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02/15/2024 Special MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Thursday, February 15, 2024 Key Largo, Florida& Via Communication Media Technology A special meeting of the Monroe County Board of County Commissioners convened at 10:00 a.m. at the Murray Nelson Government Center in Key Largo, and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle Lincoln, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Holly Raschein. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to grant approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PUBLIC HEARING B 1 Devin Tolpin, Planning and Development Review Manager, gave a Power Point Presentation, Tavernier Commercial Overlay District, regarding an Ordinance amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith Hawks PL on behalf of Cemex Construction Materials Florida, LLC. Bart Smith,representing the Applicant's Agent, Smith Hawks PL, gave a Power Point Presentation, Singletary Concrete Products Inc's and Cemex Construction Materials Florida LLC. Emily Schemper, Senior Director of Planning and Environmental Resources; Peter Morris, Assistant County Attorney; and Bob Shillinger, County Attorney, addressed the Board. The following individuals addressed the Board: Joan Schulz, on behalf of Richard Baretto, President of the Tavernier Community Association; Judy O'Hara Vetrick; Deb Olds-Dudek; Karen Rodriguez; Rick Richter; Linda Sullivan; Angela Sayre; Jana Fly; Kate DeLoach; Pely Perez; Dr. Tina Cash; Linda Popp; Page Giacin; Chris Hoguet; Erin Muir; Jim Bell, representing Tavernier Ocean Shores; Burke Cannon; Angelica Litteken; Beau Daigneault; Dottie Moses, representing Island of Key Largo Federation of Homeowner Associations and Last Stand; Helen Shinners, representing Hammer Point Owners Association; James Anderson; Nancy Diersing; Melissa Kozak; Barbara Overton; David deHaas Grosseck, representing DeHaas Consulting & Design; Bette Brown, representing Mariners Hospital; Andrew Tobin, representing Tavernier Community Association; and Rebecca Jetton, representing Tavernier Page 11 2/15/2024 Community Association. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Rice to adopt the following Ordinance, as modified to include: Section 130-143. Tavernier Commercial Overlay District (c) Applicability.Development within the Tavernier Commercial Overlay District shall be subject to the following standards: 1. An amendment to the Official Land Use District Map is required and such overlay shall be shown on the Official Land Use District Map. 2. The development of a single nonresidential structure that contains more than 10,000 square feet within the Overlay District shall be subject to the terms and conditions of an approved Development Agreement as defined in sections 110-132, 110-133, and must include: a. Provisions for the development of 86 workforce housing dwelling units on site. The distribution of said workforce housingunits nits (low, very low, median and moderate) provided on site shall be memorialized and provided for in the Development Agreement; and b. Preferred leasing standards for essential workers of the workforce units; and c. An approved site plan that includes the following in addition to all site requirements in accordance with the Land Development Code: i. A pedestrian walkway connecting the nonresidential parking area to the right of way known as Orange Blossom Road. Required lighting for the pedestrian walkway must be in compliance with Chapter 114, Article VI. ii. If outdoor lighting is proposed, in addition to all requirements of Chapter 114, Article VI, such lighting shall be designed and located such that the maximum illumination measured in footcandles at any exterior property line adjacent to residential uses, not included in this overlay, shall not exceed zero (0) for cutoff and noncutoff lights, with the exception of the pedestrian walkway or any lighting required for life safety, as provided by Monroe County. d. A traffic safety analysis completed as part of the required Traffic Study. 3. All property lines adjacent to U.S. 1 shall provide a Class E Scenic Corridor Buffer. 4. All development shall be permitted in accordance with the permitted and conditional use requirements of Chapter 130, Article III, Permitted and Conditional Uses. 5. Industrial uses are not permitted within the Overlay. Notwithstanding the preceding sentence, industrial uses determined to be lawfully nonconforming existing uses within the Overlay are permitted to remain, and operate,until such time as a building_permit is issued for the nonresidential structure of more than 10,000 square feet. ( fntist be pr-ovided en site eensisting of 0 tints) vepfneeme, 0 0tt*its) 0tt*its) . No building permit shall be issued for a structure receiving an NROGO Allocation or transfer that would expand a nonresidential structure within the Overlay to more than 10,000 square feet unless and until building permits for all 86 workforce housing units have been issued. Page 12 2/15/2024 (h) Prior to the issuance of a Certificate of Occupancy for a nonresidential structure that is more than 10,000 square feet: 1. At least 50% (43) of the required 86 workforce housing units must have received a Temporary Certificate of Occupancy; and 2. All required 86 workforce housing units must have received approved foundation inspections. Roll call vote was taken with the following results: Commissioner Cates No Commissioner Lincoln Yes Commissioner Rice Yes Commissioner Scholl Yes Mayor Raschein Yes Motion carried. ORDINANCE NO. 004-2024 Said Ordinance is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Liz Yongue, D.C. Page 13 2/15/2024