Item R06 R6
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: R6
2023-2583
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 Land Use District Map from Improved Subdivision("IS") to Commercial 1 ("C1") 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 & 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 Land Use District("LUD") Map from Improved Subdivision("IS") to Commercial 1
("C1") for properties located at 106309, 106319, 106329, and 106339 Overseas Highway in Key Largo,
at approximate mile marker 106 (the "Properties").
See attached staff report for complete analysis.
PREVIOUS RELEVANT BOCC ACTION:
On March 20, 2024, at a regularly scheduled meeting, the Monroe County Board of County
Commissioners ("BOCC") held a public hearing to consider the associated Future Land Use Map
("FLUM") amendment for the properties, 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 BOCC 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. The proposed FLUM amendment is also scheduled for a public hearing on July 17, 2024.
INSURANCE REQUIRED:
No
5115
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Staff recommends approval of the proposed LUD amendment from Improved Subdivision(IS) to
Commercial I (CI) for properties located at 106309, 106319, 106329, and 106339 Overseas Highway,
Key Largo contingent on approval of the corresponding Future Land Use Map (FLUM) from
Residential Medium(RM) to Commercial (COMM).
DOCUMENTATION:
Exhibit I to Ordinance
2023-087.13OCC SR 07.17.2024.doc
Exhibit I—LUD—IIA-17—Del—Sol—Point.pdf
Exhibit 2—130-83—Permitted Uses_IS.pdf
Exhibit 3—130-102—Permitted—Uses—Cl.pdf
Ordinance—LUD.pdf
FINANCIAL IMPACT:
n/a
5116
Exhibit 1 to Ordinance# -2024
VACA RD
+' O
O
5
j
1
GARDEN COVE DR
a
�F 1
`, She• ; ;
N o� DLO
O
NORTH END RD
ABACO RD
tvP
SANDROS RD
LU
z
The Monroe County Land Use District 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 Improved Subdivision (IS) N
to Commercial 1 (Cl).
5117
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 Land Use District (Zoning) Map from Improved Subdivision (IS) to
19 Commercial 1 (C1) for properties located at 106309, 106319, 106329, and 106339
20 Overseas Highway, Key Largo, as proposed by Del Sol Point, LLC (File 2023-087)
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 Land Use District(Zoning) Map from Improved Subdivision (IS) to Commercial 1 (C1)
29 for properties located at 106309, 106319, 106329, and 106339 Overseas Highway in Key Largo, at
30 approximate mile marker 106 (the "Properties").
31
I
l r i i n
%` �✓� ii i",%! �A lii i f�'1 p�,. if i1�i�j�i �1J(, °�� l „. 1 � � �l �" (b J �if,� ,�
32
33 Existing LUD Designation Proposed LUD Designation
34
BOCC SR 07.17.2024 Page 1 of 15
File 2023-087
5118
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, 00538440-000000, 00538450-000000, and
8 00538460-000000
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 district(Light Business) 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 Monroe
29 County Property Appraiser (MCPA). The existing structure was permitted to serve as an office. There is
30 no approved use for Lots 14, 15, and 16. It should be noted that 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 2023-086: A corresponding Future Land Use Map (FLUM) amendment for the Properties,
39 requesting to amend the FLUM from Residential Medium (RM) to Commercial (COMM).
40
41 The proposed Commercial 1 Land Use District is only appropriate and compatible on properties that are
42 designated as Commercial on the Future Land Use Map.
43
44 Community Meeting and Public Participation
45 In accordance with LDC Section 102-159(b), a community meeting was held on September 6, 2023 at
46 the Key Largo Branch Library to discuss the proposed Future Land Use Map (FLUM) and
BOCC SR 07.17.2024 Page 2 of 15
File 2023-087
5119
I corresponding Land Use District(Zoning) Map amendments and provide for public participation. Issues
2 raised at the community meeting included but were not limited to:
3 0 Concern of possible commercial uses and intensities on the Properties
4 0 General traffic concerns on both US and nearby local County roads
5 0 Concerns over the existing use of the Properties and its impact on the surrounding neighborhood
6 0 Disturbances to the surrounding neighborhood
7 0 Nonresidential parking in County right of ways
8
9 Development Review Committee
10 The Monroe County Development Review Committee (DRC) considered the proposed amendments to
11 the FLUM and LUD Map at a regularly scheduled meeting held on September 26, 2023 to provide for
12 public participation, comments, and recommendations. On September 26, 2023, the Chair of the DRC
13 signed Resolution Nos. DRC 18-23 and DRC 19-23, recommending APPROVAL of the proposed
14 amendments to the Land Use District Map and Future Land Use Map to the Planning Commission and
15 Board of County Commissioners.
16
17 Prior Relevant BOCC Action
18 The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This
19 structure was permitted on January 16, 1963. An application for development approval has not been
20 issued to change the use of the structure.
21
22 The 1973-86 Zoning Maps indicate/the Properties were within the BU-1 Light Business District.
,n {
,
23 �CJ.
24 1973-1986 Monroe County Zoning of Properties(highlight),BU-1
25
26 The 1973-86 zoning, BU-1 Light Business District permitted various nonresidential uses per Section 19-
27 216(a) of the 1973-86 Monroe County Code as depicted below.
28
BOCC SR 07.17.2024 Page 3 of 15
File 2023-087
5120
See. 19-216. RV-1 tight hustriess 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 ser-
vices,family counseling,personal wrvicoq,drug and son-
dry stores, tobacco and newsstands, florists, gift shops,
confectionery stores,antique shops,art goods,bric-a-brac
shops,ice cream parlors,curio shops,interior decoration.
furriers,bookstores,restaurants A and B,clothing stores,
jewelry store;,leather goods,photographic galNarios,pot-
tery sales(no manufacturing),show stores,sporting goods,
tailor shops,fire and burglar alai ms,
(b) Accessory uses permitteti,Apartments within the principal
building.
(c) Usps permitted upon special approuab
(1) Retail sales and-services not expressly permitted.
W-48) Reserved.
2
3 The 1986 Pattison Zoning Maps indicate the Properties were within the Improved Subdivision (IS)
4 district.
...............
.......... 6
-11U,
�4-
5
6 1986 Pattison Zoning Map—Properties(highlight),IS District
7
8 The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Properties were
9 within the Improved Subdivision (IS) district. These maps were most recently certified through BOCC
10 Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District Maps
11 making the maps available in digital form on June 20, 2007.
12
AP #0
lip ————————————————————
All,
ff V 1 r I IS 01 10i 36
NORTH IIIND ROAD
0
oil
/ 's ff :WINW0 -11
if 1/ 1 �0
13 ?, ,,X �", "ACO ROAQ
14 1988 Craig Zoning Map—Properties(highlight),IS District
15
16
17 On September 22, 2021, a Letter of Understanding was issued by the Senior Director of Planning and
18 Environmental Resources concerning the proposed redevelopment of the Properties. Additionally, the
BOCC SR 07.17.2024 Page 4 of 15
File 2023-087
5121
I LOU provided information related to the Land Use District(Zoning) Map Amendment and Future Land
2 Use Map Amendment processes.
3
4 III.AMENDMENT REVIEW
5
6 LUD Comparisons
7 Existing
8 LDC Section 130-36.-Purpose of the Improved Subdivision District(IS)
9 The purpose of the IS district is to accommodate the legally vested residential development rights of the
10 owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this
11 LDC. For the purpose of this section, improved lots are those that are served by a dedicated and
12 accepted existing road of porous or nonporous material, that have an approved potable water supply, and
13 that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks.
14 This district is not intended to be used for new land use districts of this classification within the county.
15
16 Proposed
17 LDC Section 130-28.-Purpose of the Commercial 1 District (Cl)
18 The purpose of the C1 district is to establish areas for commercial retail, public, institutional and office
19 uses designed and intended primarily to serve the needs of immediately surrounding residential areas.
20 This district should be established at locations convenient and accessible to residential uses to reduce
21 trips on U.S. 1.
22
23 The Properties are adjacent to U.S.1 to the northwest and a residential subdivision to the southeast.
24 Approval of the proposed amendment of the LUD to Commercial 1 would allow for the development of
25 nonresidential uses that are designed and intended to primarily serve the needs of the immediately
26 surrounding residential area.
27
28 Maximum Density and IntensiLr by Land Use District
29 The table below provides a comparison of the development potential for residential, transient and
30 commercial development of the existing Land Use (zoning) District as compared to the proposed,
31 amended zoning district. Section 130-156(b) of the Land Development Code states: "The density and
32 intensity provisions set out in this section are intended to be applied cumulatively so that no
33 development shall exceed the total density limits of this article. For example, if a development includes
34 both residential and commercial development, the total gross amount of development shall not exceed
35 the cumulated permitted intensity of the parcel proposed for development."
36
Maximum Development Potential by Land Use District
Existing Zoning Type Adopted Development Potential
Standards
Improved Market Rate Allocated Density 1.0 du/lot 4 du
Subdivision (IS)
TDR/Market Rate Residential 0 0 du
Gross Upland Max.Net Density
Area: 26,410 sf/ Affordable Residential Max.Net 0 0 du
BOCC SR 07.17.2024 Page 5 of 15
File 2023-087
5122
0.6 acres 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 Density 0 0 du
(C1) TDR/Market Rate Residential 0 0 du
Max.Net Density
Gross Upland Affordable Residential Max.Net 0 0 du
Area: 26,410 sf/ Density
0.6 acres 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
Potential of Market Rate Allocated Density -4 du
Cumulative TDR/Market Rate Residential Max.Net Density n/a
Properties Based
on LUD Affordable Residential Max.Net Density n/a
Amendments
Transient Allocated Density n/a
Transient Max.Net Density n/a
Nonresidential Uses +3,961.6 sf- 10,564 sf
1
2 As shown in the orange portion of the table, the proposed LUD Map amendment would result in a
3 decrease of allocated market rate density and an increase in nonresidential intensity. The
4 TDR/market rate residential maximum net density, affordable residential maximum net density, and
5 transient density would remain at 0.
6
7 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
8 LDC Section 138-49.
9
10 The total amount of new nonresidential floor area that could be constructed on either of the Properties
11 would be dependent on the size of the property and the actual use proposed. Below is a table detailing
12 the maximum floor area ratios permitted based on the proposed use within the Commercial 1 LUD in
13 accordance with LDC Section 130-164.
14
Use within Commercial 1 C1 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
BOCC SR 07.17.2024 Page 6 of 15
File 2023-087
5123
Public Buildings/Uses 0.30
Commercial Recreation 0.25
1
2
3 Permitted and Conditional Uses
4 The key difference between the allowed uses within the IS and C1 Land Use (zoning) Districts is that
5 the IS zoning district is primarily a residential district with little to no nonresidential uses permitted,
6 whereas the C1 zoning district allows for new and expanded nonresidential uses.
7
8 The full list of permitted uses within the IS Land Use District is provided in LDC Section 130-83 and is
9 included as Exhibit 2 to this staff report. The full list of permitted uses within the C1 Land Use District
10 is provided in LDC Section 130-102 and is included as Exhibit 3 to this staff report.
11
12 Compatibility with the Surrounding Area
13 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
14 b. Existing Tier Designation: III
15 c. Number of Listed Endangered or Threatened Species: 0
16 d. Existing Use: Office [on Lot 17 only], Vacant
17 e. Community Character of Immediate Vicinity: Residential, Commercial Retail, Restaurant
18
19 Although the immediately adjacent Land Use District [to the Properties] is Suburban Commercial (SC)
20 [aside from Improved Subdivision], Commercial 1 (C1) zoning is appropriate due to the similarities of
21 the uses permitted within these two zoning districts and the maximum nonresidential intensities. The
22 primary difference between them is the absence of allowed residential uses/ density within the C1
23 district. There are residential uses allowed within the SC zoning district. The SC zoning district also
24 allows for institutional residential uses, hotels, marinas, agricultural uses, heliports, and wastewater
25 nutrient reduction cluster systems; these are land uses that are not permitted within the C1 Land Use
26 District.
27
28 The permitted nonresidential uses and their maximum floor area ratios within the SC zoning district, as
29 provided in LDC Section 130-93 and 130-164, are depicted in the table below for comparison with those
30 permitted in C1 [included in the table on Page 6 of this report].
31
Use within Suburban Commercial SC 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
32
33 Approval of the proposed C1 zoning would result in similar(and reduced) nonresidential uses then those
34 permitted within the adjacent Land Use District at the same intensity while promoting a reduction in
35 overall County residential density, which is consistent with Policy No. 101.5.26 of the Comprehensive
36 Plan.
37
BOCC SR 07.17.2024 Page 7 of 15
File 2023-087
5124
I IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
2 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN,AND THE MONROE COUNTY LAND
3 DEVELOPMENT CODE
4
5 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
6 County Year 2030 Comprehensive Plan. Specifically,it furthers:
7
8 Goal 101
9 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
10 County residents and visitors, and protect valuable natural resources.
11
12 Objective 101.3
13 Monroe County shall regulate new residential development based upon the finite carrying capacity
14 of the natural and man-made systems and the growth capacity while maintaining a maximum
15 hurricane evacuation clearance time of 24 hours.
16
17 Objective 101.4
18 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
19 the needs of the future population of Monroe County.
20
21 Objective 101.5
22 Monroe County shall regulate future development and redevelopment to maintain and enhance the
23 character of the community and protect natural resources by providing for the compatible
24 distribution of land uses consistent with the designations shown on the Future Land Use Map.
25
26 Policy 101.5.8
27 The principal purpose of the Commercial (COMM) future land use category is to provide for the
28 establishment of commercial zoning districts where various types of commercial retail; highway-
29 oriented sales and services; commercial recreation; light industrial; public, institutional and office
30 uses may be permitted at intensities which are consistent with the community character and the
31 natural environment. The commercial zoning districts established within this category are intended
32 to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
33 accommodate transient or permanent residential development.
34
35 In order to protect environmentally sensitive lands, the following development controls shall apply
36 to all Tier I lands within this land use category:
37
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 Policy 101.5.25
42 Monroe County hereby adopts the following density and intensity standards for the future land use
43 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
44
45
46
BOCC SR 07.17.2024 Page 8 of 15
File 2023-087
5125
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
(C1 and C2
zoning)
1
2 Policy 101.5.26
3 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
4 promote the reduction in overall County residential density and the preservation of Monroe County's
5 native habitat by enacting legislation which implements the following policy statements for private
6 applications for future land use map amendments which increase allowable residential allocated
7 density. Private application(s) means those applications from private entities with ownership of the
8 upland development and parcel(s) of land or includes private upland development on County-owned
9 land.
10
11 Private applications requesting future land use map designation amendments received after the
12 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
13 density shall be required, upon amendment approval, to comply with either option (1) or(2)below:
14 ...
15 Refer to Comp. Plan Policy 101.5.26 for full text
16
17 Objective 101.8
18 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
19 applicable provisions of the land development regulations, zoning districts, Future Land Use
20 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
21 important part of the community character and the County desires to maintain such character and
22 protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
23 [F.S. § 163.3177 (6)a.2.e.]
24
25 Policy 101.8.2
26 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new
27 use conforms to all applicable provisions of the Future Land Use category and zoning district in
28 which it is located, except as provided for existing lawfully-established residential uses within Policy
29 101.5.29.
30
31 Policy 101.8.7
32 Monroe County shall maintain Land Development Regulations which allow nonconforming
33 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully
34 existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or substantially
35 improve provided that the use is limited in density/intensity, floor area, and to the type of use that
36 existed on January 4, 1996.
BOCC SR 07.17.2024 Page 9 of 15
File 2023-087
5126
I Objective 101.19
2 Monroe County shall address local community needs while balancing the needs of all Monroe
3 County communities. These efforts shall focus on the human crafted environment and shall be
4 undertaken through the Livable CommuniKeys Planning Program.
5
6 Policy 101.19.2
7 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
8 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
9 Plans have been completed in accordance with the principles outlined in this section and adopted by
10 the Board of County Commissioners:
11 ...
12 The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
13 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have
14 been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only
15 the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent
16 to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
17 checkmark next to them are not considered to be consistent with the definitions of "Objective" and
18 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012-2007.
19
20 Goal102
21 Monroe County shall direct future growth to lands which are most suitable for development and
22 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach
23 berm and tropical hardwood hammock).
24
25 Objective 105.1
26 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
27 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
28 processes to preserve the natural environment, maintain and enhance the community character and
29 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
30 concepts, reduce sprawl, and direct future growth to appropriate infill areas. [F.S. §
31 163.3177(6)(a)2.e.]
32
33 Policy 105.1.3
34 Monroe County shall, through its development standards and Land Development Code, continue to
35 foster the retention and redevelopment of small businesses on the U.S.1.
36
37 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
38 Specifically it furthers:
39
40 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development
41 of individual parcels with respect to density, intensity, bulk regulations, and all other land
42 development regulation. This will protect the existing conformance status of most uses and promote
43 orderly development consistent with the Comprehensive Plan.
44
45 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the
46 planning area where appropriate.
BOCC SR 07.17.2024 Page 10 of 15
File 2023-087
5127
1
2 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
3 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
4 comprehensive planning principles and the following community-goal related criteria:
5 a. Promote infill, design flexibility and transfer of density to Community Centers
6 b. Preserve commercial conformance status within sections along US-1 predominated by
7 existing commercial businesses and disturbed lands.
8 c. Encourage sun-setting of intensive commercial uses within sections along US-1
9 predominated by natural habitat or native-dominated landscape, relatively sparse
10 development and relatively few businesses.
11 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
12 economy.
13 e. Give consideration to whether the property provides a unique or outstanding opportunity for
14 enhancement of design, connectivity and other community goals, especially along the US-1
15 corridor.
16
17 C. The BOCC may consider the adoption of an ordinance enacting the proposed map amendment
18 based on one or more of the following factors:
19
20 1. Changed projections (e.g., regarding public service needs) from those on which the existing
21 text or boundary was based;
22
23 Per the Applicant: "Removes three (3) residential units from the ROGO rolls. Thus lessens potential
24 "Takings" Claims. "
25
26 In accordance with Comprehensive Plan Policy No. 101.3.1, Monroe County maintains a Permit
27 Allocation System for new residential development known as the Residential Rate of Growth
28 Ordinance (ROGO) System. The Permit Allocation System shall limit the number of permits issued
29 for new residential dwelling units. The ROGO allocation system shall apply within the
30 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
31 Reef planned development (Future development in the Ocean Reef planned development is based
32 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
33 by the Department of Community Affairs). New residential dwelling units included in the ROGO
34 allocation system include the following: affordable housing units; market rate dwelling units; mobile
35 homes; and institutional residential units (except hospital rooms)... [Refer to Comp. Plan Policy
36 101.3.1 for full text.]
37
38 In accordance with Policy No. 101.3.2, the number of permits issued for residential dwelling units
39 under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time
40 period of July 13, 2013 through July 12, 2026, plus any available unused ROGO allocations from a
41 previous ROGO year. A ROGO year means the twelve-month period beginning on July 13. Market
42 rate allocations shall not to exceed 126 residential units per year...[Refer to Comp. Plan Policy
43 101.3.2 for full text.]
44
45 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity completed
46 the hurricane evacuation clearance time modeling task and found that with 10 years' worth of
BOCC SR 07.17.2024 Page 11 of 15
File 2023-087
5128
I building permits, the Florida Keys would be at a 24-hour evacuation clearance time. This creates
2 challenges for Monroe County because at that time, there were 8,168 privately owned vacant parcels
3 [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] but
4 only 1,970 ROGO allocations to distribute. This deficit of ROGO allocations could result in a
5 balance of approximately 6,198 privately held vacant parcels at risk of not obtaining permits once
6 the 1,970 ROGO allocations are exhausted.
7
8 In recognition of the likelihood that the inventory of vacant parcels exceeds the total number of
9 allocations which the State will allow the County to award, Staff recognizes the importance in
10 considering this proposed amendment to the LUD of the Properties, which could allow for an
11 alternative development option of these vacant lots that are currently zoned for residential
12 development. Approval of the proposed LUD amendment from Improved Subdivision to
13 Commercial 1 would eliminate the residential development potential while creating nonresidential
14 development potential for the Properties. The proposed LUD amendment would help to reduce the
15 demand for ROGO allocations.
16
17 2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing
18 text or boundary was based;
19
20 Per the Applicant: "Allows for a smooth transition between US-1 business corridor to residential
21 uses in surrounding neighborhoods. Allows for potential fewer trips. "
22
23 Traditional community planning principles would support the applicants statement related to the
24 transition between Overseas Highway and the nearby residential neighborhood. However, it should
25 be noted that the statement related to fewer trips may not be accurate dependent on the development
26 that is proposed. At the time of development approval, a trip generation analysis will be required to
27 be submitted in order to verify sufficient roadway capacity.
28
29 3. Data errors, including errors in mapping, vegetative types and natural features which
30 contributed to the application of the existing text or boundary;
31
32 Per the Applicant: `In the opinion of the applicant, these properties on the USI corridor, in a
33 predominate business area, were incorrectly, mapped as residential. "
34
35 The structure that is currently in existence on Lot 17 of the Properties was constructed as an office.
36 This structure received its Certificate of Occupancy in 1963. As described in the relevant prior
37 County actions section of this Report, the 1973-86 Zoning maps indicate the Property was within the
38 BU-1 Light Business District. The 1973-86 zoning, BU-1 Light Business District permitted various
39 nonresidential uses per Section 19-216(a) of the 1973-86 Monroe County Code. The adoption of the
40 revised land use district maps and code in 1986 rendered the previously existing lawful use
41 nonconforming.
42
43 While Staff does not have evidence to support the Applicant's statement in its entirety, it is apparent
44 that the proposed LUD would be compatible with the surrounding area due to the proximity of
45 existing properties designated as Suburban Commercial (SC), a zoning district which allows for
46 nonresidential uses similar to those permitted within the C1 District.
BOCC SR 07.17.2024 Page 12 of 15
File 2023-087
5129
P 4 I f�;YII
y f
7
(ri
r
�r / r,�„l�l��Y Pik � I 1 ��i ✓ II l r /i �I�lri /; �r �;,
!! rt'r�����n��� l� � �; 1�.� r '1'� ��!!, /� ul�rv^ .,V' ✓� 7 ryl i �
1 '/llfk���f ,t�� ,r`if��,,;� � �o'W��ld�/ //„FJ!, l�lf� �� 1i=.� d� � ��Vi � �h✓ 1 ��
r
2 Existing LUD Designation Proposed LUD 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 the
7 neighborhood, thus lessening traffic. As mentioned, this would remove 3 lots from the ROGO rolls. "
8
9 As previously stated, Staff recognizes the importance in considering requests such as this proposed
10 amendment to the LUD of the Properties, which could allow for an alternative development option.
11 Approval of the proposed LUD Map amendment from Improved Subdivision to Commercial 1
12 would eliminate the residential development potential while allowing for the nonresidential
13 development of the Properties. The proposed LUD Map amendment would help to reduce the
14 demand for ROGO allocations. However, it should be noted that the statement related to fewer trips
15 may not be accurate dependent on the development that is proposed.
16
17 5. Recognition of a need for additional detail or comprehensiveness;
18
19 Per the Applicant: "With the end of ROGO pending, these highway lots are better suited for low
20 intense non-residential uses to serve as a buffer and offer a smooth transition from non-residential
21 low intense uses to residential uses in the adjacent neighborhood. "
22
23 Staff does not disagree with the Applicant's statement; however, it should be clarified that the
24 Commercial 1 LUD does not limit properties to low intensity uses. The proposed Commercial 1
25 LUD could allow for various nonresidential uses with intensities ranging from low to high.
26
27 6. Data updates; or
28
29 Per the Applicant: "Please review included traffic study. This proposed amendment will benefit the
30 surrounding residential areas and possibly reduce trips on tUSI; this area is a convergence of 905
31 and tUSI and is often backed up due to this convergence. The request is a win/win"
32
33 A Traffic Impact Study (TIS)prepared by Caltran Engineering Group and signed and sealed by Juan
34 S. Calderon, P.E. on October 11, 2022, was submitted by the Applicant. This study provides an
BOCC SR 07.17.2024 Page 13 of 15
File 2023-087
5130
I analysis of a proposed, specific nonresidential development on the property in the form of a nursery
2 (garden center), a commercial retail use. According to this study, the commercial retail use would
3 generate 886 daily trips. This TIS has not been reviewed by the County's Transportation Consultant.
4 A full review of the TIS will be conducted once an application for a specific development approval
5 has been submitted.
6
7 At the time of development approval, a trip generation analysis will be required to be submitted in
8 order to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and
9 Delay Study, the maximum reserve volume for Segment 23 is 10,354 trips.
10
11 7. Consistency with the Comprehensive Plan and the principles for guiding development as
12 defined in Section 380.0552, Florida Statutes.
13
14 As described throughout this report, staff finds the proposed map amendment consistent with the
15 Comprehensive Plan and the principles for guiding development as defined in Section 380.0552,
16 Florida Statutes.
17
18 D. In no event shall an amendment be approved which will result in an adverse change in
19 community character to the sub-area which a proposed amendment affects or to any area in
20 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
21
22 The proposed LUD amendment is not anticipated to adversely impact the community character of
23 the surrounding area.
24
25 V. PROCESS
26
27 Any landowner or other person having a contractual interest in property desiring to petition the BOCC
28 for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required
29 to file an application with the Planning Director accompanied by a nonrefundable application fee as
30 established from time to time by the BOCC to defray the actual cost of processing the application. After
31 receipt, the Planning Director and his or her staff shall review the proposed amendment and present it
32 with a recommendation of approval or denial to the Development Review Committee for review and
33 comment. Staff shall make a recommendation to the Planning Commission.
34
35 The Planning Commission shall review the application, the reports and recommendations of the
36 Planning and Environmental Resources Department, the comments of the Development Review
37 Committee, and the testimony given at the public hearing, and shall submit its recommendations and
38 findings to the BOCC.
39
40 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
41 Environmental Resources Department staff, and the testimony given at the public hearings.
42
43 VII. STAFF RECOMMENDATION
44
45 Staff recommends approval of the proposed LUD amendment from Improved Subdivision (IS) to
46 Commercial 1 (C1) for properties located at 106309, 106319, 106329, and 106339 Overseas Highway,
BOCC SR 07.17.2024 Page 14 of 15
File 2023-087
5131
I Key Largo contingent on approval of the corresponding Future Land Use Map (FLUM) from Residential
2 Medium (RM) to Commercial (COMM).
3
4 VIII. EXHIBITS
5 1. 11"X 17" Map Series LUD Amendment
6 2. LDC Section 130-83, Permitted and Conditional Uses within IS Land Use District
7 3. LDC Section 130-102, Permitted and Conditional Uses within C1 Land Use District
8 4. LUD Ordinance
BOCC SR 07.17.2024 Page 15 of 15
File 2023-087
5132
M_
r
0
4
r
U,f1 k 1 /r
I
i
cl �-� Y 0 001000110®
-
" WOOD®m0®
e
a
oCu
b iii's
ma
E E o 0 0 0
a m m o 0
o000
C T 0 0 0 0
L
(Ep N Q O u�C-m m m m
N N U O O O O
�u
J lilllu �r �%/�� �' '� i� %�//lr��✓ill �r /
r
I
1 d cif i
u�
p y /
5/5/23,9:50 AM Monroe County, FL Land Development Code EXHIBIT 2
Sec. 130-83. - Improved Subdivision District(IS).
(a) The following uses are permitted as of right in the improved subdivision district:
(1) In those improved subdivision districts with no subdistrict indicator, detached dwellings of all
types;
(2) IS-M: In those improved subdivision districts with an M subdistrict indicator, only detached
dwellings of masonry appearance;
(3) IS-D: In those improved subdivision districts with a D subdistrict indicator:
a. Detached dwellings; and
b. Duplexes;
(4) Home occupations—Special use permit required;
(5) Accessory uses;
(6) Collocations on existing antenna-supporting structures, pursuant teection 146-5(c);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences; and
(9) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
(b) Vacation rental use is prohibited in all IS districts and subdistricts, except in:
(1) IS-V districts (as set forth insection 130-84); and
(2) In gated communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses.
(c) The following uses are permitted as minor conditional uses in the improved subdivision district,
subject to the standards and procedures set forth irchapter 110. article III:
(1) Parks;
(2) Institutional uses limited to schools; and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f).
about:blank 5134
5/5/23,9:50 AM Monroe County, FL Land Development Code
(d) The following uses are permitted as major conditional uses in the improved subdivision district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
(2) Wastewater treatment facilities and wastewater treatment collection systems serving uses
located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally consistent
with the character of the surrounding community and shall minimize the impact of any
outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter 114, article V, a planting
bed, eight feet in width,to be measured perpendicular to the exterior of the screening
structure shall be established with the following:
1. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
2. The required trees shall be evenly distributed throughout the planting bed;
3. The planting bed shall be installed asset forth in chapter 114, article IV; and
4. A solid fence may be required upon determination by the planning director.
(e) The following lawfully established nonresidential uses in the Improved Subdivision land use
district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as
permitted uses in the land development regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-2010 LDRs, Section 9-212) and lawfully existed
on such lands on January 4, 1996,which are damaged or destroyed may be permitted to be
redeveloped, make substantial improvements, or be reestablished as an amendment to a major
conditional use, subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail, office, or any combination thereof, of low and medium intensity, of less
than 2,500 square feet of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right-of-
way of U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1;
b. The structure must be located within 200 feet of the centerline of U.S. 1;
c. The commercial retail use does not involve the sale of petroleum products;
d. The commercial retail use does not involve the outside storage or display of goods or
merchandise;
e.
about:blank 5135
5/5/23,9:50 AM Monroe County, FL Land Development Code
There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be
located;
f. The structure in which the commercial retail use is to be located is separated from the
U.S. 1 right-of-way by a class C bufferyard;
g. The structure in which the commercial retail use is to be located is separated from any
existing residential structure by a class C bufferyard;
h. No signage other than one identification sign of no more than four square feet shall be
placed in any yard or on the wall of the structure in which the commercial retail use is to
be located except for the yard or wall that abuts the right-of-way for U.S. 1; and
i. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major
conditional uses allowed in the pre-1996 LDRs for this district,whichever is more
restrictive.
(2) Marinas, provided that:
a. The parcel proposed for development has continuous access to water of depths of at
least four(4)feet below mean sea level at mean low tide;
b. The use does not involve the sale of goods or services other than private clubs, sport
fishing charters, boat dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and no boat or other
equipment is stored on any elevated rack,frame or structure;
d. Vessels docked or stored shall not be used for live-aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid fence,wall or hedge
at least six(6)feet in height; and
f. Each nonwaterside perimeter setback of the parcel proposed for development must have
a class C bufferyard within a side yard setback of ten feet; and
g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major
conditional uses allowed in the pre-1996 LDRs for this district,whichever is more
restrictive.
( Ord. No. 006-2016 . § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020 . § 1, 2-19-2020, eff. 6-4-2020)
about:blank 5136
8/14/23, 10:31 AM Monroe County, FL Land Development Code EXHIBIT 3
Sec. 130-102. - Commercial 1 District(CI).
(a) The following uses are permitted as of right in the Commercial 1 district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of less than 2,500 square feet of floor area;
(2) Commercial recreation uses, limited to:
a. Bowling alleys;
b. Tennis and racquetball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
f. Swimming pools;
(3) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
(4) Public buildings and uses;
(5) Accessory uses;
(6) Collocations on existing antenna-supporting structures, pursuant teection 146-5(c);
(7) Attached wireless communications facilities, as accessory uses, pursuant teection 146-5(d);
(8) Replacement of an existing antenna-supporting structure pursuant teection 146-5(b);
(9) Stealth wireless communications facilities, as accessory uses, pursuant teection 146-5(e);
(10) Satellite earth stations, as accessory uses, pursuant teection 146-5(f); and
(11) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
(b) The following uses are permitted as minor conditional uses in the Commercial 1 district, subject
to the standards and procedures set forth inchapter 11 Q article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of greater than 2,500 but less than 10,000 square feet of floor area, provided
that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
C.
about:blank 5137
8/14/23, 10:31 AM Monroe County, FL Land Development Code
A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;
(2) Commercial retail, restaurant uses, or any combination thereof, of high intensity, and of less
than 2,500 square feet in floor area; provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet;
(3) Parks;
(4) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of greater than two acres;
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a solid fence,wall or hedge
at least six feet in height; and
(5) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and
drive-in theaters, provided that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not shine directly on any
established residential use.
(c) The following uses are permitted as major conditional uses in the Commercial 1 district subject to
the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is
by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet;
(2) Commercial retail, restaurant uses, or any combination thereof, of high intensity, and of
greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
about:blank 5138
8/14/23, 10:31 AM Monroe County, FL Land Development Code
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
400 feet; and
(3) New antenna-supporting structures, pursuant to section 146-5(a).
( Ord. No. 006-2016 . § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020 . § 1, 2-19-2020, eff. 6-4-2020)
about:blank 5139
18, , Y
2 4�
3s hk r a
4 .r
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2024
9
10 AN ORDINANCE AMENDING THE MONROE COUNTY LAND
11 USE DISTRICT ("LUD") MAP FROM IMPROVED SUBDIVISION
12 ("IS") TO COMMERCIAL 1 ("Cl") FOR PROPERTIES LOCATED
13 AT 106309, 106319, 106329, AND 106339 OVERSEAS HIGHWAY,
14 KEY LARGO, LOCATED AT APPROXIMATE MILE MARKER
15 106, CURRENTLY HAVING PROPERTY IDENTIFICATION
16 NUMBERS 00538470-000000, 00538440-000000, 00538450-000000,
17 AND 00538460-000000; AS PROPOSED BY DEL SOL POINT, LLC,
18 A FLORIDA-REGISTERED LIMITED LIABILITY COMPANY;
19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
20 OF CONFLICTING PROVISIONS; PROVIDING FOR
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
22 AND THE SECRETARY OF STATE; PROVIDING FOR
23 AMENDMENT TO THE LAND USE DISTRICT (LUD) MAP;
24 PROVIDING FOR AN EFFECTIVE DATE.
25
26
27 WHEREAS, on April 12, 2023, the Planning & Environmental Resources Department
28 received an application from Del Sol Point, LLC (the"Applicant"), seeking to amend the Monroe
29 County Land Use District ("LUD") Map from Improved Subdivision ("IS") to Commercial 1
30 ("Cl") for property located at 106309, 106319, 106329, and 106339 Overseas Highway in Key
31 Largo (the "property"); and
32
33 WHEREAS, the Applicant has also requested a corresponding Future Land Use Map
34 ("FLUM") amendment for the property from Residential Medium ("RM") to Commercial
35 ("COMM"); and
36
37 WHEREAS, on September 6, 2023, the Applicant held a community meeting, as required
38 by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss
39 the proposed Land Use District Map amendment and the corresponding FLUM amendment, and
40 to provide for public participation; and
41
42 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
43 the proposed map amendments at a regularly scheduled meeting held on September 26, 2023; and
44
45 WHEREAS, on September 26, 2023, the Chair of the DRC signed Resolution Nos. DRC
46 18-23 and DRC 19-23 recommending approval of the proposed amendments to the Land Use
I of 4
5140
I District ("LUD") Map and Future Land Use Map ("FLUM") to the Monroe County Planning
2 Commission and Board of County Commissioners; and
3
4 WHEREAS, at a regularly scheduled meeting held on December 20, 2023, the Monroe
5 County Planning Commission held a public hearing for the purpose of considering the proposed
6 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan,
7 and the proposed LUD map amendment for the site, and provided for public comment; and
8
9 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
10 Resolution No. P48-23 recommending that the Monroe County Board of County Commissioners
11 ("BOCC", "Board", "Monroe County", or the "County") approve the proposed amendment; and
12
13 WHEREAS, at a regularly scheduled meeting held on July 17, 2024, the Monroe County
14 BOCC held a duly noticed public hearing, considered the Department's accompanying
15 professional staff report dated July 2, 2024, prepared by Assistant Director of Planning Cheryl
16 Cioffari, A.LC.P.,1 and through Senior Director Emily Schemper, A.LC.P., C.F.M.,2 and provided
17 for public comment and public participation in accordance with the applicable requirements of law
18 and the procedures adopted for public participation in the planning process; and
19
20 WHEREAS, based upon the documentation submitted and information provided,
21 including but not limited to the documentation and information furnished in the Department's
22 professional staff report, the BOCC hereby makes the following findings of fact:
23
24 1. Prior to the 1986 adoption of the County's current land development regulations and
25 their associated land use district maps,the property was within the BU-1 Light Business
26 zoning district; and
27 2. In 1986, a series of zoning maps, entitled the Land Use District Map,were adopted for
28 all areas of the unincorporated county, and the property was given the zoning
29 designation of Improved Subdivision (IS); and
30 3. The proposed LUD amendment is not anticipated to adversely impact the community
31 character of the surrounding area; and
32 a. As required by Monroe County Land Development Code Section 102-158, the map
33 amendment does not relieve particular hardships, nor confer special privileges or
34 rights on any person, nor permit an adverse change in community character, as
35 analyzed in the Monroe County Year 2030 Comprehensive Plan; and
36 b. As required by Monroe County Land Development Code Section 102-158(d)(7)(b.),
37 the map amendment is needed due to changed projections from those on which the
38 boundary was based; and
39 4. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
40 of the Monroe County Year 2030 Comprehensive Plan; and
41 5. The proposed LUD amendment is consistent with the Principles for Guiding
42 Development for the Florida Keys Area of Critical State Concern codified at Florida
43 Statutes § 380.0552; and
1 American Institute of Certified Planners.
2 Certified Floodplain Manager.
2 of 4
5141
1 6. The proposed LUD amendment is consistent with Part H of Chapter 163, Florida
2 Statutes;
3
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
6
7 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
8 correct and are hereby incorporated as if fully set forth herein.
9
10 Section 2. The above-referenced Monroe County Planning and Environmental Resources
11 Department professional staff report prepared by Assistant Director Cheryl
12 Cioffari, A.LC.P., and through Senior Director Emily Schemper, A.LC.P., C.F.M.,
13 is hereby incorporated as if fully stated herein and the analysis and determinations
14 of fact and law contained therein are hereby accepted and adopted as if fully stated
15 herein.
16
17 Section 3. The Land Use District ("LUD") Map designation of the Land Development Code
18 is amended as follows:
19
20 The property located at 106309, 106319, 106329, and 106339 Overseas Highway
21 in Key Largo are changed from Improved Subdivision (IS) to Commercial 1 (C1)
22 as shown on Exhibit 1., attached hereto and hereby incorporated as if fully stated
23 herein.
24
25 Section 4. Interpretation. The interpretation of this Ordinance and all provisions of the
26 Monroe County Comprehensive Plan, Florida Building Code, Florida Statutes,
27 floodplain management requirements, and Monroe County Codes whose
28 interpretation arises out of, relates to, or is interpreted in connection with this
29 Ordinance shall be liberally construed and enforced in favor of the Monroe County
30 BOCC, and shall be deferred in favor of the Monroe County BOCC, and such
31 interpretation shall be entitled to great weight in adversarial administrative
32 proceedings, at trial, bankruptcy, and on appeal.
33
34 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to
35 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
36 governmental, and any other similar defense, immunity, exemption, or protection
37 against any suit, cause-of-action, demand, or liability.
38
39 Section 6. Severability. If any provision of this Ordinance, or any part or portion thereof is
40 held to be invalid or unenforceable by any administrative hearing officer or court
41 of competent jurisdiction, the invalidity or unenforceability of such provision, or
42 any part or portion thereof, shall neither limit nor impair the operation,
43 enforceability, or validity of any other provision of this Ordinance, or any
44 remaining part(s) or portion(s)thereof. All other provisions of this Ordinance, and
45 remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and
46 effect.
3 of 4
5142
I Section 7. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
2 conflict with this ordinance are hereby repealed to the extent of said conflict.
3
4 Section 8. Transmittal. This Ordinance shall be transmitted by the Director of Planning to the
5 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
6
7 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
8 secretary of the State of Florida but shall not become effective until a notice is
9 issued by the State Land Planning Agency or Administration Commission finding
10 the amendment in compliance, and if challenged, until such challenge is resolved
11 pursuant to Chapter 120, Florida Statutes.
12
13 Section 10. Inclusion on the Monroe County Code's Official Land Use District Map. The
14 provisions of this Ordinance shall be included and incorporated on to the Official
15 Land Use District Map of Monroe County.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on July 17, 2024.
19
20 Mayor Holly Merrill Raschein
21 Mayor Pro Tem James K. Scholl
22 Commissioner Michelle Lincoln
23 Commissioner Craig Cates
24 Commissioner David Rice
25
26 BOARD OF COUNTY COMMISSIONERS
27 OF MONROE COUNTY, FLORIDA:
28
29 By:
30 Mayor Holly Merrill Raschein
31 (SEAL) MONAOF COUNTY ATTORNEY
32 AP E JIOoIFOR
1 7/2/
33 ATTEST: KEVIN MADOK, CLERK 2
34
35
36 AS DEPUTY CLERK
4of4
5143
• I . I - I
f" ry
6 �✓'' � Pd7Ml
02
�//
�.,z
r
left
Existing LUD Proposed LUD
i
/ e
w�
o I„
�� .��, �����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.