Item O6 06
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
April 17, 2024
Agenda Item Number: 06
2023-2376
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Peter Morris
No
AGENDA ITEM WORDING: Approval of a Settlement Agreement by and between Monroe
County, Florida, and Pirates Cove Property Owners and Boating Association, Inc., et al. and
authorization for the County Attorney or his designee to execute that agreement.
ITEM BACKGROUND:
This is an agreement to settle litigation between Monroe County("County") and all named petitioners
adverse to the County in Pirates Cove Property Owners and Boating Association, Inc., et al., v. Monroe
County, Florida, et al., Circuit Court Case No. 23-CA-0365-P. In short, the agreement relates to a non-
use variance that was once approved for what is now a functionally abandoned development project that
had sought to construct a gas station on that certain property bearing a current address of 98200
Overseas Highway, Key Largo, and presently having Monroe County Property Appraiser's Office
property record card 00519590-000000. The salient background of and terms achieved by this
agreement are as follows:
The above-referenced project required Monroe County Planning Commission approval of both�1)a
major conditional use permit application and W an application for a non-use variance relating to access
standards under Chapter 114, Article VII, of the Code.
At a public meeting of the Monroe County Planning Commission held on January 25, 2023, the
Planning Commission("PC") denied the request for major conditional use permit approval pursuant to
PC Resolution No. P19-23 and approved the non-use variance pursuant to PC Resolution No. P18-23.
No appeal was taken of the Planning Commission's denial of the request for major conditional use
approval. As a result the above-referenced project was functionally abandoned. Despite that, a petition
for writ of certiorari seeking quashal of the Planning Commission's resolution approving the subject
non-use variance was filed in the Circuit Court for the 16th Judicial Circuit.
The attached Settlement Agreement provides for voluntary mutual agreement by and between Monroe
County and Petitioners for entry of an order(s) for dismissal and quashal of the Planning Commission
Resolution that had approved the non-use variance (PC Reso. No. P18-23).
3544
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Settlement Agreement.pdf
FINANCIAL IMPACT:
N/A
3545
IN THE CIRCUIT COURT FOR THE 16T" JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
PIRATES COVE PROPERTY OWNERS AND
BOATING ASS'N, INC., ET AL.,
Petitioners, Case No. 23-CA-0365-P
V. Hon. Timothy J. Koenig
MONROE COUNTY, FLORIDA, ET AL.
Respondents.
SETTLEMENT AGREEMENT
Pirates Cove Property Owners and Boating Association, Inc., Landings of
Largo Condominium Association, Inc., Alice Gahagen, George Rhyne, John
Gibson, Joe Harris, Jr., Jeanne Carballo, William Wrublevski, Jodiene
Koblenzer, Julie Berry, Donald Bower, Jr., Joann Smenda, Dorothy Mueller,
Leslie Patterson, Charles Gomez, and Kevin Rowe ("Petitioners") and
Monroe County, Florida ("Respondent")', hereby agree to forever settle the
claim(s) of Petitioners and resulting expense and liability to the Parties,
described more fully below as follows:
1 . Consent to Forever Quash Planning Commission Resolution No.
18-23:
i Petitioners and Respondent shall hereafter be collectively referred to as "the Parties".
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3546
A. On or about April 281", 2023, the Chair of the Monroe County
Planning Commission executed approval Planning Commission
Resolution No. 18-23 which approved a "Non-Use Variance to the
Access Standards Required Under Chapter 114, Article VI I, of the
Monroe County Code Resulting in Two (2) Access Drives on the
Subject Property That Are Spaced Less Than the Required Distance
of 245 Feet From Adjacent Curb Cuts on U.S. Highway 1 . The
Subject Property Is Described as Lots 1 Through 6, Block 1 , Rock
Harbor Estates, According to the Plat Thereof, As Recorded in Plat
Book 3, At Page 187, of the Public Records of Monroe County,
Florida, Currently Having Property Identification Number 00519590-
000000." The subject Planning Commission is attached hereto and
shall hereafter be referred to as the "Planning Commission
resolution".
B. The Petitioners subsequently filed a Petition for Writ of Certiorari
requesting quashal of this Planning Commission resolution.
C. The Parties mutually consent to quashal of this Planning
Commission resolution.
D. The Parties have entered into this Settlement Agreement knowingly,
freely, voluntarily, not under coercion or duress, and in good faith,
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3547
and agree that each party shall bear its own attorneys' fees, costs,
and expenses arising out of, in connection with, or related to this
dispute, whether such expenses, fees, or costs have been incurred
prior to the execution of this Settlement Agreement or will be
incurred after its execution.
E. Each party agrees that it shall not initiate any administrative
proceeding(s), file a legal action(s), or seek damages or relief of any
kind against the other in connection with, related to, or arising out of
this Planning Commission resolution following the Circuit Court's
entry of orders approving this Settlement Agreement and quashing
this Planning Commission resolution, and release each other from
any and all liability related to, in connection with, or arising out of this
Planning Commission resolution, and hold each other harmless in
connection with, related to, or arising out of this Planning
Commission resolution following the Court's entry of orders
approving this Settlement Agreement and quashing this Planning
Commission resolution.
F. This Planning Commission resolution, upon quashal by the Circuit
Court, shall forever be deemed quashed and unenforceable following
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the Court's entry of its order quashing the subject Planning
Commission resolution.
2. Stipulation to Dismissal. The Parties hereby stipulate to entry of
orders approving this Settlement Agreement, quashing this Planning
Commission resolution as provided herein, dismissing this action and
closing this case.
3. Choice of Law; Governing Law; Jurisdiction; Venue. This
Settlement is not subject to arbitration and shall be governed by, and
construed and enforced in accordance with, the laws of the state of
Florida, and venue for all claims, controversies, or disputes relating to
this Settlement shall remain in the Circuit Court of the 16t" Judicial
Circuit in and for Monroe County, Florida.
4. Binding Effect. It is agreed and understood that this Settlement shall
be and is forever binding upon the Parties, as well as upon their
successors-in-interest and/or successors-in-title.
5. Inconsistency, Partial Invalidity, Severability, and Survival of
Provisions. If any condition, provision, reservation, restriction, right, or
term of this Settlement or any portion(s) thereof, is/are held invalid or
unenforceable by any administrative hearing officer or by a court of
competent jurisdiction, the invalidity or unenforceability of such
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3549
condition, provision, reservation, restriction, right, or term, or any
portion(s) thereof, shall neither limit nor impair the operation,
enforceability, or validity of any other condition, provision, reservation,
restriction, right, term, or any remaining portion(s) thereof. All other
conditions, provisions, reservations, restrictions, rights, terms, and
remaining portion(s) thereof shall continue unimpaired in full force and
effect.
6. Integration. This Settlement constitutes the entire Settlement and any
representation or understanding of any kind preceding the date of the
parties' written final approval of this Settlement not specifically and
expressly memorialized herein is not binding on the Parties except to
the extent that it has been specifically and expressly memorialized in
this Settlement.
7. Corporate/Organizational Authority. Monroe County authorizes the
Monroe County Attorney and counsel of the County Attorney's Office
representing Monroe County to execute this Settlement Agreement on
its behalf following the Board of County Commissioners' approval of this
Agreement at a duly noticed public meeting. The Petitioners and
Monroe County each warrant to the other that its approval, execution,
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and performance of this Settlement has been duly authorized by all
necessary and/or required corporate and other organizational action.
8. Execution in Counterparts. The Parties acknowledge and agree that
this Settlement may be executed in one or more counterparts, each
counterpart shall be considered an original portion of this Settlement,
and all of which shall constitute a single instrument.
9. Effective Date. Once fully and finally executed by the Parties, this
Settlement shall be considered legally effective and binding on the
parties, including upon their successor(s)-in-interest and/or
successor(s)-in-title.
ON BEHALF OF RESPONDENT MONROE COUNTY, FLORIDA:
Peter H. Morris Date
Assistant County Attorney
FBN: 104101
� Ir`Ir`II lPc �"Ir` CIRM
C.... r`c "C Irk' ��,,,„ � COUNTY � r
Monroe County Attorney s Office ; 4,z,4
1111 12th Street, Suite 408
Key West, FL 33040
Telephone: (305) 292-3470
Telefax: (305) 292-3516
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3551
WITNESSES TO ALL:
Witness No. 1 (Print Name) By: Andrew Tobin, Esq.
On Behalf of Petitioners
Witness No. 1 (Signature)
Witness No. 2 (Print Name)
Witness No. 2 (Signature)
STATE OF FLORIDA
COUNTY OF
The foregoing Settlement Agreement was acknowledged and attested before
me this day of , 2024, by
who is personally known to me or produced
as proof of identification and did take an oath.
Notary Public (Print Name) Notary Public (Signature)
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2 P
1
DO
:5
6 MONROE rC."C1I.iN"I'Y, FLORIDA
3 PLANNING, C"'CI!MMIS lON RESOLIJ I'IC)N NO. 148-2
8
9 A RESOLUTION TIO BY 'THE MlprNROE, COUNTY PLANNING
10 COMMISSION API'"t OVINC( ">I"ttE APPLICATION REQUESTING
t APPROVAL OF A NON-USIO VARIANCE TO THE ACCESS
li
12 STANDARDS REQUIRED 1.1N1)ER C HAPI ER 114, ARTICLE V11, 4.1rE
13 THE MONROE COUNTY CODE RESULTING IN TWO ( ) ACCESS
14 DRIVES ON THE SUBJECT PROPERTY m1Y 'I°HAT ARE St'ACI 1) LESS
12 THAN THE, REQUIRED t IS41A CE OF 245 FEET FROM DJAC'ENT
16 CURB CUTS ON U.S. 111GI1"wVAY 1. THESUBJECT' PI2CIPF,1t`I"4" IS
17 LEGALLY DESCRIBED AS LOTS 1 T1-II OU1-;FI Ca, BLOCK 1C 1, ROCK
18 HARBOR ESTATES, ACCORDINCP TO THE PLAT 'THEREOF", AS
19 RECORDED IN PLAT BOOK 3, AT PAGE 1 7, OF THE PUBLIC;"
20 RECORDS OF MC�NI+kOE COU I''tir', FLORIDA,A, CURRENTLY HAVING
21 PROPERTY I@ENTIFIC:° .TION i"ai1.11"v11$ER 010,519590-"00,0110001.
22
23
24 '4V11F,REAS, on November 18, 2022, the initial application liar. a rarwrr-LISe variance was Submitted
25 by ANia hifiastructure., on behalf ca1'' Daniel Barry lir. & Archer Barry ("the; Applicant"), to allow for.. a.
26 reduction of access standards required pursuant to Code Section 1 14-195, wvas received by the Monroe
2'7 County planning and f"nvironmental 1�esources Department; and
2
29, WHEREAS, during as regularly vchealrrled public rncetin , held era January 25. 2023, the l''w^1c.anaoc
30, County Planning; Commission conducted a review arid consideration ofr i request, for a variance filed by,
3t Axis Infrastructure. can behalf crap' Daniel Barry Jr. and Archer Barry ("the papalicaant"), to allow tor aa.
32 reduction eat'ac.cess standards required pursuant to Code Section 114-195: arid
b3
34 WHEREAS, at the paublic, hearing, field on, ,larauary 25, 202:3. the, applicant wvaas granted aa.
33 ccantiraraan e in order to amend the variance application in response to public cornrnent and Planning
3t1 CIon rnissicrn discussion; aane;l.
:32
att WHEREAS, on March 3„ 2023, an aaniende non-use variance request was received by the
39 Monroe CCrrlaty Planning and l',raviro nnienta'I Resources Depwartnient; arid
40
41 WHEREAS, during as curly m'.at.iced, special public hearing held in Key 1,arrgo can April 28, 2023,.
42 the Monroe County Planning Commissiora ("Planning; Commission-) reviewed arid considered this
43 request f,or a non-use variance piled by Axis hilfrastructure, on lwehaall" of Daniel Barry Jr. arid ,p"�rcher
44 Barry, (""the prop-Slicant"), to allow leer a rcclucticwn of 2t.11.5 feel and 199.8 Meet reduction of the niinirnum
Monroe Comity llkrm a n azarrcl Resources Department File No. 2022-2e1Fa.
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3553
I distance between curb cuts to U.S. Ifighway I per the access standards required J)Limiant to Code
2 Section 114-195 1� and
4 WHEREAS, the subJect property is located at 98200 Overseas Highway, Key Largo, and is
5 legally described as Lots I through 6, Block, 1, Rock Harbor t"states, according to file Plat tilereof, as
6 recorded in Plat Book 3, at page 187, of the (A'ficial Records of' Monroe C(c�:mnty, Florida, currently
7 having property identification number 00519590-00(l000; and
WHERJE.,AS, the applicant has applied Cor a non-use variance to the access standards required
W PUBLUIllt UO Chapter 114, Article VII, Land Developnicrit Cocle (I.DC"). 'flee requested variance would
11 allow, for two (2) access drives oil the subject property that are spaced less than the required distance of
12 245 feet frorn ad'Frwent Curb CUt.S in order to redevelop the subject propetly with as 4,730 square foot high
11 intensity convenience store with eleven, (I i) Illeling stations; and
14
1,5 NVHLRFAS, the Planning Commission was 1.)resented with the l"ollowing docurrients and other
16 intbrrnaticm relevant to the reqUCSt. Which by reference is hereby incorporated its part of the record of'
17 said hearing:
18
19 1. AI-TA/MSPS Land "I"itle Survey by Judith 11. McCarrier, P,S.NI.,dated 11/12/2012 1
') Derno & F"rosion ontrol Plan 1, Sheers, IA digitally signed and sealed by Luke Weriletre,
21 11.1'. on 04/11/2023
22 3. Site Plan, Sheet C-2.0, digitally signed and sealed by [,like Wernette, 11.1". can 04/11/2023
23 4. LayOUt [)'],all, Sheet C-2.1, digitally signed and, sealed by Luke Werriette, III oil 04/11/12023
24 5. Fueling truck Turn Plan, Sheer C-2.2, digitally signed and sealed by I-Like Wernette l"J", on
25 04,111/2023
26 6, Traffic Impact Analysis prepared by Kinfley florn, prepared May, 2022, updated Jolly 2022,
77 updated February 2023
28 7. Professional staffi-cport prepared by file Monroe County Planning and I'Invirom-nerital
29 Resources Departnierit professional stalT, dated April 14, 2023- and
08. Sworn testimony of M C Monroe aunty Planning and F,rivironmental ReSOUrCeS Deparurtern,
31 prol"essional staff; and
32 9. Advice and COLHISCI., and/or the views of. Planning CorrinlisSi011 COUIISCI John J. Wolfc, f-I'sq.,
and Peter Morris, Assistant County Attorney, and
14 10, cirnment made by certain members of"the pubfic:
35
36 WHEREAS, tile Planning ornrilission hereby adopts as all appended exhibit of the
37 administrative hearing conducted regarding this application the official ruhlUtes ofthis Illearing attached
38 as F'xhibit "k- hereto, and
40 WHEREAS, the Planning C'murnission accepts all ofthe l'indings of'fact in the Monroe County
41 Plailming and E'rivirortmentat RCSOUrCeS Department's professional staff report, and hereby adopts theme,
42 as the Planning Conimission I s own findings of fact,
43
44 WHEREAS, the Planning Commission accepts all of the COlICIUSiOrIS Of'IaW in the DepartrilenCs
45- professional staff report, and hereby adopts therm as the Planning Coinruission's own conclusions of law;
-16 and
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3554
I WHEREAS. the Planning ( orralikswn accepts all, of the Monroe Cc:LUAY Planning and
2 Environmental Resources Department prol"esskmial stall's fact and expert opinion testimony and hereby
3, adopts his/her/their 1kit and expert opinion testimony on any, and all questions/issues of' fact as the
4 Planning Commission's own findings of fact; and
5
6 W11EREAS, ba,sed upon (lie information and documentation: received, the Planning Commission
7 rnakes the following findings of` act:
8
9 1. 'File subject property is located in the Suburban Corrimercial ("SC") Land Use District
10 (1.114)"); and
11 2, The subject property is located in the Mixed Use Commercial ('MU) FUture Land I lase Map
12 (14,UNT") category; and
13 1 The subject property iis within all area designated Tier III (Infill Area), and
14 4. Pursuant to LDC, Section 114-195 and Chapter 14-97 F.A.G, connections on Access Class 5
15 or("'lass 6 roadways with 45 miles-per-hour (-mph") are to be spaced 245 feet apart, and
16 5. Pursuant lo LDC Secticm 1,02-187, dic Planning Comnlission is authorized to grant as variance
17 in accordance with the standards provided in LDC Section 102-11,87(d); and
18 6 I.DC Section 102-187(d) provides tile fi-illowing eight standards that must Ile met ('car
19 variance application approval by the Planning
21 1) The applicant shall demonstrate a shmving ot'good and sufficient cause,- and
22 (2) Iailure to grant,the variance WOUld result in exceptional hardship to the appkant., and
13 (3) Granting the variance will not reAdt ill increased public expenses, create a threat to
24 pLiblic health and safety, create a public nuisance, or cause fraud or victimization (,)fthe
25 public; and
26 (4) Property has unique or peculiar circumstances, which apply to this property, but which do,
27 not apply to other-properties in file sarne zoning district-, and
28 (5) Granting; the variance will not give The appheant any speic"I lal privdegc denied other
29 properoes in the immediate neighborhood in terms of' the prov"isions of" this chapter 01'
30 established development patterns; and
31 (6) Granting the variance is not based on, disabilities, handicaps or health of the applicant Or
12 membus ot'his or her fiimily-1 and
33 (7) Granting the variance is not based on the dortilestic diffiUiltieS of the applicant or his or.
34 her faintly; and
35 (8) '"I'lie variance is the rilinimurn necessary to provide reliefto the applicant; and
36
37 WHEREAS., based upon the information and documentation received, the Planning; Commission
38 inakes the following conclusion(s) ofla%,v�
39
40 1. The applicant has denionstrated that all of the required standardis enumerated in Monroe
41 C01,111t)' Land Development Code Section 102-1 87(d) have been met,
42
43 NOVV TIIEREFORE. BE 11' RESOLVED 13Y THE PLANNING COMMISSION OF
44 MONROE COIJN,rN,, FLORIDA;
45
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I Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law area true
2 and correct and arc hereby incorporated as it' fiffly set f(mil-i herein, and the record of'this proceeding is
�3� hereby incorporated as it"fully stated herein,
4
5 Settion 2. The Monroe County Planning Coinaiission Naas dU 1 considered the entirety ol'the
6 record bef'ore it.
7
8 Section 3. The Monroe County Planning Commission concurs with the detailed
9 recorl'imendation(s), findings and conclusions of' fact and law of' the Monrt)e County I'llanning and
io Environmental Resources Department's professional Staff, including but 1101, limited to the testimonial
H all(] doCUrnentary findings and conclusions of tact and law of'the Department's testifying professional
12 staff and prof'essional staff'report.
13
14 Section 4. FollIoNving considered rev ievv (:)I' the Rill record before it, based upon competent
ji Substantial evidence in the record, tnc re par-ticularly referenced above in the foregoing prefatory and
)6 operative recitals, prefatory and operative findings, of' fact, and prefiatory and operative conclusions of'
17 kwov, all detailing said evidence, the M0111-OC C"OUllty planning Commission hereby APPR(fVE'S the
18 above-re-ferenced application 1`101- as n0ll-LJSe variance received I'ronn Axis Illfi-aStrUCtUIT, on behalf' of'
19 Daniel Barry Jr. and Archer Harry, to all(,)%N, for as non-use variance to the access standards required
20 purSUallt to Chapter 114, Article VIL LDC that would result in two (2) acce,ss drives on the subject
21 property that are spaced less than the required distance of 245 feet 1rom adjacent Curb CLnS with the
22 following conditions:
23
24 1 This variance approval is based on (lie location ol"the proposed access drives as depicted on the
25 site and layout plans by Luke Weinette, P.E., digimlly signed and sealed on 013/31/2023,
26 SUbinitted with the Variance Application. Work not specified or deviations to, the location of(lie
27 proposed access drives as depicted on the approved plans shall not be carried out without
28 additional Planning & 1"Invironmental ReSOUrces Departi-nent, approval,
29
'I'll's Variance approval does not constitute approval ol'any use of'the subject property and is not
3 1 as final approval for certain deveIopment. The applicant shall obtain a conditional use permit and
,12 building perinins) J'or an)) improvement(s) requiring such all approval,
3 3
3-t 3. phis vai-iance approval does not waive or reduce any other reqL6rernent of'the Land Development
35 Code, Comprehensive Plan, Flotida Building Code, or floodplain management regLikItiOnS, nor
36 does it waive such requirements as applied to any Inture devc1opment.
3 7
38 Section 5. Construction and Interpretation. This Resolution and its interpretation shall be
9 liberally COnStrUed ill favor of the Monroe County planning ('.ommission and Board of' ('ounty
40 Commissioners ("BOCC"') arid such interpretation shall be entitled to great weight in adversarial
41 administrative proceedings, at trial, on appeal, and in any/all bankruptcy proceedings, "I'lle interpretation
,42 of Monroe (."aunty Comprehensive Nan provision(s), Florida Building Codle, Florida Statutes, and
43 Monroe COWAN' Code(s) provision(s) whose interpretation arises out of' relates, to, or is interpreted in
4-1 connection with this ResolUtiOn shall be liberally constrtied and enforced in f'.vor otthe Monroe C"OLHAV
45 planning Corminssion, and BOCC and such interpretation shall be entitled to great weight in adversarial
46 achninistrafive procec(lings., at trial, on appeal, arid in bankruptcy proceedings,
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I Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
2 any provision of this ResolUtiOn, Or any portion thereof', is field to be invalid 01' Unenforceable in or by
3 any administrative hearing officer or couil of competent JU117isdiction, the invalidity Or unent'brceability
4 Of SUCh provision, or any portion thereof, shall neither lit-nit nor impair the operation, enforceability, or
5 val,idity of any other provision of this Resolution, or any remaining portion(s) thereof. All other
6 provisions of this Resolution, and reirtaining portion(s) thereof, shall continue unimpaired in Full force
7' and effect.
8 Section 7. Captious and Paragraph Headings. Captions and paragraph headings. �vhere
9 Used herein, are inserted for convenience only and are not intended to descriptively limit the scope and
10 intent ofthe partiCUlar paragraph or text to which the), refer,
11
12 PASSED AND ADOPTED BY 'THE PLANNING COMMISSION of Monroe County,
13 Florida, at a regular meeting held oil the 28th day of_A4ya, 2021
14
15 Joe Scat-pelli, Chair- YES
16 Ron Dernes, C,orninissioner YES
17 George NCUgCl1t, Commissioner NO
18 Rosernary Thomas, Commissioner YES
19 David Ritz, Commissioner NO
20
21 PLANNING' COMMISSION OFMONROE COUNTV, FLORIDA
22
23 By
24 Monroe C� it g'(,onir ission, Chair .lure; Scarpelli
25
Sig 26 "ned this I �)f 2023
27 LZE AGUILA
28 Notary Pear -State of F joi Ida
0�0716
HH 7024
29 Mi comm Exores Oct
30 de'd throuo Nwona�sotary ASSO
31 19ZE NOTARY PU AC, STATE 011' 1 L,0RIDA
32
33 Monroe COUnt)l I'lanning prove C.°ornrnissioji Counsel
34 d,ASTo I
35 rm FILED WITI-i TFiE
'3'6
37 John J. )NIoKc Esq.
38 Date�
...................
A U G
AGEN C'Y Cd11111..ERj,<,
5 ot'5
3557
Exhibit "A . "
PLANNING COMMISSION
April 28, 21123
IV IV e tarr I lingites
The Planning Commission otMonroe County c(:)nducted a hybrid virtual arid in-person meeting
on FridaY, A Aril 28, 2023, beginning at 10:00 ami.
CALL TO ORDER by C I hair Scarpelli
PLEDGE OF ALLEiGIANCE,
ROLL CALL by Ilzc Aguila
PLAN NIN(Y'.COMMISSION MEMBERS
J(..)c Scarp elli, Chair Present
R(,)n Dertics, Vice Chair Present
George Neugent, Present
David Ritz. Conurrissioner Present
Rosemar y Thom,as, ('011111"Ussioner Present
Douglas Pryor" Ex-Officio Member (M(.'S[)) Absent
Christina ('j,ardner, F`x-Officio Member(NASKW) Absent
STAFF
Etnily Scheniper, Senior Director ot'I'lanning arid, Environmental Resources
Cheryl Cioffari, Assillstant I)irector of"Plarining
Mike Roberts. Assistant Director of[Environmental Resources
Brad Stein, Development Review Manager
DevinTolpin, principal Planner
Peter Morris, Assistant Clounty Attorney
JOlin Woll"e, Planning Commiss4m COLInSell
ll/,c Aguila. Planning Conirnission SUPCINisor
COUNTY RESOLUTION 1,31-92 APPELLANTTO PROVIDE' RECORD FOR APPEAt,
(I OLIIA.)r RCS0111tiOtl 13 1-912 was read into the record by NIr. John NVolfe.
SUBMISSION OF PIZOPERTY POSTING AFFIDANITS AND PHarloGRAPHS
Ms. It Aguila confin-ned receipt of all necessary paperwork. Additional copies of
presentations were also received.
SWEARING OF COUNTY STAFF
County staff was sworn in by Mr. John Wolfe. along with all applicants arid public participants.
,CIIANGESTO THE AGENDA
None. Items I arid 2 read together.
3559
DISCLOSURE OF EX PARTE COMMUNICATIONS
Chair- Scarpell'i disclosed that fie had spoken with, Mi% Bao Srnith i-egar-ding Items I and 2,, and
had r-eceived a lot, ol"cori.espondence concerning Items I and 2 via eniail. This will not affect his
decision tc4ty.
C.ornnriissioner° Ritz stated that lie'd had, nut-net-OLIS CHISCUSS1011S With numerous people onn both
issues. This will not afl`ect his decision today.
Comrlussioner Neu gent stated that he had been to the Cemex site, and spoken with sonic of the
principals involved m Items I arid 2, arid in communication with I'Mks i°egai-ding Itenis 3 and 4,
This will not afrect his decision today.
('oti,itilissiotier'l"'Iia)tyias stated she had received nutriemus C0111MUnications but did not speak Nvith
ThiS NVill 1104 affect, her
Judgment today.
Coj-nnrissioneir E)cmes stated that he had only spoken to two County Conimissionel-s and that
surely would not affect hisjudgmerit today,
APPROVAL OF MINUTES
Not applicable.
Chair Scarpclli announced that public comments ",,ould be lintited to three tirinules to keep
things moving along. If'a piior speaket- has made the same cornnients, that as subsequent speaker
wislics to make, it is acceptable to state that you agee wi I th a prior- speaker- to avoid r-epetition
arid kccp, 1hings, itioving for-ward.
MEETING'
AGENDA ITLMS
1. AN ORDINANCE BY THE MONROE COUNTY BOAM) 01z COUNTY
COMMISSIONERS F,S]"ABLISHING M()'NR(,)F COIJNTY LAND DI-VF1'l,OPMF'1NT CODF
SIECTION 130-143 TA VI- RNlF.R KEY (WE',RLAY JKCO) DISTRICT;
FSTABLISMN(J! PURPOSE AND INIT'NT, 13OUNDARY, APPLIC.ABILITY, NR060
ALLOCATION STANDARDS, AS-OF-RIGFFF AND CONDITIONAL tJSES, AND
MAXIMUM NON RE'SIDE"'NHAL, ANI) RES11.)FINTIAl-, DEM.,"'LOPMENT 1)0111.NTIAL,r,
FOR PROPF',WHE'S LOCkflw'D AT 92501 OVE'IRSLIAS HIGHWAY, KEA' LARGO,
APPROXIM ATELY MARKER 915, HAVING PARCEL IDENT11-I C'A'"I'l ON
NUMBLI'RS 00089490-000000 AND 00490250-00,00001, AS PROF OSI-]) 13Y SMITHAJAWKS,
PI, ON BL"FIALF: OF CEMt:"X 0 N1 STIR! (J 0 N M,ATI"RIALS ILORIDA, LJ-( F/K/A
SIN(JI-FTARY CONCIRF"IF PR(I)DUCTS INC ; PROVIDING FOR SL,'VL`R,ABIL,TI,Y;
PROVIDING FOR RF1'PF"All. 01" CONY'LIC I INCF PROVISIONS, PROVIDING FOR
"FRANSMITFIAL. TO TI-IF, STATE, LAND PLANNING AGENCY AND THE SE'CRETARY
OF STA'IF-, PROVIDING H.)R INCt-USION IN TFIF" MONROU:1 COUNTY CODE:,
PROVIDING UOR AN FFUFIC'TIVI DATFI. (FILL 2022-053)
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2. AN 011DI1` ANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT
(ZONING) MAP TO APPLY THE "FAVERNIER KEY COMMU.RCIAL OVERLAY JKCO)
DISTRIGF, TO PROPER`FY LOCATED AT925011 OVERSEAS HIGI]WAY, KEY LARGO,
APPROXIMATELY MILL MARKER 92.5, CURRENTLY HAVING PARCEL,
IDENTIFI(,',ATION NUMBFRS 00089490-000000 AND 0049(')250-000000 AS PROPOSED
BY CEMEX C'(..)NSTR1,XTI0N MA'I'ERIALS FLORIDA, LLC F/K/A SIN Gil,F"I"FAR Y
CONCRE"I'l' PRO(JCTS INC.; PROVIDING [,"OR SEVE'RABILFFY; PROVIDING FOR
REIPFAL OF ('10NI'Ll(ITING PROVISIONS; PROVIDING FOR T'RANSMITF A L TO 'I I HE
STATE LAND Pl_,ANNIN(4 AGENCY AND THE SECRETARY Ol' STATE4, PROVIDING
FOR AMEN DMENTTO THE LAND IJSE DIS'TRICT (ZONING) MAP; PROVIDING FOR
AN ET"Ff"CTIVE ESA TI . (F ILE 2022-054)
(10-07 a.m.) Ms. Devin "Folpin, Principal Planner, presented the staff report, having worked oil
these items with Ms. Cheryl Goffiari, Assistant Director of Planning. This presentation concerns
a private request to establish the Tavernier Key (''I oi-nmercial Overlay District. The applicant has
applied for a text amendment to tile County's Land Development Code to establish tile overlay,
and an amendment to tile Land Use District Map to actually apply the overlay to tile subject
proper(),,. file overlay proposed shall apply to two contiguous properties aggregated to make Lip
one property at Mile Marker 92 in Tavernier. This property is located within the Suburban
Commercial zoning district, the Mixed Use Commercial FLUM category, and is also located
within the "Tavernier (.'reel: to Mille, Marker 97 U.S. Highway I (,,orridor District or TC overlay.
This property is also subject to the policies and guidelines, provided, in the Tavernier Livable
J
CorninniKeys Plan which is adopted as part ofthe County's Comp Plan.
The proposed arnendi-nent establishes tile overlay district with a purpose, intent, and a boundary,
and requires an amendment to the Land Use District Map to apply the overlay to a new property.
'file arnendment Would also allow for NROGO allocations or transfers of up to 70,000 square
f*eet of floor area which could be used for a single structure. The amendment would limit the
maxinlUrn development potential of the property to 70,000 square feet, of non-residential floor
area and 86 units ol"deed restricted affordable housing. 'flicre is no refierlence to limiting market
rate units. "file full text of tine proposed amendment is included on pages four and five of"tine
written staffrep(,)rt, It is important to note that the traffic Study submitted with these applications,
has not yet been approved. 'The applicant has Submitted a request in writing to have this itell'i
scheduled before the Planning Commission in accordance with established rules and procedures
despite the study not yet being approved as requested by tile Planning Director. Additionally, the
applicant has submitted w,ritten, acknowledgenlent of the COUnty'S insufficient balance of
aff6rdable ROGO allocations though the text in the overlay does provide for development olf'up
to 86 affordable units on the property.
Ms. Tolpin emphasized that tile proposed developrilent Would a1lo%v for the development of a
70,000 square foot non-residential structure, oil the property. The applicant has, made and is
likely 10 Continue to make assertions specific to a certain business. The COUrIty Land
Developnient Code and Comp Plan cannot and will not regulate tile ownership of a property,
only the Use. There are no development controls in place that can ensure as specific business Such
as PUbliX operates a structure or retains tile property and therefore, arnendnients to the Land
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Development Code cannot be reviewed based on a specific business plan by a property owner, It
is imperative to consider- this request based on the fact that the proposed 70,000 SClUare foot
StrLJCtLlIV that could be allowed within this overlay may be any commercial business,
']-'Ile principal issue when considering the amendment to create this overlay is the language
regarding the NROGO regulations. Currently, the Land Development Code limits file amount of
new commercial floor area to be allocated to as site to as maxinium of 10,000 square feet per.
quarter. This aniourit ofsqUare footage allocated quarterly works to slow developillent to ensure
deliberate and consistent clevelopnient OCCLU'S Within a given area, The overlay would allow for
the allocation of 70,000 square feet at one time. There is a sufficient balance of non-residential
Boor area in the NROGO bank and this could likely be achieved without issue, More
irriportandy, file amendment WOUld allow for a single structure to receive an allocation of' up to
70,000 square feet of'cornmercial floor area. Currently
, the code does not allow for an allocation
of new non-residential floor area that would expand the structure to more than 10,000 square feet
Unless that StMCO,lre is located Within the Urban ornmercial zoning district, in which case the
Structure would be limited to a maximurn of 50,O00 square feet unless that structure i,s, withili all
overlay estatflished in a COM I'll Un ity master plan or Chapter 130 specifically allowing a structure
over 10,000 square feet. In this case, the proposed amendment would be establishing a new
overlay within Chapter 130 that would spccifically allow a structure over 10,000 square feet.
There is an adoptive process when reviewing amendments to the land development code and the
zoning niaps. A concept meeting was held on June 28 where it was determined that these
amendments would not have a countywide impact, Two community meetings have been field to
discuss this project. These items were presented to the Developnient Review Coniniunity \,fllerc
the chair signed a resolution, recommending denial of these amendments. Today the files are
being presented to the Planning Commission who will rriake a recommendation to the BOCC,
Who then Will ultimately adopt ()r deny these arnenchlients. When reviewing an application for
all amendment to the text of the County's Land Developrilent (..,,ode and [,and Use District Maps,
file BOCC must consider the l'actors included in the written staff report, Staff niust review 1*(.-)I-
consistency with the (I orlip Plan. the Tavernier I'Jvable Communi Keys f1lan and the (.7ounty's
currently adopted code, The code does not allow for an, amendment to be approved which would
result in all adverse change in community character to the subarea the proposed amendment
affects or to any area in accordance with the Livable ConirnuniKeys [)Ian. It is for this reason
that when reviewing proposed text and map amendments, Staff'ITILISt review For consistency With
the C0111111LIflity character and for any potential changes to that existing character. 'I his is iLirther
reinforced in the purpose of' Section 102-158 of the (I ounty's Land Development Code. This is
the article that provides a rne,ans f-or chariging (lie text oftlic [A)C, It slates, "This article its not
intended to relieve particular hardships not- to confer special Privileges or rights, on any person
nor to permit in adverse change in conn-nunity character, but only to make necessary adjustments
in light of changed Conditions or incorrect asSUlllptiollS or determinations as determined by tile
HOCC." Amendments must be reviewed for consistency with the Comp Plan and code. 1"he
'Tavernier I-Avable Cornmun i Keys Plan is adopted and implemented as part ofthe Comp Plan. In
reviewing this (I onlinUrliKeys Plan it is evident that the vision was to preserve the heritage and
natural setting of the existing conlillUllity with firnited redevelopment of commercial properties.
The (.'ornulLIIIiK,eys Plan goes so far as to include an, action item that prohibits the designation of
4
3562
new commercial land use districts beyond those already contained in the master plan in order to
prevent further sprawl and strict commercial zoning,
It is important to note that commercial retail uses Could be permitted oil this subJect property and
WOUld be consistent with the underlying SUburban Coniniercial zoning. However, because, the
property is also located within the TC overlay district, staff Must review for consistency with the
Tavernier Creek to Mile Marker 97 t-).S, Fligh%viy Corridor developnient standards and,
guidelines which are adopted as part of Chapter 130 of the Land Development Code. These
gUidelines include specific building types with the intent of guiding new developnient so that it
COutillUeS to define the character of"'] averider and so that the massing scale and materials ant"new
structures are conipatible with the, existing character. The guidelines provide for the construction
of large coinniercial buildings through the aggregation of smaller buildings. If' this proposed
amendment is not approved, the property still does have a very high aniount of non-residential
floor area that Could be constructed on the property in a manner that is co�lisistent with these
guidelines.
To further guide development vOthin the "Faverruer Corridor overlay, these &yLlidelitleS LuiliZC
transect zoning. jr,hese (ransects do not eliminate the standards set by the County's code or,
zoning laws but are intended to help organize the regulations according to the transect with
which the property belongs. This property is located within the suburban transect which is
characterized by intermittent Occurrences of (,)pen space, residential developnient of diverse
densities, and industrial and general commercial uses following as pattern similar to that found it)
tile Mainland suburbs. Alternatively, file urban zone is (fie area where most, of the retail and
conilliercial, mixed use developnient are found and i,t is the area that the community identifies as
its center, To aid in the review for consistency of the proposed overlay, with the existing
Tavernier community character, staff reviewed the size of existing buildings 01' SM-1-OUnding
propertics within both the urban and Suburban transect zones. The ability to construct a struCtUre
ol'Up to 70,000 square feet would result in one that is much larger than existing structures within
the suburban zone and Would be inconsistent within the established, community character. The
existing land development code, when coupled with the Tavernier Corridor Overlay Guidelines
and the '"Favernier Livable Conlin un i Keys plans intentionally lirnits the maxinILUT1 size of each
Structure, Additionally, the proposal is inconsistent w ith Cornp Plan Policy 10 1.5.6, which states
that various types of commercial retail and office uses may be pernflued at intensities that arc
consistent with the conirnunity character and the natural environment,
'file text aniendryient, as drafted, proposes to relax the development restrictions oil the property
without providing adeqUatc data to support such a change nor demonstrate consistency with the
m,ernier Livable CornniuniKeys plan and existing corritnunity character. It is anticipated, that
the proposed overlay would, result in an adverse cffect in the character of the Tavernicr
coniniunity. It. is fc)r file' reasons described today and throughout the written staff reports that
staff reconiniends denial ofthe proposed amendment to the [,and Developtnent Code to establish
Section 130-1,43, the Tavernier Key (7,onirnercial Overlay, and denial of the proposed 11-and Use
District Map Amendment to apply the overlay to the subject property,
Commissioner Ritz Nval'Aed to clario/ that whether this Commission recommends approval or
denial, this stilill goes, before the BOCC, lie also wanted to, corifirm that if' approval is
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3563
recorninended, and assuming the BOCC reconit-nends approval, that nothing would gel, built until
the applicant conies back and actually proposed something, and asked if that something would
require, a nia'jor conditional use. Ms. Tolpin s,tated that it would be specific oil exactly what was
being proposed and in this case, yes, it Would require a nialior conditional use pert-nit if the
applicant proposed a 70,000 square retail building. Commissioner Ritz asked if that Would
also be true if a 50,000 square foot retail building were proposed, and Ms, 'folpin stated that it
would. 'r File applicant has made certain assertions about building a Publix and affordable
housing, but they Would have to corne back. and actually show exactly, what they were going to
do, Cornrilissioner Neugent asked that in light of this, ifthis were denied today, if this pail of file
request Would still go before the f3()CC. his. rl,()Il)ill stated that it would, unless the applicant
arriended it, and it would be noted that the Planning C',oninlission recommended denial. Chair
Scarpelli then asked to hear from the aplflicailt.
Mr, Bart Sillith, representing the apfflicant, stated that a very specific pro,ject is being proposed
for a unique parcel not only in the Upper Keys but in the Florida Keys. ']'his is the Cernex parcel
which is 20 acres having 15 acres of scarified land., which is 600,000 square feet. There are
probably less than rive parcels left that are this size that have the zoning of Suburban
C'on-u-nercial; and there's probably only one. The other parcels are Industrial, but lie has not
(IOLInd any in Monroe Couiq that meet this size and scope. So 600,000 square feet, based oil the
current Suburban Connnercial zoning, has as potential of 152,000 square facet: of corninercial and
can do Lip to 21,6 units ofaffordable housing, There's a niention about no limitations oil ni,arket
rate, Suburban (",orm-nercial only allows for market rate it' it's nonconfornling and was built
before the code. There is, no tilarket rate on the parcel. T'I'le applicant would be willing to add as
provision that tic) development ofinarket rate could ever li,appen in the future. The applicants are
the Toppino farnily and the llurwi(z family. l"'I'veryone is farnihar with file Toppino family and
their dedication to this community. They have looked at different sites throughout the, Keys to
try to bring aff'ordable housing to the community. Most fillies the land costs are such that it
doesn't make sense. Mr. Smith gave prior- exaniples. Also, this is not aff"6rdable 114:rUSing. it is
work.force, housing where tenants are required to be employed in Monroe County. "I"his parcel's
very rectangular size and being situated oil U.S, I allows the commercial venture to buy down
the land to build the 86 unites ofwOrkforcc housing. The applicant is not here today because a
50,000 square foot building iSn*t allowed. Regardless ofthe size of the building, all cornmercial
retail is, required to go for a major conditional use. The applicant is here solely requesting all
allocation over 10,000 square feet. All other provisions are to lirnit the use ofthe property to the
greatest extent possible to giVC the C01111111.111ity certainty that this is what is going to occur.
I'veryone understands the Unknown is the most concerning part.
This parcel's potential is 152,000 square fleet of commercial retail. "I'llis limits it to the store
which is as total of 70,000 square IM which is a great reduction. Mr, Smith went into why the
store was important to the Florida Keys as as whole. The sole request Of the overlay that is of
importance is to get a 70,000 square foot allocation. The development of (lie store will come
back before the Commission. The allocation is being requested in one part, arld the applicant, is
agreeing to limitations oil the property. as to file amount of total square footage that could ever
be built, and hiniting to 86 units of workforce housing. rylliS is legislative at this juncture and
looks for consistency with the Conip Plan and principles for Guiding the Devc1opment. The
Cornp Plan in no place prohibits a store on this type of acreage of'70,000 square Feet. Then the
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Comp Plan adopts the Livable CommuniKeys plan which in the Suburban zone does not prohibit
a store of this size. It has the dimension and development criteria in the I Jrban zone arid states
that commercial uses should be file same is Suburban on the mainland. Mr. Smith provided
documentation of other Publix store sizes, throughout the state. The Principles For (iuiding
Development are supposed to be reviewed as as whole. Matiagetlient of Land LJse has been
identified as being inconsistent, but the reality is putting more restrictions on the property
provides more management of],arid uses. Arid,, as many are aware, one of the Principles is for
the provision of providing affordable housing. Mr. Smull listed related prior court cases stating
that ultimately, the courts decided for affordable housing in every case, so it is consistent with
the Principles fear Guiding Development. Who owns it can't be limited, but the intensity can be
limited. The Livable CommuniKey's limits it tea only commercial low or medit.1111 intensit.), which
is why that limitation wasn,t pill into the amendment because it already exists. I"hiS creates tile
"I"avernier Key C,ornmercial Overlay District allowing the Publix grocery store and liquor store.
The design is not complete but will come before the Commission at a later (late, The applicant
has provided the purpose, intent, boundary, the NROGO allowance Cor the allocation, Subject to
all other ],and development regulations, and provides maximurn limitations which control the
[It NVith tile principles f,()!I_ (rJ "Ir
land even more. ']"flat is consistent aiding Developrnent. 'his proposes
workforce housing buildings ill the back and oil the side. The development is consistent with
C01111111.11lity character.
Alternatively, the applicant could propose all allocation of 50,000 square feet by just doing the
LUD which would not be legislative,, and because ilt's under the FLUM, the applicant meets the
requirements. 11,lie proposed size is related to having additional storage in cases of emergencies
and storms, which is being done in other coastal communities, Mr. Smith, detailed the sizes of
I'Liblix stores, in both Suburban arid rural areas of the state l"or size comparison, This item is
solely to create an overlay that allows the allocation in one alk-)cation and in exchange, limit the
amount of`square lbotage of development oil tile property providing additional land use controls,
than Currently exist and most importantly, providing the workforce 110U,Sing. 'Typically, traffic
Studies are not done at this, stage but the applicant has addressed this and identified trips that may
need to be mitigated, The applicant's position is that by building this it will actually reduce
lengths of trips because people don't have to drive as Car, but it is within at least five percent of
level of service C, '11"'he applicant is Nvilling to do mitigation but that is done at the building
pert-nit stage, The tralfic study is not necessary at this stage but, was required. Mr. Sillith asked
the (ornmission recommend approval.
Chair Scarpelli asked liar Commission comments or questions. Commissioner Denies clarified
that one of the Court cases that Mr. Sniith had cited frorn 2003 with as proposal for as development
off ofRUuWay 03, which happened to lie all accident potential zone, the court had sided with the
Navy, so it Nvasnt every single case. Chair Scarpellil 'then asked for public Cornlileilt.
Mr. James Anderson purchased his home in 19182 and is vehemently opposed to the Publix
complex and housing, He has enjoyed his peace and quiet and is very concerned about a
development destroying property values, increasing crime, and additionally burdening
emergency services. Fle had participated in the LAvable OnIMUnKeys project
ject and it would
seem like a waste of time having worked oil the L,CP. Mr. Anderson stated that the former
C'oninlissioner. the Tavernier Historical Group and everyone would be opposed to this and asl(s
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3565
the Corruilission to deny the PUblix as there already is one at Tavernier Town. The traffic Study
has not been completed yet. He would like to preserve the heritage of"I'avernier.
Captain Spenser Bryan, Monroe County Sherill's Office, stated that on behalf of Sheriff Ramsay
and die Sherift's, Office, they support the affordable housing as it has been an issue flor a long
time. There is a probleni keeping deputies because it's too expensive to live down fierc, so the
more affordable housing, the better. It is not just the Sheriffs Department but EMS, teachers,
and any other essential personnel. ']'here are three jails in the count)/ and the one in the Middle
Keys is not staffed. They have deputies who want to live d(,)\,vii here and be part of the
community but Ullf'Ortlinately, can't alTord to be here. These same issues about Publix vvere
brought Lip both in Marathon and Islarnorada. Understanding tile traffic study has not yet been
done, the sane filing was said about those Publix stores causing traffic issues. lie does not
believe it will, T'he light at, Burton Drive that has been installed \vit] +101 sorne of the problems
in this area. The PUblix in Islarnorada has caused zero issues as far as traffic which is crazy
because everything in Islarnorada causes a tralfic issue. The SheritY"s Ciffice SUPPOtIS this
project and hopes the Conimission will consider it.
Mr. Richard Barreto spoke for the Tavernier Coniniunity Association and thanked tile
C',ommission For agreeing to host the meeting at tile Murray Nelson Center. lie has reviewed tile
written public comments frorn 26 individuals and two C011111lUnity organizations. Additionally,
Oil June 14, 2,022, the TCA hosted a meeting where 80 residents of the cornillUnity attended.
There were countless responses in person and by zoom at the ITC:; meeting and the two
COITHIlUnity incetings preceding this Commission inecting. Those comments made verbally are
not part of (lie Conirnission's material, but out Of all Of those coninients there was, only one
individual that supported the commercial aspect of this development. That is very telling
because the applicant will have you believe that this prqieclt will bring niuch needed service to an
area with limited options and that it is needed, but the people who live and work here are singing
as very different tune, We are telling you that we understand the proposal and have plenty of
options, More is not necessarily better. We value Our 'I'Favernier community. Please listen to us.
The level three traffic study is required where the applicant failed to respond to several
Outstanding issues, and has elected ahcrnativcly to have the Board, consider it without the belief-it
of the approved study. That all approved level three traftic study is required, and given that it
has not. been submitted to this Corrin-lission, that in and of itself' Should be grounds for denying
this proposed anieridnient. Reading further into the applicant's response to the staff' report, it's
clear that a lot of these layers we've been going thl70Ugh over tile last year the applicant feels is
unnecessary and all inconvenience. They would rather YOU jLlSt PLIS11 this off to the BOCC, let
theiii review it and sift it all out in the context of' a rna'jor conditional use pUrnit. While that
would be convenient, that is not hove the systemNvorks, The system is designed to protect this
community and our environment. Every layer of review, including this one, has a critically
important Function. J'his Conirnission's recommendation has nicaning. The proposed
commercial overlay district violates the Tavernier L(I P and essentially creates a new commercial
land use district in direct violation and totally inconsistent with Section 313 of tile fl.vernier
LC'P. This section prollibits tile designation of 110V COruniercial land use districts beyond (flat
contained in the master plan. There is 110 Such 'lavernier conit-nercial Overlay contained ill the
current master plan. There's a lot of ado about affordable housing but that is not the priority of
this development. The commercial aspect is in phase one and is the priority. It will do nothing
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3566
but aggravate workforce housing for quite some time to come with really no guarantees that tile
affordable hOUSiug Will ever be built. There will be an adverse community change to Tavernier
if" the arnendment is approved and it defies logic to think otherwise. The only building larger
than this is Mariners Hospital. The fact that Publix has been able to build similar-sized,
buildings thrOLlghOUt the State of Florida is not,justification to build one here in Tavernier, The
proposed amendment is not consistent with the Comp Plan, This commercial building does not
fit in any wray With the community character of"Favernier. lie asks the Commission to Support
the Planning Department's recommendation as they have conducted a detailed review of the
applicable provisions of the laws and concluded that the Commission should refuse the approval.
I le supports that conclusion and thanked the Commission for the opportunity to speak.
Ms. Joan Scholz stated that it is not because of the unknown that she is, speaking today, as Mr.
Smith referenced in his statements, but it is because of the building overdevelopment, the
ecosystem, traffic, fragile environment and the 'water situation being experienced now with four
miles of pipeline being replaced, the three water main breaks, tile lack of reserve that we have,
and the Aqueduct knows we are over capacity ol'building. We don't need another PUblix which
is a nifle from Whin Dixie and a few miles from the other Publix. Ms. Scholz thanked the
Planning Department for having spent so inuch time oil this. She is in agreement with the
planning Department and asks the Commission to deny this application and give a
recorniriendation of"no" to the 13(.)C(.',.
Mr. Frank Pla was not available to speak.
Ms. Linda Nori-nan has had a ]ionic ill the area for over 45 )/cars, Her shopping has inlproved
over those ),cars,. In the beginning there was a grocery store called Clara and Dougs NvIlich is
110W Sunrise Market. That was a mile from tier home when Winn Dixie opened two miles trorn
her home which offered a wide variety of products. Winn Dixie is a comfortable bike ride if she
doesn't want to drive her car. She, qUeSti(AIS Why the developer would want to build a huge
Publix store only one mile front the Winn Dixie and less than tell miles fro ill their existing, soon
to be expanded store at mile marker 10 1�5 It doesn't make sense and its existence Would be a
travesty to the small, quiet town of Tavernier. She read all article about a PUblix SUperjuarket to
be built in Gainesville proposed to be 55,000 square Coot, strialler than the one proposed ill
Tavernier, and will anchor a 46,000 square foot shopping center in Gainesville which will
become a IlUb for a population ot'about 141 000 people. This is a 64,000 square foot store to be
supported by the entire islands ofthe Florida Keys With a population of 83,000. Most ofthe cars
,are driving through Tavernier heading to Key West or Miami. Key Largo Fisheries has their
main market at mile marker 100, and they opened a smaller location for the residents ill
Tavernier, and the town could not support that little shop and they, have now closed aller only
two months, What will happen when Publix finds out a Publix ofthat size cannot be Supported
in Faverruer. We're going to have a Sh(r)w of a building sitting there. She wholeheartedly
objects to this dcvclopnlent.
MS. Sue Miller of Islarriorada stated that this does not affect only '"Favernier, rather all of the
entire Florida Keys. ']'here is tool 111LICh traffic and not enough water, There is an affordable
housing issue but this 70,000 square toot retail space Would use more than 86 employees. A
Store this Size is going to increase the demand for affordable housing. She doesn't ex,pect to see
9
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a lot of'Sheriff's deputies and firefighters and other eniployees there. 'file applicant says they are
going to mitigate the traffic. If they have some magic to mitigate traffic we all should hear about
it because we already need a lot of traffic rnitigation. The fact that the applicant is doing all
affordable housing project seerns to be the controlling filing here, when in, order to do this they"re
required to have all affordable housing coniponent. It is secondary to therm but it Shouldn't be
secondary to time community. It should be phase one,, as she is concerned that as phase two it
may never get done. This is not something acceptable to the communitY character of Tavernier
or there wouldn't be this many people here pail icipating. Ms,. Miller thanked time Commission
for listening.
Mr, Burke Cannon represents the 1.ederation of f lorneowners as Dottie Moses is out and COUid
n(:)t make it. Mr. ("annon agreed with everything staff reconlmended, "['Ile lawyers have never
CorrIe Up with a statistic that says we have this many people, boat hands, teachers, firefighters,
and ho v much affordable housing do we need. It seerris like we should know how many people
we have employed here and how many are not living here because of this affordable housing
problem. fie understands the Sheriff"s Office has a problern and they can't afford it, but this is
�oing to be endless. This kind of pro' t ject won' cover affordable hOLISif1g Ior everybody here.
The Federation members voted unaninIOUSly to object to this applicatilon for a map amendment
and overlay. Similar neighborhoods live within tile 'Tavernier L(A) and the Federation is in full
support of' their obJections to tile overlay district, It is obvious the community intended to
maintain a small town CORlulercial Footprint. The opening vision statement expresses the goal
clearly. Mr. read the goal to tile Coin mission. The existing code prohibits as quarterly
allocation of non-residential floor area of' more than 10,000 square feet. This proposal is for
70,000, which is a huge difference that rcjects the intent of the community's wishes as reflected
in the LCP, which expresses a desire to redevelop at a village scale. One of the letters submitted
addressed the large aIllOUI1t ol' planning and input that went into the Tavernier I.A."'P. 'I'llis Nvas
not in overnight thing. What is the point of planning f-)r the I'Llittire, anti gathering community
input oil zoning if' each and every developrilent request for expansion is granted'? Offering all
CXCCP(i011 to tile I-Lile lor this development encourages nlore requests for spot zoning. M 1'.
(''annon reiterated that there i:s, no traffic study, and anoiller itein in the I_CP is the safety aspect
and that this cannot cause nlore dangerous traffic problems. This, is an historic district. The
applicant, who is not from 'Tavernier, assurnes they know what's best Cor tile 'Favcrnier
corriniunity even if`the 'Favernier COM1111,111k), does not want what they [lave to offer. Mr. Burke
asked the Corilmission to allow the Tavernier corrull Lill ity*S Vision to Illaultaill the existing striall
town community character by iii-niting the development ol"cornmercial properties. 'Ifllis overlay
does not fit that vision and the I"'ederation recorn mends denial.
Mr. Andrew Tobin (flanked the Con-unission for having the hearing in Key Largo as it is
important the Commissioners get to know the area. Mr. Tobin carne to the Keys in 76, was a
prosecutor for three years, was the COUIlty'S first zoning prosecutor, went through file 1985
C,ornp Plan efforts, litigated tile 1992 Comp Plan, litigated ill state and federal court on Zoning
issues and has read rilaybe a thousand cases involving zoning and land use. 'r i'licre is no case law
or authority that Supports this. Doing sorriething bad to get to something good is not part of tile
criteria time Gornrinssion is expected to follow. The proposed PUblix good which is the econornic
engine 16r afibi-dable housing is not a factor in the Commission's decision whether to create a
new zoning category, This is a 700 percent increase in the floor area ratio of as development
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within the "Favernier 1-Cf," area. The Urban Residential maxin'111111 is 50,000, and the developer is
asking for, 70,000. Mr. Tobin Suggests the Commission not overlo(.)k the Conip Plan and the
slow, small development Potential vision. he whole Purpose of'the allocation system was that
one developer would not SUCk up all of the allocations for a particular area, and with this, that is
g0ing Out the window,. The applicant is asking the Commission to overlook all of the existing
laws, the Corrip, Plan, the LCT and basically saying, we have good intentions, Mr. 'Fobin
represented PUblix in Islarriorada and it took them six or seven years to finally get development
approval because Islarnorada also has very restrictive zoning regulations,. This is bad, precedent
and Mr. Tobin urges the Commission to follow snaps recommendation.
N/Ir. Allan Aldridge, a "Favernier resident for over 30 years, is ()It the Tavernier ('0111MUnity
Association board. I-fe supports his friends and neighbors in the corrimunity who have spoken.
One of the most critical hiftastrUCtUre issues today is water and the water pipeline. Currently, all
organization called APANA that does, commercial and, industrial property evaluations for
resources. states, that a large grocery store uses about 350,0010, gallons or morle, of water per
month. Individual residences, on average, use 30() gallons as day, multiplied by 86 housing units
is, abOUt 774,000 gallons of water, a nionth. Together. this is the development of property that
Will use Upwards of 1.2 million gallons ofwater per month, iin a pipeline that has, already in three
locations in this area had significant line breaks, in fact ruptures, of the pipe, one being almost
eight feet long. Mr. Aldridge is all engineer and stated this is a big deal. 1"'Fre F'KAA Director
recently in intervileNvs made it very publicly known that if's going to take over ten years of
projjects to replace our critical water infrastrUCtUre pipeline supplying the Keys and he doesn't
know where he's going to get the money to do that. Adding this to all of the other things that
will lie considered in the next tell years (fiat will add morc and more water usage is something the
C'OrnflliSSiOn should take into account when reviewing this proJect and the several others that will
come before there.
Ms, Phyllis, Mitchell thanked the Cornmission and asked them to Please renriernber as they're
making their decision that they represent the people of the Florida Keys. More development
triearis more traffic. More traffic is a huge safct.y factor both on are everyday level front people
,irimping on the highway after wailing too long to get on, to the ability to evacuate the Key's
which is nos v at, as very dangerous level. M�s. Mitchell asked the Commission to give this deep
thought. Excellent points have been expressed this morning. She is ca)rtfident the COMMSS1011
vvill do it good job.
Ms. 'Farrany Freitag stated that she was speaking for herself'and Mr. Frank Harrington. please
do not destroy file Tavernier Historic District. She lives in her grandparents' honie which was
purchased in the sixties. It has been a nightniare to get out of her street with the light at Burton
ii()w. It will be nlUCh more of a nightmare with another light for as Publix. She understands the
need for affordaNe housing but PLiblix is not necessary. She has no problern going to any
grocery store. and there is a liquor store at Tavernier To\vn and everywhere. Please keep the
C01111RIU111tv as is.
Ms, Lisa Ream stated she had nothirig additional to add,
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3569
Ms. Lisa Bennett thanked the Commission and tile C01111111.11lity. When she first cane down ill
1968 there was only, the Shopper and Montey's. She dearly loves those memories of growing up
in file Florida Keys. Elverything she's heard so far about file infrastructure and what's going oil
concerns her very much. She hopes and prays the Commission makes the right.decision.
Mr. Forn Raffarielto of Islarnorada represents the islarnorada Community Alliance. There isn't
Much more Inc; call add as far as conteNt as the others, were right on tile money. 'file Trojan horse
ofaff'ordabic housing is a myth. 'I'liere is nothing affoll-dable about it. The statute needs to go
back to 'I'allahassee and be revised, Right. nowv. a Carnify of three or fcmr niaking 140 to $1501.000
qualifies; for aff6rdable housing and that's not where we war t. to be. Ile was a fed and a cop and
it took him .30 years to make that kind c)frnoney. As to Public, sometimes you have to, look at
the need fOr something. I file stoold on this, roof he could see the other two Publix stores front
here. There is no need, Boil it down to a simple thing, where is the need for a 70,000 SCILIZATe
tbot Publix in as toNvn like this. The traffic and Water is Out Of'COntr0l. There is no need and it's
all easy decision it' the Commission really takes a look at it. It is all adverse change in the
citizens' lives, and he asks the Commission to do (lie rigin thing anti deny this.
Ms. Karen Rc)driguez who has lived, here since 2009 stated that everything she has heard sounds
good, hunt one Of the Underlying things to reniernber is they, want to build 86 aff"(:a'dable housing
units behind all of that commercial property. "Illy not just turn it into as park and have the
afforclable housing ill it. That's it.
Mr. Jolm I lowe stated that he has nothing to acid that hasn't already been said. Ile has scanned
through the Planning Departnient's report and was struck, by the aLTIOUIlt ofwork and intelligence
and training and all ofthose things that went into producing it, and he thanked the Planning staft',
Two things leapt out at him, and that was the fairly long, list of inconsistencies with the "Favernier
1,C11, and the Monroe County C011ip Ilan, and a bunch of Florida Staultes. And there, a list of"
recluests and concerns voiced by the Planning Department and COMMUrlity residents, aboUt things
it needed to learn or didn't Understand. after each one of those iterns there was a comment from
(lie staff saying no response has been received frioni the applicant. N1r. Hovve's rnain point has
more to do with the number of people present today. 'Flus is what democracy is all about.
Average citizens who live in this community are making their voices heard. About hall' the
people here have referred to the Comp ]"fail, the Tavernier I,C'T and the Horida state laws that
according to the Planning Department make this application seem to be inappropriate and worthy
of denial. These dOCUments have come froni hours and hours Of Nvork, time and nionley over the
years by people creating a vision For its conu-nunity. There are maybe a hundred peol,-ile here but
there are many hundreds rnore Nvllo are Supporting Lis who are not here, those who have passed
on or moved away, but they are here too ill spirit with their thoughts and visions and ideas for
how this community should be, Mr, Howe wanted to recognize that nlaliy people have led to this
moment and lie hears their voices saying this is not appropriate. On as niore positive note, that
piece ot'property is all opportunity to make something appropriate for this con-m-nUllity. He hopes
the Planning Comlinlission can spend niore time can planning For that piece offiroperly, rather (hall
can legal defense, sorne way that will benefit the f)vvner and the community.
Ms. Patricia McGrath of Grassy Key stated that liler concern, along with those about FK/�A. is
about the stornmater 11111011' and the sewage that will be created with either one of the
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developments. FKAA has stood Lip against losing local control of their aUthority. Both
affordable and workforce housing are most important. Publix, can afford to do the workforce
housing first. It seems the citizens are being threatened, watch out or vve will do whatever
alternative we have. Ms. Mc(irath thanked file Planning Department for the massive number of
hOUl-S putting their report together, She would like to see the Conunission conic fball with
zoning and property use regulations that would not even allow someone like Publix to come in
and waste all Of Our taxpayer dollars. Ms. McGrath thzinked [lie Corrunissicni.
Mr. John Magill firon) Richmond, Virginia has lived here 26 years, went to Virginia
Coninionwealth University and has a master's degree in planning. The biggest disaster of all
planning is the saying "build it. and they will come.'"' Ile Was as project inspector oil a 300,000
square foot auditorium and civic center aretia and a 600,000 pixlject, and a carpenter on as civic
center town mall, both of' which are ill the process of being demolished, and those were built,
only 30 years ago, He hates to see this happen. The whole place should be built with affordable
housing, Mr. Magill thanked, the Con-niiission for allowing hire to speak.
Ms. Sylvia (last narne Unknown) could not connect via Zoom to speak.
Chair Scarpelli closed public comment, Mr. Wolfe suggested the applicant be allowed to rebut
the coninients and then allow, tire Planning staff`tea wrap Lip, Ms. CiolTaril indicated there were
two more hands raised to speak in the Zoom audience. Mr. Robert Hilton and Ms, 1-yrill Ifilton
arid Ms. Fina (last, name unknown) dropped their hands. Public comment vvas their officially
close(],
Mr. Bart Smith reiterated in rebuttal that this is a uni(lLle, property that is presently an industrial
concrete block plant. orriniercial uses are permitted. Large buildings are permitted on
commercial USCS. "["here is no change in the zoning district. All that is being requested is (flat an
allocation greater than 10,000 square feet be allocated to (lie property. It does not change the list
of permitted uses,, the conditional uses or the requirements that this goes back to. W'hat i'lt does
change is it allows restrictions above and beyond what the code has to be put oil this property.
The applicant has agreed that all they/ call do is get this allocation and that's it, which means no
market rate housing, The applicant will conic back and satisfy every condition, There is
nowhere in the Comp Plan, the I-C P or the Land Development Code that prohibits buildings of
this nature. In fact, it expressly provides they are allowed. He understands the statements about
community character, but that community character is defined by the property and what its
allowed uses are in these documents. These uses are allowed. Sornetirries the tougher decisions
are the ones that need to be niade, In this case, like every tirne, there's something that we vvant.
We want workforce housing, but vve have to have an economic engine to drive it, This is what
can be done (�)n this firoperty, it is peruaissible and within the realm of`the Commission I s ability
to recornniend approval. The C'onimission will have another shot to look at every part of this.
The traff"IC Study is at the finish line. A traffic study for as land rise text. amendment that doesn't
change anything in the code is not a reqUirenient. 'Fhe applicant is doing it now to provide the
dOCUuleut',,ltiOo, It is a requirement of' the conditional use approval and vvill be finalized well
before that, Mr. Smith asked the Commission to, recomirriend approval, to the 1401CC If' the
('oniniission wants it stronger condition tag parts of' the workrorce hOLISillg, the applicant is
13
3571
amenable to those, Any statements as to the water supply or levels, of service lie vehemently
disagrees with and they are niade solely to say no to anything,
Ms, Emily Schernper, Senior Director of"Planning and E'rivironrimital Resources, stated that she
was not sure it' Mr. Smith's was confused about the Land Development -ode reqUirenient for
the size of the structure or it' fie was making as separate argument, but lie had stated there is
nothing in the [,,and Development Code that would prohibit as building of this size, '['hat is not
true. Part of kvhat the applicant is asking fbr is an NRO(A) allocation that Nyould go to as building
that is larger than 10,000 square feet,. It'N'01.4 cannot get the NROGO for a building that's, larger
than 10,000 squarc I'Let, then you canno-it build a building that is larger than 10,000 SCIUare I'cet;
theref'ore, it is not allowed by the Land Development Code. It is not written into the zoning
category necessarily but it is implemented by the NR0(JC) code. Ms. 'Folpin has presented all of
this and it's in the stalf report but MS. Schernper wanted to nnake sure the Commission
understood these p(")Jints.
Another asseftion has been that there is no pl,ace for the OUluy to be reviewing COoll'uUnity
character in this process. That is entirely Ulurtle. SCC6011 102-58 of the Land Developnicrit C.ode
is specifically about amendments to the Land Devek,.opnlent C ode, and the purpose states, "'This
article is not intended to relieve particular hardships, nor to confer special privileges or rights oil
an)/ person, nor to pennit, an adverse change in community character.- Then further down in the
section under the procedures, action by the Board of County Conin'nssioners, "'T'he Board may
consider the adoption of' an ordinance enacting as niap arriendment if it rneets the l'ollowing
factors.- And there, are seven, factors listed which includes the Principles f`01- Guiding
Development, which Mr. Smith has pointed out. But it' you contini.W. it also Says Under that
section, "In no event shall an amendment be approved which shall result in an adverse change in
coniniunity character to the subarea \vhich as proposed amendment affects, or to, any area in
accordance with as Liveable CommUniKeys Master Plan pUrSUant to the findings ofthe BOCI'C"'
Again, that's all Wider arnCildn-10its, h*s riot under the conditional use permit review, It's under
amendments to the co)de. So conl1flUllity chaii-acter is definitely as factor in the Commission's
consideration of this„
Going back Ul) to the first part under aniendnients under the purpose, to paraphrase, this, article is
not intended to confer special privileges or rights on, any person, We've heard a lot. abOUt Publix
today. YOU are not actually reviewing specifically for Publix, You are reviewing for as large
retail building. And, the Nvay the hingUage is drafted, it doesn't specifically say commercial
retail, it says non-residential. So the, Nvay this is drafted it would allow a non-residential structure
Of Up tO 70,000 square feet on, the site, we don't knmv which retailer, we don't c\'cn know if,it is
reta i 1. It could be light industrial. It could be, gin Arnazon warehouse. It could be whatever, Nve
don't know. The point is you don't actually know who the tenant of that building is going to be
or the owner in the CLJUWC. SO when reviewing aniendments in particular you need to think about
the larger picture and what would be possibly allowed.
That has played into the traffic study as, well, Ms, Schemper agreed with Mr. Sinith that the
traffic study is all but approved so it is not true that they have not SUNTlitted a traft"ic Study. Staff
has reviewed niost (od'that. It's really conic do"ll to rortigation. But. if the C.'onumssilon reviews
this J -ing special pi I ust because this is a Publix. that could be confen -iv�ilege on an individual
14
3572
person oi-entity. Also, regarding flublix, Mr. Smith gave SiZCS Ofa number of other Publix stores,
in Florida. bunt noric of those were island Pubfix stores, nor the sizes of the other Publix stares in
the Keys already. I'l-orn Ms. Schemper's knovy'ledge, the Islaniorada store is about 35,000 square
feet, and the other Key Largo Publix getting rebuilt at Trade Winds Plaza is about 60,000 square
feet, so that one would be about the same size as tile one proposed here. lf'pail of the ail-gurnent
is that this call be sorric sort of post-hourricarie supply chain system, if the other Key Largo Publix
is, also serving as that, their are both necessary. Again, you are riot reviewing.just, for Publix so
there is no guarantee that something like that would be put in place. This has riot been)
designated as scarce sort of emergency management facility.
MS. SChCn`lpCf' had been surprised at how strong tile argurrient carrie across regarding this retailer
being the econontic engine needed for the affordable housing. The meat of' the amendrilent
allows the large non-residential structure. It's really riot written to guarantee that ally 11011sing, is
there. The question would be for tile applicant, it' they would be md1ling, to write into the
arrienchilent son-rething about the affordable units, being required where the ROGOs are co irnrig
Cron't., what happens ifyou don't get the ROGO allocations, et cetera.
M1% Su'lith responded that (lie), would certainly write in that they were required because if they're
required to be CO'd, then the applicant has put themselves in a position that it' they don't get
them built, then the other part can't occur. Ms. Schieniper asked if tile owner would then be
suing, the 01,1111,y because the applicant wasn't given ROGO allocations. Mr. Smith stated it
WOUld be ill) to the applicant to obtain the development rights. They have talked to the Village of"
Islarnorada wvho is amenable to do warn IC; A to provide L11C Writs because it's in their back yard.
So, by any mechanism necessary but the applicant is required to obtains the development rights.
Ms. Scheiriper asked if' islaniorada had 86 affordable ROGOs or market rates. Mr. Smith stated
they had the 300 ,filly ones. Ms. Schemper stated that currently, those are riot allowed to be
transferred to Monroe COUnty per the Monroe COLulty ordinance. Mr. Smith stated I'bar that
ordinance was not effective yet and N,vas on appeal, Ms. Scheniper stated that was the sarne for
Isla rno rada, Mr-. StIlith Stated, that as soon as the hurricane evacuation Was addressed, their that's
firral, whereas Monroe Courity"s was appealed on, can numerous grounds. But the applicant
acknowledges they have to be able to get the development rights. Ms. Schemper asked it' that
worild be something tile applicant would be willing to write into the amendment. Mr. Smith
confirl-ned that to be correct, it was always the intent oil that. The two parts work in UtliSOil With
the corranercial retail braying down the cost ofthe land to make the affordable housing feasible.
Chair Scarpelli asked ifthill. NVOUldn't be more appropriately part ola conditional rise instead ofa
land Use amendinent, Ms, Scherriper stated that because the purpose of this land development
code amendment and what it's doing is allowing as larger building,, and tile argument is that the
reason for the larger building is to fund tile affordable housing, that it's all one, big picture. This
has been done with other protects, but the full picture of'the development plan very often gets
written into the actual policy.
Ms. Schemper also vvanted to make sure the CojumiSSiOn Understood tha,'tt the way the
amendment is currently written, it's actually I)LItting more hi its in sonic ways on the
development allowed on that property. Whether that's in terms of number of"units, total aniOULlt
of square footage., whether smaller buildings or I'll-ger builidiligs, the total amount Of Square
15
3573
Cootage right now is written in to be limited, But it is also written to limit Which Uses, MS.
Schernper wanted the Commission to be aware that other uses that VVOLIld normally be, allowed in
Suburban ('orninercial do include things like offlwe space, restaurant space, corralict-cial
recreation, public buildings, parks, public infrastructure, inStitt.16011al, et cetera. So there are two
directions to go. Either it's written that non-residential uses are allowed up to 70,000 Square foot
Building or ifthey want to be specific that it has to be conimercial retail, that's another direction
to go, or if' they want to list additional uses. She was not actually Sure what the intent of the
applicant was because right now, the purpose says conin'iercial retail, but the list of'requireinents
says non-residential USCS, Mr. Stnith stated that the purpose is comiriercial retail. Nis, Schemper
stated that was something to keep in mind, if the Commission wanted it limited to cornmerciall
retail or left: open to other things that could possibly go, there with it SUCh as public buildings,
institutional„ office, et cetena,
Commissioner NCUgent asked it'it wOuld be thir to !say that if this was denied, sornething is going
to be built oil the 20 acres by sonlebody,, Ms. Scheniper stated something; would probably be
Wilt there, yes, It would have to be in snialler buildings. It could be more units, more scluare
footage, but smaller individual buildings, That is where the conflict is between what is being
proposed and hmv the current code is written, The maximum square footage that could go on the
site right now is about 120,000 square feet. Ms, Folpin stated that it ranges based oil the
intensity, From 9 1,000 f(V high intensity Lip to 212,000 square feet for a low-intensity use. Ms.
Schernper added that that Would all have to be in individual smaller buildings, It could be
developed as a combined development plan, but it would all be sirialler individual independent
hilildifIgS. Commissioner Ritz confirilicd that was aInrost I'wice the amount of square 66clu'.-Ige
that could be built there it'they built it in smaller units. Mr. Sinith added that the applicant is
committed to the workforce units, that certainly before the CO of' the non-rcsidential, that the
UrlitS would be CO'd, but the final recorrimendation could includes that language with direction
lbr staffto finalize that language, and lie would N(JUeSt approval with that language.
Chair Scarpelli wanted to clarify that it would have be a 1ARICh of"smaller stores, but that they
would also only be able to be developed one per quarter at 10,000 square 'feet, Ms. Schernper
stated that would be correct, it would he slower, Commissioner Denies asked if large building
was defined in the Comp Plan or if that was 'just Sub'jective. Ms. Schemper responded that Ws
greater than 10,000 square feet, Fhis limitation is not ni the Comp Plan which is why they're
able to request this through the Land Developnient Code only. The Land Developilient Code can
lie iriore restrictive than the orrip Plan, but this, does not require a Conip Plan amendment. It's
in the NROGO section of the code, -Maxinitun floor area per structure. a, SITUCtUre shall not
receive an allocation," that's the, NAW(JO square footage, "shall not receive an allocation that.
expands the structure to more than 10,000, square feet of non-residential floor area, excluding a
structure in the Urban Commercial land, use district," when those can, go up to 50,000. "and a
structure within an overlay disti ict established in a community rnaster playa iii which the
niamarturi shall be governed by the master plan it"applicable, or within Chapter 130 specifically
allowing such a StrUCtUre (4 OVU 10,000 square feet,"' J hat last phrase is exactly what is before
the Conimission today. It is as proposal for an overlay within Chapter 130 specifically allowing a
structure of over I O� ,000 square fiect.
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3574
C ornmissioner Ritz stated that he has lived in Key Largo for over 30 years and knom's about half'
the audience. Fle is aware that Tavernier is very promd, and rightly so, of the historic nature of'
'Favernier and wants to protect that.. Fle also knows they are not particularly interested in
protecting the historic nature of"the cernent plant so that \vould be an exception, He is also a big
Bane ofthe CornmuniKeys plan and the hard work that people put into it and, thinks that's really
important to keep community character in the forefront of`rater niinds whether at this step or the
next step. 'rile applicant has stated this is as 0-acre site, unique or somewhat unique, and lie
agrees with that. The applicant should also get credit fi)r proposing about hall' of the
development that fie could otherwise propose. Workforce boll is (fie lop priority. Fle would
love to have a park in fi-ont land workForec hOUSing ill the back. It's a swell idea. 11'it were his
property and tic could afford to do it, lie would do it. He's looked at building afforclable 11OUSing
and it"s tough, and oftentinies yoW need an econornic engine to rnake it work, He understands
what is, being proposed. Ile agrees with Ms. Schemper that if that's the reason, then the
aapapalicaant®s f7ect inust be held to the fire to build the affordable housing first and non-residential
second, because we're not considering it j us,t as as PUbI ix. to rnakio sure that Nve get the workft)rce
11OUSing, it'diat's, one of"the reasons we're approving it. Commissioner Ritz goes by the site fOU1-
or five finies as week. In the last several weeks he has assumed that there is sc4rie dlevelopment
there and tried to pull into the Ceniex Plant from every direction and leaving every direction to
try to figure out how this traffic is going to flovv, it is going to be tough and fie is curious as 'to
what the traffic study says. He believes it can be, done but the traffic study is going to be
critically, important to make sure people can both enter and exit northbound and southbound on
that little road. The site is surrounded by residential so buffers should be addressed. ']'here are
several Publix stores we can look at. "I"he PUbliX in Key Largo incidentally has affordable
housing behind it. When lie first moved here it was hard to find PUblix when driving by because
it's hidden behind all ofthe native landscaping. PUblix in Islaniorada is out, in the open and is as
rather attractive building. Big buildings like the hospital and the Publix in Islarnorada can be
bUilt and be attractive With 00rufful , un,
.), character, and there can be very attractive small
buildings maybe like a gas station that,s not very attractive. Size may not be the defining factor
but rather the cornimunity character, The architectural style and use is more important to
C0111rull character than the size. A good point is if"this doesn't go there, what does go there.
Something is going to go there and it's as big site. So that needs to be kept in mind. TaN,,crnicr
inay be hit with more traffic because; it Would draw people from north and south, but Islaniorada
rriay win both fear affordable housing and traffic. Commissioner Ritz is no longer on the if AA
board of directors, but was on there for a long tines and there is lots, and lots of water in F•,lorida.
We have a flooding problem. not as water l.iroblern, It's a storage problem. The IKAA has built
wells in Miami, has an RO plant in Miami, It would wan-ant another presentation to this Board
from the 17KAA to have sorne assurances, but when lie was on the board (here was lots of water
available to COMC dOW11 this Way. Traffic, however, is a problem,
C.ornmissioner Neu gent stated that l'or the 20 years fie was on the BOCC tile would drive back
and forth between Key Largo and Key West, and the time it takes hini to get ft0m one place to
another today is time same as back, then. " o) FDOY has been doing a good.job in clearing Up some
of the traffic bottlenecks. A lot of traffic probleins are self-induced by all the events on
weekends when traffic gets backed up for miles, from the Stretch to the event. Also). the TDC
spends about $76 million a year on advertising for people to come down to the Keys.
Commissioner Neu gent travels now between Key Largo and Key West once a week now, and
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traffic, is not his, number one iSSLIe. AlTordable housing is h,is number one iSSUe. 600 units Were
,just built in the Lower Keys and their- occupancy rate is between 95 and 100 percent. One was
just finished last week With 280 units and it is fully Occupied. There is no question in his mind
that We need housing. 5,000 units were lost in unincorporated Monroe COUnty froni Hurricane
Irma that were either Substantially darnaged or destroyed. The County has been pla in catch-Up
('roin as hOUShIg standpoint, and adding vacation rentals and second hornes which have bought Lill
all of the soiriewhat al"Fordable 1101.1sing stock in Monroe County, 'Fhe housing need cannot be
denied. This project is attractive because, of'the at'l'ordable housing element within the PUblix
grocery store. PUblix is very, successful and people like Publix. There are soine positives in this
project and lie believes it Would take sonic traffic ofTthe i in riled iate area.
Commissioner Denies stated that lie normally starts as all advocate of maximurn density and
intensity and then takes rnitigating (actors Lip and down, When denying all owner the right to
develop their property, sornediing Should compensate therm Cor it. But, in this case, we try, to
balance community character. irriPact to the COITIMUnity versus the fight of a person to develop
their property econcHilically. Fle transits the Keys and tries to stop at a ditJ"crent restaurants or
retail stores and, buy' SOLIlething every thile Ile conic through here. He is the chain-nan of the
board of'a financial institution that opened an ot'lice i rl 'r Favernier and eirloys COuling Lip here. I le
hasn't been as l'ortrinate as Commissioner NCLIgellt Willi the traffic issues. Commissioner Denies
asked, N/1's. Schernper, about the point made by Nlr% Stilith that the traffic study isn't nornially
required at this phase o f� development. Ms. Schemper responded that because this is as significant
change in the zoning to what type of developirient could be allowed oil the property it's
irnportant to look at all the factors, as soon as possible. Imagine approving this amendment and
in siN months when it cornes, flMC building permits, there's rice capacity oil tile road here.
Staffasked that the applicant do the traflIc study and they agreed. '"I'lley went back and ftwth on
the mitigation as part ol" the applicant's claim %vas that it may actually reduce trips based on as
new type of traffic Calculus. StafT stuck with the Way the, calculation is USUaIl.y done, not
knowing what retailer this could be, and this will require the mitigation. The appiicarn has
agreed they would do that, but haven't yet identified the option for i-nitigation, Corillitissioner
Denies stated that years ago the actual coninlent as to irall"ic came back that You can't make it
any worse, I didn't really buy that but I arn sensitive to traffiic. The conirneat about this
increasing crinie, lie takes as as neutral conuirent. As to the additional housing requirement
versus \Vital is built, guaranteeing this housing iS actually built is definitely a priority. I pis other
concern is caps oil the amount c4 conriliercial space, for whatever reason, oil the site as, well as
the workforce all-ordablie housing, LHldCI°Sta,u(fiug affordable is a controversial terril, but that that,
is, written in there so we don't SUddeni,y see market rate housing popping up like n-nishroorns.
Commissioner Hiornas lirst thanked, all the residents who came lo spcak on this iteni, noting that
they are trying to protect their conimunity and they ShOUld be applauded for that. F,veryone was
very eke cluent in their com C ments, ommissioner Thornas made a, niotion to uphold staff
recornmendation to deny, the proposed aniendinent to the Land Development Code.
Chair Scarpelli commented that both density and intensity should be looked at, along vvith
diversirY, "I'lle limiting Cactor of"the square Cootage is as good thing in this aniendnient, however
it's all the sarne thing, eerie big box. Il'hal has potential issues in itseffbeing so large considering
that iCs, proven that it doesn't have to be (flat large to Ile successCul in other areas. We have
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super large stores that still remain vacant in other Municipalities. Chair Searpelli Nvould be
Curious to see what is the right square footage, but it surely isn't going to be one store of 150,000
square feet because that is the maximurn density fbr this area, but it also Shouldn't be one store at
70,000 square feet. On the other hand, he can see, the applicant's point that 10,000 square fleet
per quarter oil as 20-acre site is not oonducive, either. Sornething needs to happen than allows it to
11jeCt in (he' middle s(.irnewhere to make it make sense. Chair Scarpelli thanked the PlAblic for
corning out and sharing their voice today.
Motion: Commissioner Thomas made a motion on Item I to (Jetty the application and
uphold decision of Planning Director. ("onamissioner Denies seconded the in otion.
Roll ('all: Commissioner Demes, Yes; 'rhomas, Yes; commissioner
Neugent, No; Commissioner Ritz, No; ('hair Scarpelli, Yes. The motion passed 3 to 2.
Corn in i ssio tier Ritz asked Chair Scarpelli for clarification. Understanding the Commission is not
in as pos,ition to negotiate with the applicant at this, point., but asked if Chair Scarpelli had been
insinuating that it' it were 50,000 square t`ed that Ile would be in flavor of it. Chair Scarpelli
responded possibly. The point is we're not talking about a 70,000 square foot PUblix, but as
70,000 square foot as a maKinium and no configuration whatsoever. And as far as that being
developed at one theme, lie does not think that's correct and that's vvilal is against time band
Development Code as it's Currently written, Maybe on the County's side they need tam look at
that for specifics sites such as this, the zoning being I..Jrbari Corru'riercial and that 110,000 square
feet is too little of all allocation for a site this size. Commissioner Ritz added that the bortorn line
is a recorinliendation is being made to the BOCC, so be was trying to deter line where the
inaJority of the' Conimission actUafly was.
Mr. Wolfe stated that since the vote was to deny here 1, the vote oil hern 2 was riot needed.
(Recess frorn 12:18 pmi� to 12:30,1)
Mr. Wolfie stated that it had been earlier- stated that Iterns 3 and 4 \V01,11di be read together.
Flowever. though the presentations may have sonic over-lap, these iterns, need to be heard
individually,
3. 7-ELEVEN (DANIEL BARIZY,_jr, & ARCHER BARRYL.......98200 OVERSEAS
LARGO., FL., 33037 MILE MARKER 98: A- PUBLIC HEARING
ONCTRNIN( A R1`Q[JE1ST FOR, A VARIAN( F' '10 ACCESS STANDARDS SET FORTH
IN CHARTF."R 1 14, AR'11(11E VII OF 1411"I'l MONROE C`OUN'TY LAND D[i;VFLOPMENT
C01)[' BY AXIS [AA ON BEIIAI.A` OF DANIEL, & ARCHER
BARRY. APPROVAL WOULD REISULT IN TWO (2) ACCESS DRIVI-I'S ON 'I FIL' SUBJECT
PROPERFY THAT ARF", SPACt."11) [T.SS 'IIIAN '111E R1,,.,QUIR[A) DISTANCI OF 245 [,TTT
FRON/I ADJACEN]" CURB CUTS. THE VARIANCT IS REQUTSTED FOR THE
DEVFLOPMEN'T OF A I]IGII INTENSFFY C OMNI I"IRCIAL, 7-ELEVEN CONVF'1N1l-N(T
STORE WFFII I I FUELING S"FATIONS, ON PRO131"RTY DESCRIBI_,A) AS LO`FS I
THROUGH 6, BLOCK 1, ROCK HARBOR EISTATES, ACC I IORDING TO Fl-IF PLAT
THE'RFOU', AS R FC,0 RDE"D IN PLAT BOOK 3 AFP,\GE 187, OFTI IF,", PUBLIC RE"CORDS
19
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OF MONROE COUNT'Y, FLORIDA, FIAVING PARCEL ID NUMBEER 00519590-0000W
2022-206)
(12:31 p.rn.) S. DevinTolpin, Principal Planner, presented the staff reprint. This is as request
(or a variance to access standards, to Chapter 114, Article 'II to the Land Development Code for
as proposed high-intensity coinniercial retail use. 'This property is approximately 1.09 acres
located in the Suburban C,ornmercial zoning district designated as Mixed (Jse Commercial oil the
County's Future Land Use Map. ]"he property is currently operated by a conlinercial retail store.
Hie applicant is proposing to conipletely redevrelop the subject property with a 4,730 square foot
commercial retail convenience store with five double-sided fueling stations, and one additional
Rec 90 frieling station, S. rl,()lpi n presented tile proposed site plan. The land development crude
require's that when a property substantially irnproves that. it must COMC intO full COulplianCe With
the access standards, There is a 24546ot minimurn distance between curb cuts onto U.S. I for
properties such as this. ]'his site plan includes two access drives, onto U,S, 1, one oil either side,
each being m.lo-way, that do) meet the 245400t curb cut requirement from the Grand Street
intersection, but they do not meet that cfistance reqUirenlent from the access drives of' tile
property to the north, One driveway is about 43 feet, and the other is abOUt 45 feet fi-orn the Curb
cuts of the driveways to tile north which is, the reason for the variance. When reviewing for a
Variance, the applicant illUst demonstrate than they meet all eight of tile, re(JUired criteria and must
defIrlollstrate as showing of good and sufficient cause that failure to gralit the variance would,
result in air exceptional hardship, that the vzrtriance is the minimun'i necessary to provide relief"
among the other criteria contained in the staff report and presented oil the screen. Staff has
IbLuld that the applicant has met all eight 01' thOSe rC(IUired criteria, and staff recornnicrids
approval of this requested variance with the conditions that vvere included in the staffreport and
on the screen. 'Fliese are general conditions.
Commissioner Denies asked it' sorneone carric in and built exactly, what is there today, it" they
wOUld also require a variance, Ms, yolpill responded that, yes, in order to substantially improve,
redevelop a new use or expand an existing Use they/ NVOUld have to comply with tile sarric
standards, Conlarrissioner Ritz asked il'thc applicant could sfinply move the ingress c)r egress the
correct number of feet, or vvoulcl they' then be 1,11 trouble vvith the other side, Ms. Folpin
resporided that because of the length of' the property there is not sufficient area to be 245 feet
from both the driveways to the north and the Ccrand Street, intersection. Chair Scarpelh %valued
to clarify that the existing curb cut oil that end of property was roughly in the same location as iit
is presently. Ms. Tolpin responded that that was correct, more or less. It may be moving as little
bill but riot, by Much, There were no further questions or comments from tile Commission. C'Ilair
Scarpelli asked to hear from the applicant.
Ty Harris, attorney for t'he applicant, stated that, lie had the same: tearn present as the, last time
they vvere before (lie Planning (onimiss.i I oil; Jason froni Axis I lutton and ]air Rairden of'Kimley
I lean as the traffic consultant. At the last meeting the applicant had rilet five ofthe eight criteria.
A her a lot of"public itll)Llt and discussion with staff, the access was reworked and staffhas no\N,
determined that all eight criteria have been met, As just stated, to rebUild the Anthony's that is
there no"w, they WoLrlld be here asking f(-)r the sarne thing because there is riot enough room liar
anything over 2,500 square (ect to meet the access driveway requirements. Mr. I larris stated that
having given their presciltation at the prior meeting, he NVOUld be available to answer questions
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3578
and reserve some time For rebuttal it' needed. There were no Commission qUesdons of the
applicant at this tinie,
Chair ScarpeHi then asked For public comment, emphasizing that this item is regarding the
variance. Mr, Wolfe also clal-ified, (fiat. the speakers ShOUld limit their comments to anything
about the variance. Ifthe variance is approved, then, tire), would have another shot on the nlawjor-
conditional rise to discuss the concerns regarding the proposed development.
Ms. Ann Flelmers, as resident of(irand Street, spoke (,)it behalf'of tile Federation offliomeowners
fir Ms. Dottie Moses NvaS Unable to attend. The Federatiom represents 2,500 people who live in
this C0111111LInitv. They had held two coillillUnity meetings with ahlrost 140 people in attendance.
Of those people, there were only two people who spoke in favor of"this. One -was the broker For
the real estate deal and the other was a consultant. Ill regards to the variance the issue is safety.
The community is riot averse to having as bUSilless there, lout not this bUSineSS. This is Sinlpl)' Out
of complete adherence with any reasonable expectations of' this property. Specifically to tile
variance request® the applicants came before tile Commission several nionths ago to request a
variance and that request was tabled. They have n(AIV COrne back and, in their generous
munificence, they have told the corni"1111111ty we heard you loud and clear, you don't. want Grand
Street acciess, so what we're going to do is movie it to the other side of tile property where it's 40
('cet from ail entrance to a second gas station, Back-to-back gas stations, one of which will be as
24-hour operation vvith a convenience store that includes Rec 90 firel, and eleven pumps next to
one where people and entering and exiting. It's sirriply sonlething that is going to cause a
dangerous sinlation, every day, riot only Cor those of Lis who live in the area, although that's
primarily who the "'oninlission, will be hearing fi-oni, butf indeed everyone. I you are ill a lame ill
which people are going to suddenly need tea nrake turns or ill which there is a boat being pulled in
and out, that is going to be a problern. Issues such as congestion and Cuing at this site, fiJel
deliveries, the store inventory deliveries, trash processing, will all affect traffic, f,biS is already a
dangeR)LIs area of'the highway for accidents and faralifies and will be more so. Deceleration and
slow,ing distances, are siniple matters of physics but they are also life and death issues. l"inally,
as to community character, while it is riot strictly a residential area in the rnedian it certainly is
riot amenable to what basically will beconic a truck stop. We appreciate that in Monroe County
Nve have a Planning staff that Naas been nothing but helpful and cooperative, and we also have as
layer above the 111anning staff. County staff'triakes tile reconiniendations and analyses based on
the statutory reClUirements of the code, The Planning Commission is here to listen to residents,
and to make decisions encompassing everything, inc lUding the code, but also including what it is
like Cor those Naha five here, work here, raise children here, go to school and business here and
go to dinner here, The Commission has the authority to niake this decision arid just because YOU
can, doesn't unean you should with this variance. and Nve hope you'll decide you won't.
Mr, JI) Carballo, a resident of Rock. Harbor I-I'states for over 43 years, representing the Rock
I larbor Property Owners Association, stated at that at the last Planning C"orrunission meeting the
Commission had been concerned about the traffic inoverrient vvithin and around the entry and
exit from the site and asked the developer to provide sonic infiorination regarding the circulation
around the site and access and it has still, not been provided. In tile latest plan SUbtilitted about
tvvo weeks ago. they removed tile Rec 90 labels froni the fbel pumps. B,efore, the Rec 90 was the
boat fueling station and the two purtips on the end ofeach island which lined Lip with the two old
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3579
driveways, That made good sense. The put-rip labels have disappeared SO t1OW 110 one is Sure
where those are going, to be, Mr. Carballo presented photographs of how cars park at the 7-11 to
get gas. They line the fuel tank up at tile hose. They don't stop on the pad normally where tile
car stops so they take Lill more roorri, on the site, Mi% C'arballo presented photos taken at the ']'out
ThUrnb at mile n-Larker 97 showing a big boat and a pickup taking tip all three purrips, along with
the congestion of people PLI]Iillg irl and out in all directions, Mr. Carballo presented photos ofa
traffic backup at mile marker 97 onto (JS I' Fie then presented photos of the Anthony's
driveway With all Outboard sticking out from the Marathon station to the ,Anthony's Curb Cut.
Commissioner Dernes asked Mr. Carballo to go back to, a prior photo, which lie did, Traders
with boats, RVs and delivery trucks cannot circulate the property. Mr. Carballo presented
diagrams of the site plan with various trall1c patterns depicted, while explaining required
turnarounds for traffic. Mr. Carbaflo presented Various examples ot" diagratus generated frorn
site conflict software showing IlUge crisscross traffic conflicts,
Mr. Bill Wrublevski lives across front Anthony's oil Rose Street, on the ocean side. lie has as
commercial driver's license and part of his business is driving heavy trucks. What was proposed
on the initial plan at the first meeting in Marathon was for a WD50 fuel truck, which is a
standard fuel truck seen everyvv,here. This new redesign is For a W134() fuel delivery truck
because th(,,Y can't get it in with this new design being so close to tile other driveway. I le took a
survey oil April 20 froni Key Largo to, Paln't Beach to see how inany of the smaller fuel trucks
were out there, and they couldn't find one OLIt of tile 50 trucks that they saw. All were the larger
fuel trucks, 1,fis concern is the that community is being told that just for (his one 7-11 they're
going to have a special truck JUSt to deliver fuel to get into this entrance because as bigger truck
cannot get into this entrance. Mr. Wrublevski presented diagranis showing tile size dil Terences
between the fuel delivery trucks. Iniagine two fuel delivery trucks trying to get into two stations
at the same tirne or being backed Lip in traffic. A big,... truck needs to use two lanes oftraff-ic, and
the I'DOT classifies this zone as as high accident area. The applicant's own platis show these
trucks will have to rake six turns to deliver fuel. 'riiis is a major concern, Mr, Wrublevski
hopes this is not approved. It is going to cause, Undue harm and a safety concern for tile
community.
Ms. Jeanne Brennan has a bachelor's and master's degree in geophysics and has been visiting Or
living in the Keys for 30 years. Ms, Brennan presented crash data for the Keys using data front
local jurisdictions, Ms. l3rennan presented a display frown F,-C'orn Frorn tile TMP Study showing
the Key Largo area where the proposed 7-11 is has a IlUillbeT Of high, crash list segments within
that area, Nis. Brennan then presented a diagrarn frorn I DOT data showing fatalities in this area
frorn 20 14 to 2018. The proposed 7-11 does pose as threat to pubic safety because it is in an area
that is already high crash. Ms. Brennan then presented a diagram irlClUding the years 201,8 to
2022 and there were 459 crashes in that area during that tirric span. Ms, Brennan then presented
a diagrarn for tile Torn Thumb which is a 24-hour gas station located in an area without a lot of
Curb Cuts adJacew to it and no residential properties in the area., yet there is a high CILISIer OF
accidents around the I I orn 'ryburub. This is what would be expected to happen at this propose(] 7-
11 location. It's reasonable to assume that curb cuts and intersections lead to more accidents.
It's an observation everyone has forin driving, the highways. In this area there are tile Curb cuts,
there's Almay, Street, Grand Street and Largo Landings, so there are it lot of`residences. Not so
at the Torn, "I'liumb. Ms. Brentran then showed the data on, the in.juries froin the accidents in tile
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area. The variance should not be approved because it does not meet all of the requirements that
the risks Of PUbliC safety will not be increased. There is air increased risk of'public safety if this
variance is granted.
N4s, Jody Kohlenzer stated her family has lived on Rose Street for 4.3 years, 'I"his proposed gas
station directly, impacts the traffic salty of this conimunity and for visitors to the Keys. U.S. I
can be dangerOLis and this will make it worse. The Cormirission's decision today can save lives.
The signs tell slower traffic to keep right. That means the faster traffic is going to be ill the fell-
hand lane. F,ach vehicle entering and exiting the gas, station will be slovving down in the fast
lane. With the gas station in the median, the deceleration ofa moving NrelliCle is at least 200 feet,
and longer than as football field if the vehicle is towing a bloat. "Flie rileighbors see and hear
vehicles screeching their brakes because the vehicle ahead ofthern is inaking as quick left-hand
turn, frorn the fast lane. She witnessed this just this past week. Adding another gas station of any
size will multiply tire dangers. Her traffic engineer confirms that this is a high-generation facility
in close proximity to Grand Street and the existing Marathon gas, station and will create
numerous conflicts with traf'lic and hazardous conditions likely reSUhillg in additional accidents.
Mr. Matt Kobtenzer is a retired Naval aviator and airline captain having 60 years of flying
experience, over 20,000 hours ofcockpit time, and had the privilege oftrairsporting thOUS,ands, of
people, safely throughout the globe. To do that. he has to lie annually trained, consisting of
demonstrating equipment and system, abilities and knowledge, maneuvering in many tight spots
on aircraft carriers and spent years weaving as Triple Seven around taxiways and into tight
terminal gates. I Ile has driven as 16,000 pound rig that supports and transports his 3-foot saillb,oat
that he has taken to regattas and other events, He has experience with stopping distances and
turning radiLlS reqUirenrents on land, sea and air. With his experience operating this heaving
eqUipulellt Ile can state that the planned development being looked at will lead to) accidents. lie
has been taught to analyze CIOSUl`e rates. stopping distances and turning radiuses, lie is acutely
aware of the startled reaction, of oi)cralor behaviours, especially when they lace Unexpected
situations which havejust been presented. people do not react well to that. It is his opinkm that
traffic will not be able to navigate this gas station in this location as presented. Mr. Koblenzer
[lopes tile C,ornmission will protect the: traveling public in their consideration of this matter as lie
has in his charge.
N/Is. Lisa (Jahagen has lived in. Rock Harbor L".states in as house built by her grandpa for the fast
54 years. It's the only place she's lived in the Keys, Site enlisted eight volunteers to study five
gas stations in Key Largo in the one block of Grand Street that lies in (lie median, These
Volunteers have spent weeks studying trall'ic f1mv, noise, congestion and pollution at their
location. We all have been at our stations at various tinles during daytime and night tinic hours
and then- observations have been surprising. Ms. (.iallagen focused oil Grand Street, 155 feet.
long, bordered oil the north by Anthony's and the proposed 7-11 and on the SOLull by a boat
dealership. N/Is. Galiagcn lircsented photographs showing cars parked on both sides of the street,
durripsters located along (fie street meaning garbage pickUp stops traffic oil Grand, and truck
stops to unload parts to the boat dealership, It is 110t LOIC011111,1011 to have to go around these
tf'Llcks to cross over the northbound lane to enter her neighbOUrhood. When encountering this
Situation. cars turning left off`of northbound I..,)' S, I run the hazard of missing the Grand Street
illedian turn, turning into a car going around arl Llifloading truck, or pulling into Anthony's
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parking lot to go back south. She has been involved in these situations many times, The fille of
vision to the south of U.S, I going east is obstructed by signs, utility poles and wires, LInsafe
conditions already exist at this corner. Combined with the possible thOLlsands extra 7-11 traffic
and this is truly an accident waiting to happen. In the Courity's Land Use Developinent Code
Section 10.3 to 187 regarding obtaining a variance. requirement 111.1rullffthree states, in part, "The
applicant Must demonstrate the variance will riot create a threat to public hezilth and sal ty or
create as public nuisance." The proposed 7-11 will in fact create a threat to public safety every
Orne the residents of Rock Harbor L.states eater their!" neighbOUH-hood. and it will also affect all the
drivers oil m)rth and southbo:)und U.S. I at this locatioll, �A, f,*cw Inoriths ago she wrote an email to
the Connnissloners about. her concerns which talked about a member of'her family being killed
in this area. She does not mult her family or anyone else's to have a death in theirs. Do not
approve this variance.
Ms. Nancy Truesdale is a recovering attorney having spent. 15 years practicing law and teaching
high school for 16 years. She has owned property and, lived al-OUnd rude marker 98 since 2001
(Ker the last 20-sorne years of living oil both sides of U.S. I she has gained, a great deal of'
experience Nvilh (Ile traffic and general driving, conditions in this area. In preparation for this
hearing she was, one ofthe two VOILlIneers recruited by Ms. Lisa Gahagen to observe traffic at the
']'our '1171-numb, her husband took those Torn ThUmb, pictures, and also those at Anthomy's over die
several weeks getting ready for today. Ms. Ciahagen referenced the Land Dcveloprnent Code
that regulates and guides this Board ill decisions, The applicant wants you to grant its request for
as variance and in order for you to do SO yOU Must determine that all eight of' the standards of
Section 1022-187(d) one through eight have been met, She does not believe that one, two, three
and eight have been met. One is good: and sufficielit cause. Their cause is because they want to
Pill am 11-purnp gas station at this location. L,ast time when. this itern was looked at ill Marathon
the Corrimissron asked the applicant to go back alld re-evaluate their application and make sonic
changes as you vvelTnt certain because of the UlliClUe characteristics of this property, Not many
properties, in M()nroe County are in the inechan of U.S. 1, and even fewer have cross strccls like
Grand Street., and even, fimer have these nonconforriling driveways. There is as lot going on With
this propcily. By their own filing they stated egress frorn Grand Street would, qLlOtC, "ITSUlt in a
queuing Past ally reasonably spaced driveway, connection on Grand Street, even it' Overseas
Ilighway higresscs and egresses were maintained." .lust because access front Grand Street can't
be saf"cly designed for this proposed use, doesn't nlean that creating single driveways within 46
feet ofthe neighboring Marathon gas station and across the street frorn Ahilay is sonichow sater.
It's riot. There is no safe driveway for this I I-PUrrip gas station and, consequently, the applicant
leas failed to show good alid sufficient cause. TWO, f1lilUre, to gratit the variance would reSUIL ill
exceptional hardship to the applicant. "I"he applicant states that if"YOU don't grant the variance for
this coniprornised driveway back to back with the Marathon station and across from lmay that
they would lia,ve to use Griand Street, That's fitulty analysis because by their own documents
they state that Grand Street would be Ullsafe. Their applicatioll reveals there is no safe driveway
f'(--)r the proposd and,, as as result, that does not mean yOLJ have to grant this. And, eight, the
variance is the mininium, necessary, This isn't the nlinitnum, this is the ritax ini ult].
Mr. Andrew Tobin, read into the record the cmiclusion reached b.), Mr. Moss who is, as traffic
safety expert vvitness to)r crashes and negligence cases. 'The report is in the (.0i'llulISS1011 S
packet. -Cconsidering the large IlUniber of daily trifis expected to occur at this station, the existing
24
3582
hazardous conditions that will be exacerbated and the nurnerous conflicts that will occur as as
result of the deN,clopment, based upon oil my background, experience and training, it is my,
opinion vvithin a reasonable degree of' engineering probability and certainty that this high-
generation facility ill close proximity to Grand Street and the existing Marathon gas station will
,create numerous conflicts with traffic and hazardous conditions that are likely tca result in
accidents." That is the public health safety issue. A for snore time could be spent going over the
various traffic issues, Grand Street is a problern. It's got a blind corner. Every tirrie you cross
into Rock Harbor Estates you have to PLdI altilost into U,S. I to cross. Mr. Tobin had prepared a
mentoranduin of law fior the Commission that was in their packet, The law on exceptional
hardships is that it has, to be a legal hardship. I-legal hardship is defined in about a hundred cases
as, "it is impossible to use the property fi)r the purpose for which it is zoned to quality it for as
legal hardship," As staff' correctly points out, this is at commercial retail use. The use is
primarily for the sale of consumer goods, products, merchandise or services. Substantial
inlprovernent is defined that you can have any type of commercial rise at the existing store, you
call repair it up to 5O percent of' pre-destruction value. so there is no hardship here. A legal
hardship is not, we can't do what we want to do. '['here has to be: criteria. There was as recent
case of as variance where his, clients were protesting a house next to their hOUsc and the court
reversed the Planning C,on-anission s decision because not, all of'the criteria had been met. So.
yes, you can have a smaller hcwse.- yes. you can have a smaller gas station". Yes, yOU can have
something other than a high traffic generating facility it) a high crash area. Mr, "robin has
represented a lot ol'property owners and is in favour of property rights, but tile standards have to
be niet, You have to meet all of them, and the other standard iis the tnininvurn necessary. Mr.
Tobin believes that staff, vvho does a great job and spent a lot oftirne oil this, looked at this ill a
linear fashion and didn't contemplate the law which is you have to be denied, You can't use your
property at all in order to qualify f'or a variance, it has to be impossible. '"I'llere's one case that
talked about the Florida law and that was Herrera vs. ,'ity ot'Miarni where tile COUrt re'jecled a
Variance based oil the failure to show that the pro'ject could not be reduced in size t,)r the Project
might riot qualify for federal financing. So just beCaUse you Can't use it for the highest use, and
this is squeezing every square inch, does not rnean it's, as legal hardship. So they do not qualify
under the ]a"/ for a legal hardship. Based upon the traffic, safety, and a lot offirne could be spent
oil this, (lie Moss report is good and has a lot of'exhibits and photographs in it,
Mr. Shannon Donnelly is as cliefthat has been here 3O Years, is a father and it bL1SiuCSS OWuCr. lie
is a supporter ofthe COITIMUuity and the Keys, and in all tile places lie has traveled and cooked in,
five-star restaurants in anada, the LI.S. and F."'UrOPC, tile IlUrnber one thing that he always looks
for is what conies first, It's et.Minion sense. $5.000 does not need tun be spent oil a safety expert
to cite all of' the things people have brought up here. The number one thing that comes first is
safety. ']'[its area is designated, as a high-crash, high-fatality area, Fatality means your wife, your
child, or your grandmother is riot corning home. There are a couple of options. You can light a
(ire or dig a hole because somebody is dead. 11' you allow this to gO ill we are going to have
more deaths. His kids have been here since they were born and have driven by the bodies. ltJLlSt
happened to his son tire other day. You saw point blank all of the accidents that circle this area.
This, is going to inagnify 10 firries what ware already have as a problem, WVve got ten I)OLAnds of
Skn-pees in as hVC-POUnd bag that is bursting at the seams, "I"llis is, gc)ing to be the catalyst for
rilore people tur die. The applicant does not meet the critcria. Safety is going to be adversely
affected as well as this being as nuisance. Nuisance is his last concerti. I[is vife and children
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corning home from crossing the street are his main concern. His Family alone has been involved
Nvith four accidents, When they cite this 559 crashes, there are even more fender benders arld
near misses, lie waited at Grand Street for 15 minutes the other day and lie calls it the roulette
corner. The Commission is here to represent us, to keep us, your constituents and our children
safe, At Grand Street your physical body has to be six feet beyond where the white line, is where
your cat, is supposed to stop in order to be able to see what is coming frorn the northbound lane,
People cannot make that turn when you)-c that fill' Out. This proposal takes away the safety riet
that is there, Anthony's has two turns coming in on the fell-hand side as you're driving north,
When )/OU can't make that turn, you have to try to back Lip, SO you back into somebody that's
behind you. Anthony's is the sari :+ty one for them to go around that pet-son that"s sticking out or
the garbage truck that's there, Corning in with somebody ()It your tail doing 601 miles all hour,
you don't have a great deal of time to brake or. see. It's a blind corner. Ifthis goes in, this super
high-clensity grotesque monstrosity operating 24-7, we're going, to have so many more traffic
problems there or so many more people stopping or trying to stop and that safety net is going,�, to
be gone. You won't have the opportunity to swing a little bit wider and rniss that person. Mr.
Donnelly's concern is safety and it's the C'ornmission I s,Job to keep their constituents safe,
Roserriary/ Donnelly stated she is niarried to Mr, Safety and is the Person who had, (tic front of her
minivan ripped off by someone trying to make the corner, Pulling as trailer in a really tight,
narrow congested area. She is against giving the variance to the 7-11 for (lie common sense
reason that it is as high-intensity gas station in all area that is already overstressed with the
amount of traffic in that area, including; bikers, walkers, people freaked out that they're taking
their animals to the vet, and walkers to the convenience store that's already there. ["lease take
into consideration not only those living in the Upper- Keys but those that five in the [toe ck Harbor
neighbourhood.
Ms. Susan 'ashin was called upon to speak, at which time all trill identi fiecL unintelligible speaker
spoke frort'i the, audience and (lid not use the nficn)phorle.
Ms, Kathleen Ludke (phonetic) was neat available to speak.
Mr,. Grant Rollin was not available to speak,,
Ms. Phyllis Mitchelt of Islaillorada came here today t'or the silliest of rcasons, She loves
Anthony's. There are very few places for LOLs to find clothes in the Keys. Ali LOL is little old
ladies. [let, daughters think Anthony's is for little old ladies, though she disagrees. She has
never seen a cornilmnity as well put together making as point for the safety of their area as those
present today and she is proud of thern. She believes they've made the point.
Ms. Leslic Bennett was not available to speak.
Ms. Joyce Bennett stated that she has heard so many worries about the conln-tunity and safety,
She used to ovvii the two-story building across the street frorn Anthony's which at that time was as
dance studio and she observed quite as few accidents then and knows it's even worse now. But
the reason she's here is she really loves, the Keys and she doesn't want to see more gas stations
26
3584
and niore IiqUOr stores. She would like to see more Anthony's as well because she's one of those
ladies. Please leave Anthony's alone.
Mr. Tony Davenport is President col`Landings of Largo right cross the street frorn the proposed 7-
11 and a fourth-generation Conch, really from Key West, and lie has seen at lot of growth up and
down the Keys, both good and bad, putting three gas stations within 250 yards Frorn each other
makes no sense and it really is as residential safety, concern. Tile major concern is the safety issue
that the 7-11 would bring. No one has ment,ioned the heavily-utilized sidewalk with runners,
walkers, bikers, people pushing babies in strollers and people walking dogs. People flOCUsed on
entering and exiting the 7-11 wilil not be paying attention to the sidewalk. He also has witnessed
many vehicles exiting and going the wrong way. 'rhere have been over five fatalities in the last
three years in that two-node stretch, two right In front of' Landings of Largo. There are many
residents in the area with children and there's the !school buses corning by. Oil behalf of
Landings of Largo, Mr. Davenport requests the Conirnission vote no. Something conirnercial is
going to go there, but there's got to be something a lot less density prone traffic wise li,ke
Anthony's or maybe a Bass Pro Shop.
Ms. Joan Scholz of' Islamorada believes the residents in the area have made their point. She
passes through this area every single day. Ili, addition to the school buses there is the JBT
transportation systern, that stops and as many know, Someone just got killed getting off of'the
bus, walking in front and getting killed. Safety should be number one For this variance and we
don't need another gas station.
Ms. Shirley Abraharn stated that she had riot planned to speak. She thought she was signing
something to say she was here. She has been corning to the Keys, since the '70s to visit her
parents and bought as retirement home in '94. Ms, Abraham has seen a lot ot.'cli,anges. She loves
the Keys, I Ier children now come and one is thinking about buying so it's in her history. She
has seen a lot of clia I rige that have not been to the good, horrible traffic and places going out of
business at times. It t s truly a paradise but she's afraid we're going to ask too much ecologically
and environmentally. I ler brother was all environniental lawyer and has done work in Marathon
with the shallow wells so the waters are at issue, too. We need to concentrate oil what is
important here and not make it go clown the tubes. Anymore traffic and she may be going north.
Mr. John Abraharn was not available to speak.
Nis. Joy Martin was not available to speak.
Mr. John Kocol owns the building lie bought from Ms. Joyce Bennett twelve years ago. It's the
Island Flaiiii-nock, Pet 1--lospital today. He also owns as few properties in the subdivision that lie
rents to the local workforce. In this tune he has seen numerous accidents here. 1--le is a free
market capitalist that believes anybody should be able to develop their property within the
boundaries of' the law as long as it doesnt sacrifice public sarety, and this I an obvious case
where it does. 'The only thing that makes sense to him to try and work out a solution would be to,
Put in deceleration lanes, and he has proposed this at every OP1101-tUllity. The comments being
received today are what YOU would expect frorn a community trying to preserve its quality of
life. Safety is a core value to all of us. We elect public officials to uphold Our core values and
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3585
every time those core values are not honoured a sniall piece of our community dies with it.
["lease don't let that happen in this case. The land development regulations are written and
entbrced for good and sound reasoning and should not be circumvented when it cornes to puhlic
sa�fety. Please reject the variance request and require deceleration lanes as a condition il'you are
to approve this protect.
MS. SLASall Holler was waiting to speak on the next stern. Chair Scarpelli asked For anyone
wanting to speak on Item 3.
Mr. Enrique Rodriguez, Vice President of Pirates ,'ove Association was riot planning to speak
today but listening to the distance (Withe curb cuts and the size ol:'(:he I'Liel delivery vehicles that
need to be reduced to make the turn in, as fie was listening to this he recalled that lie was the
driver- engineer' instructor fear the City of Miami and hiis job was to reach the firefighters how to
maneuver those large vehicles. In thinking about this, the Curb Cuts are 43 to 45 Feet from the
existing curb CLItS gOilIg into the Marathon gas station. Another gentIcilian pointed Out that they
bad to reduce the size ol'the fuel delivery trucks to be able to make the turn into tire gas station.
That raised a red flag because those fuel delivery trucks have a pivot point very close to the cat),
so they can make much tighter corners than a boat on a trailer. Now we have an I 8,46ot pickup
truck toNving a 30-foot bcnrt, which is very common, and then you have to add Five Feet oltrailer.
No", we're at 53 feet ol'vehiclie. They were talking about the large fuel delivery trucks being 50
feet. Now we're at 53 1'ect with as pivot point that is RILIC11 further back. on the rig, lf'they can't
retake as turn with as vehicle where the pivot point is way l'urther l'orward, you C,11!1't possibly
expect to make the turn with a boat and trailer pivoting much further back U11leSS You take Lip two
lanes, 11'a person tries to turn in through two lanes, they rriay not have as good field of view of,
what's inside the gas station, so they start making a turn and there's another vehicle there or they
can,t quite make the turn. Now what, do you do. You've got to back up on the highway, Ile
sees this as ail iSSUC creating potential accidents.
Ms, Mimi flentolila, the president (.)I' Pirates Cove, wanted to say that Pirates Cove is very
concerned with this as well, not just Rock Harbor and Landings of Largo. She agrees with
everything everyone has said, Two weeks ago she was heading home from north and had just
passed the CVS, was in the left-hand lane, and someone in the right-hand lane slowed dowrn to
turn so everyone had to stop super quick, and one of'the people in the cars turned left into the
lell-hand lane and aln,iost wiped, her Out. This is what people do. They come down 1rorn Mianii
and don't realize it's only 45 miles air hour. "I'liey*i-e going 60 miles air 11OL11'. When yOLJ have all
these businesses that You have to slow dmNir for in order U.) turn into and this is why there',,,,, so
marry accidents. Please dont grant the variance.
Mr, Don W-)vver of"Cirand Street commented on the Commissioner who said there was not much
traff-ic and he has to go back to Marathon. He invited Commissioner Neugent to meat him fly
Grand Street to look at the community and cross the street and all ol'the trat'lic conditions would
be seen right their and there. Chair Scarpelh asked what he was serving, Mr, Bower stated lie
Would greet him as a neighbour and lie Could put his order in. It, Would take them as few minutes
to get across the highway bill Ile Would wait, For them and keep the lights on.
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3586
Ms. Tina (last name unknown) had attempted to speak oil earlier iterns I & 2 but could not get
connected. She stated the solution to the problem with Cernex was for Monroe Country to buy it
and leave it as green space. Mr, John, Wolfe stated that this public comment has to be on Item 3.
Mr. Ignacio I Jrbieta spoke oil behalf of the Marathon gas station just north of the property. fle
works for the company that owns that gas station., previous to 20,21 , his farnily had been the
owner of that property for many years. 01' course lie has as conflict here but in all sincerity,
there's a serious potential for hazards for tile customers and employees. The existing nearby
driveway is already close to his current driveway but to add a very high-traffie business next
door that would also have heavy trucks and boat trailers entering and exiting, he would like to
confirm everything that's been said before, that this is certain to create a bit of"competition and
additional traffic and hazards (-)n Overseas Highway. lie is familiar with the technique to justify,
circulation inside ol'a development to suggest that Y()U're going to use as tank wagon or bobtail
short truck. That's not realistic in this business. Delivering from Port Everglades where the fuel
is coming from all the way to Monroe County in, a truck with half of the capacity, especially to as
site so far south frorn the nearest terminal and especially to a site that's projected to have such
high V01111ne is not realistic. Any circulation Studies should be analyzed with the realities in
rind that it's going to be heavy tanker trailers entering and exiting, and they may have to do
some special maneuvering to drop fuel. Having two driveways with trucks potentially doing the
same thing at, the same time is almost certain to create a hazard and definitely create additional
traffic. The traffic Study did not support the version that there would be overflow onto Grand
Street and Overseas Highway, and that needs to be substantiated before they have any chance of
really proving that they have an, exceptional circumstance or the other standards required Under
tile code.
Ms, Janice Lindsay-l-lartz has lived in Pirates (..ove for 36 years, and wants to add to everyone's
safety issues, vvith a human-eye view of what happens oil a daily basis here. She encourages tile
Commission to go to Grand Street and come to Pirates Cove. When she leaves Pirates Cove
from Gasparillo Drive to head north, she cannot cross two lanes of' traffic coming bumper-to-
bumper at 45 to 50 miles per hour, SO She turns right, gets up to 45, tries to get in the left lane but
traffic is going fast and it's hard to get in. 'I Iten she's looking for Grand Street where site earl go
across and go north and have the sane problems everyone has described. "fraffic is tailgating
her, they swerve around, give you the finger, sometimes swerve right in front to make as
statement that she Shouldn't be ill this lane, and then she is slowing down to make the left, turn.
]'his is very frightening and scary and is oil a daily basis, Adding this high-intensity gas station
to what everyone has said is already it high accident area is going to irrake it impossible. She Nvill
need to go even further South to turn around to go north, Site lives here because of the small
town community character, but this is turning it into this speedway, a dangerous area. and she
asks the Cortimission to please consider this when looking at this project.
Ms,, Ronnie Harris lives at Ro)ck. Harb<.)r Estates. A public sanity issue she has not yet heard
addressed is whether it's safe to live near a gas station. Ill an article by Fossil FUCI their
conclusion is with due diligence as houieowner can reduce long-terra risk by avoiding lionics;
located ill close proximity lo gas stations. There is, air abundance of scientific research regarding
the health hazards of living near a gas station. Columbia University, found matly of the nation's
gas stations are leaking hazardous Vapors into (lie surrounding environment and despite the array
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3587
of' modern safety and health guidelines, these gas stations often emit ten times the anioulit of,
erniSSi011S Used to determine setback regulations,. A study of U.S. gas stations found that benzene
emissions frorn gas station storage tank vents were high enough to constitute a health concern at
a distance of'up to 524 feet, 'Flie F"PA recommends screening school sites within 1,000 feet ot'a
gas station. A Joint Bloomberg School of' health and John Hopkins L)niversity analysis on tile
health implications or fiving near a gas station concluded that partiCl,llarly° impacted are residents
living near gas stations who spend significant amounts of' time at 11011le and children who live
and play nearby. 1"he National Institute of I fealth has published Countless resea
rch rep( rts on tile
dangers of'repeated exposure to liquid and vaporized gasoline. Long brain and kidney daniage
are frequently cited as the most pressing health concerns. According to the World Ilealth
Organization 'there is no saf*L level for benzene. Ms. Lindsay-Martz stated she could go on and
on with examples of headaches, lo", birth rate, cliddhood leUkeniia and benzene seeping, into
nearby homes. Denying 'the request to add I I fuel PUMP stations making; a total of'20 fuel pump
stations sandwiched between three densely populated residential neighbourhoods is the only
thing to (10 and is justified by fallowing; the guidelines in the [..and Development Code Section
110-65 and 67� Ali additional gas station is not appropriate within the context of the surrounding;
neighborhoods, is not consistent with the community character, will have an adverse effect oil
the value Of the surrounding homes and properties, and is a significant threat to the health and
well being of those living nearby, For these and the many reasons that the very ZCifl0US neighbors
has already discussed, she implores the ("orrinlission to deny this variance.
Mr. John Wolfic pointed, Out that it Cair allIOUnt of that information vvas not relevant to the
variance which is obviously the portion was about all of the Studies which are hearsay. The
Commission can listen to it and do what they want with it but lie needed to point that out, hair
Scarpelli then closed public comment.
Coninlissioner Denies asked Mr. Wolfe to l'urther explain his latest comments, Mr. Wolfe
explained that this hearing is only about the variance and there Nvere a lot of'extrenicly, gcrrnane
comments about the dangers and safeties about that. The portion about gas stations themselves
being inherently dangerous because (.,)f fumes has nothing to do with this part of the variance.
That's all lie was saying. Chair Scarpelli asked if the applicant wanted to speak..
Mt% Ty I larris stated the lie appreciates the coniments Front the public speakers. Ile will have
,Jason (Jreen and lan Rairden speak to sonic oaf' the isSUCS thilt are gernianc to the variance
reciLICSt. This is a quasi-Judicial proceeding and when sonieone purports to be art expert in
something, they, have to be qualified. To the extent that a report was introduced into the record
that lie hasn't seen and did not get a chance to cross-examine that person, that evidence does not
constitute substantial competent evidence fear purposes of'overtUrning the staft'recomillendation.
Staff' recommended approval and the presumption is that all eight criteria have been niet, 'Ii"'o
overcome that it must be shovN/n that the applicant has not niet that.
Mr. Jason Green stated that rn(.)st ol'the testimony, in his opinion, was based on the use and this
application is about (lie access. Staffhas already stated that a, variance NVOUld be needed for ally
driveway for any use Oil this site for anyone redeveloping this site. It is incorrect to state that the
variance is,needed to get a smaller truck in and all ot'these tither comments related to that, Large
trucks, full-size fire trucks call all make the turn to get into this site. A variance is not needed,
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3588
because of that, T'he variance is needed because of the separation trom Grand Street and nearby
driveways. It is Lill fOrtUnate to try to tie the use to accidents. Gas stations do not inherently
cause accidents and death and those are not fair staternents. Most of the examples given were
about older, nonconforming, too small sites FOr the uses that were shown. 'Fhere may be backUpS
and boat trailers hanging out into the roadway on other sites. IJ n fortunately, some of' thic
comments Would lead him to believe there is not a single way YOU could ever design as gas, station
here. These standards, the driveways, the radii that come into the driveways, all have t(,.) mieet
I"DOT and County regulations which were put in place because of safety factors. As far as
backups, one cat'the things, done when the site was changed was to make sure there was el'IOLlgll
room between the fuel delivery area and the end of the gas I.)Unips. There is 30 fleet between as
vehicle parked at the end and :I fuel tanker if one is parked there. 'Fhe assumption that it is going
to back vehicles up and you can't get around vehicles foils, lie is confused having heard
testimony that both more and less driveways are better, Today it's four full driveways and this is
cutting that ill half, 'I'lle driveways are 35 feet wide. which is inuch larger than the typical
standard commercial driveway of 24 feet, They have I'Lill numerous truck turns with different
vehicles and a fire truck call circulate through the entire site, This Is a very well designed site to
accorninodale a lot of the what-ifs. The applicant is also going to restore and match the pathway
that is there oil the west side of' the site l*c)r the southbOUnd side to enhance and improve
pedestrian Circulation. The (ornmission needs to look at where else a commercial development
would put the driveways.
Chair Scarpelli noted that the applicant had mentioned using the Grand Street access and there
were major issues With utilizing Grand Street, including the nightmare that it would create oil
Grand Street. "I'lie public comillent was they did not want the access on Cirand Street,, Mr. [all
Rairden of' Kiniley I lorn added that the applicant has offered to Put that in if the County wants
that. The applicant can't fix bad drivers and other streets with poor visibility, Those issues that
are there are not being added to or created by the applicant. The original trat'fic Study was done
based on the f(Mr driveways. It was reviewed, met all county guidelines and was approved,
Subsequent to the prior meeting it was updated to show, the two driveways, and that Study was
also approved and meets level of service standards,
(Ionn-nissioner Dernes stated with Grand Street getting a lot of' local traffic, crossing (J.S. 1, it
Would be am disaster to have the traffic going in and out ofa gas station there. fie asSURIeS new
Cuts require FDOT permits, and asked where the FDO"I concurrence is Nvith the plan right ilovv.
Mr, Green responded that I'DOT was fine with the f(Air driveway option because they weren't
four full driveways, SO Under their rules they, treat that as one driveway. This plan has been
submitted to FDar and is under review as it is required to be resubmitted. I le hasnt gotten their
comments yet but lie believes it will not be all issue for therm because they were fine with the
f'0LIr drive layout. The next step is the engineering within the, right-of-way but the access is being
reviewed ClArrently. Any work done ill the right-of-way requires FDOT approval. Mr. Green
understands the public's concern but in his prolessional opinion, this meets the criteria and Ile
agrees with staff's recommendadoll.
Though Ms. Dcvin Tolpirl had nothing to add, Mr. Peter Mon-is qualified her as, all expert in the
fields of Planning and Flo(Aplain Managenient, and she listing her degrees, licensures, and work
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3589
experience. `Fhe Commissit,)n accepted her as an expert. Ms. Tolpin then read the eight required
standards for as variance into the record.
Conimissioner I)crnes stated that after listening to tile passionate input from the community, fie
wanted to clarify that this variance decision has nothing to do vvith the use of the property and
that the use would be reviewed through the conditional use, Cominissioner Ritz also noted that
having sat through lots of public hearings, this community had spoken cloquently and
knowledgeably and lie is proud to be one of then- neighbors. Ile is viewing this as simply an
access issue and lie does not see the exceptional hardship, but does see a tilt-eat to public safety,
so lie will vote against this variance based oil public safety. Chair Scarpelli asked W Tolphi
aboul the criteria for public health and safety arid asked what it Would be reviewed against. Ms.
Tolpin responded that it is reviewed based on [lie dOcUmentation available at the tinic the
application is submitted. Peter Morris added that the Conimission needs to be very analytically
circunispect and not hypothesize too far afield froni what's in tile file. ]it other vvords, don't get
too adVel1tLH'0US thCOriZillg. The longer the analytical chain ol'whatr could potentially result in a
danger, the longer that is, the more tenuous the reasoning is. I1*s a matter of managing liability
CXPOSUre on appeal, hair Scarpelli stated that there has been sonic very interesting and
compelling testiniony today about health arid safety as fill- as traffic concerns go. Unfortunately,
that's due to the nature of where we live and the highway we live off of as it one lifeblood kind
of road scenario. He does not know that that should affect people developing their property.
Conu-nissioner Denies echoed Conlrilissioner Ritz oil, tile C01111111.11lit)' input and presentatiolls,
stating that in his time on the Commission he hasn't seen such good community input as seem In
this meeting and lie applauds their efforts.
Motion: Commissioner Ritz made as commotion to deny based on there not being enough
evidence for an exceptional hardship and the variance increasing the risk to public safety.
Commissioner Neugent seconded the motion.
Roll Call: Commissioner Denies, N'o; Commissioner Thomas, No; Commissioner Neligent,
Yes; Commissioner Ritz, Yes; Chair Scarpelli, No ., The motion failed 3 to 2.
Mr. Woil'e clarified that this means the Commission is agreeing to allow tile, variance and Uphold
tile staff report, Mr. Morris thought that to make sure the record is abundantly clear, they Should
have another vote oil a motion to approve consistent with tile, staff's recommendations.
Motion: Commissioner Thomas made it motion to uphold the staff report anti
recommendations to approve the variance. (.ornmissioner Denies seconded the motion.
Roll Call: (I ommissioner Demes, Yes; Commissioner 'rhomas, Yes; Commissioner
Neugent, No; Coil]IniSSi(r)ner Ritz, No; Chair Scarpelli, Yes. The motion passed 3 to 2.
4. 7-ELEVEN., (DANIEL BARRY,. Jr. ARCHER BARRY), 98200 OVERSEAS
HIGHWAY, KEY LARGO, FL 33037 MILE MARKER 98: A PUBLK MEL."FING
CONCL'RNING A REQUEST F'OR A MAJOR CONDFTIONAL (JSt' I)F1'RM FF 13Y AXIS
INFRASTRUCTURE, LLC. ON, BEHALF OF' DANIF'11, & SEC HE'R BARRY, FOR T111"
(.'ONSTRUA.. 'ION Of A HIGH INTF"NSITY COMMERC]AL 7-11,EVEN CONVENIEN(,'I
32
3590
STORE W11"If I I FUI-I'LING STA"I 1ONS, ON PROPERTY DESCRIBED AS w'FS I
THROUGH 6, BLOCK 1, ROCK FIARBOR ESTATES, A(VORDING 'F0 THE PLAT
THERE(. F, AS RE(,I
ORDI-1,11) IN PLAT BOOK 3, AT PAGE 187, CST' "I PUBLIC RECORDS
011" MONROF" (..,OUNTY,, FLORIDA, C1 JRRENTL.,Y HAVING PARCU111- ID NtJMBER
00519590-00(G000. (F]LL" 2022-02 1)
(2:05 p.m.) Ms. Kevin 'I Principal Platiner, presented the staff report. This application is
For the major conditional use tea develop the 4,730 sqluare foot high-intensity commercial retail
store on the property. This includes five double-sided fueling stations plus one Rec 9t) fueling
PUrnp. This property is located in the Suburban Commercial zoning district which does allow far
high-intensity commercial retail uses as a major conditional Use. The site plan with approval of
that variance has dernonstrated compliance with all required rules and restrictions of' the Land,
Development (ode, including parking, open space, buffer yards, stornmater and landscaping
req it i re rne tits, Staff'reviewed this application for consistency with the standards presented and in
the staff report. Staff recommends approval. Of note, tile site plan did, include a sidewalk in the
County-owned right-of-way adjacent to (.3rand Street. ']'his sidewalk is not required. It wasn't
treated favorably by the engineering department, but they did not say that it could not be done. It'
the Commission does, recommend approval of"this application and wants that sidewalk there,, it
WOUid need to be added as a condition of approval as it is not required, it is additional. Also of
note, the Gounty has received written protests by more than 20 percent of tile surrounding
property mvners which requires a SUperrna'jority of the Planning C'on-unission to approve this
ma'jor conditional Use permit, meaning fiour members must vote to approve as opposed to the
Usual three.
Ms. Schernper then addressed the sidewalk. She had spoken with engineering yesterday about
this (o clarify whether this could possibly be permitted or if' it was an absolute no. It could
possibly be done, but the concern is flie sidewalk does lead to the Multiuse path oil the
SOUthbound side of median property, so it is connecting people on the ocean side through the
median to the path. However, engineering stated that if.YOU Put the sidewalk in, it would likely
require the curb cut and pedcstrian apix.m, towards U.S. I in the northbound lanes, and that then
becomes all indicator to pedestrians that this is a good place to cross the highway. So tile
concern is more people may be encourage(] to cross there without any sort, of"crosswalk just by
putting the sidewalk there along Grand Street. People are already crossing there. One idea was
to have a sidewalk area for crossing through tile gas station property itself within the parcel
boundary so that no one is walking through cars backing in and Out of'parking, She is explaining
this in the event the Commission decides they want that sidewalk as a condition as She WOLAd riot,
want a condition, added that would be impossible to meet. Chair Scarpelli did not think the apron
was required. Ms. Schernper responded that she was not fully aware ofthe rules. Chair ScarpcIli
thought it would prevent people from parking on that side of the road. Cornniissioner Ritz noted
that there was a bus stop right across the street. Chair Scarpelh then asked if the applicant
wished to speak.
Nil% Ty I larris stated that as fat- as the sidewalk goes it COLdd be Put in or not, but stalThas stated
that the they triect all criteria For the maJor conditional Use, The burden now shiffs, by those
opposed to prove by competent Substantial evidence that the applicant somehow, docsn't meet
that burden, The applicant will listen to opposition and respond to each issue as needed. T"here
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3591
Were no further Commission questions or comments. Chair Scarpelli then asked for public
CommellL
Mr. Tobin commented that it had been stated that the burden has now shifted to the opponents
and lie had a point of order. Mr. Morris explained to Mr. Tobin that lie Was speaking OU( Of(Urn,
MS. SUsan Cashin lives at mile marker 98,2 which is right in the bulls eye, Almost everyone in
tile state is having a problem with, homeowner insurance. Many companies have Jell the state
and honleowner insurance has been hard) to get or find. The company she was with For over 10
years notified her in February of non-renewal as the carrier was reducing exposure. Her agent,
Whom had been with for over 20 years, found her a new corripany, in March vvith Florida Family.
After completing all application and paying, she was then notified in April that she Was ineligible
due to the proximity of a gas station, A,hich is the Marathon gas station. She cannot be the only
person having this problem but She believes this is only the tip of tile iceberg and is concerned
about what Will happen if'the larger 7-11 development is allowed to be built. She,, along w,ltfi
everyone that she knows, does not vivant or need a gas station or convenience store at this
location, There is one alread y oil the next property. She is concerned for her health, safety and
property values, Accidents already occur regularly, Ms. Cashin presented an aerial that her
insurance cornpany had sent her indicating she was too close to a gas station, and asked tile
C',orninission to please vote no.
MS. Susan Holler, a realtor with Location Real Estate For 17 years in sales and living in Pirates
Cove for 25 years, realizes there is no inathematical data to prove that back-to-back gas stations
can hurt property Va.IUCS ill nearby neighborhoods, but in her experience and opinion this niega
gas station will negatively impact, property values in tile neighboring Subdivisions, She kl,lo\N,,s
what buyers look for ill a property, A large nia�jonty of them come from big cities and all tend to
he looking for an escape from [lie congested bustling cities and for quiet, safe neighborhoods.
'This proposed gas station is going to have motorbikes, cars, trucks, boats, semis all 11lallCUVering
to get oil and oft' the highway and trying to use the cross street to get from one side of' the
highway to another. Grand Street is already difficult to traverse vvidi the boat business on that
street., It is as short street with a blind, spot. There is also the, veterinary business. Buyers wallit to
live in the Keys, because they don't walit the noise and light pollution. That wont be possible
with as 24-7 lighted mega station, not to mention the effects of all that light on, the local wildlife.
I3UYCrS Will say no, to a property for a little highkvay noise, let alone noise from a mega gas
station. In her opinion, surrounding property values Will show, deterioration in price and sales it'
this development is allowed, but by the time that can be proven it \vil,l be too late.
Mr. Andrew Tobin lives on Grand Street and regarding this development, which is really, a truck
stop, wanted to get a point oforder clarified. A Planning Commissioner said that the approval of
the variance has nothing to do %vithi the use of the property, and lie asked it"lie had understood
that correctly. ( onimissioner Denies stated that that had been his ClUestillon. Mr. Tobin stated
that if that is the ruling, then this ilia'jor conditional use becomes very, very important. Everyone
w agrees that going froni Four driveways to two driveways is a reduction, in, theory, but if it's going,
From fbUr to two, for the highest intensity use that We know Of' in the Keys then they did not
qualify For a legal hardship, so, lie is glad the variance does not have anything to do with the rise.
Mr. Tobin submitted two prior Planning Commission Resolutions from (lie late 80C s, one in Silver
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3592
Shores for a 2,500 square foot convenience store Nvith two PLI111ps and fOL11' stations, similar to the
one in Key L,argo next to the elementary school, a very small station. The Planning Director at
the tinic, Don Craig, approved those and the Planning Commission overturned staff's
recommendation. That was at Silver Shores and Woods Avenue oil Plantation Key. The
purpose of submitting the resolutions, is to emphasize that one of the sections not covered in the
report is 110-65, authorized conditional uses, "A Planning Commission is empowered within
their review of minor or major conditional use applications respectively to approve, or approve
with conditions, or to deny any application that triay not be appropriate within an)( particular area,
in the context Of Surrounding properties and neighborhoods," "]"flat was section (c), Section (a)
says, "The designation of a, use in a land use zoning district as a conditional use does not
constitute an authorization or assurance that such use will be approved." I le knows that sonle of
the Planning Commissioners are not Earniliar with Grand Street, (lie Upper Keys, and the
residential areas, oil Almay, Street that are going to look directly into this gas station. He
appeared before the BOCC last: month and they are going to hopefully have a moratorium, on gas
stations because unlike Collier County which has nine pages specifically directed to gas stations,
lighting pollution, and all the other things that are iniportant, one of the things that is very
common, is to have a setback between gas stations, because gas stations are magnets for traffic.
1JC Would ask fi:)r all of`the evidence that was provided for the. variance to be considered in the
context of' this maJor conditional use. 'I'liere are many jurisdictions that have setbacks fi.orn
residential areas. Monroe County, does not have specific regulations oil that, but under 110-65,,
the Planning Commission has tile authority as, tile final arbiter or judges that, decides. Monroe
County does not have specific regulations so it's rnore difficult to figure out how to protect the
health, safety and welfare of the community. This is not one gas station being approved, but
basically two gas stations, One has 5,000 square, feet of convenience store, the other' One has
3,000. "['his one has I I PUrupS, tile other one has nine pumps. This is wvhat is at stake here is the
neighborhood is going to be changed. The applicant is not entitled to aily particular use or tile
highest and best use of property. That is a zoning concelA that, everyone is familiar with. No
property owner is entitled to the highest and best use, especially with traffic safety issues, with
benzene issues, with school bus issues. 'That segment of Monroe County is as dangerous Segulent
and is surrounded by a residential area, a stable residential area. All of the evidence thatt you
heard on traffic safety was not made up. 'File County's own traffic report,that the BOCC adopted
shows this as a high crash area. With all due respect to the applicant, yes, a gas station doesn't
necessarily create accidents, but it is a magnet. Cars go in, cars go out, at all hours ofthe night,
they*re pulling boats, there are trucks, and they're backing up oil the highway. Those are the
things that should be considered in as major conditional use approval. T'he applicant is not
entitled to the highest and best use ofthe property. There is precedent from Commissioners in
the past, Grace Manillo, John Scharch, Ron Miller. They were concerned with over
development. In the recent years tile County has had ROC:O and slower growth and allocations.
That's great.® but there's still a role for the Planning Commissioners to decide what is an
appropriate use, and Under tile major conditional use criteria, lust because You meet the technical
requirements and Just because staff recornmends approval under, those requirements is not a
substitute for your judgment. Elveryone in this room is very passionate about having back-to-
back gas, stations. It is a precedent that YOU CIO not want to set because gas stations have
unlimited resources and lie does not believe they care Much about tile local residents. Please
don't set the precedent.
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3593
Conlrnissioner Thomas asked for a copy of Mr,. "Fobin's paperwork, which he provided.
Commissioner Ritz thought Mr. Tobin had raised a good poiat about all of the testimony, frorn
Item 3 and whether it Would be okay to consider at] of that testimony or if the; folks, needed to
corne Lip and repeat everything they had said lbr Itern 3, Mr. Wolfe stated that the iterns, can*t be
totally separated arid there were as lot of points made that are directly relevant to the nla,lor
conditional use and the Commission can definitely consider those, 'Fhe community does not
have to get Lip and repeat everything. C,',Orfl Ill issioner Ritz wanted the audience to be 11lade aware
that they dc) not need to repeat all of the prior comments made for Item 3.
Ms. Joy Martin thanked, the Corrinlissioners for their time arid all of the neighbors arid residents
filr their comments. She has lived in the Rock I larbor area For over 30 years and is farridiail with
the different traffic flow. Although this may w�)t generate niore traffic, it will generate the
congestion and issues resulting with the use of' the property as, as 7-11 and a 111111ti-PUIllp gas
station. This development brings pollution via air and light. Anyone call Google what it, means
to five by a 24-hour convenience store arid gas station and can see the responses in the studies. It
doesn't only show increased crime, traffic congestion, risk For pedestrians arid accidents. It's
Just the nature of the beast with that type ot'developirient. C,ouple that with the fact that it's next
to another gas station. Ms. Martin is concerned with the emissions in the immediate area with so
many punips and big tankers filling those pumps, This is ail issue for anyone having breathing
concerns and JUSt OUr quality 01' lift. These reasons tire some of the reasons why insurance
companies are rating residences near a gas station ineligible f'or coverage. If' homeovvner
coverage cannot be obtained then property owners are going to be in, default of their mortgages.
If it can he obtained elsewhere there will be a prerniurn increase with more risk. Ms. Cashin
shared her cancelation for ineligibility and she's the tip ofthe iceberg. That is all adverse 'impact
oil the residents and the neighborhood. This will also affect Landings of I-argo. She had reached
out to a local inSUrance company and she asked there to contact the Florida Family group about
ulSUl-auCC for homeowner with regard to a gas station and the reflly 111-0111 the Underwriter was,
"We would not be interested in any property near a gas station." It' the, traffic condition that
already exists in the area worsens as we predict with this use, this area will be a greater hub for
'ender benders, arid worse, accidents with in'juries or fatalities, This will adversely irripact all
Keys residents to include all that use the bike way and the highway. The bike path there is used
regularly, and people cross the street there to gc( oil the .)B'I-' bus. Insurance has always been ail
issue though homeowner insurance hasn't, but now it will be, for all of these residents, with this
high-impact use. ']'his is file adVel-Se ilTll)ac( on properly values that the staff had referenced in
their report that they were not aware of any adverse impacts at this time. She is now putting staff
oil notice of(his adverse impact.
Ms. Ann I-lelmers referenced (I hall- Scarpelli's comment regarding the scope concerning safety
and the argument made by, the applicant that the curb Cuts Would simply be needed in any event
even were there to be another business such as Anthony's Put into that location. By the
applicant's own traffic study, there is all increase of' trips per day at this site from around 60 to
673. So there is no way not to Understand and ack,now]edge that this will be an e1101-1110LIS
increase oftraff"ic stopping, turning,, Corning in and Out. That said, it is interesting and not all
extrapolation to say, that we as residents have presented FDOT data showing specifically that.this
is a high inipact, high traffic, high Fatality, high accident area. It is not as stretch of' imagination
to say that. 11'you take the data that exists today ,aid rnultiply by ten times the number of cars
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3594
making stops and trying to get in and Out of specific area that already has a gas station 40 feet
away, it's going to be a problem. This is exactly why we have a Planning Commission because
You a]] are charged with making those decisions above and bqond what tile statutory
requirement may say. It is interesting that the attorney has acknowledged that. tile applicant has
not yet completed the process of obtaining a final opinion from FDOT. That is the state agency
authorized to evaluate safety and make decisions. It can't be jUStified that it' one agency, says
something is okay, then it must be okay.
Ms. Jody Koblenzer reminded the Commission that Ms. Ronnie FlaiTis had made a presentation
and may not have been aware that Iterns 3 and 4 had been separated, and asked thern to please
recall the fact that she does have studies that she found on the benzene, A high-hitensity
business at this site would severely darnage the community character, A 24-hour business is
inappropriate. Tile light, pollution would be particularly intrusive to tile gat-dell UllitS of t-andings
of Largo. Truck deliveries at night would be disturbing during tile time of' day that residents
need to renew, their spirits and energies. Residents of`the Keys have chosen to live here for, tile
quality of life. Please consider tile impact on their lives today.
Mr. Joe NAlrobleski of Rose Street pointed Out 110W much more traffic will be going through this
area,. lie sat at tile Tom Thumb for hours counting cars and oil average, in an hour, there's
approximately 80 cars going through the Torn 'Thumb. fie spent several hours at Anthony's and
there's approximately 30 cars that went through Anthony's, and L)Lit of the 30, the flUrnber that
went into the store were five so most ofthose people werejust driving through there. ]'his, will
be as hundred-and-some percent increase in tile an101,1111, of traffic in this area which is a rna,jor
safety concern, He (Joogled safety concerns on convenience stores and oil the 1-131 report in
2021 and these stores are nuniber four under violent crimes. NUIliber seven is a gas station.
Both of the top ten will be in his back yard. lie has not heard one person speak for this
devel(�)pmcnt and fie hopes the Commission takes that into consideration.
Nil% JD Carbello disclosed that fie spent 35 years working for Marathon Oil, which was part of"
Speedway which is now owned by 7-11. It's already been shown that this is a fligh-crash
location Front market- 96 to 99, and the reason, is simple. 'file fight UUMS green at tile CVS,
everyone has been backed Lill there for a mile or two so when the light turns green and they get
out of that downtown Key Largo area, they're cooking to Point S011th, Conversely, corning uji
I'ronii Tavernier, you may or nlay, not get trapped at the Harry Harris light, but you re in that 50
snide-per-hour zoning coming north. By Keys standards, You're in the wide open spaces, That's
a 50 niph zone corning north with all the people blasting out of tine traffic light at 101, and this is
a perfect storm of convergence right at mile niarker 98. Mr. Carbello presented photographs of
what it looks like to pull Out fi-Oul Grand Street, Mr. Carbello mentioned that, lie looked for 24-
IlOUr businesses in this neighborhood. 1`0111 Thumb is one, and you have to go all the wvay Lki the
Speedway for the next one that 7-1 1 owns. There are no other 24-hour businesses in this, stretch
of highway. It's dark,, quiet and peaceful. 4he Marathon station closes at 1000 and Anthony's
at 5:30�. This would Plunk one right in the riliddle of these three Subdivisions and Would be a
great cIctrinient to the quality of' lifc, The community character would change significantly in
that one strip of highway, This shrinkage of the tanker truck and how they're going to get this in
and out, lie has tile turning software and has run all of the turning diagrams, and it doesn't work,
The WH50 doesnt work. Coca-Cola and Frito Lay use WB40, and lie, could give all hour talk on
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3595
boats, TVs, ambulances, fire trucks, he's looked at all of there. It looks great when there are no
cars in the place. YOU put one boat, car or RV in there and You can't swing any of"them through
[here. Then with the 44,000 gallilons, You do not till that up with a teaspoon o I'a truck. That will
need every bit of five to eight tankers to SLIJ)PIY those I I punips. The character will significantly
change. It's file fact of' taking a very low-ii-fipact, quiet, nice neighborhood store and turning i I t
into high intensity.
Ms. Jeanne Brennan who hard presented the crash slides earlier stated that il'this conditional (Ise
permit is approved crashes will be added on top of'what is already, there. Some people live only
50 feet away from this proposed site. Any time you crater and exit you're going to have to slow
down !so all of' those slow-doNviis will increase the possibility for traffic conflicts, and then
exiting the propeny you [lave to accelerate, ThC C01111-flUnity character is going to be advet-selY
impacted by the approval of' this application, The character right now is quiet. 'The lighting
would be 24-7'. 'This area is quiet., dark and peaceful. Traffic counts, while the Studies !show it's
in the 600 range, her estimates are that it's iTILICh higher, closer to 3,000. The trip counts and
volurne of traffic estimated by the applicant is grossly underestimated in, her professional opinion
fi-orn information publicly available. She believes it's the burden of the applicant to show that
these large trucks in and out will work in this area. The gentleman that taught people hox", to
navigate tire trucks says it's not going to work. The neighbor next door at. tflee Marathon station
says it's not going to work with the tanker truck conflicts,. Take judicial notice of the Collier
C',ounty regulations that require a niinimurn of a 50-floot setback, the purpose being to ensure that
facilities with fuel PUMPS CIO not adversely impact ad acent land LISILs, espccially residential land
uses, The high levels of traffic, glare and intensity ot' use associated with, facilities with fuel
PUIIIPS, particularly those open 24 hours, may be inconipa(ible with Surrounding uses, especially
residential uses. "I'liere is precedence in Florida Cor denying these 24-7 gas station operations that
conflict with community character. She requests the Commission deny this application,
Mr. Shannon Donnelly stated that the Commission has been presented with an influx of 111pUt
front the community and there has been over 60 letters written in opposition to this. Ile hopes
they have read all of`those letters because to his knowledge, therc has been no one in support of'
this. A COMPOUnding fact is this issue with insurance, Ile is still paying on Ii is house and i fhe
were denied, Ile would not be able to carry his mortgage, so that would cost him his [ionic. We
know this is going to be detrimental to our environment, value in our own, lives aid Out' safety.
All of the things that are going on in the Keys and the amount of change we've seen, much of
which has not been positive, as lot of if has been out of our control. Mr,. Donnelly believes the
(,'ornmission has been presented with enough evidence and with examples that they would be
.justified in saying we do not warm this because Nve are representing Our local communities for
then- best interests and then- safety. Ille believes the Con-irnission has the obligation to do this.
Just because you can do something becaLISe it's legal does not inean it's the right filing to do. Mi%
Donnelly, also speaking for his wife, Ms. Rosemary Donnelly, is begging the ('I
011111lission to riot
let this be approved. It is going to cost people their lives,
Ms. Nancy TrUlesdale clarified that the Collier County regulations that were [Xit into the record
say that separation from ad'jacent 111.1111p futilities Should be 500 foot, and not 50. Allowing this
Would certainly adversely affect the character ofthis neighborhood, Back-to-back gas stations is
unprecedented in the Keys, it doesn't exist. To [lave something like this on as property as unique
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3596
as this one is because of the Grand Street cut is compounded, Photos were shown of`the other
high-Use station, the Torn Thumb. On either side of that Torn '"I'llumb there is no residential
neighborhood oil either side. ']'here is a single 11OUse oil the southbound side and that's it. The
Toni Thumb Nvas appropriately placed in an area that does not affect the quality of life of local
residents. That is not true for this Anthony's property. Ms. TrUesdale asked the (nninission to
please vote no.
Ms,. Lisa Galiagen asked if the Conimissi(.)n ever- went on Field trips. She is afraid the
Cot-runission is not going to realize the impact of"what:this will do to the neighborhood until they
see what the residents see every day when they try to get out of their neighborhood at 5:010
o'clock when tile cars are backed Up, at,the fight in Key Largo,, or trying tea get across the street to
go southbound. Adding 7-11 in the median is going to be a nightmare. Ms. Gahagen asked the
C',onimission to please vote no for this.
Mn Steve Hartz stated that he is a retired lawyer and lie wants to adopt everything that the
residents have said. They have been very eloquent. Fle cannot add too Much, but noted that it
was first stated that FDOT was on board with this idea, Mr. Ramon Sierra ofl,DOT who is the
traffic services program engineer for this area told the Federation homeowners in a public
meeting that they don't render any opinion until after the C ounty's decision, so that should never
be considered that FDOT has made the decision, That comment by the applicant should be
stricken and not used in connection with this or any other application. Also, on page six of the
staff report on the conditional use approval, it says that no evidence has been submitted to
support or disprove the applicant's financial and technical capacity, to complete the development.
The burden Of proof under the Commission's rules is oil the applicant. The absence of evidence
is a basis for an adverse inference oil a fundamental iSSUC. So they haven't really met their
burden and this application has to be denied on [fiat point, It Sounds like just a lawyer's point but
it's actually pretty important. This isn't 7-11 applying, these are the Archers. He has no idea if.
they have the ability to create the development outlined.
There was no further public cominent. Public comment was closed.
Mr. Ty Harris stated that lie has been in the position that staff has when there is SO 111LIC11 pressure
to recommend denial, yet staff has recommended approval because UICY have met the criteria for
this major conditional use. It' things are just ruled by, the number of people that warit or don't
I
vivant something vve probably, wouldn't even have a high School in Islarnorada. GOing through
the 'fora 'j,1111 rnb data, no, one said there was some extra level of' criminal activity happening at
the 24-hOUr Tom Thumb. Looking at the classification of gas stations and 24-hour stores may be
a relevant feature but the one closest to this has no mention of an elevated crii-ne rate. The traffic
crash data was over a seven-year period, which is a long time. As far as, C0111111LInity character,
lie is not asking for a rezoning or anything that's not already allowed in the zoning classification.
If this was a 2.500 square foot store they wouldn't even be here, Anything over 4,500 square
feet will get kicked Lll) to the Planning Comniission because it's considered high intensity. Mr.
Harris doesn't believe the opponents have met their burden of Overcoming the competent
substantial evidence from the staffreport as to any ofthese elements. He Would be hard pressed
to go through the testimony and find some to that degree. This project is Under contract With 7-
I I so the ability to complete the project is not an issue. Mr. Jason Green confirmed that to be
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3597
correct adding that Axis I lutton is very financially capable of completing this pro'ject. They have
done 6O to 8,0 corni-nercial properties per year over a 25-year period and are very able and
I mancially successful with tlieir prOJeClS thrOcIghOtit the U.S. I le echoed the comments about tile
compatibility component. There are multiple examples Lip and down U.S. I where gas stations
are in the rniddle of the two directions and there is the Marathon gas station here. Looking at the
C01111111,11lity character requirements in the plan, it talks about similar to adjacent Uses. That
means this corridor is ripe for a gas station. There is, one there, and lie disagrees kvith some of
the public coniments about as gas station that is five feet away frorn the site not being as problern
For residents hilt this one is. He does not see how that call be differentiated. All of the. COLUIty'S
and FID07"s criteria is based on safety and compatibility with the C01111111.11lity. I-Ighting
standards in the code has, to be met, landscaping. et cetera. ']"here are a lot of permitting
requirements at the state and federal level that must be met for underground gas tanks. There
are also nionitoring levels and other safety features that are put into place, A lot of what has
been discussed have been older stations and nonconforming sites that have issues that need to be
corrected. lie disagrees with the acent ad propertN
J y owner saying we will cause them problerns
with their fueling, The applicant's site plan shows they can gel their trucks olT the street, fuel
efficiently!, and provide access to everyone else using tile site. There is, no conflict between these
sites. "I'lle Marathon is able to successfully be refueled, so how is as larger, better, designed site
not going to be able to be refueled. This is an appropriate location, the zoning allows the use,
and tile'job is to make sure the criteria are met, which they have., It will be the best looking thing
thaCS Lip and clown this corridor right now. He is proud of the landscaping and vvilling to do,
more. The applicant is willing 'to oft'er anything diat would help create satcty and improve lives
and be part of the community. This use does not cause traffic accidents. Any successful
business that is drawing trips on the roadway is going to have those issues so it's not a gas
station. Mr. Green hopes the Commission call get past this gas station component as the location
is appropriate.
Chair Scarpelli asked, abOUt the Site plan and some of the evidence provided showing as boat
trailer at the end of the row of pumps and asked ifthat was as Rec 90 purnp, Mr. Green believed
that it could be as RCC 90 pUrnp bunt lie would have to check. Chair Scarpelli asked it'diesel was
being provided at this station, Mr. Green did not know the answer to that. As to the spacing,
there is about 30 feet between the parked vehicle at the end Fuel station and the tUrning path of
truck. where they refill the fuel. Chair Scarpelli stated that the photo was kind ol"cornpelling and
that's why lie was asking. Mr. Circen stated that lie was confident in the site circulation. Mr. lava
Rairden added that the traffic Study was, based oil methodology agreed to with the County. They
looked at both vveekday and weekend, and morning and afternoon flor the peak hour traffic to
accommodate (tie highest volume of traffic on the road. Gas stations inherently draw, traffic that
is already on the roadway. 'the study looks at new trips and pass-by trips and shows, that they
have met tile stanclards based oil tile C.ounty's guidelines, and staffagreed.
Commissioner Ritz stated that one of the coninients from the public had been that drivers, turn
tell from the fast lane as opposed to turning right from tile slow lane, and asked what
accommodations have been made J'C)r Wrinflig left frorn the fast lane,. Mr. Rairden stated that
there is no deceleration lane designed or provided at this driveway. "]"liey had looked at what the
FDOT requirenients are for right and left (Urn lanes and there is not a guideline for providing as
deceleration lane into as site like this, so they did not provide one. Ciencrally, tile way FDOT
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3598
looks at the turn lanes in general is when there are multiple lanes of traffic going in one direction
there is an opportunity for as car to move over to file adjacent lane to continue their flow, so it's as
little less stringent on what's required. (I ommissioner Ritz asked if there were DOT Standards
for a four-lane divided highway where you're turning left into an establishment, Mr. Rairden
responded that they were not able to find that in the guidelines.
There were no futtlier Cornmission questions for applicant. Ms. "Folpin had no fuaher
comments. Mr. Green wanted to make a closing statement saying that he gets the emotional
outpouring and concern. Ile has worked on both sides in the public and private sector, and has a
lot of respect for the Con-u-nission"s job, but asked there to please Understand the context ofthis
arid rely on the standards of the County,
Mr. John Wolfe explained that there have been as couple of different ref'erences oil the
Commission's scope of aLithOrity, arid effectively the role of the planning Commission. The
Commission is not bOUnd by staff"s recommendation, as, they know. However, it' the
Cortunission decides to not gio with the staff and deny this, they need to state which conditions
aren't iliet because the law must be applied. Mr. Peter Morris added that this decision is being
rude within a containment field and what, it's interfaced with are the criteria that are enUillerated
in the code which are laid out in the staff report. The criteria is where the Commission decides
where to Ultimately [arid, and not as popularity contest or anything extrinsic to what's in the code.
Commissioner Dernes cornpliniented staff, recognizing that they work really hard with this
having a lot of community input. He appreciates oNvners' rights, This is a very difficult
decision. Technically, the criterion fi:)r approval has been inet for the [...and Development Code,
but he just got realigned by the attorneys, Before Mr. Wolfe arid Mr. Morris spoke, lie was 51
percent against and 49 percent. for. But now lie finds it difficult to find solid criteria put together
by the staff to deny this request arid it's u nfi)rtu n ate because he has to sleep at night. Ile thinks
the, right thing to do is to deny it. Being charged with, what the attorneys Just stated, lie is going
to have to vote against this, Mr. Wolfe stated that lie was not trying to suggest that the
C"onirnission is bound by the staff report, but that a denial IllUst be stated as being based on not
meeting one of the criteria.
C I
onumissioner Ritz commented on ("omniissioner Denies" 51 percent, and added that community
character arid public safety is a criteria. If it's 110t appropriate For the area, then the Coinrilission
is allowed to make that determination. As, he had been driving through Marathon this week he
appreciated the architecture of all of the new construction with the metal roof's, broad porches,
and thought that Marathon is really, turning al-OLUld and becoming a very attractive part of the
I'lorida Keys. Then YOU seethe 7-11 and Speedway and it's like a turd in a pLinchbowl, There's
all of these bcaUtifiAl new, buildings, and then these very corporate entities that look exactly the
same anywhere in the country, and are not Keysee in ail), way, shape or fashion. They do not
nice(: the community character of"Marathon and certainly do not fit the community character of'
Key L,argo, particularly when there is one gas station right next door, Commissioner Ritz does
not recall the audience saying the Marathon station was okay and therefore they should not have
another one. He heard that it was not okay arid they didnt want, to exacerbate the situation, and
expanding the tbotpririt of the gas station there would be making those problems worse.
Commissioner Ritz was particularly compelled by Ms. Cashin's testiniony with, the insurance.
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He is not sure staff" was aware of that point, that being that close to a gas, station you could lose
Your homeowners insurance, That is quite shocking and the neighbors, that will be abutting the
new gas station, if it goes in will, also be shocked by that. So, that's new information that staff'
didn't have. He does not believe staff was aware of the JB'T bus station across the street so lie's
not sure of the impacts of that. So new things were learned today, but based on the real estate
values, the community character and public safety, he is going to vote against this,
Conirnissioner NeUgent added that it Could not be articulated any better than Commissioner Ritz
had done, and having listened to the people that have made their presentation and expressed their
opposition to both the community character and the safety issue, lie will not vote for this either.
Commissioner Thomas stated she lives in Marathon and she has seen what they have done to her
area and it's been as disaster. Conitnissioner Denies, asked which criteria the insurance issue
would conic under, Commissioner Ritz resp(-)iidcd that it would be under real estate values.
Commissioner Denies stated that that had also caught his attention, Chair Scarpelli stated that
this is one of those where YOU find yourself in as difficult position as to what is the right thing,
Clearly, staff was very diligent with going through the whole process, and [lie applicant as well
in doing their due diligence and everybody meeting the criteria, But then, you start to get into
some of these things such as where the community brought up very interesting turning radius
graphics that semi to be concerning, They aren't the 1-trofcssional on the job doing the study but
their information is still very useful in making these decisions, You Would think that a property
in between two roadways heavily traveled VVOLI]d be an ideal location for a gas station rather than
it being actually adjacent to a residential neighborhood because it is like that in other parts ofthe
Florida Keys. The public right-of-way is 65 feet on either side of this gas station and that's quite
the buffer. The landscaping on this project is really well done and you won't even see the
parking lot from the road. Chair Scarpelli then asked fior a motion.
C',ornmissiotier Ritz made a motion to deny the request based on this not being appropriate for the
area, it does not niect the COMMUnity character standards, it has a negative impact on the real
estate values due to the insurance issues, and there is a public safety issue with the traffic.
Commissioner Thomas seconded the motion,
Motion: Commissioner Ritz imade a motion to deny as, articulated. Commissioner, Thomas
seconded the motion.
Roll (".'all: Commissioner Denies, Yes; Conimissioner Thomas, Yes; Commissioner-
Neu gent, Yes; Commissioner, Ritz, Yes; C.I hair Searpelli, No. The inotion passed 4 to 1.
BOARD DISCUSSION
None.,
GROWTH MANAGEMENT COMMENTS
None,
ADJOURNMENT
The Monroe Count), Planning Commission meeting Nvas adjourned at 3AO p,rn.
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