Item N06 N6
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: N6
2023-2193
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 Land Use District("LUD") Map from Improved Subdivision-Masonry
("IS-M") to Mixed Use ("MU") for Property Located at 103301 Overseas Highway, Key Largo, as
proposed by Irwin Holdings 103301, LLC.
ITEM BACKGROUND:
On April 27, 2023, the Monroe County Planning and Environmental Resources Department
("Department")received an amended application from Jim Saunders on behalf of Irwin Holdings
103301, LLC (the "Applicant") to amend the Monroe County Land Use District ("LUD") Map from
Improved Subdivision-Masonry ("IS-M") to Mixed Use("MU") for property located at 103301
Overseas Highway on Key Largo ("subject property" or the "property").
Site Information:
Approximate Mile Marker Location: MM 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 January 27, 2023.
FLUM Designation: Residential Medium ("RM");pending application to amend to Mixed Use/
Commercial("MC")
2626
Land Use District: Improved Subdivision-Masonry ("IS-M");pending application to amend to Mixed
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 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 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 No. 2023-081: A corresponding FLUM amendment for the Property, requesting to amend the
FLUM from Residential Medium("RM") to Mixed Use/Commercial("MC").
Community Meeting and Public Participation
In accordance with Land Development Code ("LDC") Section 102-159(a), a community meeting was
held on June 27, 2023, at the Key Largo Branch Library to discuss the proposed Land Use District
("LUD") Map and Future Land Use Map (FLUM) amendment 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 Nos. DRC No. 12-23 and DRC No. 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 Board of County Commissioners ("BOCC").
Planning Commission
2627
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 signed
Resolution Nos. P30-23 and 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
Land Use District Comparison
Existing
LDC Section 130-36- Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to accommodate the legally vested residential development rights of the
owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this
LDC. For the purpose of this section, improved lots are those that are served by a dedicated and
accepted existing road of porous or nonporous material, that have an approved potable water supply,
and that have sufficient uplands to accommodate the proposed use in accordance with the required
setbacks. This district is not intended to be used for new land use districts of this classification within
the county.
Proposed
LDC Section 130-40- Purpose of the Mixed Use District (MU)
The purpose of the MU district is to establish or conserve areas of mixed uses, including commercial
fishing, resorts, residential, institutional, and commercial uses, and preserve these as areas
representative of the character, economy and cultural history of the Florida Keys.
Maximum Density and Intensity by Land Use District
As shown in the orange portion of the table on Page 6 of the attached staff report, the proposed LUD
amendment 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 LUD
Map 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].
Permitted and Conditional Uses
The key difference between the allowed uses within the IS and MU Land Use (zoning) Districts is that
the IS Land Use District is primarily a residential district with little to no nonresidential uses permitted,
2628
whereas the MU zoning district allows for new and expanded nonresidential uses in addition to
residential uses. Market rate detached dwellings are permitted within both zoning districts in addition to
parks and schools. These zoning districts both allow for collocations on existing antenna-supporting
structures, new satellite earth stations less than two meters in diameter as accessory uses, wastewater
nutrient reduction cluster systems that serve less than ten residences, and public infrastructure and
utilities.
The full list of permitted uses within the IS Land Use District is provided in LDC Section 130-83 and is
included as Exhibit 1 to the staff report. The full list of permitted uses within the MU Land Use District
is provided in LDC Section 130-88 and is included as Exhibit 2 to the staff report.
Compliance with Comprehensive Plan Policy 101.5.26
The proposed LUD Map amendment from IS to MU [and concurrent 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 701.1.1A
Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
treatment design capacity of 29.8 million gallons per day(MGD) and is capable of treating up to 23.8
MGD. The annual average daily demand in Monroe County is 17.79 MGD.
2629
The proposed zoning amendment would decrease permanent allocated residential density beyond what
is already permitted and therefore 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 LUD
amendment would decrease the permanent, allocated residential density, but increase the maximum net
residential density 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 LUD Map 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 consistent
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"
Data errors, including errors in mapping,vegetative types and natural features which contributed
to the application of the existing text or boundary;
2630
Per the Applicant: "No Change"
The structure that is currently in existence on the Property was constructed and used as a nonresidential
(commercial) structure. 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 land use district maps and code in 1986 rendered the
previously existing 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.
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.
2631
The proposed Land Use District Map amendment is not anticipated to adversely impact the community
character of the surrounding area and is consistent with the proposed Mixed Use/Commercial (MC)
Future Land Use Map designation of the Property and surrounding area 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:
The professional staff of the Monroe County Planning and Environmental Resources Department
recommends approval of the proposed Land Use District ("LUD") Map Amendment.
2632
DOCUMENTATION:
2022-187 BOCC SR 03.20.24.doc
Exhibit I—130-83—Permitted Uses.pdf
Exhibit 2—130-88—Permitted Uses.pdf
Exhibit 3—DRC Reso No. 12-23.pdf
Exhibit 4—PC Reso P30-23.pdf
Exhibit 5—LUD—I IA-17—Irwin—Holdings.pdf
Exhibit I to Ordinance.pdf
Exhibit-6—LUD—Ordinance.pdf
FINANCIAL IMPACT:
N/A
2633
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 Planning Commission
10
I I 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: February 27, 2024
17
18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
19 Monroe County Land Use District Map from Improved Subdivision-Masonry (IS-M), to
20 Mixed Use (MU) for property located at 103301 Overseas Highway, Key Largo, as
21 proposed by Irwin Holdings 103301, LLC (File 2022-187)
22
23 Meeting: March 20, 2024
24
25 I. REQUEST
26
27 On April 27, 2023, the Planning and Environmental Resources Department received an amended
28 application from Jim Saunders on behalf of Irwin Holdings 103301, LLC (the "Applicant") to amend the
29 Monroe County Land Use District (LUD) Map from Improved Subdivision-Masonry (IS-M) to Mixed
30 Use(MU) for property located at 103301 Overseas Highway on Key Largo (the "Property").
31
I
I
f f ,
32
33 Existing LUD Designation Proposed LUD Designation
34
35
BOCC SR 03.20.2024 Page 1 of 16
File 2022-187
2634
1 II. BACKGROUND INFORMATION
2
3 Site Information:
4 Location: MM 103, Key Largo
5 Address: 103301 Overseas Highway
6 Description: Lots 17 and 18, Block 12, Largo Sound Park, according to the plat thereof, as recorded
7 in Plat Book 3, Page 111, of the Public Records of Monroe County, Florida
8 Parcel Identification Number: 00472810-000000
9 Owner/Applicant: Irwin Holdings 103301, LLC
10 Size of Property: 0.3 acres (13,330.2 SF) of upland area per survey by Lincoln Iturrey, P.S.M.
11 signed and sealed on 01/27/2023.
12 FLUM Designation: Residential Medium (RM); pending application to amend to Mixed Use /
13 Commercial (MC)
14 Land Use District: Improved Subdivision-Masonry (IS-M);pending application to amend to Mixed
15 Use(MU)
16 Tier Designation: III
17 Flood Zone: X
18 CBRS: No
19 Existing Use: Office
20 Existing Vegetation/Habitat: Developed Land
21 Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail,
22 Restaurant
23
24 The Property currently has a Land Use District (zoning) designation of Improved Subdivision, with the
25 Masonry subdistrict indicator (IS-M) and Future Land Use Map (FLUM) designation of Residential
26 Medium (RM). The Property was within a BU-1 district (Light Business) prior to September 15, 1986.
27 In 1986, the Property was given the designation of Improved Subdivision (IS). With the adoption of the
28 Comprehensive Plan's FLUM in 1997, the Property was given the FLUM designation of Residential
29 Medium(RM).
30
31 The Property is currently developed with a 2,278 square foot structure according to the Monroe County
32 Property Appraiser(MCPA). The existing structure was permitted to serve as an office.
33
34 The Applicant states that the reason for the proposed amendment is:
35 "Due to present zoning owner cannot submit building permit to fence area under existing structure.
36 Zoning change requires FLUMto he consistent. "
37
38 Concurrent Applications
39 File 2023-081: A corresponding Future Land Use Map (FLUM) amendment for the Property, requesting
40 to amend the FLUM from Residential Medium(RM) to Mixed Use/Commercial(MC).
41
42 Community Meeting and Public Participation
43 In accordance with LDC Section 102-159(a), a community meeting was held on June 27, 2023 at the
44 Key Largo Branch Library to discuss the proposed Land Use District(zoning) Map and Future Land Use
45 Map (FLUM) amendment and provide for public participation.
46
BOCC SR 03.20.2024 Page 2 of 16
File 2022-187
2635
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
(IU , t
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
BOCC SR 03.20.2024 Page 3 of 16
File 2022-187
2636
&c. 19-216. 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 use,,;p,,rmitte&Professional services, 'business
service,.;,banks,post offices,ticket offices,answering ser-
vices,family counseling,personal services,drug and sun-
dry stores, tobacco and newsstands, florists, gift shops,
confectionery stores,antique shops,art goods,bric-a-brac
shops,ice cream parlors,curio shops,interior deuoration,
furriers,bookstores,restaurants A and B,clothing stores,
jewelry stores,leather goods,photographic galleries,pot-
tery sales(no manufacturing),show stores,sporting goods,
tailor shops,fire and burglar ahn ins.
(h) Accessory uses permitted Apartments within the principal
building.
(e) 11.res permitted upon special appr—at-
(1) Retail sales and services not expressly permitted.
W-49) Reserved.
2
3 The 1986 Pattison Zoning Maps indicate the Property was within the Improved Subdivision (IS) district.
N
4
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4
. ....... '01
rs
4
5 1986 Pattison Zoning Map-Property(highlight),IS District
6
7 The 1988 "Craig" Zoning (land use) District Maps (effective in 1992) indicate the Property was within
8 the Improved Subdivision-Masonry (IS-M) district. These maps were most recently certified through
9 BOCC Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District
10 Maps making the maps available in digital form on June 20, 2007.
11
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13 1988 Craig Zoning Map-Property(highlight),IS-M District
14
BOCC SR 03.20.2024 Page 4 of 16
File 2022-187
2637
I On April 6, 2018, Planning Commission Resolution No. P06-18 was passed and adopted, approving
2 with conditions a Major Conditional Use Permit for the redevelopment, substantial improvement, or
3 reestablishment of the existing nonconforming office use in the IS zoning district. It should be noted that
4 this development did not take place and the Major Conditional Use Permit has since expired.
5
6 On January 20, 2022, a Letter of Understanding was issued by the Senior Director of Planning and
7 Environmental Resources which determined there to be suitable evidence to support the existence of
8 office use prior to and on January 4, 1996. This lawful nonconforming use shall be recognized and
9 added to the Department's official registry. The Property may therefore develop, redevelop, reestablish
10 and/or substantially improve the office use, provided it is limited in intensity, floor area, and to the type
11 of use that existed on January 4, 1996, per LDC Code Section 102-56(a)(2) or the lawfully existing use
12 on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
13 substantial improvements, or be reestablished as an amendment to a major conditional use limited to the
14 permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs
15 for the IS district, whichever is more restrictive, per LDC Code Section 130-83(e). The Letter of
16 Understanding also addressed the proposed expansion of office floor area and stated that the addition of
17 nonresidential floor area, by means of enclosing the first floor of the existing structure, for office use is
18 not consistent with the current FLUM and LUD of the subject property.
19
20 III.AMENDMENT REVIEW
21
22 Land Use District Comparison
23 Existing
24 LDC Section 130-36-Purpose of the Improved Subdivision District(IS)
25 The purpose of the IS district is to accommodate the legally vested residential development rights of the
26 owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this
27 LDC. For the purpose of this section, improved lots are those that are served by a dedicated and
28 accepted existing road of porous or nonporous material, that have an approved potable water supply, and
29 that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks.
30 This district is not intended to be used for new land use districts of this classification within the county.
31
32 Proposed
33 LDC Section 130-40-Purpose of the Mixed Use District (MU)
34 The purpose of the MU district is to establish or conserve areas of mixed uses, including commercial
35 fishing, resorts, residential, institutional, and commercial uses, and preserve these as areas representative
36 of the character, economy and cultural history of the Florida Keys.
37
38 Maximum Density and Intensity by Land Use District
39 The table below provides a comparison of the development potential for residential, transient and
40 commercial development of the existing Land Use (zoning) District as compared to the proposed,
41 amended zoning district. Section 130-156(b) of the Land Development Code states: "The density and
42 intensity provisions set out in this section are intended to be applied cumulatively so that no
43 development shall exceed the total density limits of this article. For example, if a development includes
44 both residential and commercial development, the total gross amount of development shall not exceed
45 the cumulated permitted intensity of the parcel proposed for development."
46
BOCC SR 03.20.2024 Page 5 of 16
File 2022-187
2638
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 Density 0 0 du
Buildable Acre: Transient Max Net Density 0 0 du
0.24 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 Density 5 -10 du/acre 1.5 du -3 du
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
Nonresidential Uses + 1,999.5 sf- 5,332.1 sf
1
2 As shown in the orange portion of the table, the proposed LUD amendment would result in a decrease
3 of allocated market rate density but would result in an increase in TDR/market rate residential
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I maximum net density, affordable residential maximum net density, transient density, and
2 nonresidential intensity.
3
4 Any new residential use on the Property would be subject to the requirements of Chapter 138 of the
5 Land Development Code related to the Residential Rate of Growth Ordinance (ROGO) permit process.
6 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
7 LDC Section 138-49.
8
9 The Property currently has a 2,278 square foot nonconforming office. Approval of the requested LUD
10 Map amendment to MU would render the existing office use as conforming with up to 3,054.1 square
11 feet of floor area available to expand [dependent on the use].
12
13 Permitted and Conditional Uses
14 The key difference between the allowed uses within the IS and MU Land Use (zoning) Districts is that
15 the IS Land Use District is primarily a - „ '�� e
16 residential district with little to no
17 nonresidential uses permitted, whereas the
18 MU zoning district allows for new and ,
19 expanded nonresidential uses in addition to
20 residential uses. Market rate detached
21 dwellings are permitted within both zoning
22 districts in addition to parks and schools '
23 These zoning districts both allow for
24 collocations on existing antenna-supporting
25 structures, new satellite earth stations less than
26 two meters in diameter as accessory uses,
27 wastewater nutrient reduction cluster systems
28 that serve less than ten residences, and public
29 infrastructure and utilities.
30
31 The Property Highlighted in Blue(Aerial Dated 2022)
32
33 The full list of permitted uses within the IS Land Use District is provided in LDC Section 130-83 and is
34 included as Exhibit 1 to this staff report. The full list of permitted uses within the MU Land Use District
35 is provided in LDC Section 130-88 and is included as Exhibit 2 to this staff report.
36
37 Compliance with Comprehensive Plan Policy 101.5.26
38 The proposed LUD Map amendment from IS to MU [and concurrent FLUM amendment from RM to
39 MC] does not result in an increase to residential allocated density and therefore eliminates the need to
40 mitigate under Policy 101.5.26.
41
42 Compatibility with the Surrounding Area
43 a. Existing Vegetation/Habitat: Developed Land
44 b. Existing Tier Designation: III
45 c. Number of Listed Endangered or Threatened Species: 0
46 d. Existing Use: Office
47 e. Community Character of Immediate Vicinity: Residential, Offices, Commercial Retail, Restaurant
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I Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
2 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
3 does not result in a reduction of the level-of-service requirements established and adopted by this
4 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
5 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
6 can be reasonably met.
7
8 Traffic Circulation(Comprehensive Plan Policy 301.1.2)
9 The Property is located on Overseas Highway/ U.S. 1 on Key Largo at approximate mile marker 103.
10 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
11 the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
12 Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
13
14 A trip generation analysis was not submitted by the Applicant; at the time of development approval, a
15 trip generation analysis will be required to be submitted in order to verify sufficient roadway capacity.
16 According to the 2021 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for
17 Segment 23 is 11,148 trips.
18
19 Potable Water(Comprehensive Plan Policy 701.1.1)
20 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
21 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
22 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
23
24 The proposed zoning amendment would decrease permanent allocated residential density beyond what is
25 already permitted and therefore is not anticipated to adversely impact the LOS for potable water.
26
27 Solid Waste (Comprehensive Plan Policy 801.1.1)
28 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
29 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
30 waste is handled by private contract.
31
32 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
33 The County has adopted water quality treatment standards for wastewater facilities and within the
34 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
35 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed LUD
36 amendment would decrease the permanent, allocated residential density, but increase the maximum net
37 residential density on the site by 2.88 dwelling units, which could increase the required flow by 480.96
38 gallons per day. The combined average flows of the Key Largo Wastewater Treatment System are
39 1,970,000 gpd, whereas the plant capacity is 3,450,000 gpd. Any proposed development on the site will
40 either need to connect to the Key Largo Wastewater Treatment District central sewer system or provide
41 on-site sewage treatment and disposal that meets the LOS standards in Policy 901.1.1.
42
43 The proposed LUD Map amendment is not anticipated to adversely impact the LOS for traffic, potable
44 water, solid waste and sanitary sewer.
45
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I IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
2 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING
3 DEVELOPMENT,AND THE MONROE COUNTY LAND DEVELOPMENT CODE
4
5 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
6 County Year 2030 Comprehensive Plan. Specifically, it furthers:
7
8 Goal 101
9 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
10 County residents and visitors, and protect valuable natural resources.
11
12 Objective 101.3
13 Monroe County shall regulate new residential development based upon the finite carrying capacity
14 of the natural and man-made systems and the growth capacity while maintaining a maximum
15 hurricane evacuation clearance time of 24 hours.
16
17 Objective 101.4
18 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
19 the needs of the future population of Monroe County.
20
21 Objective 101.5
22 Monroe County shall regulate future development and redevelopment to maintain and enhance the
23 character of the community and protect natural resources by providing for the compatible
24 distribution of land uses consistent with the designations shown on the Future Land Use Map.
25
26 Policy 101.5.6
27 The principal purpose of the Mixed Use/Commercial(MC) future land use category is to provide for
28 the establishment of mixed use commercial land use (zoning) districts where various types of
29 commercial retail and office may be permitted at intensities which are consistent with the
30 community character and the natural environment. Employee housing and commercial apartments
31 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
32 conserve areas of mixed uses, which may include maritime industry, light industrial uses,
33 commercial fishing, transient and permanent residential, institutional, public, and commercial retail
34 uses.
35
36 This future land use category is also intended to allow for the establishment of mixed use
37 development patterns, where appropriate. Various types of residential and nonresidential uses may
38 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
39 The County shall continue to take a proactive role in encouraging the preservation and enhancement
40 of community character and recreational and commercial working waterfronts.
41
42 In order to protect environmentally sensitive lands, the following development controls shall apply
43 to all hammocks,pinelands, and disturbed wetlands within this land use category:
44
45 Lonly low intensity commercial uses shall be allowed;
46 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
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I 3.maximum net residential density shall be zero.
2 ...Information related to MI zoning district omitted...
3
4 Policy 101.5.25
5 Monroe County hereby adopts the following density and intensity standards for the future land use
6 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
7
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open Space
Category And Maximum Net DensityRatio
Corresponding Allocated Density(a) (a)(b) Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
1 du 2 du(MI)
Mixed (DR,MU,MI) 6-18 du(SC)(k> 0.10-0.45
Use/Commercial 3 du(SC) (SC,UC,DR,MU)
12 du UC
(MC)(t)(g) 6 du(UC) ( ) k>
(SC,UC,DR,RV Commercial Apartments 12-18 du(MU) <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).
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(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 Objective 101.8
3 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
4 applicable provisions of the land development regulations, zoning districts, Future Land Use
5 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
6 important part of the community character and the County desires to maintain such character and
7 protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
8 [F.S. § 163.3177 (6)a.2.e.]
9
10 Policy 101.8.2
11 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new
12 use conforms to all applicable provisions of the Future Land Use category and zoning district in
13 which it is located, except as provided for existing lawfully-established residential uses within Policy
14 101.5.29.
15
16 Policy 101.8.7
17 Monroe County shall maintain Land Development Regulations which allow nonconforming
18 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
19 existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or substantially
20 improve provided that the use is limited in density/intensity, floor area, and to the type of use that
21 existed on January 4, 1996.
22
23 Objective 101.19
24 Monroe County shall address local community needs while balancing the needs of all Monroe
25 County communities. These efforts shall focus on the human crafted environment and shall be
26 undertaken through the Livable CommuniKeys Planning Program.
27
28 Policy 101.19.2
29 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
30 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
31 Plans have been completed in accordance with the principles outlined in this section and adopted by
32 the Board of County Commissioners:
33 ...
34 The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
35 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
36 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only
37 the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent
38 to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
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I checkmark next to them are not considered to be consistent with the definitions of"Objective" and
2 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
3
4 Goal 102: Monroe County shall direct future growth to lands which are most suitable for
5 development and shall encourage conservation and protection of environmentally sensitive lands
6 (wetlands, beach berm and tropical hardwood hammock).
7
8 Policy 105.1.3
9 Monroe County shall, through its development standards and Land Development Code, continue to
10 foster the retention and redevelopment of small businesses on the U.S.1.
11
12 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
13 Specifically it furthers:
14
15 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
16 of individual parcels with respect to density, intensity, bulk regulations, and all other land
17 development regulation. This will protect the existing conformance status of most uses and promote
18 orderly development consistent with the Comprehensive Plan.
19
20 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
21 planning area where appropriate.
22
23 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
24 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
25 comprehensive planning principles and the following community-goal related criteria:
26 a. Promote infill, design flexibility and transfer of density to Community Centers
27 b. Preserve commercial conformance status within sections along US-1 predominated by
28 existing commercial businesses and disturbed lands.
29 c. Encourage sun-setting of intensive commercial uses within sections along US-1
30 predominated by natural habitat or native-dominated landscape, relatively sparse
31 development and relatively few businesses.
32 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
33 economy.
34 e. Give consideration to whether the property provides a unique or outstanding opportunity for
35 enhancement of design, connectivity and other community goals, especially along the US-1
36 corridor.
37
38 C. The proposed amendment is consistent with the Principles for Guiding Development for the
39 Florida Keys Area, Section 380.0552(7), Florida Statutes. Specifically:
40
41 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
42 the principles for guiding development and any amendments to the principles, the principles shall be
43 construed as a whole and no specific provision shall be construed or applied in isolation from the
44 other provisions.
45
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I (a) Strengthening local government capabilities for managing land use and development so that
2 local government is able to achieve these objectives without continuing the area of critical
3 state concern designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
5 seagrass beds, wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
7 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
8 beaches, wildlife, and their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
10 economic development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
12 Keys.
13 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
14 environment, and ensuring that development is compatible with the unique historic character
15 of the Florida Keys.
16 (g) Protecting the historical heritage of the Florida Keys.
17 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
18 proposed major public investments, including:
19 1. The Florida Keys Aqueduct and water supply facilities;
20 2. Sewage collection, treatment, and disposal facilities;
21 3. Solid waste treatment, collection, and disposal facilities;
22 4. Key West Naval Air Station and other military facilities;
23 5. Transportation facilities;
24 6. Federal parks, wildlife refuges, and marine sanctuaries;
25 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
26 properties;
27 8. City electric service and the Florida Keys Electric Co-op; and
28 9. Other utilities, as appropriate.
29 (i) Protecting and improving water quality by providing for the construction, operation,
30 maintenance, and replacement of stormwater management facilities; central sewage
31 collection; treatment and disposal facilities; and the installation and proper operation and
32 maintenance of onsite sewage treatment and disposal systems.
33 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
34 operation of wastewater management facilities that meet the requirements of ss.
35 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
36 central wastewater treatment facilities through permit allocation systems.
37 (k) Limiting the adverse impacts of public investments on the environmental resources of the
38 Florida Keys.
39 (1) Making available adequate affordable housing for all sectors of the population of the Florida
40 Keys.
41 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
42 a natural or manmade disaster and for a postdisaster reconstruction plan.
43 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
44 maintaining the Florida Keys as a unique Florida resource.
45
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I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
2 with the Principles for Guiding Development as a whole and is not inconsistent with any
3 Principle.
4
5 D. The BOCC may consider the adoption of an ordinance enacting the proposed map and text
6 amendments to this Land Development Code based on one or more of the following factors:
7
8 1. Changed projections (e.g., regarding public service needs) from those on which the
9 existing text or boundary was based;
10
11 Per the Applicant: "No Change"
12
13 2. Changed assumptions (e.g., regarding demographic trends) from those on which the
14 existing text or boundary was based;
15
16 Per the Applicant: "No Change"
17
18 3. Data errors, including errors in mapping, vegetative types and natural features which
19 contributed to the application of the existing text or boundary;
20
21 Per the Applicant: "No Change"
22
23 The structure that is currently in existence on the Property was constructed and used as a
24 nonresidential (commercial) structure. This structure received its Certificate of Occupancy on
25 July 26, 1984. As described in the relevant prior County actions section of this Report, the 1973-
26 86 Zoning maps indicate the Property was within the BU-1 Light Business District. The 1973-86
27 zoning, BU-1 Light Business District permitted professional service and retail uses per Section
28 19-216(a) of the 1973-86 Monroe County Code. The adoption of the revised land use district
29 maps and code in 1986 rendered the previously existing use nonconforming.
30
31 4. New issues which arose after the application of the existing text or boundary;
32
33 Per the Applicant: "Owner cannot pull a building permit to fence area under his existing
34 structure to secure his equipment inventory. "
35
36 A nonconforming office use is currently in existence on the Property. Monroe County Land
37 Development Code Section 130-83(d) allows lawfully established nonresidential uses which
38 were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in
39 the land development regulations that were in effect immediately prior to the institution of the
40 2010 Comprehensive Plan (pre-2010 LDRs, Section 9-212) and lawfully existed on such lands
41 on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
42 substantial improvements, or be reestablished as an amendment to a major conditional use,
43 subject to the standards and procedures set forth in chapter 110, article 111. These standards
44 include the use is limited in intensity, floor area, density and to the type of use that existed
45 on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
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I major conditional uses allowed in the pre-1996 LDRs for this district, whichever is more
2 restrictive.
3
4 The new issue to which the Applicant is referring, is the Applicant's intention to expand the
5 nonresidential intensity by means of enclosing the ground floor of the existing office building. In
6 order to allow an expansion of the nonresidential use, the Property's FLUM category and land
7 use designation would need to be amended to a category and district that would allow the
8 proposed increase in floor area.
9
10 5. Recognition of a need for additional detail or comprehensiveness;
11
12 Per the Applicant: "No Change"
13
14 6. Data updates; or
15
16 Per the Applicant: "No Change"
17
18 7. Consistency with the Comprehensive Plan and the principles for guiding development as
19 defined in Section 380.0552, Florida Statutes.
20
21 As described throughout this report, staff finds the proposed map amendment consistent with the
22 Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
23 Florida Statutes.
24
25 E. In no event shall an amendment be approved which will result in an adverse change in
26 community character to the sub-area which a proposed amendment affects or to any area in
27 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
28
29 The proposed Land Use District Map amendment is not anticipated to adversely impact the
30 community character of the surrounding area and is consistent with the proposed Mixed Use /
31 Commercial (MC) Future Land Use Map designation of the Property and surrounding area as the
32 Property has contained a nonresidential use for almost 40 years.
33
34 V. PROCESS
35
36 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
37 for an amendment to the Land Use (zoning) District Map, overlay district map or FLUM shall be
38 required to file an application with the Planning Director accompanied by a nonrefundable application
39 fee as established from time to time by the BOCC to defray the actual cost of processing the application.
40 After receipt, the Planning Director and his or her staff shall review the proposed amendment and
41 present it with a recommendation of approval or denial to the Development Review Committee for
42 review and comment. Staff shall make a recommendation to the Planning Commission.
43
44 The Planning Commission shall review the application, the reports and recommendations of the
45 Planning and Environmental Resources Department, the comments of the Development Review
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I Committee, and the testimony given at the public hearing, and shall submit its recommendations and
2 findings to the BOCC.
3
4 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
5 Environmental Resources Department staff, and the testimony given at the public hearings.
6
7 VII. STAFF RECOMMENDATION
8
9 Staff recommends approval of the proposed amendment to the Monroe County Land Use District Map
10 from Improved Subdivision-Masonry (IS-M) to Mixed Use (MU) for property located at 103301
11 Overseas Highway, Key Largo.
12
13 VIII. EXHIBITS
14 1. LDC Section 130-83, Permitted and Conditional Uses within IS Land Use District
15 2. LDC Section 130-88, Permitted and Conditional Uses within MU Land Use District
16 3. Development Review Committee Resolution No. DRC 12-23
17 4. Planning Commission Resolution No. P30-23
18 5. 11"X 17" Map Series LUD Amendment
19 6. Draft Ordinance
20
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5/5/23,9:50 AM Monroe County, FL Land Development Code
Sec. 130-83. - Improved Subdivision District(IS).
(a) The following uses are permitted as of right in the improved subdivision district:
(1) In those improved subdivision districts with no subdistrict indicator, detached dwellings of all
types;
(2) IS-M: In those improved subdivision districts with an M subdistrict indicator, only detached
dwellings of masonry appearance;
(3) IS-D: In those improved subdivision districts with a D subdistrict indicator:
a. Detached dwellings; and
b. Duplexes;
(4) Home occupations—Special use permit required;
(5) Accessory uses;
(6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences; and
(9) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
(b) Vacation rental use is prohibited in all IS districts and subdistricts, except in:
(1) IS-V districts (as set forth in section 130-84); and
(2) In gated communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses.
(c) The following uses are permitted as minor conditional uses in the improved subdivision district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Parks;
(2) Institutional uses limited to schools; and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f).
about:blank 2650
5/5/23,9:50 AM Monroe County, FL Land Development Code
(d) The following uses are permitted as major conditional uses in the improved subdivision district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
(2) Wastewater treatment facilities and wastewater treatment collection systems serving uses
located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally consistent
with the character of the surrounding community and shall minimize the impact of any
outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter 114, article V, a planting
bed, eight feet in width,to be measured perpendicular to the exterior of the screening
structure shall be established with the following:
1. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
2. The required trees shall be evenly distributed throughout the planting bed;
3. The planting bed shall be installed asset forth in chapter 114, article IV; and
4. A solid fence may be required upon determination by the planning director.
(e) The following lawfully established nonresidential uses in the Improved Subdivision land use
district, 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:
(1) Commercial retail, office, or any combination thereof, of low and medium intensity, of less
than 2,500 square feet of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right-of-
way of U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1;
b. The structure must be located within 200 feet of the centerline of U.S. 1;
c. The commercial retail use does not involve the sale of petroleum products;
d. The commercial retail use does not involve the outside storage or display of goods or
merchandise;
e.
about:blank 2651
5/5/23,9:50 AM Monroe County, FL Land Development Code
There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be
located;
f. The structure in which the commercial retail use is to be located is separated from the
U.S. 1 right-of-way by a class C bufferyard;
g. The structure in which the commercial retail use is to be located is separated from any
existing residential structure by a class C bufferyard;
h. No signage other than one identification sign of no more than four square feet shall be
placed in any yard or on the wall of the structure in which the commercial retail use is to
be located except for the yard or wall that abuts the right-of-way for U.S. 1; and
i. 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.
(2) Marinas, provided that:
a. The parcel proposed for development has continuous access to water of depths of at
least four(4)feet below mean sea level at mean low tide;
b. The use does not involve the sale of goods or services other than private clubs, sport
fishing charters, boat dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and no boat or other
equipment is stored on any elevated rack,frame or structure;
d. Vessels docked or stored shall not be used for live-aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid fence,wall or hedge
at least six(6)feet in height; and
f. Each nonwaterside perimeter setback of the parcel proposed for development must have
a class C bufferyard within a side yard setback of ten feet; and
g. 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.
( Ord. No. 006-2016 . § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020 . § 1, 2-19-2020, eff. 6-4-2020)
about:blank 2652
5/5/23,9:51 AM Monroe County, FL Land Development Code
Sec. 130-88. - Mixed Use District(MU).
(a) The following uses are permitted as of right in the mixed use district:
(1) Detached dwellings;
(2) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of less than 2,500 square feet of floor area;
(3) Institutional residential uses, involving less than ten dwelling units or rooms;
(4) Commercial apartments involving less than six dwelling units, but tourist housing use,
including vacation rental use, of commercial apartments is prohibited;
(5) Commercial recreational uses limited to:
a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
f. Swimming pools;
(6) Commercial fishing;
(7) Institutional uses;
(8) Public buildings and uses;
(9) Home occupations—Special use permit required;
(10) Parks;
(11) Accessory uses;
(12) Vacation rental use of detached dwelling units is permitted if a special vacation rental permit
is obtained under the regulations established in section 134-1,
(13) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(14) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(15) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(16) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
(17) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
(18) Attached and detached dwellings involving less than six units, designated as employee
housing as provided for in section 139-1;
(19) Wastewater nutrient reduction cluster systems that serve less than ten residences; and
(20) Public infrastructure and utilities, provided that:
about:blank 2653
5/5/23,9:51 AM Monroe County, FL Land Development Code
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
(b) The following uses are permitted as minor conditional uses in the mixed use district, subject to
the standards and procedures set forth in chapter 110, article III:
(1) Attached dwellings, provided that:
a. The total number of units does not exceed four; and
b. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development;
(2) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and
drive-in theaters, provided that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not shine directly on any
established residential use;
(3) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of greater than 2,500 but less than 10,000 square feet of floor area, provided
that access to U.S. 1 by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet;
(4) Commercial retail, office, restaurant uses, or any combination thereof, of high intensity, and
of less than 2,500 square feet of floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet;
(5) Commercial apartments involving six to 18 dwelling units, provided that:
a. The hours of operation of the commercial uses are compatible with residential uses;
about:blank 2654
5/5/23,9:51 AM Monroe County, FL Land Development Code
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
c. Tourist housing uses, including vacation rental uses, of commercial apartments are
prohibited;
(6) Institutional residential uses involving ten or more dwelling units or rooms, providing that:
a. The use is compatible with land use established in the immediate vicinity of the parcel
proposed for development;
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
c. Tourist housing uses, including vacation rental use, of institutional dwelling units is
prohibited;
(7) Hotels of fewer than 50 rooms, provided that one or more of the following amenities is
available to guests:
a. Swimming pool; or
b. Docking facilities; or
c. Tennis courts;
(8) Campgrounds and recreational vehicle parks, provided that:
a. The parcel proposed for development has an area of at least five acres;
b. If the use involves the sale of goods and services, other than the rental of camping sites or
recreational vehicle parking spaces, such use does not exceed 1,000 square feet and is
designed to serve the needs of the campground; and
c. The parcel proposed for development is separated from all adjacent parcels of land by at
least a class C bufferyard;
(9) Light industrial uses, provided that:
a. The parcel proposed for development is less than two acres;
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
C.
about:blank 2655
5/5/23,9:51 AM Monroe County, FL Land Development Code
All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in
height;
(10) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f); and
(11) Attached and detached dwellings involving six to 18 units, designated as employee housing as
provided for in section 139-1.
(c) The following uses are permitted as major conditional uses in the mixed use district subject to
the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is
by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet;
(2) Commercial retail, office, restaurant uses, or any combination thereof, of high intensity, and
of greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet;
(3) Attached dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(4) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence,wall or hedge
at least six feet in height; and
about:blank 2656
5/5/23,9:51 AM Monroe County, FL Land Development Code
d. Each nonwaterside perimeter setback of the parcel proposed for development must have
a class C bufferyard within a side yard setback of ten feet;
(5) Hotels providing 50 or more rooms, provided that:
a. The hotel has restaurant facilities on the premises;
b. One or more of the following amenities are available to guests:
1. Swimming pool; or
2. Docking facilities; or
3. Tennis courts; and
c. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet; and
d. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(6) Heliports or seaplane ports, provided that:
a. The heliport is associated with a governmental service facility, a law enforcement element
or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility;
c. The landing and departure approaches do not pass over established residential uses or
known bird rookeries;
d. If there are established residential uses within 500 feet of the parcel proposed for
development, the hours of operation for non-emergency aircraft shall be limited to
daylight; and
e. The use is fenced or otherwise secured from entry by unauthorized persons;
(7) Light industrial uses, provided that:
a. The parcel proposed for development is greater than two acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. The use is compatible with land uses established in the immediate vicinity of the parcel
proposed for development;
(8) Commercial recreation uses (indoor and outdoor), including amusement or sea life parks and
drive-in theaters, provided that:
a. The parcel of land has an area of at least two acres;
about:blank 2657
5/5/23,9:51 AM Monroe County, FL Land Development Code
b. The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L or
established residential uses by at least a class E buffer; and
c. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(9) Agricultural uses, limited to mariculture;
(10) New antenna-supporting structures, pursuant to section 146-5(a);
(11) Attached and detached dwellings involving more than 18 units, designated as employee
housing as provided for in section 139-1;
(12) Wastewater treatment facilities and wastewater treatment collection systems serving uses
located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally consistent
with the character of the surrounding community and shall minimize the impact of any
outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter 114, article V, a planting
bed, eight feet in width,to be measured perpendicular to the exterior of the screening
structure shall be established with the following:
1. One native canopy tree for every 25 linear feet of screening structure;
2. One understory tree for every ten linear feet of screening structure and the required
trees shall be evenly distributed throughout the planting bed;
3. The planting bed shall be installed as set forth in chapter 114, article IV; and
4. A solid fence may be required upon determination by the planning director.
( Ord. No. 006-2016 . § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020 . § 1, 2-19-2020, eff. 6-4-2020)
about:blank 2658
EXHIBIT 3
0)
LO
to
N
7
2
3 MONROE COUNTY, FLORIDA
4 DEVELOPMENT REVIEW COMMITTEE
5 RESOLUTION NO. DRC I.2-23
6
7 A RESOLUTION BY THE DEVELOPMENT REVIEW
Is COMMITTEE RECOMMENDING APPROVAL OF AN
9 ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
to COMMISSIONERS AMENDING THE M NR E COUNTY LAND
II USE DISTRICT (ZONING) MAP FROM IMPROVED
12 SUBDIVISION WITH THE MASONRY SUBDISTRICT
13 INDICATOR (IS- ) TO MIXED USE (MU) FOR PROPERTY
14 LOCATED AT 103301 OVERSEAS HIGHWAY, KEY LARGO,
15 MILE MARKER 13, HAVING PARCEL IDENTIFICATION
16 NUMBER 00472 I.0® 0000 ,AS PROPOSED BY IRWIN HOLDINGS
17 103301, I.,I,C, PROVIDING FOR ISEVERAIIII.,ITY, PROVIDING
18 FAR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
19 FOR TRANSMITTAL TO THE STATE LAND PLANNING
20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FAR
21 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
22 PROVIDING FOR AN EFFECTIVE DATE (FILE 202 - 7)
23
24
25
26 WHEREAS, on April 27, 2023, the Planning and Environmental Resources Department
27 received an amended application from Irwin Holdings 103301, I_,I.,C (the "Applicant") to amend
28 the Conroe County Land Use District (Zoning) map from Improved Subdivision-Masonry (IS-1 )
29 to fixed Use (MU) for property located at 103301 Overseas Highway, Ivey ]Larger (the
30 "Property");); and
31
32 WHEREAS, the Applicant has also requested a corresponding Future Land Map (F]LUM)
33 amendment for the subject property from Residential Medium (RM) to fixed Use/ Commercial
34 (MC); and
3.5
36 WHEREAS, the Monroe County Development Review Committee (ITQ considered the
37 proposed wrap amendments at a regularly scheduled meeting held on the 271h day of June 2023;
38 and
39
40 WHEREAS, the Memorandum dated Jame 15, 2023 completed by Devin Tolpin, A:IC'P,
41 Cl"M, Principal Planner and Cheryl Cioffari, AIC P, Assistant Director of Planning, recommends
42 approval of the proposed I..,and Use District map amendment-, and
Resolution No. DRC 12 23
File 2022-187 'acre I of 2
C)
cfl
cfl
C14
1 WHEREAS, based upon the information and documentation submitted, the Development
2 Review Committee Chair found:
3 1. The proposed LUD amendment is not anticipated to adversely impact the community
4 character of the surrounding area;
5 2. The proposed LUD amendment is not anticipated to adversely impact the
6 Comprehensive Plan adopted Level of Service (LADS);
7 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
8 of the Monroe County Year 2030 Comprehensive Plan;
9 4. The proposed LUD amendment is consistent with the Key Largo Livable
10 CommuniKeys Plan;
11 5. The proposed LUD amendment is consistent with the Principles for Guiding
12 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
13 and
14 6. The proposed LUD amendment is consistent with Part 1I of Chapter 1.63, Florida
15 Statutes (F.S.).
16
17 NOW THEREFORE, BE IT RESOLVE,D BY THE DEVELOPMENT' REVIEW
18 COMMITTEE Off'MONK OE COUNTY, .FILORIDA that the information provided in the staff
ig report and discussed at the June 27, 2023 meeting supports the Chair's decision to recommend
20 approval to the Planning Commission and Board of County Commissioners.
21
22 Date
........ ..............
23 Emily Schemper, AlCP, CFM
24 Senior Director of Planning & Environmental Resources
25
26 1 HEREBYCERTEFY that on this day before me, an officer duly authorized in the State aforesaid
27 and in the County aforesaid, to take acknowledgments, personally appeared Emily Schemper, to
28 me known to be the person described in and who executed the foregoing instrument and she
29 acknowledged before me the she executed the same.
30
31 WITNESS my hand and official seal in the County and. State last aforesaid this day of
32 2023.
33 L-me
34 NOTAR.. PUBLIC S "E OF FLORIDA
IJRXy t
Notary
tCaorym mP u,H bEIkxEp
A�rsGetsUa LtOecA to
f3 R1,o2d0
d2a
CommNsion N HH 030716
BorvW through 1Y4wonal Notary Assn.
Resolution INo, DRC 12-23
He 2022....187 Page 2 of 2
I ,
1
2
3 MONROE COUNTY, FLORIDA
4 MONROE: COUNTY PLANNING COMMISSION RESOLUTION NO. 1130- .
5
6 A RESOLUTION 13Y THE MONROE COUNTY PLANNING
7' COMMISSION RECOMMENDING APPROVAL OF AN
ORDINANCE AMENDING THE MONROE1; COUNTY LAND USE
rt DISTRICT (ZONING) MAP FROM IMPROVED, SUBDIVISION
10, WITH THE MASONRY SUBDISTRICT INDICATOR (IS-M) TO
1 1 MIXED USE (1w IJ) FOR I'Ia:C1yI'ERTY LOCATED AT 1113 111.
12 OVERSEAS RSEAS HIGFIWAY, KEY LA110-1 ), MILE MARKER 103,
1:3 CURRENTLY I-IA''VINCa I'ItCIP11'RT'Y IDEfN'I'IFICA"TION NUMBER
14 00472 10-TwIIIf000, AS PROPOSED BY ITTWIN HOLDINGS 103301,
15 LLC PROVIDING FOR SEVER ABILITY; PROVIDING FOR
16 REPEAL OF CONFLICTING PROVISIONS;VISIONS; PRO VIDINC FOR
1.5 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
18 AND, THE SECRETARY TARY OF STATE; PROVIDING FOR
19 AMENDMENT TO THE LAND USE DIS1,11ICT ('ZONING) MAP;
20 PROVIDING FOR AN EFFECTIVE DATE'.
21
22
25 WHEREAS, on April 27, 2023, the Morro (..0L111ty Planning and Environmental
24 ReSOUrces Department received an amended application 1`rom Irwin l oldings 103301, 1,1,C (the
25 "Applicant") seeking to amend the Monroe COU11ty CJmid Use District (W.LUD") Map 1't°om
26 Improved Subdivision-Masonry ("IS-M-) to Mixed Use e ("MU") for property located at 103301
22 Overseas 11i1 havay, Key Largo (the. "Property")I; and
2
29 WHEREAS, the Applicant has also requested a corresporidirr, 1°`uture Land Use Map
30 ("I'L 1M") aaraendulent' 66r the Property from Residential Medium ("RM") to Mixed Use .r
31 ('ornmercial ("MC""), and
32
3.3 WHEREAS, the Monroe, County Development Review Committee ("DRC").... considered
:34 the proposed rime amendments at a regularly scheduled ineeting field on June. 27, 2023; and
:35
26 'WWtI REAS, arri hMe 29. 2023, the Chair o1'the DRC signed Resolution Nos. D C:" 12-2 3
52 and DRC 1 1-1 1, recommending APPROVAL of the proposed amendments to the 1,arrd Use
.3tt District Mali and Future 1-and l..lse Map to the, Plannin C'onimissiorr and. Board of County
39 Commissioners, and
' Monroe County Planning and Fnvirornnnntnl Resources Depar•nnent File No. 2022-187.
' Monroe County Manning and 'Gnvironrr mail Resources Department File. No.2025-0 1.
1 of-3
2661
I WHEREAS, on June 27, 2023,, the Applicant field a. community rneeting, as required by
2 Monroe County t,arid Development Code (TDC... or "Code") Section 102-158(a) to discuss the
3 proposed land (Jse District Map amendment and the corresponding proposed I'l,UM arricndnient.,
4 and provide f6r public participation; and
5
6 WtIEREAS' , the Memorandum dated July 20: , 2023 conipleted by Principal Planner Devin
7 Tolpin, A.I.C,11,, C.F.M., and Assistant Director of Planning Cheryl (..i()ff'Uri, A.I.C.p.,
8 recornmenols, approval of the proposed 1-and Use District M.ap amendment-, and
9
10 WHEREAS, the, MOM-0C County Planning Commission ("Plarming Commission"') field a
I I public hearing on the 23rd day of"August., 2023. lbr reviem,, and recommendation on the proposed
12 1,and (,Ise District. Map amendment; and
t 3 WHEREAS, based upon the information and dOCUrnentation submitted, the Planning
14 ('orninission found:
15
t6 I. The proposed 1111) aniendment is riot anticipated to adversely impact the community
17 character of the Surrounding area;
t8 2 The P.)posed lJJD amendment is not anticipated to adversely impact the
19 Cornpreliensivc Plan adopted level cat Service (l..,0S");
20 3. The proposed LIJD amendirient is, consistent with the Goals, Objectives and Policies
21 ofthe Monroe (,'01111ty Year 2030 Comprehensive Plan,
?2 4, The proposed 1AJD atilendment is consistent v,wJth the Key Largo livable
23 CornmuniKeys Plan;
eat5, rl lie proposed 11,11) amendment is consistent with the Principles f(.)r Guiding
25 Developnient for the I'lorida Keys Area. 11a. Stat. § 380,0,552(7); and
26 6, The proposed IJJD ainendinerit is consistent with part 11 of,' C'hapter 16'.'), Florida
27 Statutes;
28
29 NOW THEREFORE, BE rr RESOLVED BY THE PLANNINC', COMMISS ION' OF
30 MONROE COUNTY, FLORIDA:
31
32 section I. Recitals. The foregoing recitals, findings of fact, and conclusions oflaw are
33 true and correct and are hereby incorporated as it' fully set I orth herein, and the record of this
34 proceeding is hereby incorporated as if'fully stated herein.
35
36 Section 2. 'he Monroe County Planning Commission has considered the entirety of
37 the record before it.
A
.19 Section 3. The Monroe C"011rity Planning Conimission concurs with the detailed
40 recornmendatiom(s), findings and conclusions offbet and law of the Monroe County Planning and
41 Frivironniental Resources Department's professional staff, including but not limited to tile
42 testimonial and docuitientary findings and conclusions of 11,ict arid law of the Deparinient's
43 testifying pr0(eSSi(r)nal staff'and the Department's professional staff report,. and adopts these, as
4,1 additional finclings of Fact,and conclusions of law of the Planning ornmission's own,
45
2 of 3
2662
I Section 4. Following considered review of the Full record betbre it, based upon
2 competent substantial evidence in the record, more partiCUlarly referenced above in the Foregoing
3 prefatory and operative recitals. prefatory and operative findings of fact, and prefatory and
4 operative conclusions of law, all detailing said evidence,, the Monroe (.'01111ty Planning
5 0mvirnission hereby recornniends, APPROVAL of the proposed Land Use District Map
6 Arnendnient to the Monroe ('OUnty Board OfT(Writy ('ornmissioners.
7
8 Section 5. Construction and Interpretation. '11 1 his Resolution and its, interpretation
shall be liberally coristrued in favor of the Monroe County, Planning Commission and Monroe
I o ('ounty Board of ("ourity C'ornnnssioners ('*B(.)C(,*') and such interpretation shall be entitled to
1 i great weight in adversarial administrative proceedings, at trial, on appeal, and in any/all
12 bankruptcy proceedings. The interpretation of'Monroe County Comprehensive Plan provision(s),
3 f1orida Building ode, 14orida, Statutes, and Monroe OUnty (,'.ode(s) provision(s) whose
14 interpretation arises out of, relates to, or is interpreted in connection with this Resolution shall be
15 liberally constrUed and enforced in favor ofthe Monroe County Planning ( omrnission and BOC(
d6 and Such interpretation shall be entitled to great weight in adversarial administrative proceedings,
17 at trial, on appeaL and in bankruptcy proceedings.
18
19 Section 6. Captions and Paragraph Headings. ('aptions and paragraph headings,
20 where used herein, are inserted fior convenience only and are no,( intended to descriptively firnit
21 the scope and intent of the particular paragraph or text to \A,,hich they refer,
22
23 PASSED AND ADOP'FED BY THE PLANNINC COMMISSION of Monroe G)unty,
24 Florida, at as regular triecting field on the 23 d day ot'August, 2023.
25
26 Joe Scai-l.)elli, ('hair YES
27 Ron Dcnies, Vice flair- KIES
2�8 George Neu gent. (-'otrunissioner YF"s
2�9 Rosemary Thomas, ('ornmissioner `t"'ES
30 1)avid Ritz, (..'orrinlissioner NTS
31
32 PLANN ING C IOM SS MIIO O M N F ONR F OE CO N'I'Y', LORIDA
0
33
34 f3y S2
35 Mo rin ri�g o%n li,'sion hair.foc Scarpelli
16
37 Signed this day of' 2023
�38
UE AGAA
19
� 't NDtary Pub4c-State of Norida
030716
t 31�2U24
CcmrnBWon#H�:H!
40 0
,dfl My Comm.Exp9res Oct�31,2024
41 Bonded thro,ulh Naflona[Notairy Assn, NO'FXRry �1�BLTC STA' '11 OF FLORIDA
42
43 Monroc ("ounty Planning ('onnnission Counsel
44 A roved As' 'I"o �'prn'i FILED wrrl-i THE
45
46
47 (911fe, E'sq UG 3
48 Date: <
3 ot'3 AGENCYCLERK
2663
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Exhibit 1 to Ordinance# -2024
0 47281 0-000000
SNAPPER AVE
0
SE MARLINAVE
Cj -
TRANSYLVANIAAVE
0
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land in Key Largo having Parcel Identification Number
00472810-000000 from Improved Subdivision Masonry (IS-M)to Mixed Use (MU) N
2665
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 LAND USE DISTRICT ("LUD") MAP FROM
14 IMPROVED SUBDIVISION- MASONRY ("IS-M") TO MIXED USE
15 ("MU") FOR PROPERTY LOCATED AT 103301 OVERSEAS
16 HIGHWAY, KEY LARGO, MILE MARKER 103, CURRENTLY
17 HAVING PROPERTY IDENTIFICATION NUMBER 00472810-
18 000000; AS PROPOSED BY IRWIN HOLDINGS 103301, LLC;
19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
20 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 LAND USE DISTRICT ("LUD") MAP;
24 PROVIDING FOR AN EFFECTIVE DATE.
25
26
27 WHEREAS, on April 27, 2023, the Monroe County Planning and Environmental
28 Resources Department ("Department") received an amended application from Irwin Holdings
29 103301, LLC ("Developer" or the "Applicant') seeking to amend the Monroe County Land Use
30 District ("LUD") Map from Improved Subdivision-Masonry ("IS-M") to Mixed Use ("MU") for
31 property located at 103301 Overseas Highway, Key Largo (the "Property"); and
32
33 WHEREAS, the Applicant has also requested a corresponding Future Land Use Map
34 ("FLUM") amendment for the Property from Residential Medium ("RM") to Mixed Use /
35 Commercial("MC"); 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 Land Use District Map amendment and the corresponding FLUM amendment, and
40 provide for 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 Resolutions No. 12-23
46 and No. 13-23, recommending APPROVAL of the proposed amendments to the Land Use
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I District ("LUD") Map and Future Land Use Map ("FLUM") to the Monroe County Planning
2 Commission and Monroe County Board of County 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 Nos. P30-23
9 and P31-23 recommending APPROVAL of the proposed amendments to the Land Use District
10 ("LUD") Map and Future Land Use Map ("FLUM") to the Monroe County Board of County
11 Commissioners; and
12
13 WHEREAS, at a regularly scheduled meeting held on March 20, 2024, the Monroe
14 County Board of County Commissioners ("BOCC", "Board", "Monroe County", or the
15 "County") held a duly noticed public hearing, considered the professional staff report and
16 recommendation, and provided for public comment and public participation in accordance with
17 the requirements of state law and the procedures adopted for public participation in the planning
18 process; and
19 WHEREAS, based upon the documentation submitted and information provided,
20 including but not limited to the documentation and information furnished in the Department's
21 professional staff report, the BOCC hereby makes the following findings of fact:
22
23 1. The proposed LUD amendment is not anticipated to adversely impact the community
24 character of the surrounding area;
25 a. As required by Monroe County Land Development Code Section 102-158, the map
26 amendment does not relieve particular hardships, nor confer special privileges or
27 rights on any person, nor permit an adverse change in community character, as
28 analyzed in the Monroe County Year 2030 Comprehensive Plan;
29 b. As required by Monroe County Land Development Code Section 102-158(d)(7)b.,
30 the map amendment is needed due to new issues and recognition of a need for
31 additional detail or comprehensiveness; and
32 2. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
33 of the Monroe County Year 2030 Comprehensive Plan;
34 3. The proposed LUD amendment is consistent with the Principles for Guiding
35 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
36 and
37 4. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida
38 Statutes.
39
40 WHEREAS, based upon the documentation received and information provided in the
41 accompanying Department professional staff report, the BOCC makes the following findings of
42 fact:
43
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I 1. Prior to the 1986 adoption of the County's current land development regulations and
2 their associated land use district maps, the Property was within the BU-1 district
3 (light business district) zoning district; and
4 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
5 for all areas of the unincorporated county, and the Property was given the zoning
6 designation of Improved Subdivision ("IS") with the masonry subdistrict indicator
7 added in 1988 ("IS-M"); and
8 3. The proposed map amendment is consistent with the provisions of the Monroe
9 County Code(s):
10 a. As required by Monroe County Land Development Code Section 102-158, the
11 map amendment does not relieve particular hardships, nor confer special
12 privileges or rights on any person, nor permit an adverse change in
13 community character, as analyzed in the Monroe County Year 2030
14 Comprehensive Plan;
15 b. As required by Monroe County Land Development Code Section 102-
16 158(d)(7)(b.), the map amendment is needed due to new issues which arose
17 after the application of the existing boundary; and
18 4. The proposed map amendment is consistent with the provisions and intent of the
19 Monroe County Year 2030 Comprehensive Plan:
20 a. The Mixed Use ("MU") Land Use District ("LUD") with the proposed Mixed
21 Use/Commercial("MC")Future Land Use Map designation is consistent with
22 the respective density and intensity standards as set forth in Policy 101.5.25;
23 b. The Mixed Use (MU) Land Use District ("LUD") corresponds with the
24 proposed Mixed Use/ Commercial ("MC") Future Land Use Map ("FLUM")
25 designation, as set forth in CP Policy 101.5.6;
26 c. The proposed amendment is not inconsistent with the Key Largo Livable
27 CommuniKeys Plan; and
28 5. The proposed map amendment is consistent with the Principles for Guiding
29 Development in the Florida Keys Area of Critical State Concern;
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 February 27, 2024-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 Monroe County Land Use District("LUD") map is hereby amended
5 as follows:
6
7 The property located at 103301 Overseas Highway, Key Largo, is
8 changed from Improved Subdivision-Masonry ("IS-M") to Mixed
9 Use ("MU") as shown on Exhibit 1, attached hereto and hereby
10 incorporated herein as if fully stated herein.
11
12 Section 5. Construction and Interpretation. The construction and interpretation of
13 this Ordinance and all Monroe County Comprehensive Plan provision(s),
14 Florida Building Code, Florida Statues, and Monroe County Code
15 Provision(s) whose interpretation arises out of, relates to, or is interpreted
16 in connection with this Ordinance shall be liberally construed and
17 enforced in favor of Monroe County, and shall be construed in favor of the
18 BOCC and such construction and interpretation shall be entitled to great
19 weight in adversarial administrative proceedings, at trial, bankruptcy, and
20 on appeal.
21
22 Section 6. No Liability. Monroe County expressly reserves in no way shall be
23 deemed to have waived, for itself or for its officer(s), employee(s), or
24 agent(s), any sovereign, governmental, and any other similar defense,
25 immunity, exemption, or protection against any suit, cause-of-action,
26 demand, or liability.
27
28 Section 7. Severability. If any provision of this ordinance, or any part or portion
29 thereof, is held to be invalid or unenforceable by any administrative
30 hearing officer or court of competent jurisdiction, the invalidity or
31 unenforceability of such provision, or any part or portion thereof, shall
32 neither limit nor impair the operation, enforceability, or validity of any
33 other provision of this ordinance, or any remaining part(s) or
34 portion(s)thereof. All other provision of this ordinance, and remaining
35 part(s) or portion(s) thereof, shall continue unimpaired in full force and
36 effect.
37
38 Section 8. Repeal of Inconsistent Provisions. All ordinances in conflict with this
39 ordinance are hereby repealed to the extent of said conflict. The repeal of
40 an ordinance herein shall not repeal the repealing clause of such ordinance
41 or revive any ordinance which has ben repealed thereby.
42
43 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of
44 the Secretary of the State of Florida and shall become effective as
45 provided by law.
46
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I Section 10. Inclusion on the Monroe County Code's Official Land Use District
2 Map. The provisions of this Ordinance shall be included and incorporated
3 on to the Official Land Use District Map of Monroe County.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on the 20th day of March , 2024.
7
8
9 Mayor Holly Merrill Raschein
10 Mayor Pro Tem James Scholl
11 Commissioner Craig Cates
12 Commissioner Michelle Lincoln
13 Commissioner David Rice
14
15
16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COUNTY, FLORIDA
18
19 BY:
20 MAYOR HOLLY MERRILL RASCHEIN
21
22 (SEAL) MON190E COUNTY ATTORNEY
Y
23 �:o QED OS a0, o 1
24 ATTEST: KEVIN MADOK, CLERK
25
26
27 AS DEPUTY CLERK
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