Item R05 R5
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
July 17, 2024
Agenda Item Number: R5
2023-2580
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari
n/a
AGENDA ITEM WORDING:
A Public Hearing to Consider an Ordinance Amending the Monroe County Future Land Use Map
(FLUM) from Residential Medium("RM") to Commercial ("COMM") for properties located at 106309,
106319, 106329, and 106339 Overseas Highway, Key Largo, as proposed by Del Sol Point, LLC, a
Florida-registered limited liability company.
ITEM BACKGROUND:
On April 12, 2023, the Planning and Environmental Resources Department received an application from
Island Construction Management, Inc., on behalf of Del Sol Point, LLC (the "Applicant"), to amend the
Monroe County Future Land Use Map ("FLUM") from Residential Medium("RM") to Commercial
("COMM") for properties located at 106309, 106319, 106329, and 106339 Overseas Highway in Key
Largo (the "properties").
See attached staff report for complete analysis.
PREVIOUS RELEVANT BOCC ACTION:
On March 20, 2024, at a regularly scheduled meeting, the BOCC held a public hearing and adopted
Resolution No. 126-2024 transmitting the proposed FLUM amendment to the State Land Planning
Agency (Florida Commerce) for review and comment. Following its review of the proposed
amendment, Florida Commerce issued an Objections, Recommendations and Comments ("ORC")
report on May 21, 2024. The ORC report did not identify any objections, recommendations or
comments. The County has 180 days from the date of receipt of the ORC to adopt the proposed
amendment, adopt the amendment with changes or not adopt the amendment.
INSURANCE REQUIRED:
No
5090
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Professional staff recommends approval of the proposed FLUM
amendment contingent on approval of the corresponding Land Use District(LUD) Map amendment.
DOCUMENTATION:
Exhibit I to Ordinance
2023-086.BOCC.SR.07.17.2024.doc
FLUM—IIA-17—Del—Sol_Point.pdf
FLUM—Ordinance.pdf
FINANCIAL IMPACT:
n/a
5091
Exhibit 1 to Ordinance# -2024
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The Monroe County Future Land Use Map is amended
as indicated above.
Land Use District change of four (4) parcels of land in Key Largo, having
parcel identification numbers 00538440-000000, 00538450-000000,
00538460-000000 and 00538470-000000 from Residential Medium (RM) N
to Commercial (COMM).
5092
3 � t1
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
12
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning
14
15 Date: July 2, 2024
16
17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
18 Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to
19 Commercial (COMM) for properties located at 106309, 106319, 106329, and 106339
20 Overseas Highway, Key Largo, as proposed by Del Sol Point, LLC (File 2023-086)
21
22 Meeting: July 17, 2024
23
24 I. REQUEST
25
26 On April 12, 2023, the Planning and Environmental Resources Department received an application from
27 Island Construction Management, Inc., on behalf of Del Sol Point, LLC (the "Applicant") to amend the
28 Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to Commercial
29 (COMM) for properties located at 106309, 106319, 106329, and 106339 Overseas Highway in Key
30 Largo (the "Properties").
31
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32
33 Existing FLUM Designation Proposed FLUM Designation
BOCC SR 07.17.2024 Page 1 of 17
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5093
1 II. BACKGROUND INFORMATION
2 Site Information:
3 Location: MM 106, Key Largo
4 Addresses: 106309, 106319, 106329, & 106339 Overseas Highway
5 Description: Lots 14, 15, 16, and 17, Block 2, Ocean Isle Estates, according to the plat thereof as
6 recorded in Plat Book 5, Page 14, Public Records of Monroe County, Florida
7 Parcel Identification Numbers: 00538470-000000, 00538460-000000, 00538450-000000, and
8 00538440-000000
9 Owner/Applicant: Del Sol Point, LLC
10 Size of Properties (cumulative): 0.6 acres (26,410 SF) of upland area per survey by Nicolas Del Vento,
11 P.S.M. signed and sealed on 06/19/2023.
12 FLUM Designation: Residential Medium (RM); pending application to amend to Commercial
13 (COMM)
14 Land Use District: Improved Subdivision (IS);pending application to amend to Commercial 1 (C1)
15 Tier Designation: III
16 Flood Zone: X
17 CBRS: No
18 Existing Permitted Use: Office and Vacant
19 Existing Vegetation/Habitat: Undeveloped Land
20 Community Character of Immediate Vicinity: Residential, Vacant, Commercial Retail
21
22 The Properties currently have a Land Use District (Zoning) designation of Improved Subdivision (IS)
23 and Future Land Use Map (FLUM) designation of Residential Medium (RM). The Properties were
24 within a BU-1 (Light Business) district prior to September 15, 1986. In 1986, the Properties were given
25 the designation of Improved Subdivision (IS). With the adoption of the Comprehensive Plan's FLUM in
26 1997, the Properties were given the FLUM designation of Residential Medium (RM).
27
28 Lot 17 [of the Properties] is currently developed with a 425 square foot structure [according to the
29 Monroe County Property Appraiser (MCPA)]. The existing structure was permitted to serve as an office.
30 There are no approved uses for Lots 14, 15, and 16. Additionally, there is no record of the lots/properties
31 being aggregated for the purpose of development in accordance with LDC Section 130-165.
32
33 The Applicant states that the reason for the proposed FLUM amendment is:
34 "These properties should have been designated, non-residential. They are adjacent to USI; next to
35 commercial uses & in a commercial corridor. "
36
37 Concurrent Applications
38 File 2023-087: A corresponding Land Use District(LUD) map amendment for the Properties, requesting
39 to amend the LUD from Improved Subdivision (IS)to Commercial 1 (C1).
40
41 Community Meeting and Public Participation
42 In accordance with LDC Section 102-159(b), a community meeting was held on September 6, 2023 at
43 the Key Largo Branch Library to discuss the proposed Future Land Use Map (FLUM) and
44 corresponding Land Use District(Zoning) Map amendments and provide for public participation. Issues
45 raised at the community meeting included but were not limited to:
46 0 Concern of possible commercial uses and intensities on the Properties
BOCC SR 07.17.2024 Page 2 of 17
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5094
1 0 General traffic concerns on both US and nearby local County roads
2 0 Concerns over the existing use of the Properties and its impact on the surrounding neighborhood
3 0 Disturbances to the surrounding neighborhood
4 0 Nonresidential parking in County right of ways
5
6 Development Review Committee
7 The Monroe County Development Review Committee (DRC) considered the proposed amendments to
8 the FLUM and LUD Map at a regularly scheduled meeting held on September 26, 2023 to provide for
9 public participation, comments, and recommendations. On September 26, 2023, the Chair of the DRC
10 signed Resolution Nos. DRC 18-23 and DRC 19-23, recommending APPROVAL of the proposed
11 amendments to the Land Use District Map and Future Land Use Map to the Planning Commission and
12 Board of County Commissioners.
13
14 Planning Commission
15 The Monroe County Planning Commission considered the proposed amendments to the FLUM and
16 LUD Map at a regularly scheduled hearing held on December 20, 2023 to provide for public
17 participation, comments, and recommendations. On December 20, 2023, the Chair of the Planning
18 Commission signed Resolution Nos. P47-23 and P48-23, recommending APPROVAL of the proposed
19 amendments to the Land Use District Map and Future Land Use Map to the Board of County
20 Commissioners.
21
22 Prior Relevant BOCC Action
23 The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This
24 structure was permitted on January 16, 1963. An application for development approval has not been
25 issued to change the use of this structure.
26
27 The 1973-86 Zoning Maps indicate the Properties were within the BU-1 Light Business District.
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28 _7Z!j
29 1973-1986 Monroe County Zoning of Properties(highlight),BU-1
30
31 The 1973-86 zoning, BU-1 Light Business District, permitted various nonresidential uses per Section
32 19-216(a) of the 1973-86 Monroe County Code, as depicted below.
33
BOCC SR 07.17.2024 Page 3 of 17
File 2023-086
5095
See. 19-216. BU.I light business district.
The,district is intended to protect and enhance the areas best
suited for the preservation of businesses related to neighborhood,
tourist,and resort retail sales;and business,personal and profes-
sional services.
(a) principal uses permitted.-Professional services,"business
services,banks,post offices,ticket offices,answering set-
vices,family counseling,personal services,drug tied sun-
dry stores, tobacco and newsstands,florists, gift shops,
confectionery stores,antique shops,art goods,brigs-brat
shops,ice cream parlors,curio shops,interior decoration.
furriers,bookstores,restaurants A and B,clothing stores,
jewelry stores,leather goods,photographic galleries,pot-
tery sales(no manufacturing),shoe stores,sporting goods,
tailor shops,fire and burglar alm ins.
(h) Accessory uses permitted Apartments within the principal
building.
(o) Uses permitted upon special appr—nt
(1) Retail sales and services not expressly permitted.
(2)---(8)Reserved,
2 The 1986 Pattison Zoning Maps indicate the Properties were within the Improved Subdivision (IS)
3 district.
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4
5 1986 Pattison Zoning Map—Properties(highlight),IS District
6
7 The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Properties were
8 within the Improved Subdivision (IS) district. These maps were most recently certified through BOCC
9 Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District Maps
10 making the maps available in digital form on June 20, 2007.
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13 1988 Craig Zoning Map—Properties(highlight),IS District
14
15 On September 22, 2021, a Letter of Understanding was issued by the Senior Director of Planning and
16 Environmental Resources concerning the proposed redevelopment of the Properties. Additionally, the
17 LOU provided information related to the Land Use District (Zoning) Map Amendment and Future Land
18 Use Map Amendment processes.
19
BOCC SR 07.17.2024 Page 4 of 17
File 2023-086
5096
I On March 20, 2024, at a regularly scheduled meeting, the BOCC held a public hearing to consider
2 transmittal of the proposed map amendment, considered the staff report, and provided for public
3 comment and public participation in accordance with the requirements of state law and the procedures
4 adopted for public participation in the planning process. The BOCC adopted Resolution 126-2024
5 transmitting the proposed amendment to the State Land Planning Agency (Florida Commerce) for
6 review and comment.
7
8 Following their review of the proposed amendment, Florida Commerce issued an Objections,
9 Recommendations and Comments (ORC) report on May 21, 2024. The ORC report did not identify any
10 objections, recommendations or comments. The County has 180 days from the date of receipt of the
11 ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the
12 amendment.
13
14 III.AMENDMENT REVIEW
15
16 FL UM Calegory Comparisons
17 Existing
18 Policy 101.5.3:
19 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
20 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
21 and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
22 have an approved potable water supply, and have sufficient uplands to accommodate the residential
23 uses. Development on vacant land within this land use category shall be limited to one residential
24 dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996.
25
26 Proposed
27 Policy 101.5.8:
28 The principal purpose of the Commercial (COMM) future land use category is to provide for the
29 establishment of commercial zoning districts where various types of commercial retail; highway-
30 oriented sales and services; commercial recreation; light industrial; public, institutional and office uses
31 may be permitted at intensities which are consistent with the community character and the natural
32 environment. The commercial zoning districts established within this category are intended to serve the
33 immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate
34 transient or permanent residential development.
35
36 In order to protect environmentally sensitive lands, the following development controls shall apply to all
37 Tier I lands within this land use category:
38 1. only low intensity commercial uses shall be allowed; and
39 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
40
41 Maximum Density and IntensiLy y Land Use District
42 The table below provides a comparison of the development potential for residential, transient and
43 commercial development of the Properties under the existing Land Use (zoning) District and FLUM
44 category as compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the
45 Land Development Code states: "The density and intensity provisions set out in this section are intended
46 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
BOCC SR 07.17.2024 Page 5 of 17
File 2023-086
5097
I example, if a development includes both residential and commercial development, the total gross
2 amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for
3 development."
4
Maximum Development Potential by FLUM Designation and Land Use District(Zoning)
Existing Type Adopted Development Potential
Zoning/FLUM Standards
Improved Market Rate Allocated 1.0 du/lot 4 du
Subdivision (IS)/ Density
TDR/Market Rate 0 0 du
Residential Residential Max. Net
Medium (RM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 26,410 sf/ Transient Allocated 0 0 du
0.6 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zonin /FLUM Standards
Commercial 1/ Market Rate Allocated 0 0 du
(Cl) Density
TDR/Market Rate 0 0 du
Commercial Residential Max. Net
(COMM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 26,410 sf/ Transient Allocated 0 0 du
0.6 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0.15-0.40 FAR 3,961.6 sf- 10,564 sf
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density -4 du
Cumulative TDR/Market Rate Residential Max. Net n/a
Properties Density
Based on Affordable Residential Max. Net Density n/a
FLUM/LUD
Amendments Transient Allocated Density n/a
Transient Max. Net Density n/a
BOCC SR 07.17.2024 Page 6 of 17
File 2023-086
5098
Nonresidential Uses + 3,961.6 sf- 10,564 sf
1 As shown in the orange portion of the table, the proposed FLUM amendment (from RM to COMM)
2 with the C1 LUD would result in a decrease of allocated market rate density and an increase in
3 nonresidential intensity. The TDR/market rate residential maximum net density, affordable residential
4 maximum net density, and transient density would remain at 0.
5
6 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
7 LDC Section 138-49.
8
9 The total amount of new nonresidential floor area that could be constructed on either of the Properties
10 would be dependent on the size of the property to be developed and the actual use proposed. Below is a
11 table detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1
12 LUD in accordance with LDC Section 130-164.
13
Use within Commercial 1 0 Maximum Floor Area Ratio
Low Intensity Commercial Retail or Restaurant 0.35
Medium Intensity Commercial Retail or Restaurant 0.25
High Intensity Commercial Retail or Restaurant 0.15
Office 0.40
Light Industrial 0.30
Institutional 0.30
Public Buildings/Uses 0.30
Commercial Recreation 0.25
14
15 Compliance with Comprehensive Plan Policy 101.5.26
16 The proposed FLUM amendment from RM to COMM results in a decrease of residential allocated
17 density on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
18
19 Compatibility with the Surrounding Area
20 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
21 b. Existing Tier Designation: III
22 c. Number of Listed Endangered or Threatened Species: 0
23 d. Existing Use: Office [on Lot 17 only], Vacant
24 e. Community Character of Immediate Vicinity: Residential, Commercial Retail, Restaurant
25
26
27 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
28 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
29 does not result in a reduction of the level-of-service requirements established and adopted by this
30 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
31 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
32 can be reasonably met.
33
34 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
35 The Properties are located on Overseas Highway/U.S. 1 in Key Largo at approximate mile marker 106.
36 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
BOCC SR 07.17.2024 Page 7 of 17
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5099
I the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of "C" and
2 Segment 23 on Key Largo (MM 99.5 to MM 106.0) is operating at a LOS of"A."
3 A Traffic Impact Study (TIS) prepared by Caltran Engineering Group and signed and sealed by Juan S.
4 Calderon, P.E. on October 11, 2022 was submitted by the Applicant. This study provides an analysis of
5 a proposed, specific nonresidential development on the property in the form of a nursery (garden center),
6 a commercial retail use. According to this study, the commercial retail use would generate 886 daily
7 trips. This TIS has not been reviewed by the County's Transportation Consultant. A full review of the
8 TIS will be conducted once an application for a specific development approval has been submitted.
9
10 At the time of development approval, a trip generation analysis will be required to be submitted in order
11 to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay
12 Study, the maximum reserve volume for Segment 23 is 11,148 trips.
13
14 Potable Water(Comprehensive Plan Policy 701.1.1)
15 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
16 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
17 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
18
19 The proposed FLUM amendment would decrease permanent allocated residential density beyond what
20 is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS
21 for potable water.
22
23 Solid Waste (Comprehensive Plan Policy 801.1.1)
24 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
25 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
26 waste is handled by private contract.
27
28 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
29 The County has adopted water quality treatment standards for wastewater facilities and within the
30 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
31 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
32 amendment would decrease the permanent allocated residential density. The combined average flows of
33 the Key Largo Wastewater Treatment System are 1,970,000 gpd, whereas the plant capacity is
34 3,450,000 gpd. Any proposed development on the site will either need to connect to the Key Largo
35 Wastewater Treatment District central sewer system, or provide on-site sewage treatment and disposal
36 that meets the LOS standards in Policy 901.1.1.
37
38 The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic, potable
39 water, solid waste nor sanitary sewer.
40
41 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
42 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
43 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
44
45 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
46 County Year 2030 Comprehensive Plan. Specifically,it furthers:
BOCC SR 07.17.2024 Page 8 of 17
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5100
1
2
3 Goal 101
4 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
5 County residents and visitors, and protect valuable natural resources.
6
7 Objective 101.3
8 Monroe County shall regulate new residential development based upon the finite carrying capacity
9 of the natural and man-made systems and the growth capacity while maintaining a maximum
10 hurricane evacuation clearance time of 24 hours.
11 Objective 101.4
12 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
13 the needs of the future population of Monroe County.
14
15 Objective 101.5
16 Monroe County shall regulate future development and redevelopment to maintain and enhance the
17 character of the community and protect natural resources by providing for the compatible
18 distribution of land uses consistent with the designations shown on the Future Land Use Map.
19
20 Policy 101.5.8
21 The principal purpose of the Commercial (COMM) future land use category is to provide for the
22 establishment of commercial zoning districts where various types of commercial retail; highway-
23 oriented sales and services; commercial recreation; light industrial; public, institutional and office
24 uses may be permitted at intensities which are consistent with the community character and the
25 natural environment. The commercial zoning districts established within this category are intended
26 to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
27 accommodate transient or permanent residential development.
28
29 In order to protect environmentally sensitive lands, the following development controls shall apply
30 to all Tier I lands within this land use category:
31
32 1. only low intensity commercial uses shall be allowed; and
33 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
34
35 Policy 101.5.25
36 Monroe County hereby adopts the following density and intensity standards for the future land use
37 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
38
Future Land Use Densities and Intensities
Residential(i) Nonresidential Minimum
Future Land Use Open Space
Category And Maximum Net DensityRatio(0
Corresponding Allocated Density ca) (a)(b) Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
Commercial 0 du N/A 0.15-0.50 0.20
(COMM) 0 rooms/spaces N/A
BOCC SR 07.17.2024 Page 9 of 17
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5101
(C1 and C2
zoning)
1 Policy 101.5.26
2 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
3 promote the reduction in overall County residential density and the preservation of Monroe County's
4 native habitat by enacting legislation which implements the following policy statements for private
5 applications for future land use map amendments which increase allowable residential allocated
6 density. Private application(s) means those applications from private entities with ownership of the
7 upland development and parcel(s) of land or includes private upland development on County-owned
8 land.
9
10 Private applications requesting future land use map designation amendments received after the
11 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
12 density shall be required, upon amendment approval, to comply with either option (1) or(2)below:
13 ...
14 Refer to Comp. Plan Policy 101.5.26 for full text
15
16 Objective 101.8
17 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
18 applicable provisions of the land development regulations, zoning districts, Future Land Use
19 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
20 important part of the community character and the County desires to maintain such character and
21 protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
22 [F.S. § 163.3177 (6)a.2.e.]
23
24 Policy 101.8.2
25 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new
26 use conforms to all applicable provisions of the Future Land Use category and zoning district in
27 which it is located, except as provided for existing lawfully-established residential uses within Policy
28 101.5.29.
29
30 Policy 101.8.7
31 Monroe County shall maintain Land Development Regulations which allow nonconforming
32 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
33 existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or substantially
34 improve provided that the use is limited in density/intensity, floor area, and to the type of use that
35 existed on January 4, 1996.
36
37 Objective 101.19
38 Monroe County shall address local community needs while balancing the needs of all Monroe
39 County communities. These efforts shall focus on the human crafted environment and shall be
40 undertaken through the Livable CommuniKeys Planning Program.
41
42 Policy 101.19.2
43 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
44 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
BOCC SR 07.17.2024 Page 10 of 17
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I Plans have been completed in accordance with the principles outlined in this section and adopted by
2 the Board of County Commissioners:
3 ...
4 The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
5 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
6 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only
7 the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent
8 to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
9 checkmark next to them are not considered to be consistent with the definitions of "Objective" and
10 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
11
12 Goal 102
13 Monroe County shall direct future growth to lands which are most suitable for development and
14 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach
15 berm and tropical hardwood hammock).
16
17 Objective 105.1
18 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
19 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
20 processes to preserve the natural environment, maintain and enhance the community character and
21 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
22 concepts, reduce sprawl, and direct future growth to appropriate infill areas. [F.S. §
23 163.3177(6)(a)2.e.]
24
25 Policy 105.1.3
26 Monroe County shall, through its development standards and Land Development Code, continue to
27 foster the retention and redevelopment of small businesses on the U.S.1.
28
29 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
30 Specifically it furthers:
31
32 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
33 of individual parcels with respect to density, intensity, bulk regulations, and all other land
34 development regulation. This will protect the existing conformance status of most uses and promote
35 orderly development consistent with the Comprehensive Plan.
36
37 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
38 planning area where appropriate.
39
40 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
41 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
42 comprehensive planning principles and the following community-goal related criteria:
43 a. Promote infill, design flexibility and transfer of density to Community Centers
44 b. Preserve commercial conformance status within sections along US-1 predominated by
45 existing commercial businesses and disturbed lands.
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5103
I c. Encourage sun-setting of intensive commercial uses within sections along US-1
2 predominated by natural habitat or native-dominated landscape, relatively sparse
3 development and relatively few businesses.
4 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
5 economy.
6 e. Give consideration to whether the property provides a unique or outstanding opportunity for
7 enhancement of design, connectivity and other community goals, especially along the US-1
8 corridor.
9
10 C. The BOCC may consider the adoption of an ordinance enacting the proposed map
11 amendment based on one or more of the following factors:
12
13 1. Changed projections (e.g., regarding public service needs) from those on which the existing
14 text or boundary was based;
15
16 Per the Applicant: "Removes three (3) residential units from the ROGO rolls. Thus lessens
17 potential "Takings" Claims. "
18
19 In accordance with Comprehensive Plan Policy No. 101.3.1, Monroe County maintains a Permit
20 Allocation System for new residential development known as the Residential Rate of Growth
21 Ordinance (ROGO) System. The Permit Allocation System shall limit the number of permits
22 issued for new residential dwelling units. The ROGO allocation system shall apply within the
23 unincorporated area of the county, excluding areas within the county mainland and within the
24 Ocean Reef planned development(Future development in the Ocean Reef planned development is
25 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized
26 and issued by the Department of Community Affairs). New residential dwelling units included in
27 the ROGO allocation system include the following: affordable housing units; market rate
28 dwelling units; mobile homes; and institutional residential units (except hospital rooms)... [Refer
29 to Comp. Plan Policy 101.3.1 for full text.]
30
31 In accordance with Policy No. 101.3.2, the number of permits issued for residential dwelling units
32 under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time
33 period of July 13, 2013 through July 12, 2026, plus any available unused ROGO allocations from
34 a previous ROGO year. A ROGO year means the twelve-month period beginning on July 13.
35 Market rate allocations shall not to exceed 126 residential units per year...[Refer to Comp. Plan
36 Policy 101.3.2 for full text.]
37
38 In 2012,pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity completed
39 the hurricane evacuation clearance time modeling task and found that with 10 years' worth of
40 building permits, the Florida Keys would be at a 24-hour evacuation clearance time. This creates
41 challenges for Monroe County because at that time, there were 8,168 privately owned vacant
42 parcels [3,979 Tier I; 393 Tier 11, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA,
43 etc.)] but only 1,970 ROGO allocations to distribute. This deficit of ROGO allocations could
44 result in a balance of approximately 6,198 privately held vacant parcels at risk of not obtaining
45 permits once the 1,970 ROGO allocations are exhausted.
46
BOCC SR 07.17.2024 Page 12 of 17
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5104
I In recognition of the likelihood that the inventory of vacant parcels exceeds the total number of
2 allocations which the State will allow the County to award, Staff recognizes the importance in
3 considering this proposed amendment to the FLUM designation of the Properties, which could
4 allow for an alternative development option of vacant lots that are currently zoned for residential
5 development. Approval of the proposed FLUM amendment from Residential Medium to
6 Commercial would eliminate the residential development potential while creating nonresidential
7 development potential for the Properties. The proposed FLUM amendment would help to reduce
8 the demand for ROGO allocations.
9
10 2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing
11 text or boundary was based;
12
13 Per the Applicant: "Allows for a smooth transition between US-1 business corridor to residential
14 uses in surrounding neighborhoods. Allows for potential fewer trips. "
15
16 Traditional community planning principles would support the applicants statement related to the
17 transition between Overseas Highway and the nearby residential neighborhood. However, it
18 should be noted that the statement related to fewer trips may not be accurate dependent on the
19 development that is proposed. At the time of development approval, a trip generation analysis will
20 be required to be submitted in order to verify sufficient roadway capacity.
21
22 3. Data errors, including errors in mapping, vegetative types and natural features which
23 contributed to the application of the existing text or boundary;
24
25 Per the Applicant: `In the opinion of the applicant, these properties on the USI corridor, in a
26 predominate business area, were incorrectly,mapped as residential. "
27
28 The structure that is currently in existence on Lot 17 of the Properties was constructed as an
29 office. This structure received its Certificate of Occupancy in 1963. As described in the relevant
30 prior County actions section of this Report, the 1973-86 Zoning maps indicate the Property was
31 within the BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District
32 permitted various nonresidential uses per Section 19-216(a) of the 1973-86 Monroe County Code.
33 The adoption of the revised land use district maps and code in 1986 rendered the previously
34 existing lawful use nonconforming.
35
36 While Staff does not have evidence to support the Applicant's statement in its entirety, it is
37 apparent that the proposed FLUM designation would be compatible with the surrounding area due
38 to the proximity of existing properties designated as Mixed Use/Commercial (MC) on the FLUM.
BOCC SR 07.17.2024 Page 13 of 17
File 2023-086
5105
III IIIIIIII / /
d
i
r
2 Existing FLUM Designation Proposed FLUM Designation
3
4 4. New issues which arose after the application of the existing text or boundary;
5
6 Per the Applicant: "ROGO is nearing the end. This change would allow for compatible uses for
7 the neighborhood, thus lessening traffic. As mentioned, this would remove 3 lots from the ROGO
8 rolls. "
9
10 As previously stated, Staff recognizes the importance in considering requests such as this
11 proposed amendment to the FLUM designation of the Properties, which could allow for an
12 alternative development option. Approval of the proposed FLUM amendment from Residential
13 Medium to Commercial would eliminate the residential development potential while allowing for
14 the nonresidential development of the Properties. The proposed FLUM amendment would help to
15 reduce the demand for ROGO allocations. However, it should be noted that the statement related
16 to fewer trips may not be accurate dependent on the development that is proposed.
17
18 5. Recognition of a need for additional detail or comprehensiveness;
19
20 Per the Applicant: "With the end of ROGO pending, these highway lots are better suited for low
21 intense non-residential uses to serve as a buffer and offer a smooth transition from non-
22 residential low intense uses to residential uses in the adjacent neighborhood. "
23
24 Staff does not disagree with the Applicant's statement, however it should be clarified that the
25 Commercial FLUM designation does not limit properties to low intensity uses. The proposed
26 Commercial FLUM with the corresponding Commercial 1 District zoning could allow for various
27 nonresidential uses with intensities ranging from low to high.
28
29 6. Data updates; or
30
31 Per the Applicant: "Please review included traffic study. This proposed amendment will benefit
32 the surrounding residential areas and possibly reduce trips on tUSI; this area is a convergence of
33 905 and tUSI and is often backed up due to this convergence. The request is a win/win"
34
35 A Traffic Impact Study (TIS) prepared by Caltran Engineering Group and signed and sealed by
36 Juan S. Calderon, P.E. on October 11, 2022, was submitted by the Applicant. This study provides
37 an analysis of a proposed, specific, nonresidential development on the property in the form of a
BOCC SR 07.17.2024 Page 14 of 17
File 2023-086
5106
I nursery (garden center), a commercial retail use. According to this study, the commercial retail
2 use would generate 886 daily trips. This TIS has not been reviewed by the County's
3 Transportation Consultant. A full review of the TIS will be conducted once an application for a
4 specific development approval has been submitted.
5
6 At the time of development approval, a trip generation analysis will be required to be submitted in
7 order to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and
8 Delay Study, the maximum reserve volume for Segment 23 is 10,354 trips.
9
10 7. Consistency with the Comprehensive Plan and the principles for guiding development as
11 defined in Section 380.0552, Florida Statutes.
12
13 As described throughout this report, staff finds the proposed map amendment consistent with the
14 Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
15 Florida Statutes.
16
17 D. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must
18 also consider the analyses identified in Chapter 163, Florida Statutes and must find that the
19 amendment is consistent with the principles for guiding development as defined in Section
20 380.0552, Florida Statutes.
21
22 Per the Applicant, "The proposed amendment is consistent with the principles for guiding
23 development in Monroe County by lensing [sic] residential development thus lessening additional
24 traffic impacts on USI. Additionally, with the recent construction of the College of the Florida Keys,
25 this change would comply with Section 163.3117(5)(a)2h. IE. implementation of mixed use
26 development...163.3178- high dry upland area (N/A) 163.3180-Non-residential has less impacts on
27 infrastructure especially if the resulting zoning is C-1 as proposed. 163-31.84- applicant feels this
28 amendment would be "in-compliance.
29
30 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
31 the principles for guiding development and any amendments to the principles, the principles shall be
32 construed as a whole and no specific provision shall be construed or applied in isolation from the
33 other provisions.
34
35 (a) Strengthening local government capabilities for managing land use and development so that
36 local government is able to achieve these objectives without continuing the area of critical
37 state concern designation.
38 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
39 seagrass beds, wetlands, fish and wildlife, and their habitat.
40 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
41 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
42 beaches, wildlife, and their habitat.
43 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
44 economic development.
45 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
46 Keys.
BOCC SR 07.17.2024 Page 15 of 17
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I (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
2 environment, and ensuring that development is compatible with the unique historic character
3 of the Florida Keys.
4 (g) Protecting the historical heritage of the Florida Keys.
5 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
6 proposed major public investments, including:
7 1. The Florida Keys Aqueduct and water supply facilities;
8 2. Sewage collection, treatment, and disposal facilities;
9 3. Solid waste treatment, collection, and disposal facilities;
10 4. Key West Naval Air Station and other military facilities;
11 5. Transportation facilities;
12 6. Federal parks, wildlife refuges, and marine sanctuaries;
13 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
14 properties;
15 8. City electric service and the Florida Keys Electric Co-op; and
16 9. Other utilities, as appropriate.
17 (i) Protecting and improving water quality by providing for the construction, operation,
18 maintenance, and replacement of stormwater management facilities; central sewage
19 collection; treatment and disposal facilities; and the installation and proper operation and
20 maintenance of onsite sewage treatment and disposal systems.
21 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
22 operation of wastewater management facilities that meet the requirements of ss.
23 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
24 central wastewater treatment facilities through permit allocation systems.
25 (k) Limiting the adverse impacts of public investments on the environmental resources of the
26 Florida Keys.
27 (1) Making available adequate affordable housing for all sectors of the population of the Florida
28 Keys.
29 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
30 a natural or manmade disaster and for a postdisaster reconstruction plan.
31 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
32 maintaining the Florida Keys as a unique Florida resource.
33
34 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
35 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
36
37 E. In no event shall an amendment be approved which will result in an adverse change in
38 community character to the sub-area which a proposed amendment affects or to any area in
39 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
40
41 Per the Applicant, "This text amendment[sic] would be consistent with other non-residential uses in
42 this commercial corridor. This is a commercial area and to allow/approve this amendment would
43 offer a smooth transition to residential. "
44
45 Staff does not anticipate that approval of the proposed amendment of the FLUM to result in an
46 adverse change in community character to the sub-area which the proposed amendment affects.
BOCC SR 07.17.2024 Page 16 of 17
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5108
I V. PROCESS
2
3 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
4 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
5 to file an application with the Planning Director accompanied by a nonrefundable application fee as
6 established from time to time by the BOCC to defray the actual cost of processing the application. After
7 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
8 with a recommendation of approval or denial to the Development Review Committee for review and
9 comment. Staff shall make a recommendation to the Planning Commission.
10
11 The Planning Commission shall review the application, the reports and recommendations of the
12 Planning and Environmental Resources Department, the comments of the Development Review
13 Committee, and the testimony given at the public hearing, and shall submit its recommendations and
14 findings to the BOCC.
15
16 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
17 Environmental Resources Department staff, and the testimony given at the public hearings.
18
19 VII. STAFF RECOMMENDATION
20
21 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
22 Commercial (COMM) for properties located at 106309, 106319, 106329, and 106339 Overseas
23 Highway, Key Largo contingent on approval of the corresponding Land Use District (LUD) Map
24 amendment from Improved Subdivision (IS)to Commercial 1 (C1).
25
26 VIII. EXHIBITS
27 1. 11"X 17" Map Series FLUM Amendment
28 2. Ordinance
BOCC SR 07.17.2024 Page 17 of 17
File 2023-086
5109
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6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2024
10
11 AN ORDINANCE AMENDING THE MONROE COUNTY FUTURE
12 LAND USE MAP ("FLUM") FROM RESIDENTIAL MEDIUM ("RM) TO
13 COMMERCIAL ("COMM") FOR PROPERTIES LOCATED AT 106309,
14 106319, 106329, AND 106339 OVERSEAS HIGHWAY, KEY LARGO,
15 MILE MARKER 106, CURRENTLY HAVING PROPERTY
16 IDENTIFICATION NUMBERS 00538470-000000, 00538460-000000,
17 00538450-000000, AND 00538440-000000, AS PROPOSED BY DEL SOL
18 POINT, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR
19 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
21 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO
22 THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE
23 DATE.
24
25
26 WHEREAS, on April 12, 2023, the Planning & Environmental Resources Department
27 received an application from Del Sol Point, LLC (the "Applicant"), a Florida-registered limited
28 liability company, to amend the Monroe County Future Land Use Map ("FLUM") from
29 Residential Medium ("RM") to Commercial ("COMM") for properties located at 106309,
30 106319, 106329, and 106339 Overseas Highway in Key Largo (the "properties"); and
31
32 WHEREAS, the Applicant has also requested a corresponding Land Use District
33 ("LUD") Map amendment for the properties from Improved Subdivision ("IS") to Commercial 1
34 ("C I"); and
35
36 WHEREAS, on September 6, 2023, the Applicant held a community meeting, as
37 required by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to
38 discuss the proposed FLUM amendment and the corresponding LUD Map amendment and to
39 provide for public participation; and
40
41 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
42 the proposed map amendments at a regularly scheduled meeting held on September 26, 2023;
43 and
44 WHEREAS, on September 26, 2023, the Chair of the DRC signed Resolution Nos. DRC
45 18-23 and DRC 19-23 recommending approval of the proposed amendments to the Land Use
5111
I District ("LUD") Map and Future Land Use Map ("FLUM") to the Planning Commission and
2 Board of County Commissioners; and
3 WHEREAS, at a regularly scheduled meeting held on December 20, 2023, the Monroe
4 County Planning Commission held a public hearing for the purpose of considering the proposed
5 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan
6 and the proposed LUD map amendment for the properties, and provided for public comment;
7 and
8
9 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
10 Resolution Nos. P47-23 and P48-23 recommending that the Monroe County Board of County
11 Commissioners ("BOCC", "Board", "Monroe County", or the "County") approve the proposed
12 amendments to the LUD Map and FLUM; and
13
14 WHEREAS, at a regular meeting held on March 20, 2024, the Monroe County BOCC
15 held a public hearing to consider the transmittal of the proposed amendment, considered the
16 Department's professional staff report and provided for public comment and public participation
17 in accordance with the requirements of law; and
18
19 WHEREAS, at the March 20, 2024, public hearing, the BOCC adopted Resolution No.
20 126-2024, transmitting the amendment to the State Land Planning Agency; and
21
22 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
23 received its Objections, Recommendations and Comments ("ORC")report on May 21, 2024; and
24
25 WHEREAS, the ORC report did not identify any objections, recommendations or
26 comments; and
27
28 WHEREAS, at a regularly scheduled meeting on the 17th day of July, 2024, the BOCC
29 held a duly noticed public hearing, considered the Department's accompanying professional staff
30 report dated July 2, 2024, prepared by Assistant Director of Planning Cheryl Cioffari, A.LC.P.,i
31 and through Senior Director Emily Schemper, A.LC.P., C.F.M., and considered adoption of the
32 proposed FLUM amendment;
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
35 OF COUNTY COMMISSIONERS:
36
37 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
38 correct and are hereby incorporated as if fully set forth herein.
39
40 Section 2. The above-referenced Monroe County Planning and Environmental Resources
41 Department professional staff report prepared by Assistant Director Cheryl
42 Cioffari, A.LC.P., and through Senior Director Emily Schemper, A.LC.P.,
43 C.F.M., is hereby incorporated as if fully stated herein and the analysis and
1 American Institute of Certified Planners.
2 Certified Floodplain Manager.
2 of 4
5112
I determinations of fact and law contained therein are hereby accepted and adopted
2 as if fully stated herein.
3
4 Section 3. The Future Land Use Map ("FLUM") of the Monroe County Comprehensive Plan
5 is amended as follows:
6
7 The properties located at 106309, 106319, 106329, and 106339 Overseas
8 Highway in Key Largo are changed from Residential Medium ("RM") to
9 Commercial ("COMM") as shown on Exhibit 1., attached hereto and
10 incorporated herein.
11
12 Section 4. Interpretation. The interpretation of this Ordinance and all provisions of the
13 Monroe County Comprehensive Plan, Florida Building Code, Florida Statutes,
14 floodplain management requirements, and Monroe County Codes whose
15 interpretation arises out of, relates to, or is interpreted in connection with this
16 Ordinance shall be liberally construed and enforced in favor of the Monroe
17 County BOCC, and shall be deferred in favor of the Monroe County BOCC, and
18 such interpretation shall be entitled to great weight in adversarial administrative
19 proceedings, at trial, bankruptcy, and on appeal.
20
21 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed
22 to have waived, for itself or for its officer(s), employee(s), or agent(s), any
23 sovereign, governmental, and any other similar defense, immunity, exemption, or
24 protection against any suit, cause-of-action, demand, or liability.
25
26 Section 6. Severability. If any provision of this Ordinance, or any part or portion thereof is
27 held to be invalid or unenforceable by any administrative hearing officer or court
28 of competent jurisdiction, the invalidity or unenforceability of such provision, or
29 any part or portion thereof, shall neither limit nor impair the operation,
30 enforceability, or validity of any other provision of this Ordinance, or any
31 remaining part(s) or portion(s)thereof. All other provisions of this Ordinance, and
32 remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and
33 effect.
34
35 Section 7. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
36 conflict with this ordinance are hereby repealed to the extent of said conflict.
37
38 Section 8. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
39 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
40 Statutes.
41
42 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
43 secretary of the State of Florida but shall not become effective until a notice is
44 issued by the State Land Planning Agency or Administration Commission finding
45 the amendment in compliance, and if challenged, until such challenge is resolved
46 pursuant to Chapter 120, Florida Statutes.
3 of 4
5113
I Section 10. Inclusion in the Monroe County Comprehensive Plan. The foregoing
2 amendment shall be incorporated in the Monroe County Comprehensive Plan and
3 included on the Future Land Use Map.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on July 17, 2024.
7
8 Mayor Holly Merrill Raschein
9 Mayor Pro Tem James K. Scholl
10 Commissioner Michelle Lincoln
11 Commissioner Craig Cates
12 Commissioner David Rice
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA:
16
17 By:
18 Mayor Holly Merrill Raschein
19 (SEAL) MONAOE COUNTY ATTORNEY
20 APB VIED
21 ATTEST: KEVIN MADOK, CLERK w 7121-2t-
22
23
24 AS DEPUTY CLERK
4of4
5114
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Existing LUD Proposed LUD
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�� .��, �����s;f'6 r t4wp��l4an11(lalil �llYy�l� li ° irr�;� ii
�n Existing FLUM Proposed FLUM
Maximum Development Potential by Land Use District
Existing Zoning Type Adopted Development Potential
Standards
• - • • - • • Improved Market Rate Allocated 1.0 du/lot 4 du
Subdivision(IS) Density
• •• • • • • • TDR/Market Rate Residential 0 0 du
• • • • • •' • '• • • -• • • Gross Upland Max.Net Density
• • • • • • • •_ Area:26,410 sf/ Affordable Residential Max. 0 0 du
6 0. acres
Net Density
• • • • • • • • • • • Transient Allocated Density 0 0 du
•" • "• • • Transient Max.Net Density 0 0 du
Nonresidential Uses 0 0 sf
• • • • • • Proposed Zoning Type Adopted Development Potential
Standards
• • • • Commercial 1 Market Rate Allocated 0 0 du
• •. • •• • • • (Cl) Density
• s • • • • _ • • • • • • • TDR/Market Rate Residential 0 0 du
Gross Upland Max.Net Density
• • • • • • • • Area:26,410 sf/ Affordable Residential Max. 0 0 du
• • • • • • • • 0.6 acres Net Density
• •_ •_ _• • Transient Allocated Density 0 0 du
• • • • Transient Max.Net Density 0 0 du
• • • • _• _•• _ • _• • Nonresidential Uses 0.15-0.40 FAR 3,961.6 sf-10,564 sf
• ' • •• • • • • • Net Change in Type Net Change
• • '• • • ••. • •' ®' Development
•_ _ s• Potential of Market Rate Allocated Density -4 du
Cumulative TDR/Market Rate Residential Max.Net Density n/a
Properties Based
• •' • • • - - • ' . • • • a on LUD Affordable Residential Max.Net Density n/a
s_ _ so • • • Amendment
Transient Allocated Density n/a
Transient Max.Net Density n/a
Nonresidential Uses +3,961.6 sf- 10,564 sf
��tiyr
` Use within Commercial 1 (C1) Maximum Floor
flG Area Ratio
Low Intensity Commercial Retail or 0.35
Restaurant
Medium Intensity Commercial 0.25
Retail or Restaurant
High Intensity Commercial Retail 0.15
1 or Restaurant
Office 0.40
Light Industrial 0.30
Institutional 0.30
Public Buildings/Uses 0.30
` � o Commercial Recreation 0.25
i
Staff recommends of the proposed LUD
amendment to the Monroe County Land Use District Map
from Improved Subdivision (IS) to Commercial 1 (Cl ) and
approval of the proposed FLUM amendment from Residential
Medium (RM) to Commercial (COMM ) for properties located
at 106309, 106319, 106329, and 106339 Overseas Highway,
Key Largo.