 1. only low intensity commercial uses shall be allowed; and
23 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
24
25 Policy 101.5.25
26 Monroe County hereby adopts the following density and intensity standards for the future land use
27 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
28
Future Land Use Densities and Intensities
Residential 0) 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)
Commercial 0 du N/A 0.15 0.50 0.20
(COMM) 0 rooms/spaces N/A
(C1 and C2
zoning)
29
30 Policy 101.5.26
31 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
32 promote the reduction in overall County residential density and the preservation of Monroe County's
33 native habitat by enacting legislation which implements the following policy statements for private
34 applications for future land use map amendments which increase allowable residential allocated
35 density. Private application(s) means those applications from private entities with ownership of the
BOCC SR 03.20.2024 Page 9 of 17
File 2023-086
2562
I upland development and parcel(s) of land or includes private upland development on County-owned
2 land.
3
4 Private applications requesting future land use map designation amendments received after the
5 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
6 density shall be required, upon amendment approval, to comply with either option(1) or(2)below:
7 ...
8 Refer to Comp. Plan Policy 101.5.26 for full text
9
10 Objective 101.8
11 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
12 applicable provisions of the land development regulations, zoning districts, Future Land Use
13 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
14 important part of the community character and the County desires to maintain such character and
15 protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
16 [F.S. § 163.3177 (6)a.2.e.]
17
18 Policy 101.8.2
19 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new
20 use conforms to all applicable provisions of the Future Land Use category and zoning district in
21 which it is located, except as provided for existing lawfully-established residential uses within Policy
22 101.5.29.
23
24 Policy 101.8.7
25 Monroe County shall maintain Land Development Regulations which allow nonconforming
26 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
27 existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or substantially
28 improve provided that the use is limited in density/intensity, floor area, and to the type of use that
29 existed on January 4, 1996.
30
31 Objective 101.19
32 Monroe County shall address local community needs while balancing the needs of all Monroe
33 County communities. These efforts shall focus on the human crafted environment and shall be
34 undertaken through the Livable CommuniKeys Planning Program.
35
36 Policy 101.19.2
37 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
38 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
39 Plans have been completed in accordance with the principles outlined in this section and adopted by
40 the Board of County Commissioners:
41 ...
42 The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
43 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
44 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only
45 the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent
46 to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
BOCC SR 03.20.2024 Page 10 of 17
File 2023-086
2563
I checkmark next to them are not considered to be consistent with the definitions of"Objective" and
2 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
3
4 Goal 102
5 Monroe County shall direct future growth to lands which are most suitable for development and
6 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach
7 berm and tropical hardwood hammock).
8
9 Objective 105.1
10 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
11 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
12 processes to preserve the natural environment, maintain and enhance the community character and
13 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
14 concepts, reduce sprawl, and direct future growth to appropriate infill areas. [F.S. §
15 163.3177(6)(a)2.e.]
16
17 Policy 105.1.3
18 Monroe County shall, through its development standards and Land Development Code, continue to
19 foster the retention and redevelopment of small businesses on the U.S.1.
20
21 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
22 Specifically it furthers:
23
24 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
25 of individual parcels with respect to density, intensity, bulk regulations, and all other land
26 development regulation. This will protect the existing conformance status of most uses and promote
27 orderly development consistent with the Comprehensive Plan.
28
29 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
30 planning area where appropriate.
31
32 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
33 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
34 comprehensive planning principles and the following community-goal related criteria:
35 a. Promote infill, design flexibility and transfer of density to Community Centers
36 b. Preserve commercial conformance status within sections along US-1 predominated by
37 existing commercial businesses and disturbed lands.
38 c. Encourage sun-setting of intensive commercial uses within sections along US-1
39 predominated by natural habitat or native-dominated landscape, relatively sparse
40 development and relatively few businesses.
41 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
42 economy.
43 e. Give consideration to whether the property provides a unique or outstanding opportunity for
44 enhancement of design, connectivity and other community goals, especially along the US-1
45 corridor.
46
BOCC SR 03.20.2024 Page 11 of 17
File 2023-086
2564
I C. The BOCC may consider the adoption of an ordinance enacting the proposed map
2 amendment based on one or more of the following factors:
3
4 1. Changed projections (e.g., regarding public service needs) from those on which the existing
5 text or boundary was based;
6
7 Per the Applicant: "Removes three (3) residential units from the ROGO rolls. Thus lessens
8 potential "Takings" Claims. "
9
10 In accordance with Comprehensive Plan Policy No. 101.3.1, Monroe County maintains a Permit
11 Allocation System for new residential development known as the Residential Rate of Growth
12 Ordinance (ROGO) System. The Permit Allocation System shall limit the number of permits
13 issued for new residential dwelling units. The ROGO allocation system shall apply within the
14 unincorporated area of the county, excluding areas within the county mainland and within the
15 Ocean Reef planned development(Future development in the Ocean Reef planned development is
16 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized
17 and issued by the Department of Community Affairs). New residential dwelling units included in
18 the ROGO allocation system include the following: affordable housing units; market rate
19 dwelling units; mobile homes; and institutional residential units (except hospital rooms)... [Refer
20 to Comp. Plan Policy 101.3.1 for full text.]
21
22 In accordance with Policy No. 101.3.2, the number of permits issued for residential dwelling units
23 under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time
24 period of July 13, 2013 through July 12, 2026, plus any available unused ROGO allocations from
25 a previous ROGO year. A ROGO year means the twelve-month period beginning on July 13.
26 Market rate allocations shall not to exceed 126 residential units per year...[Refer to Comp. Plan
27 Policy 101.3.2 for full text.]
28
29 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
30 completed the hurricane evacuation clearance time modeling task and found that with 10
31 years' worth of building permits, the Florida Keys would be at a 24-hour evacuation
32 clearance time. This creates challenges for Monroe County because at that time, there were
33 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A(SPA); 3,301
34 Tier 111, and 235 No tier (ORCA, etc.)] but only 1,970 ROGO allocations to distribute. This
35 deficit of ROGO allocations could result in a balance of approximately 6,198 privately held
36 vacant parcels at risk of not obtaining permits once the 1,970 ROGO allocations are
37 exhausted.
38
39 In recognition of the likelihood that the inventory of vacant parcels exceeds the total number
40 of allocations which the State will allow the County to award, Staff recognizes the
41 importance in considering this proposed amendment to the FLUM designation of the
42 Properties, which could allow for an alternative development option of vacant lots that are
43 currently zoned for residential development. Approval of the proposed FLUM amendment
44 from Residential Medium to Commercial would eliminate the residential development
45 potential while creating nonresidential development potential for the Properties. The
46 proposed FLUM amendment would help to reduce the demand for ROGO allocations.
BOCC SR 03.20.2024 Page 12 of 17
File 2023-086
2565
1 2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing
2 text or boundary was based;
3
4 Per the Applicant: `Allows for a smooth transition between US-1 business corridor to residential
5 uses in surrounding neighborhoods. Allows for potential fewer trips. "
6
7 Traditional community planning principles would support the applicants statement related to the
8 transition between Overseas Highway and the nearby residential neighborhood. However, it
9 should be noted that the statement related to fewer trips may not be accurate dependent on the
10 development that is proposed. At the time of development approval, a trip generation analysis will
11 be required to be submitted in order to verify sufficient roadway capacity.
12
13 3. Data errors, including errors in mapping, vegetative types and natural features which
14 contributed to the application of the existing text or boundary;
15
16 Per the Applicant: `In the opinion of the applicant, these properties on the US] corridor, in a
17 predominate business area, were incorrectly,mapped as residential. "
18
19 The structure that is currently in existence on Lot 17 of the Properties was constructed as an
20 office. This structure received its Certificate of Occupancy in 1963. As described in the relevant
21 prior County actions section of this Report, the 1973-86 Zoning maps indicate the Property was
22 within the BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District
23 permitted various nonresidential uses per Section 19-216(a) of the 1973-86 Monroe County Code.
24 The adoption of the revised land use district maps and code in 1986 rendered the previously
25 existing lawful use nonconforming.
26
27 While Staff does not have evidence to support the Applicant's statement in its entirety, it is
28 apparent that the proposed FLUM designation would be compatible with the surrounding area due
29 to the proximity of existing properties designated as Mixed Use/Commercial MC on the FLUM.
v' rrir,,,� •irk I u ,
e
i
30
31 Existing FLUM Designation Proposed FLUM Designation
32
33 4. New issues which arose after the application of the existing text or boundary;
34
35 Per the Applicant: "ROGO is nearing the end. This change would allow for compatible uses for
36 the neighborhood, thus lessening traffic. As mentioned, this would remove 3 lots from the ROGO
37 rolls. "
BOCC SR 03.20.2024 Page 13 of 17
File 2023-086
2566
I As previously stated, Staff recognizes the importance in considering requests such as this
2 proposed amendment to the FLUM designation of the Properties, which could allow for an
3 alternative development option. Approval of the proposed FLUM amendment from
4 Residential Medium to Commercial would eliminate the residential development potential
5 while allowing for the nonresidential development of the Properties. The proposed FLUM
6 amendment would help to reduce the demand for ROGO allocations. However, it should be
7 noted that the statement related to fewer trips may not be accurate dependent on the
8 development that is proposed.
9
10 5. Recognition of a need for additional detail or comprehensiveness;
11
12 Per the Applicant: "With the end of ROGO pending, these highway lots are better suited for low
13 intense non-residential uses to serve as a buffer and offer a smooth transition from non-
14 residential low intense uses to residential uses in the adiacent neighborhood. "
15
16 Staff does not disagree with the Applicant's statement, however it should be clarified that the
17 Commercial FLUM designation does not limit properties to low intensity uses. The proposed
18 Commercial FLUM with the corresponding Commercial 1 District zoning could allow for various
19 nonresidential uses with intensities ranging from low to high.
20
21 6. Data updates; or
22
23 Per the Applicant: "Please review included traffic study. This proposed amendment will benefit
24 the surrounding residential areas and possibly reduce trips on US]; this area is a convergence of
25 905 and US] and is often hacked up due to this convergence. The request is a win/win"
26
27 A Traffic Impact Study (TIS) prepared by Caltran Engineering Group and signed and sealed by
28 Juan S. Calderon, P.E. on October 11, 2022 was submitted by the Applicant. This study provides
29 an analysis of a proposed, specific, nonresidential development on the property in the form of a
30 nursery (garden center), a commercial retail use. According to this study, the commercial retail
31 use would generate 886 daily trips. This TIS has not been reviewed by the County's
32 Transportation Consultant. A full review of the TIS will be conducted once an application for a
33 specific development approval has been submitted.
34
35 At the time of development approval, a trip generation analysis will be required to be submitted in
36 order to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and
37 Delay Study, the maximum reserve volume for Segment 23 is 11,148 trips.
38
39 7. Consistency with the Comprehensive Plan and the principles for guiding development as
40 defined in Section 380.0552, Florida Statutes.
41
42 As described throughout this report, staff finds the proposed map amendment consistent with the
43 Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
44 Florida Statutes.
45
BOCC SR 03.20.2024 Page 14 of 17
File 2023-086
2567
I D. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must
2 also consider the analyses identified in Chapter 163, Florida Statutes and must find that the
3 amendment is consistent with the principles for guiding development as defined in Section
4 380.0552, Florida Statutes.
5
6 Per the Applicant, "The proposed amendment is consistent with the principles for guiding
7 development in Monroe County by lensing [sic] residential development thus lessening additional
8 traffic impacts on US]. Additionally, with the recent construction of the College of the Florida Keys,
9 this change would comply with Section 163.3117(5)(a)2h. IE. implementation of mixed use
10 development...163.3178- high dry upland area (N/A) 163.3180-Non-residential has less impacts on
11 infrastructure especially if the resulting zoning is C-1 as proposed. 163-31.84- applicant feels this
12 amendment would he "in-compliance.
13
14 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
15 the principles for guiding development and any amendments to the principles, the principles shall be
16 construed as a whole and no specific provision shall be construed or applied in isolation from the
17 other provisions.
18
19 (a) Strengthening local government capabilities for managing land use and development so that
20 local government is able to achieve these objectives without continuing the area of critical
21 state concern designation.
22 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
23 seagrass beds, wetlands, fish and wildlife, and their habitat.
24 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
25 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
26 beaches, wildlife, and their habitat.
27 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
28 economic development.
29 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
30 Keys.
31 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
32 environment, and ensuring that development is compatible with the unique historic character
33 of the Florida Keys.
34 (g) Protecting the historical heritage of the Florida Keys.
35 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
36 proposed major public investments, including:
37 1. The Florida Keys Aqueduct and water supply facilities;
38 2. Sewage collection, treatment, and disposal facilities;
39 3. Solid waste treatment, collection, and disposal facilities;
40 4. Key West Naval Air Station and other military facilities;
41 5. Transportation facilities;
42 6. Federal parks, wildlife refuges, and marine sanctuaries;
43 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
44 properties;
45 8. City electric service and the Florida Keys Electric Co-op; and
46 9. Other utilities, as appropriate.
BOCC SR 03.20.2024 Page 15 of 17
File 2023-086
2568
I (i) Protecting and improving water quality by providing for the construction, operation,
2 maintenance, and replacement of stormwater management facilities; central sewage
3 collection; treatment and disposal facilities; and the installation and proper operation and
4 maintenance of onsite sewage treatment and disposal systems.
5 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
6 operation of wastewater management facilities that meet the requirements of ss.
7 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
8 central wastewater treatment facilities through permit allocation systems.
9 (k) Limiting the adverse impacts of public investments on the environmental resources of the
10 Florida Keys.
11 (1) Making available adequate affordable housing for all sectors of the population of the Florida
12 Keys.
13 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
14 a natural or manmade disaster and for a postdisaster reconstruction plan.
15 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
16 maintaining the Florida Keys as a unique Florida resource.
17
18 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
19 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
20
21 E. In no event shall an amendment be approved which will result in an adverse change in
22 community character to the sub-area which a proposed amendment affects or to any area in
23 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
24
25 Per the Applicant, "This text amendment[sic] would he consistent with other non-residential uses in
26 this commercial corridor. This is a commercial area and to allow/approve this amendment would
27 offer a smooth transition to residential. "
28
29 Staff does not anticipate that approval of the proposed amendment of the FLUM to result in an
30 adverse change in community character to the sub-area which the proposed amendment affects.
31
32 V. PROCESS
33
34 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
35 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
36 to file an application with the Planning Director accompanied by a nonrefundable application fee as
37 established from time to time by the BOCC to defray the actual cost of processing the application. After
38 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
39 with a recommendation of approval or denial to the Development Review Committee for review and
40 comment. Staff shall make a recommendation to the Planning Commission.
41
42 The Planning Commission shall review the application, the reports and recommendations of the
43 Planning and Environmental Resources Department, the comments of the Development Review
44 Committee, and the testimony given at the public hearing, and shall submit its recommendations and
45 findings to the BOCC.
46
BOCC SR 03.20.2024 Page 16 of 17
File 2023-086
2569
I The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
2 Environmental Resources Department staff, and the testimony given at the public hearings.
3
4 VII. STAFF RECOMMENDATION
5
6 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
7 Commercial (COMM) for properties located at 106309, 106319, 106329, and 106339 Overseas
8 Highway, Key Largo contingent on approval of the corresponding Land Use District (LUD) Map
9 amendment from Improved Subdivision (IS) to Commercial 1 (C1).
10
11 VIII. EXHIBITS
12 1. 11"X 17"Map Series FLUM Amendment
13 2. DRC Resolution No. 18-23
14 3. PC Resolution No. P47-23
15
BOCC SR 03.20.2024 Page 17 of 17
File 2023-086
2570
fl if N
f lr ���, OI�NVU++L � III � •d '?/��// 'G v � f� .'
l � �
i1
r� f N "
� o 0
Q N Y E
s o ED T ; E ®oo®000®oo®
I 0 a
o a c
5
m
O E o
7 �
LL C E
J
R fl JI f� in Ua oD o�(j �0000
-
o D, o f Y m w r v v v r -
1
x
j
i ✓�F�,r ��� �6�1U �� rid y' i m /
r � /
fr !
1
J
H
I� ,f
i
2.
3 MONROE COUNTY, FLORIDA
4 DEVELOPMENT REVIEW COMMITTEE.
5 RESOLUTION NO. DRC. 18-23
6
7 A RESOLUTION BY THE DEVELOPMENT REVIEW
8 COMMITTEE RECOMMENDING APPROVAL OF AN
9 ORDINANCE BY THE MONROE COUNTY BOARDS OF COUNTY
10 COMMISSIONERS AMENDING THE MONROE COUNTY
11 FUTURE LAND USE MAP(FLUM) FROM RESIDENTIAL
12 MEDIUM (RM) TO COMMERCIAL (COMM) FOR PROPERTIES
13 LOCATED AT 106309, 106319, 106329, AND 106339 OVERSEAS
1.4 HIGHWAY, KEY LARGO, MILE MARKER 106, HAVING
15 PARCEL IDENTIFICATION NUMBERS 00538470-000000,
16 00538460-0'00000, 00538450-000000, AND 00538440-000000; AS
17 PROPOSED BY DEL SOL POINT, I..LC; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
20 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;.
21 PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE
22 MAP (FLUM); PROVIDING FOR AN EFFECTIVE DATE
23 (FILE 2023-086)
24
25
26
27 WHEREAS, on April 12, 2023, the Planning and Environmental Resources Department
2s received an application from Del Sol Point, LLC (the "Applicant") to amend the Monroe County
29 Future Land Use Map (FLUM) from Residential Medium (RM) to Commercial (COMM) for
30 properties located at 1.06309, 1.06319, [06329, and 1.06339 Overseas Highway in Key Largo (the
31 "Properties"); and
32
33 WHEREAS, the Applicant has also requested a corresponding; Land Use District (LUD)
34 Map amendment for the Properties from Improved Subdivision (:IS) to Commercial :I (C1); and
35
36 WHEREAS, the Monroe County Development Review Committee (DRC) considered the
37 proposed map amendments at a regularly scheduled meeting held on the 261" day of September
38 2023; and
39
40 WHEREAS,the Memorandum dated August 18, 2023 completed by Devin Tolpin, AICP',
41 CFM„ Principal Planner, recommends approval of the proposed Future Land.Use. Map amendment
42 contingent on approval of the corresponding; Land Use District (LUD) Map amendment; and
ReSolution. No.DRC 18-23
File 2023-086 Paa� 1 cal'2
2572
I WHEREAS, based upon the information and documentation submitted, the Development
2 Review Committee Chair found:
3 1. The proposed FLUM amendment is not anticipated to adversely impact the community
4 character of the surrounding area;
5 2. The proposed FLUM amendment is not anticipated to adversely impact the
6 Comprehensive Plan adopted Level of Service (LOS);
7 3. The proposed FLUM, amendment is consistent with the Goals, Ob-jectives and Policies
8 of the Monroe County Year 2030 Comprehensive Plan;
9 4, The proposed FLUM amendment is consistent with the Key Largo Livable
10 CommuniKeys Plan;
11 5. The proposed FLUM amendment is consistent with the Principles for Guiding
12 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
13 and
14 6. The proposed FLUM amendment is consistent with Part 11 of Chapter 163, Florida
15 Statutes (F.S.).
16
17 NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
18 COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff
19 report and discussed at the September 26, 2023 meeting supports the Chair's decision to
20, recommend approval to the Planning Commission and Board of County Commissioners.
21
22
23 Date
24 Emily S-chemper, AICP, CFNI
25 Senior Director of Planning & Environmental Resources
26
27 1 I-IEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
28 and in the County aforesaid, to, take acknowledgments, personally appeared Emily Schemper, to
29 me known to be the person described in and who executed the foregoing instrument and she
30 acknowledged before me the she executed the same.
31
32 WITNESS my hand and official seal in the County and State last aforesaid this Z-6`4'day of
33 -D --�ft 1 2023
34
35 NOTARY PUI IC, STATE OF FLORIDA
ILZE AGUILA
1
Notary Public State of Florida
Comml5sior#HH 030716 4l'
op my Comm,Expires Oct 31,2024
Banded through National Notary Assn,
Rcsolution No. DRC 18-23
File 2023-086 Page 2 ol'2
2573
J �
Y
2, leiONROE COUNTY, FLORIDA
MONR(. E ("OUN"T�yyl,r PLANNING COMMISSION RESOLUTION NO. I' T- 3
4
A RESOLUTION BY THE MONROE CIOUNTY PLANNING
tp COMMISSION SION RECOMMENDING' APPROVAL OF AN
7 ORDINANCE BY THE f IO ROE "O(.rNTY IIC.)ARD OF +C"f:iUX'r'
(."()M MISS]ONERS AMENDING "]:`Tile MONROE COUNTY'
9 FU TURF LAND (ISE MAP (,l#'I.,ITM) FROM RESIDENTIAL
L
10 NIEDIUTM (RM) T(:T (."10 CMERCIA,L ((70 M) FOR PROPERTIES
1 1 LOCATED"I"ED AT 106309, 106319, 106329,29,E AND 106339 OVERSEAS
12 HIGHWAY, KEY LARGO, MILE MARKER 106, HAVING
13 PARCEL IDENTIFICATION NUMBERS 0053 470-I:FCII)IIIIII,
14 00538460-0I)000011 00538450-I.IIII1I00, AND 00538440-III)00II0; A
15 PROPOSED BY I1EL SCSI„f POINT, T,LC PRO IDIN(:. FOR
16 SLVER.A BILI TY; PROVIDING FOR REPEAL OF CON LIC T"IN(:G"
17 PROVISIONS; PROVIDING FORTRANSNUTTALToTHE STATE
19 LAND PLANNING AGENCY AND THE SE(.:'RET'ARY OF `TgT"A►T"I:a
19 PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE
2m1 MAP (FLUM)w PROVIDING FOR AN EFFECTIVE DATE (FILE
27
,r WHEREAS, on April 12, 2023, tire planning and Envii-on ni ntaal Resources De anincli1.
trot received an application from Del 5cfl Point, LL,C:` (the -Applicant") to amend the Monroe County
25 lauture Land Use Maal, (F L7M) frcann Residential Mealrur n (RM) to C ornnmercianl (COMM) lot'
76 properties located at 106309, IC16319, 100329, ,and 1(1633)1 Overseas Flighwaay^ in Rey. Largo (tine,
27 "Properties"); and
28
29 NVIIEREA S, the Applicant has also requested a corresponding Land District (1.,11D)
30 Map amendment for tire properties frorn Ian prov al SUbdivision (IS) to Commercial ➢ (0 )', and
71
32 ' rv`IIER.EA►,S, the Monroe C:craunty Development Review Committee (`1:yRCµ"") considered
tit the proposed reap arnnendments aat ar regularly scheduled meeting held on September 6, 2C)`?;:3; and
34
35 WHEREAS, on Septeniher6, 2023, the Applicant held aN community meeting,, as required
err, by Monroe County Land Development Code ("I.�1 (... or "Code") Section 10 -1 13(aa) to discuss
37 the propoWd FLUM amendment and the corresponding Land Use District Map amendment, and
38 provide for puhalic,° participation', and
19
40 WHEREAS, on `3epwirib ar• 26, 02 3, tiro Chair of the DRC si ned Resolution Nos. I RC
41 113-23 arnal DRC::7 19-:23,recommending APPROVAL L ofthe proposed amendments to the I-and Use
-:12 District Map and FUlture Land Use Mi a to the H.antring C.lomr°iussion and Board of' County
43 Commissioners,- and
4.1
1 cat"4
2574
I WHEREAS, file Meniorandurn dated November 1, 2023 completed by Principal Planner
2 Devin Tolpin, A.I.C,P,, CT.M., reconirriends approval of the proposed I'uture Land Use Map
3 amendment contingent on approval of (lie corresponding Land Use District (LUD) Map
4 aniendruent; and
5
WHEREAS, file Monroe County Planning Commission ("Planning Cornmission") held a
7 public hearing on the 20,h day of December, 2023, for review and reconimendation of the proposed
8 FLUM atriendirient and correspf.miding LUD arnench-rient; and
9 WHEREAS, based upcmi the information, and dOCUilientation submitted, the Planning
I o Commission fOLM&
L The proposed Fl-UMarriendment is 1101 ann.cipated to adversely impact the community
character of the surmt,inding area;
2. The proposed FLUM amendment is not anticipated to adversely irinpact the
14 Comprehensive Plan, adopted Level of Service ("LOS");
1.5 3, The proposed FLUM amendment is consistent with the Goals, 01hjectives and Policies
Id') of the Monroe County' Year 2030 Cornpreliensive PIan-,
17 4� "The prop(:)scd FLU1'4 aniendment is consistent with the Key Largo L,ivable
19 ConinlUniKeys plan-,
N , The proposed F`I.JJM arneridnient is consistent with the Principles for Guiding
20 Developritent for the Florida Keys Area, Fla. Stat. § 380.0552(7); and
21 6. The proposed FLUM amendment is consistent with Part 11 of Chapter 163, Florida
22 Statutes.
23
24 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
25 MONROE CO'LINTY, VLORIDA:
26
27 Sectioll 1. Recitals.The foregoing recitals, firidings offiact, and conclusions oflaw are
28 true and correct and are hereby incorl.,)orated as If' fully set forth herein, and the, record of' this
29 proceeding is hereb '
Y incorporated as iffully, stated herein.
30
31 Section 2,. The Monroe County Planning Comlitission has duly considered the entirety
32 of the, record before it.
33
34 Section 3, The Monroe County Planning Commission concurs with the detailed
35 recornmendation(s), findings art(] conclusions of fact and IaNv of"the Monroe County Planning and
36 Environmental Resources Departnient's professional staff', including but not limited u.) tile
;7 testinlon �,i L d and dOCUnicntar, i t y 17: tidings and conclusions of t',C ct and law of (lie Department's
'is
testifying P rofessional staff and the Department's professional staff report, and adopts these as
39 additional findings offact and conclusions oflaw of the Planning Commission's own.
40
41
Section 4. Following considered re view of the full record before it, based upon
41 competent Substantial evidence in the record, more particularly referenced above in the foregoing
44 prefatory and operative recitals, prefatory and operative findings of fact, and prefatory and
45 operative conclusions of law, all detailing said evidence, the Monroe County Planning
46 Coniniission hereby recornmends AP.PROVAL of the proposed FLUM Amendment to the
47 N10111-0C COLIMY Board OfCOUnty Commissioners.
48
lof4
2575
I Section 5. Construction and Interpretation. Ill his Resolution and its interpretation
2 shall be liberally construed in favor of the Monroe County Planning Conirnissio 11 and Monroe
3 County Board of County Conunissioners ("'BOCC") and SUch interpretation shall be entitled to
4 great weight in adversarial adrninistrative proceedings, at trial, on appeal, and in any/all
5 bankruptcy proceedings. The interpretation Of Monroe County Comprehensive Plan provislon(s,
6 f"'lorida Building Code, Floridl SUAtUres, and Monroe (ounty Code(s) provision(s) whose
7 Intel,pretation ari,,,es OUt Of, relates to, or is interpreted in connection with this ReSOILHiOrl Sthill IV
R liberally construed and enforced in favor of tyre Monroe COUnty Planning Commission and BOCIC
and such itnerpretation shall lie entitled to great weight in adversarial administrative proceedings,
I o at trial, on appeal, and in bankruptcy proceedings.
I 9
12 Section 6. Captions and Paragraph Headings. Captions and paragraph headings.
13 where Used herein, are inserted for convenience only and are not intended to descriptively firnit
14 the scope and intent of tyre particular paragraph or text to which they refer.
15
16
17 PASSED AND ADOPTED BY THE P1,ANNINCr COMMISSION of Monroe County,
a S Florida, at as regular nreeting held on the 20"' day (A'Deceniber, 2023,
19
2C) Joe Scarpelli, (7 hair 'YES
Ron Demes, Vice Chair YES
22 George Neugent, Corrunissioner YES
23 Rosemary 'rhorrias, Com.missioner YES
24 2 David Ritz, Coninfissioner YES
25
26 PLANNING COMMISSION OF MONROE ("OUNI] la 1,0RIDA
27
28 By�
................ ...................-
29 Man roe C ,i J!,1 11' g Cot , nis", ion C hair Joe Scarpelli
30
31 ned this day of 2023
32 LZE AGUILA
13 Notary No*-Stale of Nodda
Commisslon#HH 010716
34 Ay Comm,Expwes Oct 31,202!4
riled throulh NabonaG Notaq Ass,r� ..................
15 NOTARY I)IJ6 .1C, STATE OF FLORIDA
16
37 Monroe County planning Con-urrission Counsel
38 Approved As To Form
39
40
4 1 J c')I I (1,11re, Esq,
42 Date: FILED WIT['-Ii THE
G"I", ENCY Cl",`URK
3 (,)1"4
2576
1
2
11
5 ,
6
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2024
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
15 AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
17 FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO
18 COMMERCIAL (COMM) FOR PROPERTIES LOCATED AT 106309,
19 106319, 106329,AND 106339 OVERSEAS HIGHWAY,KEY LARGO, MILE
20 MARKER 106, HAVING PARCEL IDENTIFICATION NUMBERS
21 00538470-000000, 00538460-000000, 00538450-000000, AND 00538440-
22 000000; AS PROPOSED BY DEL SOL POINT, LLC; PROVIDING FOR
23 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
24 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
26 FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
27 FOR AN EFFECTIVE DATE (FILE 2023-086)
28
29 ---------------------------------------------------------------------------------------------------------------------
30
31 WHEREAS, the Monroe County Board of County Commissioners conducted a public
32 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
33 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
34 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
35 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
36 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 Board of County Commissioners does hereby approve the transmittal of the
45 draft ordinance, attached as Exhibit A, for review of the proposed Future Land Use
46 Map amendment.
Resolution -2024 Pagel of 2
BOCC Transmittal: File 2023-086
2577
47 Section 2. The Board of County Commissioners does hereby transmit the proposed
48 amendment to the State Land Planning Agency for review and comment in
49 accordance with the State Coordinated Review process pursuant to Section
50 163.3184(4), Florida Statutes.
51
52 Section 3. The Monroe County staff is given authority to prepare and submit the required
53 transmittal letter and supporting documents for the proposed amendment in
54 accordance with the requirements of Section 163.3184(4), Florida Statutes.
55
56 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
57 resolution to the Director of Planning.
58
59
60 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
61 Florida, at a regular meeting held on the 201h day of March, 2024.
62
63 Mayor Holly Merrill Raschein
64 Mayor Pro Tem James K. Scholl
65 Commissioner Craig Cates
66 Commissioner Michelle Lincoln
67 Commissioner David Rice
68
69
70 BOARD OF COUNTY COMMISSIONERS
71 OF MONROE COUNTY, FLORIDA
72
73 By:
74 MAYOR HOLLY MERRILL RASCHEIN
75
76 (SEAL)
77
78 ATTEST: KEVIN MADOK, CLERK
79
80
81 AS DEPUTY CLERK
82
Resolution -2024 Page 2 of 2
BOCC Transmittal: File 2023-086
2578
Exhibit A to Resolution
2l;
3 ,�
4
.......... a
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2024
10
11
12 AN ORDINANCE BY THE MONROE COUNT OF COUNTY
13 COMMISSIONERS AMENDING THE MON C Y FUTURE
14 LAND USE MAP FROM RESIDENT IIIEDI RM) TO
15 COMMERCIAL (COMM) FOR PROP E LOCATED 106309,
16 106319, 106329, AND 106339 OVER S HIGIWAY, KE CAD,
17 MILE MARKER 106, HAVING PA ENT CATION NU ��RS
18 00538470-000000, 00538460-000000, 005 - AND 0 8440-
19 000000; AS PROPOSED BY DEL SOL POI LC; PROVIDING FOR
20 SEVERABILITY; PROVIDI FOR REP OF CONFLICTING
21 PROVISIONS; PROVIDING TRANSMIT TC1, THE STATE
22 LAND PLANNING AGENCY E SEC OF STATE;
23 PROVIDING FOR AMENDME TO UTU LAND USE MAP;
24 PROVIDING FOR AN EFFECTIV 3-086)
25
26
27 WHEREA ril 12, 23, the Plan g end Environmental Resources Department
28 received an application Pel oint, LLC (t Applicant") to amend the Monroe County
29 Future Land Uulllsulll Map (F �� �I edium (RM) to Commercial (COMM) for
30 properties 309, 9, 106 d 106339 Overseas Highway in Key Largo (the
31 "Prope ); and
32 uuuuuiuu
33 0 REAS, the also requested a corresponding Land Use District (LUD)
4 Ma amen t for th Pr i fr°0 m Improved I tCommercial 1 1 • an 3 p e o e o es o ( S) o (C ), d
35
36 WHE he M oe County Development Review Committee ("DRC") considered
37 the proposed map nts at a regularly scheduled meeting held on September 26, 2023;
38 and
39
40 WHEREAS, on September 6, 2023, the Applicant held a community meeting, as
41 required by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to
42 discuss the proposed FLUM amendment and the corresponding Land Use District Map
43 amendment, and provide for public participation; and
44
2579
I WHEREAS, the Monroe County Development Review Committee (DRC) considered
2 the proposed map amendments at a regularly scheduled meeting held on September 26, 2023;
3 and
4 WHEREAS, on September 26, 2023, the Chair of the DRC signed Resolution Nos. DRC
5 18-23 and DRC 19-23, recommending APPROVAL of the proposed amendments to the Land
6 Use District Map and Future Land Use Map to the Planning Commission and Board of County
7 Commissioners; and
8 WHEREAS, at a regularly scheduled meeting held on December 20, 2023, the Monroe
9 County Planning Commission held a public hearing for the purpose sidering the proposed
10 amendment to the Future Land Use Map of the Monroe County Y 2030 'Comprehensive Plan
11 and the proposed Zoning map amendment for the Property, a� ided for public comment;
12 and 1i11
13 WHEREAS, the Monroe County Planning Com ' s°ill adopte olution Nos. P47-23
14 and P48-23 recommending APPROVAL of the prop o ndments to and Use District
15 Map and Future Land Use Map to the Board of Con Commissioners; and
16 uppullllll p°jpp uuppppuo
17 WHEREAS, at a regular meeting held on Oth f March, 202 the Monroe
18 County Board of County Commissioners held a public to consider the transmittal of the
19 proposed amendment, considered the s, ff report and pro for public comment and public
20 participation in accordance with the re ents of state 1 d the procedures adopted for
21 public participation in the planning proces uuu1p1p0°
22
23 WHEREAS, at the March 20, 2024� ubli OCC adopted Resolution No.
24 -2024, transmitting the ment to the and Pl g Agency; and
25 11 uiuillllll
26 WHEREAS State L Planning A cy reviewed the amendment and the County
27 received its Object ons, omm ations and C nts (ORC) report on ;
28 and ui
29
30 RC r IIII and
31
32 upuullllll REASsjp0����onse to the ORC report,
P
33 and
34
35 WHE at a re arly scheduled meeting on the day of , the
36 BOCC held a pub ri o consider adoption of the proposed FLUM amendment;
37 IIII
38 NOW, THEREFO BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
39 COUNTY COMMISSIONERS:
40
41 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is
42 amended as follows:
43
44 The properties located at 106309, 106319, 106329, and 106339 Overseas
45 Highway in Key Largo are changed from Residential Medium (RM) to
Ord. No. -2024
File 2023-086 Page 2 of 3
2580
I Commercial (COMM) as shown on Exhibit 1, attached hereto and incorporated
2 herein.
3
4 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
5 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
6 validity.
7
8 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
With this ordinance are hereby repealed to the extent of said conflict.
10
I I Section 4. Transmittal. This ordinance shall be transmitted by Director of Planning to the
12 State Land Planning Agency pursuant to Chapter 163 and 380 tatutes.
13 1111111
14 Section 5. Filing and Effective Date. This ordina h be fi the Office of the
15 secretary of the State of Florida but shall not beco effec ve until a n is issued by the
16 State Land Planning Agency or Administratio ommis§lion finding t ei0ment in
17 compliance, and if challenged, until such challe solved rsuant to Chap p020, Florida
18 Statutes. W
19
20 Section 6. Inclusion in the Com0fthensive Plan. oregoing amendment shall be
21 incorporated in the Monroe County Coull lan and ded on the Future Land Use
22 Map. ��l uu11pp0°
23
24 PASSED AND ADOPTED by the B rd omissioners of Monroe County,
25 Florida, at a regular in n the
26
27 uuuuumllllllll
jjj
28 ayor Holly rrill Raschein
29 lames K. Scholl
01 Comm ner Craig Cates
3 ommissioner Michelle Lincoln
32 ulllllll ���� issioner David Rice
33
34 p1
35 BOARD OF COUNTY COMMISSIONERS
36 OF MONROE COUNTY, FLORIDA
37 IIII
38 By:
39 "' MAYOR HOLLY MERRILL RASCHEIN
40
41 (SEAL)
42
43 ATTEST: KEVIN MADOK, CLERK
44
45
46 AS DEPUTY CLERK
Ord. No. -2024
File 2023-086 Page 3 of 3
2581