Item N05 N5
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: N5
2023-2188
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Consider Approval to Adopt an Ordinance
Amending the Monroe County Future Land Use Map ("FLUM") from Residential Medium("RM") to
Mixed Use/Commercial ("MC") for Property Located at 103301 Overseas Highway, Key Largo, as
proposed by Irwin Holdings 103301, LLC.
ITEM BACKGROUND:
On February 3, 2023, the Monroe County Planning and Environmental Resources Department
("Department")received an application from Jim Saunders on behalf of Irwin Holdings 103301, LLC
("Developer" or the "Applicant") to amend the Monroe County Future Land Use Map ("FLUM") from
Residential Medium("RM") to Mixed Use/Commercial("MC") for property located at 103301
Overseas Highway on Key Largo ("subject property" or the "Property").
Site Information:
Location: Approximate mile marker 103, Key Largo
Address: 103301 Overseas Highway
Description: Lots 17 and 18, Block 12, Largo Sound Park, according to the plat thereof, as recorded in
Plat Book 3, Page 111, of the Public Records of Monroe County, Florida
Current Property Identification Number: 00472810-000000
Owner/Applicant: Irwin Holdings 103301, LLC
Size of Property: 0.3 acres (13,330.2 S.F.) of upland area per survey by Lincoln Iturrey, P.S.M., signed
and sealed on 01/27/2023.
FLUM Designation: Residential Medium ("RM");pending application to amend to Mixed Use/
Commercial("MC")
Land Use District: Improved Subdivision-Masonry ("IS-M");pending application to amend to Mixed
2582
Use ("MU")
Tier Designation: III
Flood Zone: X
CBRS: No
Existing Use: Office
Existing Vegetation/Habitat: Developed Land
Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail, Restaurant
The Property currently has a Land Use District("LUD") designation of Improved Subdivision, with the
Masonry subdistrict indicator("IS-M") and Future Land Use Map ("FLUM") designation of Residential
Medium("RM"). The Property was within a BU-1 district(Light Business)prior to September 15,
1986. In 1986, the Property was given the designation of Improved Subdivision ("IS"). With the
adoption of the Comprehensive Plan's FLUM in 1997, the Property was given the FLUM designation of
Residential Medium("RM").
The Property is currently developed with a 2,278 square foot structure according to the Monroe County
Property Appraiser("MCPA"). The existing structure is permitted to serve as an office.
The Applicant states that the reason for the proposed FLUM amendment is:
"Due to present zoning owner cannot submit building permit to fence area under existing structure.
Zoning change requires FLUM to be consistent."
Concurrent Applications
File 2022-187: A corresponding Land Use District("LUD") Map amendment for the Property,
requesting to amend the LUD from Improved Subdivision-Masonry (IS-M) to Mixed Use ("MU").
Community Meeting and Public Participation
In accordance with Land Development Code ("LDC" or "Code") Section 102-159(a), a community
meeting was held on June 27, 2023, at the Key Largo Branch Library to discuss the proposed Future
Land Use Map ("FLUM") amendment and corresponding Land Use District ("LUD") Map and provide
for public participation.
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 June 27, 2023, to provide for
public participation, comments, and recommendations. On June 29, 2023, the Chair of the DRC signed
Resolution No. DRC 12-23 and No. DRC 13-23, recommending APPROVAL of the proposed
amendments to the Land Use District ("LUD") Map and Future Land Use Map ("FLUM") to the
Monroe County Planning Commission and Monroe County Board of County Commissioners.
Planning Commission
2583
The Monroe County Planning Commission considered the proposed amendments to the FLUM and
LUD Map at a regularly scheduled hearing held on August 23, 2023, to provide for public participation,
comments, and recommendations. On August 23, 2023, the Chair of the Planning Commission("PC")
signed PC Resolution No. P30-23 and No. P31-23, recommending APPROVAL of the proposed
amendments to the Land Use District ("LUD") Map and Future Land Use Map ("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 101.5.6:
The principal purpose of the Mixed Use/Commercial("MC") future land use category is to provide for
the establishment of mixed use commercial land use (zoning) districts where various types of
commercial retail and office may be permitted at intensities which are consistent with the community
character and the natural environment. Employee housing and commercial apartments are also
permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas of
mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient
and permanent residential, institutional,public, and commercial retail uses.
This future land use category is also intended to allow for the establishment of mixed use development
patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
continue to take a proactive role in encouraging the preservation and enhancement of community
character and recreational and commercial working waterfronts.
In order to protect environmentally sensitive lands, the following development controls shall apply to
all hammocks,pinelands, and disturbed wetlands within this land use category:
l.Only low intensity commercial uses shall be allowed;
2.A maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3.Maximum net residential density shall be zero.
...Information related to MI zoning district omitted...
Maximum Density and Intensity by Land Use District
2584
The proposed FLUM amendment with the MU LUD would result in a decrease of allocated market
rate density but would result in an increase in TDR/market rate residential maximum net density,
affordable residential maximum net density, transient density, and nonresidential intensity.
Any new residential use on the Property would be subject to the requirements of Chapter 138 of the
Land Development Code related to the residential Rate of Growth Ordinance ("ROGO")permit process.
Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
LDC Section 138-49.
The Property currently has a 2,278 square foot nonconforming office. Approval of the requested FLUM
amendment and LUD amendment to MU would render the existing office use as conforming with up to
3,054.1 square feet of floor area available to expand [dependent on the use].
Compliance with Comprehensive Plan Policy 101.5.26
The proposed FLUM amendment from RM to MC does not result in an increase to residential allocated
density and therefore eliminates the need to mitigate under Policy 101.5.26.
Compatibility with the Surrounding Area
1. Existing Vegetation/Habitat: Developed Land
2. Existing Tier Designation: III
3. Number of Listed Endangered or Threatened Species: 0
4. Existing Use: Office
5. Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail,
Restaurant
Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
Monroe County shall ensure that all development and redevelopment taking place within its boundaries
does not result in a reduction of the level-of-service requirements established and adopted by this
comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments
include an analysis of the availability of facilities and services or demonstrate that the adopted levels of
service can be reasonably met.
Traffic Circulation(Comprehensive Plan Policy 301.1.2�
The Property is located on Overseas Highway/U.S. 1 on Key Largo at approximate mile marker 103.
Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C."According to
the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
A trip generation analysis was not submitted by the Applicant. At the time of development approval, a
trip generation analysis will be required to be submitted in order to verify sufficient roadway capacity.
According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for
Segment 23 is 11,148 trips.
Potable Water(Comprehensive Plan Policy 701.1.11
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
2585
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, Exhibit 3-8, has stated the LOS standard for residential
and nonresidential flow is 167 gallons per day per equivalent dwelling unit(EDU). The proposed
FLUM amendment would decrease the permanent, allocated residential density, but increase the
maximum net residential density for on the site by 2.88 dwelling units, which could increase the
required flow by 480.96 gallons per day. The combined average flows of the Key Largo Wastewater
Treatment System are 1,970,000 gpd, whereas the plant capacity is 3,450,000 gpd. Any proposed
development on the site will either need to connect to the Key Largo Wastewater Treatment District
central sewer system or provide on-site sewage treatment and disposal that meets the LOS standards in
Policy 901.1.1.
The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic,potable
water, solid waste and sanitary sewer.
CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING
DEVELOPMENT,AND THE MONROE COUNTY LAND DEVELOPMENT CODE
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan. Please see the attached professional Staff
Report for specific Goals, Objectives, and Policies.
2. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan.
Please see the attached professional Staff Report for specific Action Items.
3. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not
inconsistent with the Principles for Guiding Development as a whole and is not inconsistent
with any Principle.
The BOCC may consider the adoption of an ordinance enacting the proposed map and text
amendments to this Land Development Code based on one or more of the following factors:
Changed projections (e.g., regarding public service needs) from those on which the existing text or
boundary was based;
Per the Applicant: "No Change"
Changed assumptions (e.g., regarding demographic trends) from those on which the existing text
or boundary was based;
Per the Applicant: "No Change"
2586
Data errors, including errors in mapping,vegetative types and natural features which contributed
to the application of the existing text or boundary;
Per the Applicant: "No Change"
The structure that is currently in existence on the Property was constructed as a dance studio. This
structure received its Certificate of Occupancy on July 26, 1984. As described in the relevant prior
County actions section of this Report, the 1973-86 Zoning maps indicate the Property was within the
BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District permitted professional
service and retail uses per Section 19-216(a) of the 1973-86 Monroe County Code. The adoption of the
revised and use district maps and code in 1986 rendered the previously existing lawful use
nonconforming.
New issues which arose after the application of the existing text or boundary;
Per the Applicant: "Owner cannot pull a building permit to fence area under his existing structure to
secure his equipment inventory."
A nonconforming office use is currently in existence on the Property. Monroe County LDC Section
130-83(d) allows lawfully established nonresidential uses which were rendered nonconforming by the
2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDRs, Section 9-
212) and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be
permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a
major conditional use, subject to the standards and procedures set forth in chapter 110, article III. These
standards include the use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre-1996 LDRs for this district,whichever is more
restrictive.
The new issue to which the Applicant is referring, is the Applicant's intention to expand the
nonresidential intensity by means of enclosing the ground floor of the existing office building. In order
to allow an expansion of the nonresidential use, the Property's FLUM category and land use designation
would need to be amended to a category and district that would allow the proposed increase in floor
area.
Recognition of a need for additional detail or comprehensiveness;
Per the Applicant: "No Change"
Data updates; or
Per the Applicant: "No Change"
Consistency with the Comprehensive Plan and the principles for guiding development as defined
in Section 380.0552, Florida Statutes.
As described throughout this report, staff finds the proposed map amendment consistent with the
Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
Florida Statutes.
2587
In no event shall an amendment be approved which will result in an adverse change in
community character to the sub-area which a proposed amendment affects or to any area in
accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
The proposed Future Land Use Map amendment is not anticipated to result in an adverse change the
community character of the surrounding area of the Property as the Property has contained a
nonresidential use for almost 40 years.
PREVIOUS RELEVANT BOCC ACTION:
The structure that is currently in existence on the property was constructed as a dance studio. This
structure received its Certificate of Occupancy on July 26, 1984.
The 1973-86 Zoning Maps indicate the Property was within the BU-1 Light Business District.The
1973-86 zoning, BU-1 Light Business District,permitted professional service and retail uses per
Section 19-216(a) of the 1973-86 Monroe County Code.
The 1986 Pattison Zoning Maps indicate the Property was within the Improved Subdivision (IS) district.
The 1988 "Craig" Zoning (land use) District Maps (effective in 1992) indicate the Property was within
the Improved Subdivision-Masonry(IS-M) district. These maps were most recently certified through
BOCC Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District
Maps making the maps available in digital form on June 20, 2007.
On April 6, 2018, Planning Commission Resolution No. P06-18 was passed and adopted, approving
with conditions a Major Conditional Use Permit for the redevelopment, substantial improvement, or
reestablishment of the existing nonconforming office use in the IS zoning district. It should be noted
that this development did not take place and the Major Conditional Use Permit has since expired.
On January 20, 2022, a Letter of Understanding was issued by the Senior Director of Planning and
Environmental Resources which determined there to be suitable evidence to support the existence of
office use prior to and on January 4, 1996. This lawful nonconforming use shall be recognized and
added to the Department's official registry. The Property may therefore develop, redevelop, reestablish
and/or substantially improve the office use,provided it is limited in intensity, floor area, and to the type
of use that existed on January 4, 1996,per LDC Code Section 102-56(a)(2) or the lawfully existing use
on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a major conditional use limited to the
permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs
for the IS district, whichever is more restrictive,per LDC Code Section 130-83(e). The Letter of
Understanding also addressed the proposed expansion of office floor area and stated that the addition of
nonresidential floor area, by means of enclosing the first floor of the existing structure, for office use is
not consistent with the current FLUM and LUD of the Property.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
2588
The professional staff of the Monroe County Planning and Environmental Resources Department
recommends approval of the proposed Future Land Use Map ("FLUM")Amendment.
DOCUMENTATION:
2023-081 BOCC SR 03.20.24.doc
2023-081 Exhibit I—FLUM—I IA-17—Irwin—Holdings.pdf
2023-081 Exhibit 2—2023-081 DRC Reso No. 13-23.pdf
2023-081 Exhibit 3—PC Reso P31-23.pdf
Exhibit 4—Resolution 495-2023.pdf
Exhibit I to Ordinance.pdf
Exhibit-5—FLUM—Ordinance.pdf
FINANCIAL IMPACT:
N/A
2589
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; and
14 Cheryl Cioffari, AICP, Assistant Director of Planning
15
16 Date: September 7, 2023
17
18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
19 Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use/
20 Commercial (MC) for property located at 103301 Overseas Highway, Key Largo, as
21 proposed by Irwin Holdings 103301, LLC (File 2023-081)
22
23 Meeting: March 20, 2024
24
25 I. REQUEST
26
27 On February 3, 2023, the Planning and Environmental Resources Department received an
28 application from Jim Saunders on behalf of Irwin Holdings 103301, LLC (the "Applicant") to amend
29 the Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to Mixed Use/
30 Commercial(MC) for property located at 103301 Overseas Highway on Key Largo (the"Property").
31
32
33 Existing FLUM Designation Proposed FLUM Designation
34
BOCC SR 03.20.2024 Page 1 of 16
File 2023-081
2590
1 II. BACKGROUND INFORMATION
2 Site Information:
3 Location: MM 103, Key Largo
4 Address: 103301 Overseas Highway
5 Description: Lots 17 and 18, Block 12, Largo Sound Park, according to the plat thereof, as recorded
6 in Plat Book 3, Page 111, of the Public Records of Monroe County, Florida
7 Parcel Identification Number: 00472810-000000
8 Owner/Applicant: Irwin Holdings 103301, LLC
9 Size of Property: 0.3 acres (13,330.2 SF) of upland area per survey by Lincoln Iturrey, P.S.M.
10 signed and sealed on 01/27/2023.
11 FLUM Designation: Residential Medium (RM); pending application to amend to Mixed Use /
12 Commercial (MC)
13 Land Use District: Improved Subdivision-Masonry (IS-M);pending application to amend to Mixed
14 Use(MU)
15 Tier Designation: III
16 Flood Zone: X
17 CBRS: No
18 Existing Use: Office
19 Existing Vegetation/Habitat: Developed Land
20 Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail,
21 Restaurant
22
23 The Property currently has a Land Use District (zoning) designation of Improved Subdivision, with the
24 Masonry subdistrict indicator (IS-M) and Future Land Use Map (FLUM) designation of Residential
25 Medium (RM). The Property was within a BU-1 district (Light Business) prior to September 15, 1986.
26 In 1986, the Property was given the designation of Improved Subdivision (IS). With the adoption of the
27 Comprehensive Plan's FLUM in 1997, the Property was given the FLUM designation of Residential
28 Medium(RM).
29
30 The Property is currently developed with a 2,278 square foot structure according to the Monroe County
31 Property Appraiser(MCPA). The existing structure is permitted to serve as an office.
32
33 The Applicant states that the reason for the proposed FLUM amendment is:
34 "Due to present zoning owner cannot submit building permit to fence area under existing structure.
35 Zoning change requires FLUMto he consistent. "
36
37 Concurrent Applications
38 File 2022-187: A corresponding Land Use District (LUD) Map amendment for the Property, requesting
39 to amend the LUD from Improved Subdivision-Masonry (IS-M) to Mixed Use (MU).
40
41 Community Meeting and Public Participation
42 In accordance with LDC Section 102-159(a), a community meeting was held on June 27, 2023 at the
43 Key Largo Branch Library to discuss the proposed Future Land Use Map (FLUM) amendment and
44 corresponding Land Use District(Zoning) Map and provide for public participation.
45
46
BOCC SR 03.20.2024 Page 2 of 16
File 2023-081
2591
I Development Review Committee
2 The Monroe County Development Review Committee (DRC) considered the proposed amendments to
3 the FLUM and LUD Map at a regularly scheduled meeting held on June 27, 2023 to provide for public
4 participation, comments, and recommendations. On June 29, 2023, the Chair of the DRC signed
5 Resolution Nos. DRC 12-23 and DRC 13-23, recommending APPROVAL of the proposed amendments
6 to the Land Use District Map and Future Land Use Map to the Planning Commission and Board of
7 County Commissioners.
8
9 Planning Commission
10 The Monroe County Planning Commission considered the proposed amendments to the FLUM and
11 LUD Map at a regularly scheduled hearing held on August 23, 2023 to provide for public participation,
12 comments, and recommendations. On August 23, 2023, the Chair of the Planning Commission signed
13 Resolution Nos. P30-23 and P31-23, recommending APPROVAL of the proposed amendments to the
14 Land Use District Map and Future Land Use Map to the Board of County Commissioners.
15
16 Prior Relevant BOCC Action
17 The structure that is currently in existence on the property was constructed as a dance studio. This
18 structure received its Certificate of Occupancy on July 26, 1984.
19
20 The 1973-86 Zoning Maps indicate the Property was within the BU-1 Light Business District.
21
,
22
23 1973-1986 Monroe County Zoning of Prqperty(highlight),B U-1
24
25 The 1973-86 zoning, BU-1 Light Business District, permitted professional service and retail uses per
26 Section 19-216(a) of the 1973-86 Monroe County Code as depicted below.
27
Sec. IW216.BU-1 light business district.
The district is intended to protect and enhance the areas best
suited for the preservation of businesses related to neighborhood,
tourist,and resort retail sales;and business,personal and profes-
sional services.
(a) Principal uses permitted.-Professional services,-business
services,banks,post off ees,ticket offices,answering ser-
vices,family counseling,personal services,drug and mm-
dry stores,tobacco and newsstands,florists,gift shops,
confectionery stores.antique shops,art goods,bric-a-brac
shops,ice cream parlors,curio shops,interior decoration,
furriers,bookstores,restaurants A and B,clothing stores,
jewelry store;,loot he,goods,photographic gallerir,,,pot-
tery sales(no manufacturing),shut stores,sporting goods,
tailor shop:,lire and burglar alarms.
(b) Acces-spry uses permitted Apartments within the principal
building.
(e) (lees permitted upon special opproueL
(1) Retail sales and services not expressly permitted.
28 (2)-{9)Reserved.
29
BOCC SR 03.20.2024 Page 3 of 16
File 2023-081
2592
I The 1986 Pattison Zoning Maps indicate the Property was within the Improved Subdivision (IS) district.
Hu �
+ '
� '
3 1986 Pattison Zoning Map Property(highlight),IS District
4
5 The 1988 "Craig" Zoning (land use) District Maps (effective in 1992) indicate the Property was within
6 the Improved Subdivision-Masonry (IS-M) district. These maps were most recently certified through
7 BOCC Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District
8 Maps making the maps available in digital form on June 20, 2007.
9
w U A%—M.r£#-
+ ✓f/ '. . r' � � "�-.ww war.YN. ..�.
10
Y' ✓✓'� � Y//✓ l`���. i.� � Irk � ��Y j!
» ✓! f MM!'1M1 AMMw
\y / ✓✓ »� •�• r'',.a/nwwN r. . .ram.w riw l,s wiw wl,w
7 i ^.»5 I • I�Ir ""�r
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11 1988 Craig Zoning`Map—Property(highlight),IS-M District Y
12
13 On April 6, 2018, Planning Commission Resolution No. P06-18 was passed and adopted, approving
14 with conditions a Major Conditional Use Permit for the redevelopment, substantial improvement, or
15 reestablishment of the existing nonconforming office use in the IS zoning district. It should be noted that
16 this development did not take place and the Major Conditional Use Permit has since expired.
17
18 On January 20, 2022, a Letter of Understanding was issued by the Senior Director of Planning and
19 Environmental Resources which determined there to be suitable evidence to support the existence of
20 office use prior to and on January 4, 1996. This lawful nonconforming use shall be recognized and
21 added to the Department's official registry. The Property may therefore develop, redevelop, reestablish
22 and/or substantially improve the office use, provided it is limited in intensity, floor area, and to the type
23 of use that existed on January 4, 1996, per LDC Code Section 102-56(a)(2) or the lawfully existing use
24 on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
25 substantial improvements, or be reestablished as an amendment to a major conditional use limited to the
26 permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs
BOCC SR 03.20.2024 Page 4 of 16
File 2023-081
2593
I for the IS district, whichever is more restrictive, per LDC Code Section 130-83(e). The Letter of
2 Understanding also addressed the proposed expansion of office floor area and stated that the addition of
3 nonresidential floor area, by means of enclosing the first floor of the existing structure, for office use is
4 not consistent with the current FLUM and LUD of the Property.
5
6 III.AMENDMENT REVIEW
7
8 FL UMCategor;y Comparisons
9 Existing
10 Policy 101.5.3:
11 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
12 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
13 and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
14 have an approved potable water supply, and have sufficient uplands to accommodate the residential
15 uses. Development on vacant land within this land use category shall be limited to one residential
16 dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996.
17
18 Proposed
19 Policy 101.5.6:
20 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
21 establishment of mixed use commercial land use (zoning) districts where various types of commercial
22 retail and office may be permitted at intensities which are consistent with the community character and
23 the natural environment. Employee housing and commercial apartments are also permitted. In addition,
24 Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may
25 include maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
26 institutional,public, and commercial retail uses.
27
28 This future land use category is also intended to allow for the establishment of mixed use development
29 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
30 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
31 continue to take a proactive role in encouraging the preservation and enhancement of community
32 character and recreational and commercial working waterfronts.
33
34 In order to protect environmentally sensitive lands, the following development controls shall apply to all
35 hammocks,pinelands, and disturbed wetlands within this land use category:
36
37 Lonly low intensity commercial uses shall be allowed;
38 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
39 3.maximum net residential density shall be zero.
40 ...Information related to MI zoning district omitted...
41
42 Maximum Densitv and Intensiti,by Land Use District
43 The table below provides a comparison of the development potential for residential, transient and
44 commercial development of the existing Land Use (Zoning) District as compared to the proposed,
45 amended zoning district. Section 130-156(b) of the Land Development Code states: "The density and
46 intensity provisions set out in this section are intended to be applied cumulatively so that no
BOCC SR 03.20.2024 Page 5 of 16
File 2023-081
2594
I development shall exceed the total density limits of this article. For example, if a development includes
2 both residential and commercial development, the total gross amount of development shall not exceed
3 the cumulated permitted intensity of the parcel proposed for development."
4
Maximum Development Potential by Land Use District (Zoning) Map Designation
Existing Zoning Type Adopted Development Potential
Standards
Improved Market Rate Allocated 1.0 du/lot 2 du
Subdivision- Density
Masonry (IS-M) TDR/Market Rate 0 0 du
Residential Max. Net
Gross Upland Density
Area: 13,330.2 sf Affordable Residential 0 0 du
/0.3 acres Max. Net Density
Transient Allocated 0 0 du
Buildable Acre: Density
0.24 Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zoning Standards
Mixed Use (MU) Market Rate Allocated 1.0 du/acre 0.3 du
Density
Gross Upland TDR/Market Rate 12.0 du/ 2.88 du
Area: 13,330.2 sf Residential Max. Net buildable acre
/0.3 acres Density
Affordable Residential 18.0 du/ 4.32 du
Buildable Acre: Max. Net Density buildable acre
0.24 Transient Allocated 5 -10 du/acre 1.5 du -3 du
Density
Transient Max. Net Density 15 -20 du/ 3.6 du -4.8 du
buildable acre
Nonresidential Uses 0.15-0.40 FAR 1,999.5 sf- 5,332.1 sf
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density -1.7 du
Property based TDR/Market Rate Residential Max. Net +2.88 du
on LUD Density
Amendment Affordable Residential Max. Net Density +4.32 du
Transient Allocated Density + 1.5 du - 3 du
Transient Max. Net Density +3.6 du-4.8 du
BOCC SR 03.20.2024 Page 6 of 16
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2595
Nonresidential Uses + 1,999.5 sf- 5,332.1 sf
1
2 As shown in the orange portion of the table, the proposed FLUM amendment with the MU LUD would
3 result in a decrease of allocated market rate density but would result in an increase in TDR/market
4 rate residential maximum net density, affordable residential maximum net density, transient
5 density, and nonresidential intensity.
6
7 Any new residential use on the Property would 1%4
8 be subject to the requirements of Chapter 138 of
9 the Land Development Code related to the
10 residential Rate of Growth Ordinance (ROGO) 
11 permit process. Any new or expanded
12 nonresidential floor area would require an
13 NROGO allocation in accordance with LDC
14 Section 138-49.
15
16 The Property currently has a 2,278 square foot
17 nonconforming office. Approval of the requested
18 FLUM amendment and LUD amendment to MU '
19 would render the existing office use as „
G
20 conforming with up to 3,054.1 square feet of
21 floor area available to expand [dependent on the
22 use].
23 The Property Highlighted in Blue(Aerial Dated 2022)
24
25 Compliance with Comprehensive Plan Policy 101.5.26
26 The proposed FLUM amendment from RM to MC does not result in an increase to residential allocated
27 density and therefore eliminates the need to mitigate under Policy 101.5.26.
28
29 Compatibility with the Surrounding Area
30 a. Existing Vegetation/Habitat: Developed Land
31 b. Existing Tier Designation: III
32 c. Number of Listed Endangered or Threatened Species: 0
33 d. Existing Use: Office
34 e. Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail, Restaurant
35
36 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
37 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
38 does not result in a reduction of the level-of-service requirements established and adopted by this
39 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
40 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
41 can be reasonably met.
42
43 Traffic Circulation(Comprehensive Plan Policy 301.1.2)
44 The Property is located on Overseas Highway/ U.S. 1 on Key Largo at approximate mile marker 103.
45 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
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I the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
2 Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
3
4 A trip generation analysis was not submitted by the Applicant. At the time of development approval, a
5 trip generation analysis will be required to be submitted in order to verify sufficient roadway capacity.
6 According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for
7 Segment 23 is 11,148 trips.
8
9 Potable Water(Comprehensive Plan Policy 701.1.1)
10 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
11 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
12 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
13 The proposed FLUM amendment would decrease permanent allocated residential density beyond what
14 is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS
15 for potable water.
16
17 Solid Waste (Comprehensive Plan Policy 801.1.1)
18 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
19 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
20 waste is handled by private contract.
21
22 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
23 The County has adopted water quality treatment standards for wastewater facilities and within the
24 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
25 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
26 amendment would decrease the permanent, allocated residential density, but increase the maximum net
27 residential density for on the site by 2.88 dwelling units, which could increase the required flow by
28 480.96 gallons per day. The combined average flows of the Key Largo Wastewater Treatment System
29 are 1,970,000 gpd, whereas the plant capacity is 3,450,000 gpd. Any proposed development on the site
30 will either need to connect to the Key Largo Wastewater Treatment District central sewer system or
31 provide on-site sewage treatment and disposal that meets the LOS standards in Policy 901.1.1.
32
33 The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic, potable
34 water, solid waste and sanitary sewer.
35
36 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
37 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING
38 DEVELOPMENT,AND THE MONROE COUNTY LAND DEVELOPMENT CODE
39
40 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
41 County Year 2030 Comprehensive Plan. Specifically, it furthers:
42
43 Goal 101
44 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
45 County residents and visitors, and protect valuable natural resources.
46
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I Objective 101.3
2 Monroe County shall regulate new residential development based upon the finite carrying capacity
3 of the natural and man-made systems and the growth capacity while maintaining a maximum
4 hurricane evacuation clearance time of 24 hours.
5
6 Objective 101.4
7 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
8 the needs of the future population of Monroe County.
9
10 Objective 101.5
11 Monroe County shall regulate future development and redevelopment to maintain and enhance the
12 character of the community and protect natural resources by providing for the compatible
13 distribution of land uses consistent with the designations shown on the Future Land Use Map.
14
15 Policy 101.5.6
16 The principal purpose of the Mixed Use/Commercial(MC) future land use category is to provide for
17 the establishment of mixed use commercial land use (zoning) districts where various types of
18 commercial retail and office may be permitted at intensities which are consistent with the
19 community character and the natural environment. Employee housing and commercial apartments
20 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
21 conserve areas of mixed uses, which may include maritime industry, light industrial uses,
22 commercial fishing, transient and permanent residential, institutional, public, and commercial retail
23 uses.
24
25 This future land use category is also intended to allow for the establishment of mixed use
26 development patterns, where appropriate. Various types of residential and nonresidential uses may
27 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
28 The County shall continue to take a proactive role in encouraging the preservation and enhancement
29 of community character and recreational and commercial working waterfronts.
30
31 In order to protect environmentally sensitive lands, the following development controls shall apply
32 to all hammocks,pinelands, and disturbed wetlands within this land use category:
33
34 Lonly low intensity commercial uses shall be allowed;
35 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
36 3.maximum net residential density shall be zero.
37 ...Information related to MI zoning district omitted...
38
39 Policy 101.5.25
40 Monroe County hereby adopts the following density and intensity standards for the future land use
41 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
42
Future Land Use Densities and Intensities
Residential P) Nonresidential Minimum
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Future Land Use Open Space
ax Mimum Net Density
Category And Allocated Density(a) (a)(b) Maximum Intensity Ratio
Corresponding (per upland acre) (floor area ratio)
Zoning (per buildable acre)
1 du 2 du(MI)
Mixed (DR,MU,MI) 6-18 du(SC)(k> 0.10-0.45
Use/Commercial 3 du(SC) 12 du(UC) (SC,UC,DR,MU)
MC (1)(g) 6 du(UC
( ) ) 12-18 do(MU)(k)
(SC UC DR RV Commercial Apartments <2 500 SF(RV)
MU and MI (RV)(h) 18 du(DR) 0.20
zoning) 0.30-0.60(MI)
5-15 rooms/spaces 10-25 rooms/spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net
density without the use of TDRs."N/A"means that maximum net density bonuses shall not be available. Buildable
acres means the portion of a parcel of land that is developable and is not required open space.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases,the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public
Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or
existing zoning districts as appropriate.
(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be
permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and
Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future
land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair,
boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the
property,adjacent to the shoreline,pursuant to Policy 101.5.6.
(h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10%of total spaces allowed or in
existence on the site,whichever is less.
(i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1
dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum
net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted
nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future
land use designation for platted lots which have a duplex that was lawfully established prior to September 15,
1986.
(k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre
for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.
For the UR zoning district market rate housing may be developed as part of an affordable or employee housing
project with a maximum net density not exceeding 18 du/buildable acre.
(1) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count
when calculating density.
1
2
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I Objective 101.8
2 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
3 applicable provisions of the land development regulations, zoning districts, Future Land Use
4 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
5 important part of the community character and the County desires to maintain such character and
6 protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
7 [F.S. § 163.3177 (6)a.2.e.]
8
9 Policy 101.8.2
10 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new
11 use conforms to all applicable provisions of the Future Land Use category and zoning district in
12 which it is located, except as provided for existing lawfully-established residential uses within Policy
13 101.5.29.
14
15 Policy 101.8.7
16 Monroe County shall maintain Land Development Regulations which allow nonconforming
17 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
18 existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or substantially
19 improve provided that the use is limited in density/intensity, floor area, and to the type of use that
20 existed on January 4, 1996.
21
22 Objective 101.19
23 Monroe County shall address local community needs while balancing the needs of all Monroe
24 County communities. These efforts shall focus on the human crafted environment and shall be
25 undertaken through the Livable CommuniKeys Planning Program.
26
27 Policy 101.19.2
28 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
29 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
30 Plans have been completed in accordance with the principles outlined in this section and adopted by
31 the Board of County Commissioners:
32 ...
33 The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
34 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
35 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only
36 the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent
37 to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
38 checkmark next to them are not considered to be consistent with the definitions of"Objective" and
39 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
40
41 Goal 102: Monroe County shall direct future growth to lands which are most suitable for
42 development and shall encourage conservation and protection of environmentally sensitive lands
43 (wetlands, beach berm and tropical hardwood hammock).
44
45 Policy 105.1.3
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I Monroe County shall, through its development standards and Land Development Code, continue to
2 foster the retention and redevelopment of small businesses on the U.S.1.
3
4 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
5 Specifically it furthers:
6
7 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
8 of individual parcels with respect to density, intensity, bulk regulations, and all other land
9 development regulation. This will protect the existing conformance status of most uses and promote
10 orderly development consistent with the Comprehensive Plan.
11
12 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
13 planning area where appropriate.
14
15 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
16 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
17 comprehensive planning principles and the following community-goal related criteria:
18 a. Promote infill, design flexibility and transfer of density to Community Centers
19 b. Preserve commercial conformance status within sections along US-1 predominated by
20 existing commercial businesses and disturbed lands.
21 c. Encourage sun-setting of intensive commercial uses within sections along US-1
22 predominated by natural habitat or native-dominated landscape, relatively sparse
23 development and relatively few businesses.
24 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
25 economy.
26 e. Give consideration to whether the property provides a unique or outstanding opportunity for
27 enhancement of design, connectivity and other community goals, especially along the US-1
28 corridor.
29
30 C. The BOCC may consider the adoption of an ordinance enacting the proposed map and text
31 amendments to this Land Development Code based on one or more of the following factors:
32
33 1. Changed projections (e.g., regarding public service needs) from those on which the existing
34 text or boundary was based;
35
36 Per the Applicant: "No Change"
37
38 2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing
39 text or boundary was based;
40
41 Per the Applicant: "No Change"
42
43 3. Data errors, including errors in mapping, vegetative types and natural features which
44 contributed to the application of the existing text or boundary;
45
46 Per the Applicant: "No Change"
BOCC SR 03.20.2024 Page 12 of 16
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I The structure that is currently in existence on the Property was constructed as a dance studio. This
2 structure received its Certificate of Occupancy on July 26, 1984. As described in the relevant prior
3 County actions section of this Report, the 1973-86 Zoning maps indicate the Property was within the
4 BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District permitted
5 professional service and retail uses per Section 19-216(a) of the 1973-86 Monroe County Code. The
6 adoption of the revised and use district maps and code in 1986 rendered the previously existing
7 lawful use nonconforming.
8
9 4. New issues which arose after the application of the existing text or boundary;
10
11 Per the Applicant: "Owner cannot pull a building permit to fence area under his existing structure to
12 secure his equipment inventory. "
13
14 A nonconforming office use is currently in existence on the Property. Monroe County Land
15 Development Code Section 130-83(d) allows lawfully established nonresidential uses which were
16 rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land
17 development regulations that were in effect immediately prior to the institution of the 2010
18 Comprehensive Plan (pre-2010 LDRs, Section 9-212) and lawfully existed on such lands on January
19 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial
20 improvements, or be reestablished as an amendment to a major conditional use, subject to the
21 standards and procedures set forth in chapter 110, article 111. These standards include the use is
22 limited in intensity, floor area, density and to the type of use that existed on January 4, 1996,
23 or limited to the permitted uses and/or the provisions for minor or major conditional uses
24 allowed in the pre-1996 LDRs for this district, whichever is more restrictive.
25
26 The new issue to which the Applicant is referring, is the Applicant's intention to expand the
27 nonresidential intensity by means of enclosing the ground floor of the existing office building. In
28 order to allow an expansion of the nonresidential use, the Property's FLUM category and land use
29 designation would need to be amended to a category and district that would allow the proposed
30 increase in floor area.
31
32 5. Recognition of a need for additional detail or comprehensiveness;
33
34 Per the Applicant: "No Change"
35
36 6. Data updates; or
37
38 Per the Applicant: "No Change"
39
40 7. Consistency with the Comprehensive Plan and the principles for guiding development as
41 defined in Section 380.0552, Florida Statutes.
42
43 As described throughout this report, staff finds the proposed map amendment consistent with the
44 Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
45 Florida Statutes.
46
BOCC SR 03.20.2024 Page 13 of 16
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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 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
7 the principles for guiding development and any amendments to the principles, the principles shall be
8 construed as a whole and no specific provision shall be construed or applied in isolation from the
9 other provisions.
10
11 (a) Strengthening local government capabilities for managing land use and development so that
12 local government is able to achieve these objectives without continuing the area of critical
13 state concern designation.
14 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
15 seagrass beds, wetlands, fish and wildlife, and their habitat.
16 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
17 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
18 beaches, wildlife, and their habitat.
19 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
20 economic development.
21 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
22 Keys.
23 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
24 environment, and ensuring that development is compatible with the unique historic character
25 of the Florida Keys.
26 (g) Protecting the historical heritage of the Florida Keys.
27 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
28 proposed major public investments, including:
29 1. The Florida Keys Aqueduct and water supply facilities;
30 2. Sewage collection, treatment, and disposal facilities;
31 3. Solid waste treatment, collection, and disposal facilities;
32 4. Key West Naval Air Station and other military facilities;
33 5. Transportation facilities;
34 6. Federal parks, wildlife refuges, and marine sanctuaries;
35 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
36 properties;
37 8. City electric service and the Florida Keys Electric Co-op; and
38 9. Other utilities, as appropriate.
39 (i) Protecting and improving water quality by providing for the construction, operation,
40 maintenance, and replacement of stormwater management facilities; central sewage
41 collection; treatment and disposal facilities; and the installation and proper operation and
42 maintenance of onsite sewage treatment and disposal systems.
43 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
44 operation of wastewater management facilities that meet the requirements of ss.
45 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
46 central wastewater treatment facilities through permit allocation systems.
BOCC SR 03.20.2024 Page 14 of 16
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2603
I (k) Limiting the adverse impacts of public investments on the environmental resources of the
2 Florida Keys.
3 (1) Making available adequate affordable housing for all sectors of the population of the Florida
4 Keys.
5 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
6 a natural or manmade disaster and for a postdisaster reconstruction plan.
7 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
8 maintaining the Florida Keys as a unique Florida resource.
9
10 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
11 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
12
13 E. In no event shall an amendment be approved which will result in an adverse change in
14 community character to the sub-area which a proposed amendment affects or to any area in
15 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
16
17 The proposed Future Land Use Map amendment is not anticipated to result in an adverse change the
18 community character of the surrounding area of the Property as the Property has contained a
19 nonresidential use for almost 40 years.
20
21 V. PROCESS
22
23 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
24 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
25 to file an application with the Planning Director accompanied by a nonrefundable application fee as
26 established from time to time by the BOCC to defray the actual cost of processing the application. After
27 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
28 with a recommendation of approval or denial to the Development Review Committee for review and
29 comment. Staff shall make a recommendation to the Planning Commission.
30
31 The Planning Commission shall review the application, the reports and recommendations of the
32 Planning and Environmental Resources Department, the comments of the Development Review
33 Committee, and the testimony given at the public hearing, and shall submit its recommendations and
34 findings to the BOCC.
35
36 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
37 Environmental Resources Department staff, and the testimony given at the public hearings.
38
39 VII. STAFF RECOMMENDATION
40
41 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
42 Mixed Use/Commercial(MC) for property located at 103301 Overseas Highway, Key Largo.
43
44 VIII. EXHIBITS
45 1. 11"X 17"Map Series FLUM Amendment
46 2. Development Review Committee Resolution No. DRC 13-23
BOCC SR 03.20.2024 Page 15 of 16
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2604
1 3. Planning Commission Resolution No. P31-23
2 4. Transmittal BOCC Resolution 495-2023
3 5. Draft Ordinance
4
BOCC SR 03.20.2024 Page 16 of 16
File 2023-081
2605
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3 MONROE COUNTY,„ FLORIDA
4. DEVELOPMENT REVIEW COMMITTEE
5 RESOLUTION NO. DRC -23
6
7 A RESOLUTION BY °]TIE: DEVELOPMENT REVIEW
8 COMMITTEE TTEa EC O .E<N. ING APPROVAL OF AN
9 ORDINANCE Y THE MONROE COUNTY BOARD D OF COUNTY
10 COMMISSIONERS AME NDING THE MONROE COUNTY
11 FUTURE LAND USE; MAP FROM RESIDENTIAL MEDIUM (.
12 TO MIXED USE/ COMMERCIAL (MC) FOR PROPERTY
RTY
13 LOCATED AT 103301 OVERSEAS HIGHWAY, KEY LARGO,
14 MILE MARKER 103, HAVING PARCEL L IDENTIFICATION
15 NUMBER 00 72 I. - 00000;AS PROPOSED D IN HOLDINGS
96 1-03301., LLC PROVIDING FOR SEV BILITY; PROVIDING
17 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
18 FOR TRANSMITTAL TO THE STATE LAND PLAN.NINI..�
19 AGENCY AND THE SECRETARY AIRY STATE; PROVIDING FOR
20 AMENDMENT TO THE LAND USE DISTRICT T (ZONING) MAP;
21 PROVIDING FOR AN EFFECTIVE DATE (FILE 2 2 - 1)
22
23
24 tititititi �
25 WHEREAS,on February 3, 2023,the Planning and Environmental Resources Department
26 received an application from Irwin Holdings 103301,LLC; (the 46A.pplicant")to amend the Monroe
27 County Future ]Land Use Map (F'EUM) from Residential Medium (RM) to Mixed Use/
28 Commercial (MC) for property located at .103301 Overseas Highway, Key barge(the"Property");
29 and
30 WHEREAS, the Applicant has also requested a corresponding Land Use District (LUD)
31 map amendment for the subject property from Improved Subdivision-Masonry (I ... ) to Mixed
32 Use (MU); and
33
34 WHEREAS,, the Monroe County Devclopmept Review Committee ( RQ considered the
35 proposed map amendments at a regularly scheduled meeting held on the 271n day of June 2023,
36 and
37 WHEREAS, the Memorandum dated June 15, 2023 completed by Kevin To.lpin, AICP,
38 C'.]FM, Principal ]Planner and Cheryl Cioffari, AIC°1P, Assistant Director o1 Planning, recommends
39 approval of the proposed Future ]Land Use Map amendment; and
40
41 WHEREAS, based upon the information and documentation submitted, the Development
42 Review Committee Chair found:
Resolution No, DRC 13,23
File 2023-09 b Page U of 2
00
C)
W
C14
1 14 The proposed FLUM amendment is not anticipated to adversely impact the community
2 character of the surrounding area;
3 2. The proposed FLUM amendment is not anticipated to adversely impact the
4 Comprehensive Plan adopted Level of Service (LOS);
5 3. 'rhe proposed FLUM amendment is consistent with the Goals, Objectives and Policies
6 of the Monroe County Year 2030 Comprehensive Plan;
7 4. The proposed FLUM amendment is consistent with the Key Largo Livable
8 CommuniKeys Plan;
9 5. The proposed FLUM amendment is consistent with the Principles for Guiding
10 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
I I and
12 6. The proposed FLUM amendment is consistent with Part II of Chapter 163, Florida
13 Statutes (F.S.).
14
15 NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
16 COMMITTEE OF ON DE COUNTY,FLORIDA that the information provided in the staff
17 report and discussed at the June 27, 2023 meeting supports the Chair's decision to recommend
18 approval to the Planning Commission and Board of County Commissioners.
19
20 41
21 Date
—--——----------------------- .......................... ....... .................
22 Emily Schemper, AICP, CFM
23 Senior Director of Planning & Environmental Resources
24
25 1 HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
26 and in the County aforesaid, to take acknowledgments, personally appeared Emily Schemper, to
27 me known to be the person described in and who executed the foregoing instrument and she
28 acknowledged before me the she executed the same,
29
30 WITNESS my hand and official seal in the County and State last aforesaid this �19 day of
31 2023.
32
33 NOTARY PUBLIC STAT' )F FLORIDA
I
"g,
11LZE GUILA
Notary Pubk,A state of Mrida
Crynm4flon#HH 030716
my Comm.Exp4vs Oct 31,2024
Bonded through NadoiW Notary Assn.
Resolution No. DRC 13 23
File 2023 031 Page 2 of 2
2
MONROE COUNTY, FLORIDA
t 1' ONITOE COUNTY PLANNING COMMISSION ION I7Ir,StIDLUT"ION NO. P 1-2;
6 A RESOLUTION BY °TUE MONIdOE COUNTY PLANNING
6 COMMISSION RECOMMENDING ME".NTDING I''I"ItCDVAL OF AN
8 ORDINANCE AMENDING THE Ctb° ONROE COUNTY FUTURE
9 LAND [Isle MAP FIECDM RESIDENTIAL MEDIUM (RM) TO
10 `IENENID USE/C"CDMMERC"IAA, (MC), FOR PROPER] LOCATED
D
I I AT I.03301 OVERSEAS AS 1-1IC;1HW Y,KEY LARGO, APPROXIMATE
12 MILE; MARKER 103, C:"UR IE;NT ,)� HAVING T'ITCDE'"E RIA'
13 II)ENTIII"IBC"ATION NUMBER 004 2810_IN0CI000, AS PROPOSED BY
14 IRWIN HOLDINGS 103301, LI,(," PROVIDING FOR
15 SEVE;RABILITY; PROVIDING FOR REPEAL OF CONFLICTING
16 PROVISIONS PROVIDING FOR°T'I~I N MI ITAL TO THE "1" "C"u'
17 LAND PLANNING AGENCV AND 111E SECRETARY OF STATE;
18 PROVIDING FOR AMENDMENT TO THE I$I1"I"1ARE LAND USE
19 MAP; PROVIDING FOR AN EFFECTIVE DATE .
20
2,1
22 WHEREAS, on Fcbraraar.Y .3, 2023, the Monroe County Plarining and E► virea►a►aae maul
23 ReSOUNCS Department aart► ent received an. application. from Irwin Flealclings 103301„ 1,1.,C:' (they
24 "Applicant") to amend tire Monroe~ Ccru►aty Future Larael (-.)se Map ("FU..,1M„) 1"reams Residential
2.5 Me irlu-aa ("R.M ",) to Mixed >1..se/ Commercial (-M(1") for proplerty located at 103301 (),verseas
26 1li l way, Key Largo (the -property"); and
7
28 WHEREAS,tire: Applicant has also requested as corresponding [.,and Use District ("1.,11 )")
29 Map ameaaelraae nt for the subject Property li•erraa Iraalarove dSubdivision-Masonry ("IS- 1") to Mixed
11) 1 wse ("'MU" and
1
32 WHEREAS,, the Idea►aroe: County Development Review Ci"omrraitteeu (` D C_-) considered
3 they proposed map aanae;►aelnrae nts at a regularly scheduled ineeting, held on Junes 27, 023—, acid
:rist
35 WHEREAS, on June 2 ,, 2023, the Chair of the l tRC:` signed d Resolution solution Nos. DR(' 1 m7
36 and DRC'" 1 3-° 3. recommending I'E'R(:DVAL of the prc)1'aosed aa.aae►aclraae►at to (lie Land 1 1se
37 District Map and FLIture (,and Use Map to the: Planning Co►rar fission arid Board calve C."e:U1`ny
38 Ccarnmissiea►aedrs. areal
9 WHEREAS,, on June 27, 202, 1, the Applicant held ar corraaaraumIty nrraetirr a�; required by
40 Mca►.a►eaeu C'OUntyr Land Development C"cade (-1..DC—' or "Code") Section 107-158(aa) to discuss the
" Monroe(:rrmq► 'Plaaranin and Cnvr ironrraeantat Resaoamrces Depaea-aanent f"H o ;2"C123-081.
1 cat'3
2609
I proposed FLUNI arnenchrient aancl the corresponding Land Use District Map ailiendment, and
2 provide for public articipation; and
P
3
4 WHUIREAS, the Memorandurn elated July 20. 202.3 conipleted by principal Planner Devin
5 Tolpin, A.I.C.P., C.F.M., and Assistant Director of Planning Cheryl Cioffari,
6 recommends approval of the proposed Future Land I Ise Map aniendt'nent, and
7
8 WHEREAS, the Nlonr0e ('ounty Planning Commission (**Planning (_'ommission-) held as
9 pu hl ic hearing on the 23"° da,v of AU&'Ust, 202 3, for review and recon,imendation on the proposed
10 Fl-JJM amendment: anti
I t WHEREAS, based upon the, infiorniation and docurnent,ation submitted, the Planning
12 ('0111111iSSiOu R)LInd:
t3
114 1. Hie Proposed l"LUM amendment is not anticipated to adve'i sely impact the corn I'll U r1ity
15 character of the SUrML[nding area;
16 2 The proposed 1-TAIM amendment is not anticipated to adversely irnpact the
17 Comprehensive Plan adopted Level of Service (JA.)S");
18 3. The proposed ITtAll amendinent is consistent with the Goals. Ob�jectives aid Policies
19 of the Monroe ("taunt y Fear 2030 Comprehensive Plan;
2,0 4 fhe proposed FLfw M. amendment is consistent with the Key Largo Livable
21 ('ornrnuni Keys Plam,
22 5, The proposed H-UN4 aniendment is consistent with tile Principles fior Guiding,
23 L)evelopmenr for the 11orida Keys Area, Vha- Stal. § 380.0552(7), and
24 6 r11b, proposed l"1.,11N4 amendment is consistent Nvith Part 11 ol' Chapter 163. 1"lorida
25 statutes.
26
27 NOW 'I'll EREFORE, BE rr RESOLVED BY TI4F PL,ANINING COMMISSION OF
29 MONROE COUNTY, FLORIDA:
29
30 Section M. Recitals. "I'lie foregoing recitals, findings of flact, and conclusions ofktv are
31 true and correct and are hereby incorporated as if fully set forth herein, arid the record of this
32 prOceeding is, hereby incorporated as if"fully stated herein.
33
34 Section 2. They onroe County Planning Commission has duly, considered the entirety
35 ofthe record before it.
-6
37 Section 3. The Monroe ounty Planning ("onitnission, concurs with the detailed
38 recornmendation(s), findings and conclusions offilct and law ofthe Monroe County Planning and
3 1"Invironmental ReSOL[rccs Departnictit's professional staff, inClUding but not limited to the
40 test itnon ial and documentary findings, arid conclusions of fact and law of the Department's,
41 testifying prot'essional staff and the Department's professional staff report, and adopts these as
42 additional findings of fact and conclusions oflaw, ol*flie Planning (7ornmission"s own.
43
44 Section 4. Following considered revie%v of" the full record before it. based Upon
45 competent SUbstantial evidence in the recc)rd. more particularly rcfierenced above in the foregoing
46 prefatory and operative recitals, prefiltory and operative findings of fact, and prefatory and
20 3
2610
I operative conclusions of law, all detailing said eN[idencc, the Monroe County 11hanning
2 (,ornrnission hereby recomiriends APPROVAL of. the proposed 11-UM Aniendment to the
3 Monroe, County Board of'County Commissioners.
4
5 Section 5. Construction and Interpretation!. This Resolution and its interpretatlon
6 shall be liberally construed in favor of the Monroe County Planning C01111nission and Monroe
7 ("ounty Board Of COLInty COLYInlissioners ('130(11 1 C") and Stich interpretation shall be entitled to
8 great weight in adversarial administrative proceedings, at trial. on ap p cal, and in any/all
9 bankruptcy proceedii!,igs. 'I'lle interpretation of Monroe County Cornprehensive Plan pr,ovision(s),
10 Florida BUilding Code, I'lorida Statutes, and, Monroe ounty Code(s) provision(s) whose
I I interpretation arises out of', relates to, or is, interpreted in connection with this Resolution shall be
12 liberally construed and enforced in ["avor ofthe Monroe County Planning Cornmission and 130(''C
13 and such interpretation shall be entitled to great weight in adversarial administrative proceedings.
14 at trial, on appeal, and in bankruptcy proceedings.
15
16 Section 6. Captions and Paragraph Headings. Captions and paragi-aph headings,
17 where Used herein, are inserted l"or convenience only and are not intended to descriptively finlit
t8 the scope and intent ofthe particular Paragraph or text to which they refer.
19
20 PASSED AND ADorrED BY THE PLANNING COMMISSION of`Monroe COU'Llty,
21 Florida, at a regular inecting held on the 23rd day of*August, 2023.
22
23 Joe Scarpelli, Chair Y S
24 Ron Denies, Vice Chair E S
25 George Neugent, Commissioner Y 1"'s-
26 Rosemary 1,'hornas, ommissi()ner Y11's
27 David Ritz, Commissioner Y11s
28
29 ICI. ANNINC C',OMMISSION OF MONROE, COUYUY, FLORIDA
30
31 BY: 61
32 Monroc lotlynt , Ia`IAI;I(-I Joe Scarpelli
11
-)3
34 Signed thisZIJI .-I day 2023
15
36 UE AGUR-A
state o0f Florida
17 Notary Pubh,c
Comrj�jsion RH 050716
My Comm,,Expels 31,2024 'A OF ILOR I DA
3ttNotar�AsM NO 'ARY I 131-IC, STAIT
ded through sat,anal Notar�Assn�
39 Eonml g
40 Monroe County Planning Commission COULISc" F11,..E—D WITH "rHE
4� JVVed A s To l'0 rn,
42
43
44 (1 Y( i'j, W o I f V, Es q A UG 2 3 20,23
45 Date:
AGEIN C"'Y CLERK
3 of 3
2611
2 � r
3 r�
5
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. 495 -2023
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
14 AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF
15 COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
16 FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO
17 MIXED USE/ COMMERCIAL (MC) FOR PROPERTY LOCATED AT
18 103301 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 103,
19 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER
20 00472810-000000; AS PROPOSED BY IRWIN HOLDINGS 103301, LLC;
21 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
22 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
23 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE
25 MAP; PROVIDING FOR AN EFFECTIVE DATE.'
26
27 ---------------------------------------------------------------------------------------------------------------------
28
29 WHEREAS, the Monroe County Board of County Commissioners conducted a public
30 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
31 Process in Section 163.3184(4),Florida Statutes,to the State Land Planning Agency for objections,
32 recommendations and comments, and to the other Reviewing Agencies as defined in
33 Section 163.3184(1)(c), Florida Statutes,for review and comment on a proposed amendment to the
34 Monroe County Comprehensive Plan as described above; and
35
36 WHEREAS,the Monroe County Board of County Commissioners supports the transmittal
37 of the requested Future Land Use Map amendment;
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. The Board of County Commissioners does hereby approve the transmittal of the
43 draft ordinance, attached as Exhibit A.,for review of the proposed Future Land Use
44 Map amendment.
45
1 Monroe County Planning and Environmental Resources Department File No.2023-081.
Resolution 495-2023 Page 1 of 2
BOCC Transmittal:File 2023-081
2612
46 Section 2. The Board of County Commissioners does hereby transmit the proposed
47 amendment to the State Land Planning Agency for review and comment in
48 accordance with the State Coordinated Review process pursuant to Section
49 163.3184(4), Florida Statutes.
50
51 Section 3. The Monroe County staff is given authority to prepare and submit the required
52 transmittal letter and supporting documents for the proposed amendment in
53 accordance with the requirements of Section 163.3184(4), Florida Statutes.
54
55 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
56 resolution to the Director of Planning.
57
58 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
59 Florida, at a regular meeting held on the 181h day of October, 2023.
60
61 Mayor Craig Cates Yes
62 Mayor Pro Tem Holly Merrill Raschein Yes
63 Commissioner Michelle Lincoln Yes
64 Commissioner James Scholl Yes
65 Commissioner David Rice Yes
66
67
68
69 BOARD OF CO TY COMMISSIONERS
70 OF MONRO LINTY F RIDA
71
72 r r' By:
73r d ay r rai Cates
74
75 } MONROE COUNTY ATTORNEY
77 MADOK, CLERK Clate: �Zs
78 ���
79
80 4DEPUTYYCLER&
81 r-
CD Ci
a -TI
.. CD
EV
C;RS ''ate
Resolution 495-2023 Page 2 of 2
BOCC Transmittal:File 2023-081
2613
Exhibit A to Resolution 495-2023
1
2
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2023
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING THE MONROE
14 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL
15 MEDIUM (RM) TO MIXED USE/ COMMERCIAL (MC) FOR
16 PROPERTY LOCATED AT 103301 OVERSEAS HIGHWAY, KEY
17 LARGO, MILE MARKER 103, HAVING PARCEL
18 IDENTIFICATION NUMBER 00472810-000000; AS PROPOSED
19 BY IRWIN HOLDINGS 103301, LLC; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
22 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
23 STATE; PROVIDING FOR AMENDMENT TO THE FUTURE
24 LAND USE MAP; PROVIDING FOR AN EFFECTIVE
25 DATE (FILE 2023-081)
26
27
28 WHEREAS, on February 3, 2023, the Planning and Environmental Resources
29 Department received an application from Irwin Holdings 103301, LLC (the "Applicant") to
30 amend the Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to
31 Mixed Use/ Commercial (MC) for property located at 103301 Overseas Highway, Key Largo
32 (the "Property"); and
33
34 WHEREAS, the Applicant has also requested a corresponding Land Use District (LUD)
35 Map amendment for the subject property from Improved Subdivision-Masonry (IS-M) to Mixed
36 Use (MU); and
37
38 WHEREAS, on June 27, 2023, the Applicant held a community meeting, as required by
39 Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss the
40 proposed FLUM amendment and the corresponding Land Use District Map amendment, and
41 provide for public participation; and
42
43 WHEREAS, the Monroe County Development Review Committee (DRC) considered
44 the proposed map amendments at a regularly scheduled meeting held on June 27, 2023; and
45
2614
I WHEREAS, on June 29, 2023, the Chair of the DRC signed Resolution Nos. DRC 12-23
2 and DRC 13-23, recommending APPROVAL of the proposed amendments to the Land Use
3 District Map and Future Land Use Map to the Planning Commission and Board of County
4 Commissioners; and
5 WHEREAS, at a regularly scheduled meeting held on August 23, 2023, the Monroe
6 County Planning Commission held a public hearing for the purpose of considering the proposed
7 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan
8 and the proposed Zoning map amendment for the Property, and provided for public comment;
9 and
10
11 WHEREAS, the Monroe County Planning Commission adopted Resolution Nos. P30-23
12 and P31-23 recommending APPROVAL of the proposed amendments to the Land Use District
13 Map and Future Land Use Map to the Board of County Commissioners; and
14
15 WHEREAS, at a regular meeting held on the 18th day of October, 2023, the Monroe
16 County Board of County Commissioners held a public hearing to consider the transmittal of the
17 proposed amendment, considered the staff report and provided for public comment and public
18 participation in accordance with the requirements of state law and the procedures adopted for
19 public participation in the planning process; and
20
21 WHEREAS, at the October 18, 2023, public hearing, the BOCC adopted Resolution No.
22 -2023, transmitting the amendment to the State Land Planning Agency; and
23
24 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
25 received its Objections, Recommendations and Comments (ORC) report on ;
26 and
27
28 WHEREAS,the ORC report ; and
29
30 WHEREAS, in response to the ORC report,
31 ; and
32
33 WHEREAS, at a regularly scheduled meeting on the day of the
34 BOCC held a public hearing to consider adoption of the proposed FLUM amendment;
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
37 COUNTY COMMISSIONERS:
38
39 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is
40 amended as follows:
41
42 The property located at 103301 Overseas Highway, Key Largo, is changed from
43 Residential Medium (RM)to Mixed Use/ Commercial (MC) as shown on Exhibit
44 1, attached hereto and incorporated herein.
45
Ord.No. -2023
File 2023-081 Page 2 of 3
2615
I Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
2 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
3 validity.
4
5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
6 with this ordinance are hereby repealed to the extent of said conflict.
7
8 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
9 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
10
11 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
12 secretary of the State of Florida but shall not become effective until a notice is issued by the
13 State Land Planning Agency or Administration Commission finding the amendment in
14 compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida
15 Statutes.
16
17 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
18 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
19 Map.
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
22 Florida, at a regular meeting held on the day of
23
24
25 Mayor Craig Cates
26 Mayor Pro Tem Holly Merrill Raschein
27 Commissioner Michelle Lincoln
28 Commissioner James Scholl
29 Commissioner David Rice
30
31
32 BOARD OF COUNTY COMMISSIONERS
33 OF MONROE COUNTY, FLORIDA
34
35 By:
36 MAYOR CRAIG CATES
37
38 (SEAL)
39
40 ATTEST: KEVIN MADOK, CLERK
41
42
43 AS DEPUTY CLERK
Ord.No. -2023
File 2023-081 Page 3 of 3
2616
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KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3905441
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, September 30,2023
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 2nd day of October 2023
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
m�
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2618
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KEY WEST CITY HALL 01 III IIIIB IIIIIII IIIBI lllo
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aslstivelLrtevlog de' aesfals lvacceslble(omnc �0399�- MMIRV,S ' October 122023 et9.00 AM
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city
Commisrloo Chambers,City Hell,1300 V✓hlte SheeS Key West L150v,II ctllrtss
NOTICE OF CLOSED ATTORNEY/CLIENT SESSION
OF THE CITY OF KEY WEST CITY COMMISSION CAROLINCSPREET CORRIDOR AND BARAMAYILLAGCCCRA) In this Wednesday,Nov.27,2036,file photo,a Btightline
passenger train Passes by in Oakland Park,Fla.Florida's
ocrober 12,2023,lmmedl0t0ty following HER,city Go...tIoo meetlog,as high-speed passenger train service suffered the first fatality
Pursuant to Florida Statute Sec 286.011(8),the Key West too-FIT,ICT,ads,oo Neageoda. on its new extension between West Palm Beach and Orlando
City Commission will hold a dosed attorney/dient session BOARD oaADJDSymeNTCBOA) on Thursday,Sept 28 when a pedestrian was struck.
ung at 3:00 p.m.on Thursday,October 12,2023 in
City Hall located at 1300 White Street,EST Hoot Conference ocrober 1n 2023,Immedlarely following Ne caA meetlog.t000 as Ne High-speed rain
Room,Key West,FL 33040.The purpose of the session is to etrec cruet oo Ne agenda.
discuss litigation styled:Flarborside,LLC v.City of Key West, m s� 1 s�Case NO.2023-%-SSO-K;Barry Kriegel v.City of Key West ff My vI reme arenoecomplmeA on meaame day,me.mceung wBl be headed �O Orlando
and Santa Maria Resort Condominium Management,LLC, xesaedontil s:oop.m.mefouow:n8aayorineaameaayaameeaaemay v �dlled �d
Case No.2020-CA-707-K Dominic Makwarawanda v.City of E` fatally
11 strikes
1�q�r
Key West,Case No.2022-CA-248-K;Kathleen Ruth and Jam ADAA XeD.,,It h FIT, Icy of Ne City of ltey wen ro comply wc,ell fatally Strikes
Ruth v.City of Key West and State Farm Mutual Automobile D'D'Meo¢of Ne Ammlcaos wc,D-IMIMes AR Please cell Ne TTY s/
Insurance Company,Case No.2022-CA489-K.The meeting vmbu et 1GO 9551171 oc 1009551110(volt)oc 1he ADA GRMdmet,,, pedestrian
f A A
shall r be confined to settlement negotiations and strategy at 305 809-3811 et Ices[five bus-mars days to edveoce mr s,go leoguege ■��+ �+C��'7 an
discussions.The only personspecmittedmatteud the dosed mteryreteas,arslstivellstemog aevl ,or maredalsmamessmleformat �/V VAJ 1
session are embers of the City Commission,City Manager POrsvaot to ES.286.0105,oM c,4 glue.that If,person derider to appeal BY THE ASSOCIATED PRESS linghttic,Cpened its exten-
Albeet Childress,City Attorney Ronald Ramsingh,Assistant Rey aeasmo made by Ne commhsI o cIFIe,enm aeyRCt considered letting Miami z IT
City Attorneys Nicholas Trovato and Eric Nordbadc,and a tsvul meetlog orheadog Natpersoowm oeeda record ofthepmceedmgs, FORT PIERCE, }la. - OrlandC oil}ridgy,though tfhe
court otter. and NeS(ormch puhp ase,Netperso mey It,dI,o re Net verbetlm }ICrida's high-speed pas - celebmtlon htn .rued when
reP tom of FIT,A, eedm,,h made,whkn record I.Rder Ne IF ooy Red scn s n r
evlde ,,Rowhlch Neappeal 4 1r,bared. gar train service suffered the apedesbian wa,t ck by It",first famliry on its new eaten- C(it,,c mparly's trains-Ca-
n to Orlando on Thursday tying c inters from least
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS �Phen a pede ian Was-Eck palm Beacn m Miami.
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING h what appears to he a sw- Brigham,trains ha,c had
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN Rode,officials said.overall,it the highest death rate In the
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE tasB ea rightines9911,dth u.S.sinreitSMiami-W-Pale,
NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP lnce it began Cp TaRe",ex Cpermmnsnegan-anCntCne
NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING)MAP ` a R I t r ,er1 I2 DDD nes
A tnnCn I Brigntine (31,300 I T met )it,t tine
OCTOBER IBM train headed iC CHI de travel,according to an CngC-
NOTICE IS HEREBY GIVEN th-,ReLte-,,,Omobe,ING M,the Momre Couny Boats m County Goan iomrswill hold a Public Meet,lp,beg.u,NR9:00AM.The BOCC 't 'k the 25-year Old man g l':Tciatedl tnalysis-
etingwillbeheld,,hybridHUn allowing the publicto rstenb eitherNa Zoom WebIle,o,,,person The In p,-,meeting will be held at the Ma,ethen Gwe,mrem CenkR shCrty befe"9a.m. of federal data that hegan I,
_trd n-Overseas HigMy,M-finn,R.Themllmvirlq Items will be G,,dereI at the PUB TIC X FARING: the Atlantic Coast city of FCrt 2019.The next-WCrs't ma]Cr
PUBLIC HEARINGS:09AO AM(e,esmon thr-or,as mey I,leeuq: Pierce,St Lucie County Sheriff mil road has a fatality every
ANORDINANCEBY iXE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USEMAPFROM Residential Meblum(RM)TO Ken Mascam said at a news' 130,000miles.
Mixed Use/TOM
MERCIALIMC),FOR PROPERTY LOCATED AT 1(3Gfi6,103G66,103G46,103935 and 103925 OVERSEAS HIGHWAY,KEY LARGO,APPROXIMATELY MILE MARKER 104, cOnfemnce.He said the man NCne of the previous
WITH OFECEL IDENTIFICATION NUMBER111415240000000;0047625 000000;00475260-000000;004I620000000 and 00475280000000;AS PROPOSED BYAbii Holdings,LLC as homeless-and a I deaths'have been found to
PROVIDING FOR SPJERABILIIY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FORTRNNSMIIIAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY ppearer
OFSTATE;PROVIDING FOR INCLUSION INTHEMONDE COUNTYCOMPREHENSIVE PLAN AND FORAMENDMENTTO THE FUTURE LANDUSE MAP PRONDINGFORAN EFFECTIVE DATE. to have intention ally stepped be E[ighti I,,fault-mes't
(ELL:M1a-0'La)SEE MAP I BELOW in front of the tiain. hate been irides.drt,,c
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY COMPREHENSIVE PLAN,ESTABLISHING GOAL 112,OBJECTIVE Ertghdine's-trains'Havel up Whe PC around cros-s-ing gates
1121 POLICY 1121.1 OBJECTIVE 112 2 AND POLICY 11221 TO CREATE SITESHECIFIC DEVELOPMENT STANDARDS,DEVIATIONS AND EXEMPTIONS FOR OCEAN FFEF AS in 79 m I than auras 110 I raps'[urchin
PROPO SED BY SMITH HAWKS PL,ON BEHALF O F OCEAN REEF CLUB,ING AND OCEAN REEF CON MUNIIVASSOCIATON,ING.;PROVIDING FD R SEVEWIL17 PROVIDING FOR RE PEAL Phmu Cr pares gacross
OF CONFLICTING PROVISIONS;PROVIDING FOR RANSMITTALTOTHE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE PROVIDING FOR INCLUSION IN THE MONROE mph in les'spapelatedregiuns' backs'.
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE(FILE 2019-142) and 123 mph through central E[tghtl(ne has taken Yeps its
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AM WING MONROE COUNTY CODE TO MEND SECTION 130-141 TO CREATE THE OCEAN IRCrtda's farmland.It is' ,,, 1,ad,,FIS..enELIcesafety,
REEF OVEFLAY DISTRICT AN D ESTABLISH A PURPOSE AND INTENT,BOUNDARY,EXEMPTIONS FOR NONCONFORMING USES AND STRUCTURES,EXEMPTIONS FROM D%OPMENT ImCvvn hCvv fas[this'LYain Was includin II I I
STANDARDS ESTABLISHED WITHIN CHAPTER 114,AND MODIFICCLONSTO SETBACKS FORACCESSORY STRUCTIIRESAS PROPOSED BY SMITWHAWKS PL ON BEHALF OF OCEAN REEF g ar r ing c Cs'er-cir-
CLUB,ING.PROVIDING FOR SEVERELARY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING WRTBANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE traveling,Mascara said. ceit c. . n ar tracks',
SECRETARYOFSTATE PROVIDING FOR INCWSION IN THE MONROE COUNTY CODE PROVIDING FOR AN EFFECTIVE DATE.CLE2019-025) Eright1m, Official, did ic,tallmgl Etter 'rig gates
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MEN DING THE MONROE COUNTY AND USE DISTRICT(ZONING)MAP TO APPLY THE OCEAN nCt immediately respond to and pedesbian III I,,,,and
REEF OVERLAY DISTRICT FOR PROPERTIES LOCATED AT 111 ANCHOR DRIVE 30 OCEAN FFEFDRIVE OO ANDROS ROAD,111 ANDROS ROAD,BEACH ROAD,OOFAN REEF DIVE,301 nails'and phone calls-seek- p'WJHgsignage thatincludes
OCEAN FFEF DF1VE,650 BEACH ROAD,314 ANcuon DRIVE DOCKSIDE LANE 31 OCEAN REEF DF1VE,2 DOCKSIDE DF1VE,396 S HARBOR DRIVE,too COUNTRY CWB R OAK,120
NIF.VAINALANE 100 NIFVANALAIJE 314AIJCHOR DRIVE TORCHWOOD LANE KEY LARGO,MONROE COUNTY,FLORIDA HAVING PARCEL IDENTIFICATION NUMBERS 0 ,72]O]-003fi00, ing cOmmenL the suitidepmventlon hotline.
00569482 000000,00081780 000300,006I0460-000000,OO6fiG610-000000,OO6fiG600-000000,OO6fiG4]0-000100,OO6fiG4G0-000000,OO6fiG4]0-000000,OO6fi G430-000000,
005fi9432-000000,00031I30-000300,00031Ifi0-000100,00031Ifi0-000000,00031330-000100,00031Ifi0-000200,00031740-000500,00031I20-000000,III 31I10-000000,
AND 00572797003800 AS PROPOSED OCEAN REEF CLUB ING,YAGHTSMAN INN LAND LLCM OR BUSINESS CENTER LLCM GOLF MANOR IA CONDOMINIUM AND RACQUET CLUB AT NOTICE OF MEETING
OCEAN REEF INC.;PROVIDING FOR SEVEREARIIN;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRNNSMITTALTO THE STATE LAND PLANNING AGENCY
AND THE SECFETARY OF STATE PROVIDING FORAMENDMENTTO THE LAND USE DISTRICT(ZONING)MAP PROVIDING FORAN EFFECTIVE DATE.(FILE 2020-033)SEE MAP 2 BELOW
LOW FLOW PLUMBERS MEETING
AN ORDINANCE BY iXE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL Thursday,October 5,2023 W 7:30 a.m.
MEDIUM ON)TO MIXED USE/COMMERCIAL N9 FORPROPERTY LO ORED AT 103301 OVERSEAS HIGHWAY,KEY LARGO,WING PARCEL IDENTIFICATION NUMBER 00472810-000 0 00
AS PROPOSED BY IIM SAUNDERS ON BEHALF OF IRWIN HOLDINGS 103301,FLC,PROVIDING FOR IN LIABILITY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING City Commission Chambers
FORTRNJSMITTALTOTHESTATEUWDPLANNINGAGENCYANDTHESECFFTARYOFSTATE PROVIDING FORAMENDM ENT TO THE FUTURE LAND USE MAP DESIGNATION(RDM)MAP 1300 While Street,Key West FL 33040
PROVIDING FOR AN EFFECTIVE DATE.(FILE 2023 081)SEE AMP 3 BELOW
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION AND BACKGROUND,AND GLOSSARY OF THE MONROE COUNTY Th a City seeks input from plu mbers on upholding new mandatory
2030 COMPREHENSIVE PLAIN TO CLARFYTHE CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAIN TO DEVELOPMENT TO CLARIFY THE GENERAL IOW tIOW hXlnm Ordinances t0r residential and commercial
AND DEFINED TERMS SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS WITH THE MONROE COUNTY CODE(S);PROVIDING FOR SEWWIL17 PROVIDING FOR REPEAL
OFCONFLICTING PROMSI ON,
;PROVIDING FORTRNNSMITTALTOTHE STATE LAND PLANNINGAGENCYANDTHE SECFFTARYOFSTATE PROVIDING FORINCWSION INTHEMONROE remodels and new construction. The Members Of the City
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE(FILE 2023-127) Commission may be in attendance.
MAP1 MAP2
ADA Assistance:It is the policy of the City of Key West to comply
l LT1M reau,lecerc ru With all requirements of the Americans with Disabilities Act(ADA).
' RM Co MC ,,.,„, c r r1TI Please Call the I IY number at 800-9b5-8111 or 800-9b5-8110
/ p ,r0'` '�f (Voice)or the ADA Coordinator at 305-809-3811 at least five
business days in advance for sign language interpreters,assistive
listening devices,ormatenals in accessible format
AH F )\e
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NOTICE OF B LIC MEETING
A KEYS K�, YS AQUEDUCT
MM"eM " '°° AUTHORITY
RMP 3 V.•LL.••.--
FLONDA KEYSAQUEDUCTAUTHORITY
1100 Kennedy Drive
Key West,Florida 33040
/�� i i
// Wednesday,October11,2023
0y, Regular Meeting
11:00a.m.
The purpose of the Regular Meeting is for the Board to take
/ 1 1 action on routine business matters for the Authority and to
receive reports on operational aspects of the organization.
IF
3 All agendas and backup can be viewed on our web site Q
www9caa.com,or a copy of the Agenda,or any backup,is
MTh ao�r er available upon request from FKAA,Pam Alburg Director of
Plrasevrsntle Monroe roomy WebSReatwww..nmenoomv-n.ro.m,mwt rig agentla opnatesam mo,mat on mgartlingtle va,nosoploma.anablewme Robgmn Executive Department,1100 Kennedy Drive,Key West,FL
w me the treminganNo,m make AobRn nom�remson certemageNe Rem. 33040, -2205,pal(305)295buryCl&aa.com.
Puts bSsctan 1BE0105Horic9 SfatufaGifaperwnckctlesN appaalanytlscicon ci Me BwrticiCantyCommissonerG wiM renPectb anymattercnr:sitleretlatNe maeAng or
n�arIre,naor�au"u weaarecomorrnayaveem0oa anernat rorWcnrvrwsa Nora may0aearoaOWwaWreaem wWmmrnayavaamOoelemam,wnln wWmmuOeae ADA ASSISTANCE:If you are a person with a disability who
ma menmo0ya avaa0W 0w0 wmm�rN ayywuemeaeased needs special accommodations in order!a participate in
ADAASSySTANCF.liyvu amapersw withaLisahilkywlrorwalsspecialaccommo.1atiunsin ortlertoparticpatein(hispmtteLirg,pkasemrtact@eCourtyALminis(reto/s this proceeding,please contact the Florida Keys Aqueduct //�
OXice hyphonirg(J05J 393-000f,leMe 1.hours d8J0 a.m.-See A..,rro kter(han fie,eJ�lerMar Lays pnorto thesdefufel_hec;Ayou am hearing or voke Authority,byphoning(3t$)295-2205. 2619
impaiaM call"11f."
KEYS CITEKEN.WEEKEND EDITION,SEPTEMBER 30-1,2023 9A
Democratic Sen. Dianne McCarthy launches
last-ditch plan to keep
Feinstein of California government open but
� with steep 30% cuts to
dies at age 90 many agencies
BY THE ASSOCIATED PRESS ford er's...ity p,evisfuns
BYMARYCLAREJALONICK After Me,,c—'' death, rs-uffi,ient and urging his
AND MICHAEL R.BLOOD I rstc I" bccam" San WASHING ON—Heusc II g ies to"r [:rrendet'
The Associated Press Francisco's first female may Sp"rk", K" r McCarthy IT,federal g "nt
I tt5t I I II'Ia t I tI'tt I I g:t gut t
111S11IN(101 US.S,rL fC if first tw female fl t FCgf tt f I ly t tI ft I 'gtt
D I M_i f( lif . 1 �� t th fi t t t t n f Is f S t I a[tat I I I
m tD"mcc t zero dram ,�J I d th"S"nat Intcllig"nc" but urith t f spending L FFiun mil tars treeps
f' hf lib"'al c -vhe was Committeeand thefirstwom- n:of-art,30. t h many 'tt nut pay fudeugh federal
I"ct,d tc th"S"nat,in 1992 t h s,rv"as t j idiciary g rci":Ind: Cr,burdcr rks and disrupt guv"m
and bank"gee I r brai"r: ( mitt,e'tof D-m Prat. inty p—tsi :I narrdcd nt s,r,ic,s I f hgrare,
t ghetit hcrl g a Atthcugh F -t"in w byhishard-right flank though that or"cr s Iy hn frum
Fecal arrd Iatler,I f elitice has f t Fwry:"mt aced by tlrc 'th remelt r t t—in tlrc "Cast to curt. Cengr"..
I d.See,a,90, f is-t ec' M,h"ru D crane Senate. 1a:1 " unatl to fund tlrc
Feinstein died on Thursday per celercd I—cutleck The package cleared a pro- agen er pas at ,pem,
night at h"r hem" i rev ii c"ires through her five decades in cedural vote Friday but final bill to keep offices open.
W'hington D.(_ her efhc" Sen.Dianne Feinstein,D-Calif.,smiles after announcing pelitics. f s'agc in its aft—cer, While the 5 rats.is push
id car Friday.Op-mg th" the introduction of a Senate hill to repeal the Defense of I sin:["in' 1 ipa,ti:ar, c",tain t,t rig ur h"th"r ing af—m Fr da, with it:
S a t Fee,,Se ate Majority Marriage Act,on Capitol Hill in Washington,March 16,2011. efforts helped her notch leg- t nbatted M C array has r widely bi [:art plan
I cad",Chuck Schum",an I t o ,,threugheut h"r t•suppe,t 1 e •d'frum f ,md by Ref Ili-ns and
re"d that "rrll"r this f rcantmh"r:ntc. nrcud -1 Iln th,back efth"cham e,But itals IF—Cd to b" his If.,ItCpublicar,majert D—ec,ats te k""p gev
rnrg w"test a giant nr th" ir,g "nt l pCotcher,, b",and funn",I leusc Sp"akcr a I'1 ility in her I tc,year:in ty.So fat the right flank has c "nt ep"r rid bels-ts.r
S,r,ac cpCCdncti,C rights zero gun NaFcN I'I"i sat in the gallery ( gas'as Ii :t-t b"cam" r,j"ctcd his ffe,t as F1" OF "aid zed U S,disa-,
D'nn F ir,t' ,as central butw: F: Immvn fill I"in:t,ir s daught", r aiib"ral and -th"S"nat, push McCr thy cle:"r to ew unr: th Hcu:"has
f t me:t an a ing p"upl, f rgmatic I �ak",,he Kath"nne. I th""F"cton rt,1 m"m t I"mand-tt r"atcn his 1—r,in pelit I chae:a'
t crcr grac.I th"S"nat, R tuleut to "f blian:arrd S n R atc "publican I"ad", cCa,ir,gIN pelarfzed. :ter and rf:l g cmm"nt th,hard right flank wir"d
Z1 r",grac"dt c untry ght middle greurul Nit"1 McCumr"IF re of A fi,c d"b t,,he did .lutdc—, centmF.
S t said his cic,crack 11 I"rtth can ftc,a bent . al R"pubhc ,he gav" not suffer fools,the California IT,Reput li r sp"akC, The White House has the
-
g,'Asth"natlk m:this fIiinglssidd'r"d her fe, o-tut,totthED" �uicicen ath,was le ; k -n fer all but da,"Ihis-held cut i'n"d Mc(.aNNw"nurc:to
,,to ndeu:Less'
I mvhmv tt an twu r rtth:"rrh"r Fling her his f, d.Diann" 1 ",bal ring: rid sharp h lcaguc,to f f h:"it a day r tu,OFF rei Tje"Bid-
na FI,":sh"Impacted arrd t is year r l—r—thattrailblam,and her b" back:cell" shall"g"d 1),f r"Satu,d a:remelt e"r ftc,tth,I),ak aw bCd ay
t ar,y gla' ceiling:OF, I f u:t.rien from her me:t I -I a t ern"stag f(alifemia n the iss s 1 but which rain shutdown.The bill would f hm tth"d"bt I rl th"y bm
,hart ad alengtc waN II-aF critics and Faunch"d arrd eu,"rhiCc carrier,aCc b"tt„ OF, ,a, rest f",vent.But k"ep el—rie:f rtthmugh F Crcd zalic,this Nua,that:"t
}":id"nt je"Bid whe m "::ftl att,r by f t"r dugg"d T ray and she test that dge in her Oct 31. budg"t I"e"Is-.
d,Fthl"nr t'r fur"III' D-r cart: to t purarily IFg nt s"rvtc"'Mc(umrdl I t r year:in t Sentt,as Ivry me 1 r wFit hoe" lxtreme Heuse
th"S"nat,eall"d her a ,"plae"her er,the S"nat, s-aid. 1 er health vi:'1 Fy d"elin"d t ge en Ice I wh"a th"y R f blican:a nv tripling
I' ring Am"''. a tiCe j I'cia'N Cummitt,".Wh"n St"was I ct I to th"San I:h"'um"t b—ce, stand' th" R, nhlicar, I car th"i bands to
t ilblar"r and a cI"ish"d O ictru-d t th"Sentt, I .cc Bead fSip"rvise, rfu:"d cell" ring Mt atfry Said a th"(apttoF. "rat,p,eg millien:
we
friend" INI y sh"was f nl and u: it,1969 and b"ame its first 7 .ten:e„p ki g pubIf, As-I 1<ed if he had th"eat,: f I wu Iddngf h'":went-al
( ifurnir (he. (,avfn g ,I—Icha' eetlng errl) femrlc beard f 'id"nt in IN,IF,I"bruary 2023 sh"srn M N'Cahy quipp"d W"'1I r said White Heu-"pa::
n will off Lnt a—, nraFFy. 19 S its year M'yea(,"urge :t huld nut r fer a'Lath t-ay Karin jean I ic!".
f y"plac"re t arrd ih"rc o r Friday m ring her h1- a'gumr"d dewn t r th"n"atye A rd within A:seen as th"Fee,d" Jean Pierre said,"The path
is "to b"asp'iI,d brut"to Scr,atc d":k rt: Irap"d it, aler,gsid,Sup" rz Harv"y k:of that amrcunc"m"nt 1 a,b"gan M(anhys chi"f f yard to fur I th"gev"m
u.ed hee black rid mpp"d 'tt avaw of hill,atGty Hall ty Dan Whin, OF, wabs"ntf th"S"nat" R"publican,rite Rep Matt t has b"errl'd cut by th"
I m:t,in th"cldct siting I t DC"s,S"n.ts-gav"t,ar g,urtI d f 'up", f ur"than t r untth:as (;act,.of IFurfda ar ru rc"d S rate with bil titan sup
IfS.: Dior wr- f car, f I 111 ut,:as m nb"rs of till" r I"in:t,in found Milks :1 "ad from r bout of 1 vculd b" tlng again:[ purr Hcus R f ublican:
I catc fer lib rl pnerftl": ( lif nia Heu- I"I"gatien body, sI1i,,gI� th, package calling its just r,,vd to take it"
O /
ATTENTION!
�'C)fl`�
TRANSPORTATION PUBLIC HEARING °"""-
Come and learn about the Florida Department
���O�I�D��011llliillln �f of Transportation's Five-Year Tentative Work Ofl rf
Program for Fiscal Years H0C4WA
2024/2025 through 2028/2029 sue,
Miami-Dade and Monroe County Projects
Time:6 p.m.
937
DateTuesday,October 10,2023
.....
Attend In-Person at
sea"�
FDOT District Six Auditorium RsvP mr ❑i��
1000 NW 111 Avenue I
` YachtPockStaon Miami,FL 33172 a°a"da"`a _
Space is Limited: RSVP by October 2,
visit www.southflroads.com/work-programor
-� � scan the OR code.
� ti
Attend Virtually or on Monroe County TV Channel 76
To attend the Public Hearing via s"n"tom,
GoToWebinar from your computer,tablet a cad
or smartphone please register using the meally �
link below or scan the OR Code:
ROYAI FtlRNITORE R DESIGN d
l�1Wr it /� ♦ j https://attendee.gotowebinar.com/register/932479752026395737
���� F�1���1�1�/� Participants can also use their phone by dialing in to
<�. +1(213)929.4212;Access code:370.265.845
e
ARAAF � � j The Public Hearing will also be streamed online at
lj www.monroecounty-fLgoy and on Monroe County TV Channel 76
SHOP EARLY FOR at the same time and date listed above. Viewers can submit
P questions or comments via email to wpcomments@dot.state.fl.us
m BEST SELECTIUNSI and responses will be provided timely.
6 �
YOUR OPINION IS IMPORTANTTO US.
FDOT PROJECT MANAGERS WILL ATTEND IN PERSON AND
a � � VIRTUALLY TO HEAR YOUR COMMENTS AND ANSWER YOUR
QUESTIONS
9 9 pPr°p "
S 33813 S R r Act of To.en C 9 l Ias.9
p pP ry it, or all
P 1
OF 9 Y vp f I p po D,t top p x ep ra
O S V W og 9 9 re who
In � S d-11ry D Y Pers1— rM1e
UP T8l 50SaRE IDE 4h � p rsw2 lao2 waelwsa p p(7— of
Send WITen comments by October?D,?D23 ro Tls 1h,19 I 9M1er et(MI)
*DISCONTINUED ITEMS*SCRATCH'N'DENTS*OVERSTOCKS 110.5— °I—Ir F9 to EDDo ,coo
EFFr_Don't
P�,mo IIy 0 rmn 21,2N et main ,,,Aoenaer m Danz r v ern u
,aaa NW III m a,3 n, h3u @ et aIF, et least
amde�19w KEY LARGO MARATHON KEY WEST a�mz o nner@a_ n_ ne evenaeyspro ern0_
y 9 a� sro Dos raa oast Dos 'saoo pnra puotic �] �]
MM 99 Median MM 50 Oceanside Searsfown by Publix 2620
Exhibit 1 to Ordinance# -2024
0 47281 0-000000
SNAPPER AVE
0
SE MARLINAVE
Cj -
TRANSYLVANIAAVE
0
The Monroe County Future Land Use Map is amended
as indicated above.
Future Land Use Map change of one parcel of land in Key Largo having Parcel Identification Number
00472810-000000 from Residential Medium (RM)to Mixed Use/Commercial (MC) N
2621
3 f �
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2024
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING THE MONROE
13 COUNTY FUTURE LAND USE MAP ("FLUM") FROM
14 RESIDENTIAL MEDIUM ("RM") TO MIXED USE/
15 COMMERCIAL ("MC") FOR PROPERTY LOCATED AT 103301
16 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 103,
17 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER
18 00472810-000000; AS PROPOSED BY IRWIN HOLDINGS 103301,
19 LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR
20 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
22 AND THE SECRETARY OF STATE; PROVIDING FOR
23 AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
24 FOR AN EFFECTIVE DATE.
25
26
27 WHEREAS, on February 3, 2023, the Monroe County Planning and Environmental
28 Resources Department ("Department") received an application from Irwin Holdings 103301,
29 LLC ("Developer" or the "Applicant') to amend the Monroe County Future Land Use Map
30 ("FLUM") from Residential Medium ("RM") to Mixed Use/ Commercial ("MC") for property
31 located at 103301 Overseas Highway, Key Largo ("subject property" or the"Property"); and
32
33 WHEREAS, the Applicant has also requested a corresponding Land Use District
34 ("LUD") Map amendment for the subject property from Improved Subdivision-Masonry ("IS-
35 M") to Mixed Use("MU"); and
36
37 WHEREAS, on June 27, 2023, the Applicant held a community meeting, as required by
38 Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss the
39 proposed FLUM amendment and the corresponding LUD Map amendment, and provide for
40 public participation; and
41
42 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
43 the proposed map amendments at a regularly scheduled meeting held on June 27, 2023; and
44
45 WHEREAS, on June 29, 2023, the Chair of the DRC signed DRC Resolution Nos. DRC
46 No. 12-23 and DRC No. 13-23, recommending APPROVAL of the proposed amendments to the
2622
I LUD Map and FLUM to the Monroe County Planning Commission and Board of County
2 Commissioners; and
3 WHEREAS, at a regularly scheduled meeting held on August 23, 2023, the Monroe
4 County Planning Commission held a public hearing for the purpose of considering the proposed
5 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan
6 and the proposed LUD map amendment for the Property, and provided for public comment; and
7
8 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P30-23
9 and No. P31-23 recommending APPROVAL of the proposed amendments to the LUD Map and
10 FLUM to the Board of County Commissioners; and
11
12 WHEREAS, at a regular meeting held on the 18th day of October, 2023, the Monroe
13 County Board of County Commissioners held a public hearing to consider the transmittal of the
14 proposed amendment, considered the Department's professional staff report and provided for
15 public comment and public participation in accordance with the requirements of state law and the
16 procedures adopted for public participation in the planning process; and
17
18 WHEREAS, at the October 18, 2023, public hearing, the BOCC adopted Resolution No.
19 495-2023, transmitting the amendment to the State Land Planning Agency; and
20
21 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
22 received its Objections, Recommendations and Comments ("ORC") report on January 2, 2024;
23 and
24
25 WHEREAS, the ORC report did not identify any objections, recommendations or
26 comments; and
27
28 WHEREAS, at a regularly scheduled meeting on the 20th day March 2024, the BOCC
29 held a public hearing to consider adoption of the proposed FLUM amendment;
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
32 OF COUNTY COMMISSIONERS:
33
34 Section 1. Title and Recitals. The foregoing title and recitals are true and correct,
35 and are hereby incorporated as if fully set forth herein.
36
37 Section 2. Findings of Fact and Conclusions of Law. The findings of fact and
38 conclusions of law set forth above constitute the BOCC's findings of fact and conclusions of law
39 and are hereby incorporated as if fully stated herein.
40
41 Section 3. The BOCC accepts all of the findings of fact and conclusions of law in the
42 September 7, 2023-dated Monroe County Planning and Environmental Resources Department
43 professional staff report accompanying this BOCC agenda item, by and through Senior Director
44 Emily Schemper, A.I.C.P., C.F.M., Assistant Director of Planning Cheryl Cioffari, A.I.C.P., and
45 Planning and Development Review Manager Devin Tolpin, A.I.C.P., C.F.M., and hereby adopts
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I them as the BOCC's own legal and factual determinations and incorporates said professional
2 staff report as if fully set forth herein.
3
4 Section 4. The Future Land Use Map of the Monroe County 2030 Comprehensive
5 Plan is amended as follows:
6
7 The property located at 103301 Overseas Highway, Key Largo, is
8 changed from Residential Medium ("RM") to Mixed Use /
9 Commercial ("MC") as shown on Exhibit 1, attached hereto and
10 incorporated herein.
11
12 Section 5. Construction and Interpretation. The construction and interpretation of
13 this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code,
14 Florida Statues, and Monroe County Code Provision(s) whose interpretation arises out of, relates
15 to, or is interpreted in connection with this Ordinance shall be liberally construed and enforced in
16 favor of Monroe County, and shall be construed in favor of the BOCC and such construction and
17 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
18 bankruptcy, and on appeal.
19
20 Section 6. No Liability. Monroe County expressly reserves in no way shall be
21 deemed to have waived, for itself or for its officer(s), employee(s), or
22 agent(s), any sovereign, governmental, and any other similar defense,
23 immunity, exemption, or protection against any suit, cause-of-action,
24 demand, or liability.
25
26
27 Section 7. Severability. If any provision of this ordinance, or any part or portion
28 thereof, is held to be invalid or unenforceable by any administrative
29 hearing officer or court of competent jurisdiction, the invalidity or
30 unenforceability of such provision, or any part or portion thereof, shall
31 neither limit nor impair the operation, enforceability, or validity of any
32 other provision of this ordinance, or any remaining part(s) or
33 portion(s)thereof. All other provision of this ordinance, and remaining
34 part(s) or portion(s) thereof, shall continue unimpaired in full force and
35 effect.
36
37 Section 8. Repeal of Inconsistent Provisions. All ordinances in conflict with this
38 ordinance are hereby repealed to the extent of said conflict. The repeal of
39 an ordinance herein shall not repeal the repealing clause of such ordinance
40 or revive any ordinance which has ben repealed thereby.
41
42 Section 9. Transmittal. This ordinance shall be transmitted by the Director of
43 Planning to the State Land Planning Agency pursuant to Chapters 163 and
44 380, Florida Statutes.
45
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I Section 10. Filing and Effective Date. This ordinance shall be filed in the Office of
2 the secretary of the State of Florida but shall not become effective until a
3 notice is issued by the State Land Planning Agency or Administration
4 Commission finding the amendment in compliance, and if challenged,
5 until such challenge is resolved pursuant to Chapter 120, Florida Statutes.
6
7 Section 11. Inclusion in the Comprehensive Plan. The foregoing amendment shall
8 be incorporated in the Monroe County Comprehensive Plan and included
9 on the Future Land Use Map.
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
12 Florida, at a regular meeting held on the 20th day of March , 2024.
13
14
15 Mayor Holly Merrill Raschein
16 Mayor Pro Tem James Scholl
17 Commissioner Craig Cates
18 Commissioner Michelle Lincoln
19 Commissioner David Rice
20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23
24 BY:
25 MAYOR HOLLY MERRILL RASCHEIN
26
27 SEAL A N O OOU44T ATTORNEY
) A E SMI
28 Date:
29 ATTEST: KEVIN MADOK, CLERK
30
31
32 AS DEPUTY CLERK
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