Item Q2 Q2
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
December 11, 2024
Agenda Item Number: Q2
2023-1075
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Hearing to Consider the Adoption of an Ordinance Amending the Monroe County Land Use
District (Zoning) Map to Apply the Tavernier Commercial Overlay District, Adopted Pursuant to
BOCC Ordinance No. 004-2024 Approving the Creation of the Tavernier Commercial Overlay District
Under Land Development Code Section 130-143, to Property Located at 92501 Overseas Highway, Key
Largo, Approximate Mile Marker 92.5, Currently Having Property Identification Nos. 00089490-
000000 and 00490250-000000, as Requested by Cemex Construction Materials Florida LLC F/K/A
Singletary Concrete Products, Inc. TIME APPROXIMATE 1:30 P.M.
ITEM BACKGROUND:
Refer to Staff Memorandum for Item Background.
PREVIOUS RELEVANT BOCC ACTION:
Refer to Staff Memorandum for Previous Relevant BOCC Action.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the requested Land Use District(Zoning) Map Amendment sought to
apply the BOCC's adopted Tavernier Commercial Overlay District to the Subject Property.
DOCUMENTATION:
LUD_11A17_Ce ex.pdf
4987
Exhibit I to Ordinance—Map.pdf
2022-053 BOCC Ord 004-2024.pdf
2022-054—BOCC—Ordinance-12.11.2024.pdf
Florida Department of Commerce Final Order COM-24-020 (May 17th, 2024) [Published in Florida
Administrative Register Volume 50,No. 98].pdf
Florida Department of Commerce Amended Final Order COM-24-020 (June 27th, 2024) [Published in
Florida Administrative Register Volume 50,No. 126].pdf
2022-054—BOCC—SR-12.11.2024.pdf
FINANCIAL IMPACT:
N/A
4988
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Exhibit 1 to Ordinance# -2024
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The Monroe County Land Use District is amended
as indicated above.
Land Use District change of two(2)parcels of land in Key Largo having Parcel Identification Numbers
00490250-000000 and 00089490-000000, from Suburban Commercial (SC) N
to Suburban Commercial (SC)with- mier Commei verlay
4990
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
February 16, 2024
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 004-2024 by the Monroe County Board of County
Commissioners approving a text amendment to the Monroe County Land Development Code to
newly create Section 130-143 to create a"Tavernier Key Commercial Overlay District";
including the Purpose and Intent, Boundary, Applicability, NROGO Allocation Standards, and
Maximum Nonresidential and Residential Development Potential; for parcels located at 92501
Overseas Highway, Key Largo, currently having Property Identification Numbers 00089490-
000000 and 00490250-000000, approximately located at mile marker 92.5; as proposed by
Cemex Construction Materials Florida, LLC f/k/a Singletary Concrete Products, Inc.; providing
for severability;providing for repeal of conflicting provisions; providing for transmittal to the
State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe
County Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on February 15, 2024. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
4991
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4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 004 -2024
9
10 AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE
11 MONROE COUNTY LAND DEVELOPMENT CODE TO NEWLY
12 CREATE SECTION 130-143 TO CREATE A "TAVERNIER KEY
13 COMMERCIAL OVERLAY DISTRICT"; INCLUDING THE PURPOSE
14 AND INTENT, BOUNDARY, APPLICABILITY, NROGO ALLOCATION
15 STANDARDS, AND MAXIMUM NONRESIDENTIAL AND
16 RESIDENTIAL DEVELOPMENT POTENTIAL; FOR PARCELS
17 LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO,
18 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS
19 00089490-000000 AND 00490250-000000, APPROXIMATELY LOCATED
20 AT MILE MARKER 92.5;AS PROPOSED BY CEMEX CONSTRUCTION
21 MATERIALS FLORIDA, LLC, F/K/A SINGLETARY CONCRETE
22 PRODUCTS, INC.; PROVIDING FOR SEVERABILITY; PROVIDING
23 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
25 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
26 MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.
27
28 WHEREAS, on or about March 23, 2022, the Monroe County Planning and Environmental
29 Resources Department received an initial application from Singletary Concrete Products Inc. and Cemex
30 Construction Materials LLC ("Applicants") via their retained agent Smith/Hawks P.L. and from The
31 Vestcor Companies Inc. and Blackstone Group - Tavernier 925 LLC ("Developers"), seeking for the
32 Monroe County Board of County Commissioners ("BOCC", "Monroe County", "Board", or the
33 "County") to approve the creation of a Tavernier Key Commercial Overlay District ("Commercial
34 Overlay", "Tavernier Commercial Overlay", or "Commercial Overlay District") by approving the
35 creation of Land Development Code ("LDC") Section 130-143, including the purpose and intent,
36 boundary, applicability, NROGO allocation standards, and maximum nonresidential and residential
37 development potential for two (2) parcels of land located at 92501 Overseas Highway, Key Largo,
38 currently bearing property identification numbers 00089490-000000 and 00490250-000000 ("subject
39 property" or the"property"); and
40
41 WHEREAS, a corresponding land use district map amendment for the property to apply said
42 Commercial Overlay District was submitted' and is currently being reviewed by the Monroe County
43 Planning and Environmental Resources Department("Department"); and
44
45 WHEREAS, the proposed text previously received, reviewed and considered was changed
46 (revised)by the Applicant by resubmittal by the Applicant on or about January 19, 2024; and
'Monroe County Planning and Environmental Resources Department File No.2022-054.
1 of 8
4992
I WHEREAS, an amended and restated text amendment application was received on November
2 20, 2023 (the "amended application" or"application")2; and
3 WHEREAS, the subject property is located within the boundary of the Tavernier Livable
4 CommuniKeys Master Plan, a Master Plan for Tavernier Creek Bridge to Mile Marker 97, (the"Monroe
5 County LCP" or"LCP"); and
6 WHEREAS, the subject property is located within the Tavernier Creek to Mile Marker 97 U.S.
7 Highway 1 Corridor District Overlay("TC")as identified in the adopted Tavernier Creek to Mile Marker
8 97 U.S. Highway 1 Corridor Development Standards and Guidelines ("Monroe County Corridor
9 Development Guidelines" or"Corridor Development Guidelines"); and
10 WHEREAS, the adopted Monroe County Corridor Development Guidelines establish that this
11 property is located in the "Suburban Zone" of the adopted Corridor Development Guidelines; and
12 WHEREAS, the "Suburban Zone" of the established Corridor Development Guidelines is
13 characterized by intermittent occurrences of open space, residential development of diverse densities,
14 and industrial and general commercial uses following a pattern similar to that found in the mainland
15 suburbs; and
16
17 WHEREAS,the vision for this established corridor allows the individual zones to maintain their
18 distinctive characteristics, yet, encourages a unified image of the corridor as a whole, where landscape
19 and the built environment share common elements; and
20
21 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the
22 proposed text amendment at a regularly scheduled meeting held on October 25, 2022; and
23 WHEREAS, on November 14th, 2022, the Chair of the DRC signed Development Review
24 Committee Resolution No. DRC 13-22 recommending that the Monroe County Planning Commission
25 and Monroe County Board of County Commissioners DENY said amendment to the Monroe County
26 Land Development Code to create this Commercial Overlay District by newly creating Land
27 Development Code Section 130-143; and
28 WHEREAS, the Monroe County Planning and Environmental Resources Department's
29 professional staff report prepared for the Monroe County Planning Commission hearing dated April 13,
30 2023, completed by Assistant Director of Planning Cheryl Cioffari, A.LC.P., and Principal Planner
31 Devin Tolpin, A.LC.P., C.F.M., likewise recommends DENIAL of said amendment; and
32 WHEREAS,the Monroe County Planning Commission("Planning Commission")held a public
33 hearing on April 28, 2023, to review and consider said amendment; and
34 WHEREAS, on April 28, 2023, the Monroe County Planning Commission issued Planning
35 Commission Resolution No. P16-23 recommending that the Monroe County Board of County
36 Commissioners DENY said amendment; and
37
2 Monroe County Planning and Environmental Resources Department File No.2022-053.
2of8
4993
I WHEREAS, following the public meeting of the Monroe County Development Review
2 Committee, following the public hearing of the Monroe County Planning Commission, and following
3 the DRC's and the Planning Commission's recommendations that the Monroe County Board of County
4 Commissioners DENY the proposed amendment, the Applicant then submitted a revised proposed text
5 amendment to the Planning and Environmental Resources Department on or about January 19th 2024,
6 for the Board of County Commissioners to consider; and
7
8 WHEREAS, the Monroe County Planning and Environmental Resources Department's
9 professional staff report dated January 23, 2024,prepared for the Monroe County BOCC's special public
10 hearing dated February 15, 2024, completed by Assistant Director of Planning Cheryl Cioffari,A.LC.P.,
11 and Planning and Development Review Manager Devin Tolpin, A.LC.P., C.F.M., recommends that the
12 Monroe County BOCC DENY this proposed text amendment to the Monroe County Land Development
13 Code to create this Commercial Overlay District by newly creating Code Section 130-143; and
14
15 WHEREAS, at a duly noticed special public hearing dated February 15, 2024, the Monroe
16 County Board of County Commissioners considered the foregoing and the Department's most recent
17 professional staff report recommending that the Monroe County BOCC DENY this proposed text
18 amendment to the Monroe County Land Development Code to create this Commercial Overlay District
19 by newly creating Code Section 130-143, and provided for public comment and public participation in
20 accordance with the requirements of state and local law; and
21
22 WHEREAS, based upon the documentation submitted and information provided, including but
23 not limited to the documentation and information furnished in the foregoing Monroe County Planning
24 and Environmental Resources Department's professional staff reports, the Monroe County Board of
25 County Commissioners hereby enters the following findings of fact and conclusions of law:
26
27 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
28 County Year 2030 Comprehensive Plan; and
29 2. The proposed amendment is consistent with the Principles for Guiding Development for the
30 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; and
31 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and
32 4. The subject proposed amendmentwill not result in an adverse change in community character
33 to the sub-area which a proposed amendment affects or to any area in accordance with the
34 Tavernier Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and
35 5. The proposed amendment is a necessary adjustment in light of recognition of a need for
36 additional detail or comprehensiveness, incorrect determinations or assumptions or changed
37 conditions as required to approve a change to the text of the Monroe County Land
38 Development Code in accordance with Monroe County Land Development Code Section
39 102-158.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
43
44 Section 1. Recitals and Legislative Intent. The foregoing recitals and determinations, including
45 but not limited this Ordinance's title, are true and correct, and are hereby incorporated as
46 if fully stated herein.
47
3 of 8
4994
I Section 2. The above Monroe County Planning and Environmental Resources Department
2 professional staff reports prepared by Assistant Director of Planning Cheryl Cioffari,
3 A.LC.P., and Planning and Development Review Manager/Principal Planner Devin
4 Tolpin, A.LC.P., C.F.M., are hereby incorporated as if fully stated herein and their
5 analysis and determinations of fact and law to the extent not plainly inconsistent with this
6 Ordinance are hereby accepted and adopted as if fully stated herein.
7
8 Section 3. The text of the Monroe County Land Development Code is hereby amended as follows
9 (changes (additions) are shown below via the below underlined text):
10
11 *****
12
14 Section 130-143. Tavernier Commercial Overlay District
15 (a) Purpose and Intent. The purpose of the Tavernier Commercial Overlay District is to implement
16 applicable goals, objectives, and policies of the Comprehensive Plan and to allow larger-scale
17 nonresidential development in a scarified area of the Upper Keys that primarily serves the needs
18 of permanent residents of the Upper Keys. The intent is to provide accessible nonresidential uses
20 to permanent residents of the Upper Keys, while maintaining the character of Tavernier.
21 (b) Boundary. The Tavernier Commercial Overlay District shall be shown as an overlay district on
22 the Official Land Use District map. The Tavernier Commercial Overlay District shall be shown
23 as the boundary of the parcels with Monroe County Parcel ID numbers 00490250-000000 and
24 00089490-000000, and depicted in the map below:
25
4of8
4995
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OLEANDER era N
Prey (Largo
Approx.4 MIM 92.5 :. ..
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II
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00089490-000000
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° 00490250-000000
3 (c) Applicability. Development within the Tavernier Commercial Overlay District shall be
5 subject to the following standards:
6 1. An amendment to the Official Land Use District Map is required and such overlay shall be
7 shown on the Official Land Use District Map.
8 2. The development of a single nonresidential structure that contains more than 10,000 square
9 feet within the Overlay District shall be subject to the terms and conditions of an approved
10 Development Agreement as defined in sections 110-132, 110-133, and must include:
11 a. Provisions for the development of 86 workforce housing dwelling units on site. The
12 distribution of said workforce housing units (low, very low, median and moderate)
13 provided on site shall be memorialized and provided for in the Development Agreement,
14 and
15 b. Preferred leasing standards for essential workers of the workforce units, and
16 c. An approved site plan that includes the following in addition to all site requirements in
17 accordance with the Land Development Code:
18 i. A pedestrian walkway connecting the nonresidential parking area to the right of
19 way known as Orange Blossom Road. Required lighting for the pedestrian
20 walkway must be in compliance with Chapter 114, Article VI.
21 ii. If outdoor lighting is proposed, in addition to all requirements of Chapter 114,
22 Article VI, such lightingdesigned shall be desigshall be designed and located such that the maximum
23 illumination measured in footcandles at any exterior property line adjacent to
24 residential uses, not included in this overlay, shall not exceed zero (0) for cutoff
25 and noncutoff lights,with the exception of the pedestrian walkway or any lighting
26 required for life safety, as provided by Monroe County.
5of8
4996
I d. A traffic safety analysis completed as part of the required Traffic Study.
2
3 3. All property lines adjacent to U.S. 1 shall provide a Class E Scenic Corridor Buffer.
4 4. All development shall be permitted in accordance with the permitted and conditional use
5 requirements of Chapter 130, Article III, Permitted and Conditional Uses.
6 5. Industrial uses are not permitted within the Overlay. Notwithstanding the preceding sentence,
7 industrial uses determined to be lawfully nonconforming existing uses within the Overlay are
8 permitted to remain, and operate, until such time as a building�permit is issued for the
10 nonresidential structure of more than 10,000 square feet.
11 (d) Maximum Development Potential.
12 1. There shall be no allocated or maximum net density standard available for residential market-
13 rate or transient dwelling_ units.
14 2. The Tavernier Commercial Overlay District shall be limited to a maximum total development
15 potential of:
16 a. 49,900 square feet of nonresidential floor area, and
17 b. Eighty-six (86) deed restricted workforce housing dwelling units, and
19 c. Accessory uses and structures.
20 (e) NROGO Allocations. Notwithstanding Section 138-51, the Tavernier Commercial Overlay
21 District shall have the following NROGO allocation standards provided that the criteria set forth
22 in subsections (f), (g) and (h) are satisfied:
23 1. Maximum allocation of nonresidential floor area. The amount of nonresidential floor area
24 to be allocated or transferred to the Tavernier Commercial Overlay District shall be limited
25 to a maximum of 49,900 square feet.
26 2. Maximum floor area per structure. A single nonresidential principal structure within the
27 Tavernier Commercial Overlay District shall be permitted to receive an allocation that
28 expands the structure to more than 10,000 square feet, but not to exceed a maximum of
29 30 49,900 square feet of nonresidential floor area.
31 (f) No building permit shall be issued for a structure receiving an NROGO Allocation or transfer
32 that would expand a nonresidential structure within the Overlay to more than 10,000 square feet
33 unless and until building permits for all 86 workforce housing units have been issued.
35 (g) All new residential units developed within the Overlay shall be subject to the ROGO permit
36 allocation system or transfer of ROGO exemptions of existing lawfully established permanent
37 market rate or affordable dwelling units that have less than five years remaining on the required
39 deed restriction pursuant to Section 138-22(b)(4)b.
40 (h) Prior to the issuance of a Certificate of Occupancy for a nonresidential structure that is more
42 than 10,000 square feet:
43 1. At least 50%(43)of the required 86 workforce housing units must have received a Temporary
44 Certificate of Occupancy; and
45 2. All required 86 workforce housing units must have received approved foundation
46 inspections.
47
48 (i) All other provisions of the Comprehensive Plan, Tavernier Livable Communikeys Plan, the
49 Tavernier Creek to Mile Marker 97 US Highway Corridor Development Standards and
50 Guidelines and the Land Development Code aply unless expressly exempted herein.
51
52 *****
6of8
4997
1
2 Section 4. Interpretation and Construction.On the basis that laws, decisions, and determinations
3 issued and/or approved pursuant to or made in accordance with Florida Statutes Chapter
4 163 and Chapter 380 and the Monroe County Land Development Code and
5 Comprehensive Plan are not in derogation of the common law, the ordinance approved
6 herewith shall not be interpreted or construed by any administrative tribunal or court of
competent jurisdiction as in derogation of the common law.
9 Section 5. Non-Reliance by Third-Parties /Non-Reliance by Third-Parties to Enforce Third-
10 Party Claims or Benefits. No third-party natural or legal person(s) shall be entitled to
11 rely upon or utilize any term or provision of this Ordinance to enforce or to attempt to
12 enforce any third-party claim(s) or entitlement(s) to or benefit(s) from any provision of
13 this Ordinance.
15 Section 6. Severability. If any provision of this Ordinance,or any part or portion thereof,is held to
16 be invalid or unenforceable by any administrative hearing officer or court of competent
17 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
18 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other
19 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other
20 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue
32 unimpaired in full force and effect.
23 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are
24 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
25 repeal the repealing clause of such ordinance or revive any ordinance which has been
39 repealed thereby.
28 Section 8. Transmittal.This Ordinance shall be transmitted to the Florida state land planning
Bagency pursuant to Chapters 163 and 380, Florida Statutes.
31 Section 9. Filins and Effective Date.This Ordinance shall be filed in the Office of the Secretary
32 of State of Florida,but shall not become effective until a notice is issued by the Florida
33 state land planning agency("Florida Commerce") or Administration Commission
34 finding the amendment in compliance with Chapter 163, Florida Statutes, and if
35 challenged until such challenge is resolved.
37 Section 10. Effective Date. This Ordinance shall become effective as provided by law and stated
334 above.
40 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
11 at a special public meeting held on the 15th day of February , 2024.
43 Mayor Holly Merrill Raschein Yes
44 Mayor Pro Tern James K. Scholl Yes
45 Commissioner Craig Cates No
46 Commissioner Michelle Lincoln Yes
4, Commissioner David Rice Yes
50 E _ BOARD OF COUNTY COMMISSIONERS
51 - cc ` :' OF MONROE COUNTY, FLORIDA
52cn
53 --? < By: ------=
54 # MAYOR HOLLY MERRILL RASCHEIN
7of8
4998
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KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3917676
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,January 27,2024
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 29th day of January 2024
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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NOTICE OF SUPPLEMENTAL REGULAR UTILITY BOARD MEETING
BUDGET HEARING
wry
Oo D gyc� �u. A REGULAR MEETING OF THE UTILITY BOARD OF
THE CITY OF KEY WEST,FLORIDA,WILL BE HELD
ON WEDNESDAY,JANUARY 31,2024,AT 5:00 P.M.
IN THE KEYS ENERGY SERVICES BOARD ROOM,
p I LOCATED AT 1001 JAM ES STREET.
THE MEETING IS OPEN TO THE PUBLIC.
KAi or1..o 5/90?04000 ,11111..0
T"til ,xe9,sea.00 MSa',,wo.00 I.I.1111a.o0
MONROE COUNTY BOARD OF COUNTY
""n2� COMMISSIONERS
,4 PAID
NOTICE OF PUBLIC MEETING AND NOTICE OF
PUBLIC HEARING
rea NOTICE OF CHANGE TO MONROE COUNTY LAND
DEVELOPMENT CODE
FEBRUARY15,2024
NOTICE IS HEREBY GIVEN IM1at on TM1ursdaY.February 15,2024,th.Monroe
sway County Boats of County�mm�ionerawill Ia Speckl pubic Hering,
eaoae Y/o beginning et 10:00 AM.TM1e 80CC mceting will H Htl in M1Ybr'rJ former,
allowing th.public I.attend eu.,sin Zoom Webinar or in person.TM1e
rtopery Si5 in-pemn mcering will HHtlat th.M.,.y Nekon Goernmem Cenkr,
050o awry ro" locetetl et 102150 Osers.s HigM1way,Key Largo,FL.TM1e bi—I,g item will
1111:114Ssp1.4 111 H considered at th.PUBLIC HEARING:
R�'n1O6 8 PUBLIC HEARINGS:10D0 AM(or®soon rHreaXer as may H M1eeMl:
ep en. o5x oo 14 IGIIIII
00o AN ORDINANCE BY THE MONROE COUNTY 80ARD OF COUNTY
"p gaozoo oo COMMISSIONERS ESTABLISHING MONROE COUNTY LAND DEVELOPMENT
POZ�Sno 45 POZ�Sno CODE SECTION 1301 H3TAVERNIER QTMMERCIAL OVERLAY QGO DISTRICT;
h,c� ESTABLISHING PURPOSE AND INTENT ROU NDARY,APPLICABILITY,NROGO
ALLOCATION STANDARDS,AS OF RI OFF AND CONDITIONAL USES,AND
p �®t MAXIMUM NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT POTENTIAL
FOR PROPERTIES LOCATEDAT 92501 OVERSEAS HIGHWAY,KEY LARGO,
e 11493 APPROXIMATELY MILE MARKER 925,CURRENTLY HAVING PARCEL
IDENTIFICATION NUMBERS 00089490 000000 AND 00490250 000000,AS
PROPOSED BY CEMEX CONSTRUCTION MATERIALS FLORIDµ LLC F/KA,
n"" SINGLETARY CONCRETE PRODUCTS INC;PROVIDING FOR SEVERABILITY
tan"" voflZS�oo PROVIDING FOR REPEAL CONFLICTING PROVIDING
FOR TRANSMITTALTO THE STATE LAND PLANNING AGENCYAND THE
SECRETARY OF STATE',PROVIDING FOR INCLUSION IN THE MONROE
045 COUNTY CODE',PROVIDING FOR AN EFFECTIVE DATE.(FILE 2022-OFG
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NOTICE OF PUBLIC HEARING ON NOTICE OF PUBLIC HEARING ON
PROPOSED ORDINANCE PROPOSED ORDINANCE
The City Commission of the Cityof Key West,Florida,will consider The City Commission of the City of Key West,Florida,will consider the
the following Ordinance for First Reading at a meeting and public following Ordinance for First Reading at a meeting and public hearing to
be held at 5:00 PM or as soon thereafter as the matter may be heard,on
hearing to be held at 5:00 PM or as soon thereafter as the matter
February 8,2024 at City Hall,1300 White Street.The hearing for this item
may be heard,on February 8,2024 at City Hall,1300 White Street. may be continued to a date certain as required by the City Commission.
The hearing for this item may be continued to a date certain as
required by the City Commission. ORDINANCE NO.
ORDINANCENO. An Ordinance of the City of Key West,Florida,to amend Chapter 86
of the Land Development Regulations entitled"General Provisions';
An Ordinance of the City of Key West, Florida, to amend Section 56-9 entitled "Definition of terms"; Chapter 108 entitled
Chapter 122 of the Land Development Regulations,entitled "Planning and Development, Article VI entitled "Landscaping';
"Zoning", Article V entitled "Supplementary District Division 3 entitled"Regulations generally';Section 108-452 entitled
Regulations,Division 3 entitled"Area Requirements",Section "Required sight distances for landscaping adjacent to public rights-of-
way and points of access";Chapter 114 entitled"Signs';Article II entitled
"Regulations",Division 4 entitled"Certain boulevards",Section 114-136
Uses"to allow waterbodies to be considered pervious;Pursuant entitled"Definitions"and Section 114-137 entitled"Boulevard safety
to Chapter 9,Article VI,Division 2 of the Land Development zone";Chapter 122 entitled"Zoning",Article V entitled"Supplementary
Regulations of the Code of Ordinances of the City of Key West, district regulations';Division 4 entitled Accessory uses and structures';
Florida; Providing for severability; Providing for repeal of Section 122-1183 entitled"Walls and fences"and Division S entitled
inconsistent provisions;Providing for an effective date. "Land restrictions';section 122-1406 entitled"Obstructionsto visibility"
to require the height of any structure to be measured from the crown
This proposed ordinance may be read in its entirety by requesting of road; Pursuant to Chapter 90,Article VI,Division 2 of the Land
a copy from the City Clerk's Office by either phoning 305-809- Development Regulations of the Code of Ordinances of the City of
3832 to request a copy or emailing Clerk@cityofkeywest-fl.gov.A Key West,Florida;Providing for severability;Providing for repeal of
full copy will also be published with the February 8,2024 agenda inconsistent provisions;Providingfor an effective date.
at www.cityofkeywest-flgov. Any interested party who wishes to
speak on this ordinance should contact the City Clerks Office prior from
proposed ordinance maybe read in its ing 305ety 8 requesting a copy
from the City Clerks Office by either phoning 305-809-3832 to request
to the meeting. a copy or entailing Clerk@cityofkeywest-fl.gov. A frill copy will also be
published with the February 8,2024 agenda at wwwcityofkeywest-flgov.
Pursuant to F.S.286.0105,notice is given that if a person decides to Any interested party who wishes to speak on this ordinance should contact
appeal any decision made by the Commission with respect to any the City Clerks Office prior to the meeting.
matter considered at such meeting or hearing,that person will need
a record of the proceedings,and that,for such purpose,that person Pursuant to F.S.286.0105,notice is given that if a person decides to appeal
may need to ensure that a verbatim record of the proceedings is any decision madeby the Commission withrespect to anymatter considered
made,which record includes the testimony and evidence upon at suchmeetingor hearing,that person will need arecord oftheproceedings,
which the appeal is to be based. and that,for such purpose,that person may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and
ADA ASSISTANCE:It is the policy of the City of Key West to evidenceupon whichthe appeal istobebased
comply with all requirements of the Americans with Disabilities ADA ASSISTANCE:his the policy of the City of Key West to comply with
Act(ADA). Please call the TTY number at 1-800-955-8771 or for all requirements of the Americans with Disabilities Act(ADA). Please call
voice 1-800-955-8770 or the ADA Coordinator at 305-809-3811 at the TTY number at 1-800-955-8771 or for voice 1-800-955-8770 or the ADA
least five business days in advance for sign language interpreters, Coordinator at 305-809-3811 at least five business days in advance for sign
assistive listening devices,or materials in accessible format. language interpreters,assisflve listening devices,or materials in accessible
format.
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5 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2024
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS(BOCC)ADOPTING AN AMENDMENT TO THE MONROE
12 COUNTY LAND USE DISTRICT (ZONING) MAP TO APPLY THE
13 TAVERNIER COMMERCIAL OVERLAY DISTRICT ADOPTED PURSUANT
14 TO BOCC ORDINANCE NO. 004-2024 TO PROPERTIES LOCATED AT 92501
15 OVERSEAS HIGHWAY, KEY LARGO, LOCATED AT MILE MARKER 92.5,
16 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 00089490-
17 000000 AND 00490250-000000, AS REQUESTED BY CEMEX CONSTRUCTION
18 MATERIALS FLORIDA LLC F/K/A SINGLETARY CONCRETE PRODUCTS
19 INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
20 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
21 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
22 PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT MAP;
23 PROVIDING FOR AN EFFECTIVE DATE.'
24
25
26 WHEREAS, on March 23rd, 2022, the Monroe County Planning and Environmental Resources
27 Department("Department")received the initial application from Smith-Hawks P.L. (the"Agent")as the
28 authorized agent for Singletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC
29 (the "Property Owners" and "Applicants") and The Vestcor Companies, Inc. and Blackstone Group —
30 Tavernier 925, LLC(the"Developers")to amend the Monroe County Land Use District("Zoning")Map
31 to apply the Tavernier Commercial Overlay District to properties located at 92501 Overseas Highway,
32 Key Largo, Monroe County, Florida, located at mile marker 92.5, currently having property
33 identification numbers 00490250-000000 and 00089490-000000 (the"Property"); and
34
35 WHEREAS, the Applicants had also requested a corresponding Monroe County Land
36 Development Code text amendment to establish the Tavernier Commercial Overlay District (the
37 "Overlay"); and
38
39 WHEREAS,an amended and restated application was received by the Department on November
40 20th, 2023 (the "Application");2 and
41
42 WHEREAS,the Property is within the boundary of the Tavernier Livable CommuniKeys Master
43 Plan, a Master Plan for Tavernier Creek Bridge to Mile Marker 97 (the "Tavernier LCP"); and
44
45 WHEREAS, the Property is within the adopted Tavernier Creek to Mile Marker 97 U.S.
46 Highway 1 Corridor District Overlay("TC")as identified in the adopted Tavernier Creek to Mile Marker
47 97 U.S. Highway 1 Corridor Development Standards and Guidelines (the adopted "Corridor
48 Development Guidelines"); and
'Monroe County Planning and Environmental Resources Department File No.2022-054.
2 Id.
5 of 5
5002
I WHEREAS, the Property is designated part of the Suburban Zone adopted and imposed by the
2 Corridor Development Guidelines; and
3
4 WHEREAS, the adopted and imposed Suburban Zone is characterized by intermittent
5 occurrences of open space, residential development of diverse densities, and industrial and general
6 commercial uses following a pattern similar to that found in the mainland suburbs; and
7
8 WHEREAS, the vision for the corridor allows the individual zones to maintain their distinctive
9 characteristics, yet, encourages a unified image of the corridor as a whole,where landscape and the built
10 environment share common elements; and
11
12 WHEREAS, on August 18th, 2022 and January 5th, 2023, the Applicant held community
13 meetings as required by Monroe County Land Development Code ("Code") Sections 102-158(a) and
14 102-159(b), to discuss the proposed Land Use District ("Zoning" or "LUD") Map amendment and the
15 corresponding proposed Code text amendment and to provide for public participation; and
16
17 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the
18 proposed map and text amendments at a regularly scheduled meeting held on the 25th day of October,
19 2022; and
20 WHEREAS, on November 14th, 2022,the Chair of the DRC signed Resolution No. DRC 14-22,
21 recommending DENIAL of the proposed amendment to the Land Use District Map to the Monroe
22 County Planning Commission and Board of County Commissioners;
23 WHEREAS,the Monroe County Planning Commission("Planning Commission")held a public
24 hearing on the 28th day of April, 2023, for review and recommendation on the proposed amendment to
25 the Land Use District map and amendment to the Land Development Code; and
26 WHEREAS, on April 28th, 2023, the Planning Commission adopted Resolution No. P17-23,
27 recommending DENIAL of the proposed amendment to the Land Development Code establishing
28 Section 130-143 to the Monroe County Board of County Commissioners, and accordingly a
29 corresponding resolution specific to the Map Amendment(to apply the Overlay to the Property)was not
30 adopted in view of said recommendation to deny the establishment of the Overlay; and
31
32 WHEREAS, on February 15th, 2024, the Monroe County Board of County Commissioners
33 approved BOCC Ordinance No. 004-2024 which adopted the corresponding Monroe County Land
34 Development Code("LDC")text amendment to newly create LDC Section 130-143 in order to establish
35 a"Tavernier Commercial Overlay District" including purpose and intent, NROGO allocation standards,
36 applicability, boundary, and maximum development potential for those certain properties located at
37 92501 Overseas Highway, Key Largo, currently having Monroe County Property Appraiser's Office
38 Property ID Nos. 0089490-000000 and 00490250-000000; and
39
40 WHEREAS, on May 17th, 2024, the State of Florida via the Florida Department of Commerce
41 issued Commerce Final Order No. COM-24-020 REJECTING the BOCC's Land Development Code
42 text amendment that the Board adopted under Ordinance No. 004-2024 based upon the State's
43 determinations that Ordinance No. 004-2024 was:
44
3 Monroe County Planning and Environmental Resources Department File No.2022-053.
5 of 5
5003
1 (1) Inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical
2 State Concern;
3
4 (2) Inconsistent with the adopted Monroe County Comprehensive Plan and Tavernier Livable
5 CommuniKeys Plan (the adopted"Tavernier LCP"); and
6
7 (3) Inconsistent and fails to comply with the adopted Monroe County Land Development Code.
8
9 WHEREAS, later, on June 271h, 2024, the State of Florida via the Florida Department of
10 Commerce then issued Commerce Amended Final Order No. COM-24-020 APPROVING
11 previously rejected Ordinance No. 004-2024; and
12
13 WHEREAS, the November 18th, 2024-dated staff report prepared by and from Planning and
14 Development Review Manager Devin Tolpin recommends APPROVAL of this proposed amendment
15 to the Land Use District("Zoning") Map; and
16
17 WHEREAS, at a regularly scheduled public meeting held on December 11, 2024, the Monroe
18 County Board of County Commissioners ("BOCC", "Board",Monroe County", or the"County") held a
19 duly noticed public hearing, considered the recommendation accompanying this proposed amendment
20 to the Land Use District map, and provided for public comment and public participation in accordance
21 with the requirements of state and local law and the procedures adopted for public participation in the
22 planning process; and
23
24 WHEREAS, based upon the documentation submitted and information provided, the BOCC
25 hereby makes the following findings of fact:
26
27 1. The proposed LUD amendment is not anticipated to adversely impact the community
28 character of the surrounding area;
29 a. As required by Monroe County Land Development Code Section 102-158, the map
30 amendment does not relieve particular hardships, nor confer special privileges or rights
31 on any person, nor permit an adverse change in community character, as analyzed in the
32 Monroe County Year 2030 Comprehensive Plan;
33 b. As required by Monroe County Land Development Code Section 102-158(d)(7)(b.), the
34 map amendment is needed due to recognition of a need for additional detail or
35 comprehensiveness; and
36 2. The proposed LUD amendment is consistent with the Goals, Objectives and Policies of the
37 Monroe County Year 2030 Comprehensive Plan;
38 3. The proposed LUD amendment is consistent with the Principles for Guiding Development
39 for the Florida Keys Area, Section 380.0552(7), Florida Statutes; and
40 4. The proposed LUD amendment is consistent with Part II of Chapter 163, Florida Statutes.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
45 Section 1. Recitals. The foregoing recitals, including but not limited this Ordinance's title, are true
46 and correct, and are hereby incorporated as if fully stated herein.
47
48 Section 2. The Monroe County Land Use District("Zoning") map is hereby amended as follows:
5 of 5
5004
1
2 The property located at 92501 Overseas Highway, Key Largo, Monroe County, Florida,
3 located at mile marker 92.5,currently having Monroe County Property Appraiser's Office
4 Parcel ID Nos. 00490250-000000 and 00089490-000000 shall be designated as the
5 Tavernier Commercial Overlay District as delineated on Exhibit 1. attached hereto and
6 hereby incorporated as if fully stated herein.
7
8 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to have
9 waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
10 governmental, and any other similar defense, immunity, exemption, or protection against
11 any suit, cause-of-action, demand, or liability.
12
13 Section 4. Rule of Construction and Interpretation. On the basis that laws, decisions, and
14 determinations issued and/or approved pursuant to or made in accordance with Florida
15 Statutes Chapter 163 and/or Chapter 380 and/or the Monroe County Land Development
16 Code and Comprehensive Plan are not in derogation of the common law, the ordinance
17 approved herewith shall not be interpreted or construed by any administrative tribunal or
18 court of competent jurisdiction as in derogation of the common law.
19
20 Section 5. Non-Reliance by Third Parties / Non-Reliance by Third-Parties to Enforce Third-
21 Party Claims or Benefits. No third-parry natural or legal person(s) shall be entitled to
22 rely upon or utilize any term or provision of this Ordinance to enforce or to attempt to
23 enforce any third-parry claim(s) or entitlement(s) to or benefit(s) from any provision of
24 this Ordinance.
25
26 Section 6. Severability. If any provision of this Ordinance, or any part or portion thereof, is held to
27 be invalid or unenforceable by any administrative hearing officer or court of competent
28 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
29 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other
30 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other
31 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue
32 unimpaired in full force and effect.
33
34 Section 7. Transmittal. This Ordinance shall be transmitted to the Florida State Land Planning
35 Agency pursuant to Chapters 163 and 380, Florida Statutes.
36
37 Section 8. Filing. This Ordinance shall be filed in the Office of the Secretary of State of Florida,
38 but shall not become effective until a notice is issued by the Florida State Land
39 Planning Agency and/or Administration Commission finding the amendment in
40 compliance with Chapter 163, Florida Statutes, and, if challenged, shall not become
41 effective until such challenge is fully and finally resolved.
42
43 Section 9. Inclusion on the Monroe County Code's Official Land Use District May. The
44 provisions of this Ordinance shall be included and incorporated on to the Official Land
45 Use District Map of Monroe County.
46
47 Section 10. Effective Date. This Ordinance shall become effective as provided by law and stated
48 above.
5 of 5
5005
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the 1 lth day of December , 2024.
3
4 Mayor James K. Scholl
5 Mayor Pro Tem Michelle Lincoln
6 Commissioner Craig Cates
7 Commissioner David Rice
9 Commissioner Holly Merrill Raschein
10
11 BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
13
14 By:
15 MAYOR JAMES K. SCHOLL
16
17 (SEAL)
18
19 ATTEST: KEVIN MADOK, CLERK
20
21
22 By:
23 AS DEPUTY CLERK
MON110,CCTY ATTC0'RNEY
r„ ..UINTO�¢ORM
5 of 5
5006
Miscellaneous
DEPARTMENT OF COMMERCE
Division of Community Development
Commerce Final Order No. COM-24-020
FINAL ORDER
REJECTING MONROE COUNTY ORDINANCE NO. 04-2024
The Florida Department of Commerce ("Department") hereby issues its Final Order,pursuant to sections 380.05(6)
and 380.0552(9), Florida Statutes, rejecting the land development regulations adopted by Monroe County, Florida
(the"County"),Ordinance No. 04-2024(the"Ordinance").
FINDINGS OF FACT
1.The Florida Keys Area is designated by Section 380.0552,Florida Statutes,as an area of critical state concern.
2.The County is a local government within the Florida Keys Area.
3.The Ordinance was adopted by the County on February 15,2024.
4.The Ordinance amends the County Land Development Code ("Code")to establish a new overlay commercial land
use district,the Tavernier Key Commercial Overlay District("TKCOD"),which applies to 19.3 acres of property.
5.The Ordinance sets forth the boundary,maximum development potential, and Rate of Growth Ordinance (ROGO)
allocation standards for residential and nonresidential development within the TKCOD.
6.The TKCOD development standards exceed those applicable to the Tavernier community under the Monroe
County Comprehensive Plan,specifically those provided by the Livable CommuniKeys Master Plan for Tavernier
Creek to Mile Marker 97 ("Tavernier LCP") and the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor
District Overlay(TC)Development Standards and Guidelines("U.S. 1 Guidelines").
7.By establishing the TKCOD, the Ordinance improperly creates an overlay district to exempt the subject property
from the development standards applicable to other properties within Tavernier in a manner that is inconsistent
with the Monroe County Comprehensive Plan and fails to maintain the community's character.
CONCLUSIONS OF LAW
8.The Department is required to approve or reject land development regulations that are adopted by any local
government in an area of critical state concern. See §§ 380.05(6)and 380.0552(9),Fla Stat.
9."Land development regulations" include local zoning, subdivision,building, and other regulations controlling the
development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development
regulations.
10.The Ordinance is inconsistent with the Monroe County Comprehensive Plan generally, as required by Section
163.3177(l), Florida Statutes. Specifically, the Ordinance is inconsistent with Policies 101.5.6, 101.19.1,
101.19.2, 105.1.2,and 105.1.3.
1l.All land development regulations enacted, amended,or rescinded within an area of critical state concern must be
consistent with the principles for guiding development for that area. §§380.05(6)and 380.0552(9),Fla Stat.
12.The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in
Section 380.0552(7),Florida Statutes.
13.The Ordinance is inconsistent with the Principles for Guiding Development as a whole, and specifically fails to
comply with the following:
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation;
(d) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys; and
(g)Protecting the historical heritage of the Florida Keys.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 04-2024 is
inconsistent with the Monroe County Comprehensive Plan and the Principles for Guiding Development for the
Florida Keys Area of Critical State Concern and is hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative Register, unless a petition is
timely filed as described in the Notice of Administrative Rights below.
5007
DONE AND ORDERED in Tallahassee,Florida.
/s/Kate Doyle , Kate Doyle, Assistant Deputy Secretary, Division of Community Development, Florida
Department of Commerce
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE
OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA
STATUTES,BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMERCE
WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK, FLORIDA DEPARTMENT OF COMMERCE, OFFICE OF THE GENERAL COUNSEL, 107
EAST MADISON ST., MSC 110, TALLAHASSEE, FLORIDA 32399-4128, FAX (850)921-3230,
AGENCY.CLERK@COMMERCE.FL.GOV
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT FILE A PETITION
WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA
ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION, REFER TO RULES
28-106.104(2),28-106.201(2),AND 28-106.301,FLORIDA ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE PETITION,A HEARING
WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS 120.569 AND 120.57(1),FLORIDA STATUTES,
OR SECTIONS 120.569 AND 120.57(2),FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV, FLORIDA
ADMINISTRATIVE CODE,YOU ARE NOTIFIED THAT MEDIATION IS NOT AVAILABLE.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated
Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods
indicated this 16th day of May,2024.
/s/ Karis De Gannes, Agency Clerk, Florida Department of Commerce, 107 East Madison Street, MSC 110,
Tallahassee,Florida 32399-4128,Telephone: (850)245-7151,Facsimile: (850)921-3230
By U.S.Mail:
The Honorable Craig Cates,Mayor,Monroe County, 1100 Simonton Street,Key West,Florida 33040
Kevin Madok, Clerk, Monroe County, Board of County Commissioners, 500 Whitehead Street, Key West, Florida
33040
5008
Florida Administrative Register Volume 50,Number 98,May 17,2024
67-48, and the Florida Administrative Code (F.A.C.). The allocation standards for residential and nonresidential
funding will be offered through one or more competitive development within the TKCOD.
solicitations. 6.The TKCOD development standards exceed those applicable
Florida Housing currently anticipates the allocation of to the Tavernier community under the Monroe County
$193,000,000 in SAIL funding to implement Section Comprehensive Plan,specifically those provided by the Livable
420.50871,F.S.,as authorized and created under the 2023 Live CommuniKeys Master Plan for Tavernier Creek to Mile Marker
Local Act.Such funding is comprised 2023 and 2024 legislative 97("Tavernier LCP")and the Tavernier Creek to Mile Marker
appropriation.This amount is subject to change. 97 U.S. Highway 1 Corridor District Overlay (TC)
Florida Housing currently anticipates the allocation of up to Development Standards and Guidelines("U.S. 1 Guidelines").
$50,000,000 in SAIL funding to implement Section 420.50872, 7.13y establishing the TKCOD, the Ordinance improperly
F.S., as authorized and created under the 2023 Live Local Act. creates an overlay district to exempt the subject property from
This amount is subject to change. the development standards applicable to other properties within
For more information on opening and closing dates of the Tavernier in a manner that is inconsistent with the Monroe
competitive solicitations, or on how to submit an Application, County Comprehensive Plan and fails to maintain the
please access Florida Housing's Website at: community's character.
http://www.floridahousing.org/programs/developers- CONCLUSIONS OF LAW
multifamily-programs/competitive. 8.The Department is required to approve or reject land
If you are hearing or speech impaired, please contact Florida development regulations that are adopted by any local
Housing using the Dual Party Relay System at 1(800)955-8770 government in an area of critical state concern. See §§
or 1(800)955-8771. 380.05(6)and 380.0552(9),Fla Stat.
All Applications submitted in response to a competitive 9."Land development regulations" include local zoning,
solicitation must be submitted to Florida Housing Finance subdivision, building, and other regulations controlling the
Corporation in accordance with the requirements of the development of land. § 380.031(8),Fla. Stat. The regulations
applicable Request for Applications, provisions of all adopted by the Ordinance are land development regulations.
applicable Florida Statutes, Rule Chapter 67-60, F.A.C., and 10.The Ordinance is inconsistent with the Monroe County
Rule Chapter 67-48,F.A.C. Comprehensive Plan generally, as required by Section
163.3177(1), Florida Statutes. Specifically, the Ordinance is
DEPARTMENT OF COMMERCE inconsistent with Policies 101.5.6,1OL19.1,1OL19.2,105.1.2,
Division of Community Development and 105.1.3.
Commerce Final Order No.COM-24-020 1 LA11 land development regulations enacted, amended, or
FINAL ORDER rescinded within an area of critical state concern must be
REJECTING MONROE COUNTY ORDINANCE NO. 04- consistent with the principles for guiding development for that
2024 area. §§ 380.05(6)and 380.0552(9),Fla Stat.
The Florida Department of Commerce("Department")hereby 12.The Principles for Guiding Development for the Florida
issues its Final Order, pursuant to sections 380.05(6) and Keys Area of Critical State Concern are set forth in Section
380.0552(9), Florida Statutes, rejecting the land development 380.0552(7),Florida Statutes.
regulations adopted by Monroe County,Florida(the"County"), 13.The Ordinance is inconsistent with the Principles for
Ordinance No.04-2024(the"Ordinance"). Guiding Development as a whole, and specifically fails to
FINDINGS OF FACT comply with the following:
LThe Florida Keys Area is designated by Section 380.0552, (a) Strengthening local government capabilities for managing
Florida Statutes,as an area of critical state concern. land use and development so that local government is able to
2.The County is a local government within the Florida Keys achieve these objectives without continuing the area of critical
Area. state concern designation;
3.The Ordinance was adopted by the County on February 15, (d)Enhancing natural scenic resources,promoting the aesthetic
2024. benefits of the natural environment, and ensuring that
4.The Ordinance amends the County Land Development Code development is compatible with the unique historic character of
("Code") to establish a new overlay commercial land use the Florida Keys;and
district, the Tavernier Key Commercial Overlay District (g)Protecting the historical heritage of the Florida Keys.
("TKCOD"),which applies to 19.3 acres of property. WHEREFORE, IT IS ORDERED that the Department finds
5.The Ordinance sets forth the boundary, maximum that Monroe County Ordinance No. 04-2024 is inconsistent
development potential,and Rate of Growth Ordinance(ROGO) with the Monroe County Comprehensive Plan and the
1797
5009
Florida Administrative Register Volume 50,Number 98, May 17, 2024
Principles for Guiding Development for the Florida Keys Area Florida 32399-4128, Telephone: (850)245-7151,Facsimile:
of Critical State Concern and is hereby REJECTED. (850)921-3230
This Order becomes effective 21 days after publication in the By U.S.Mail:
Florida Administrative Register,unless a petition is timely filed The Honorable Craig Cates, Mayor, Monroe County, 1 100
as described in the Notice of Administrative Rights below. Simonton Street,Key West,Florida 33040
DONE AND ORDERED in Tallahassee,Florida. Kevin Madok, Clerk, Monroe County, Board of County
/s/Kate Doyle , Kate Doyle, Assistant Deputy Secretary, Commissioners, 500 Whitehead Street, Key West, Florida
Division of Community Development, Florida Department of 33040
Commerce
NOTICE OF ADMINISTRATIVE RIGHTS INWOOD CONSULTING ENGINEERS,INC.
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE Notice of Opportunity
AFFECTED BY THIS ORDER HAS THE OPPORTUNITY THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR AN ADMINISTRATIVE PROCEEDING PURSUANT (FDOT) announces an opportunity to request a public hearing.
TO SECTION 120.569, FLORIDA STATUTES, BY FILING The environmental review, consultation, and other actions
A PETITION. required by applicable federal environmental laws for this
A PETITION MUST BE FILED WITH THE AGENCY project are being, or have been, carried out by FDOT pursuant
CLERK OF THE DEPARTMENT OF COMMERCE WITHIN to 23 U.S.C. § 327 and a Memorandum of Understanding dated
21 CALENDAR DAYS OF BEING PUBLISHED IN THE May 26, 2022, and executed by Federal Highway
FLORIDA ADMINISTRATIVE REGISTER.A PETITION IS Administration and FDOT.
FILED WHEN IT IS RECEIVED BY: PURPOSE:Notice is hereby given that interested persons may
AGENCY CLERK, FLORIDA DEPARTMENT OF request a location and design concept public hearing for:
COMMERCE,OFFICE OF THE GENERAL COUNSEL, 107 Project Name: Truck and Freight Alternative Site Analysis
EAST MADISON ST., MSC 110, TALLAHASSEE, Type of Project: Project Development & Environment
FLORIDA 32399-4128, FAX (850)921-3230, (PD&E) Study
AGENCY.CLERK@COMMERCE.FL.GOV Project Limits: Along the Interstate 4 (I-4) Corridor in
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE District 5
PROCEEDING IF YOU DO NOT FILE A PETITION WITH City/County: Port Orange and Daytona Beach; Volusia
THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF County,Florida
BEING PUBLISHED IN THE FLORIDA Financial Project Identification(FPID)Number: 447724-1-22-
ADMINISTRATIVE REGISTER. 01
FOR THE REQUIRED CONTENTS OF A PETITION Federal-Aid Project Number: N/A
CHALLENGING AGENCY ACTION, REFER TO RULES Project Description:
28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA The purpose of this project is to provide needed truck parking
ADMINISTRATIVE CODE. facilities to serve regional freight parking demand within or
DEPENDING ON WHETHER OR NOT MATERIAL FACTS near the I-4 corridor to address safety and mobility.The PD&E
ARE DISPUTED IN THE PETITION,A HEARING WILL BE Study is being conducted to identify,evaluate,and recommend
CONDUCTED PURSUANT TO EITHER SECTIONS viable truck and freight parking sites along or near the 75-mile
120.569 AND 120.57(1), FLORIDA STATUTES, OR I-4 corridor across Osceola, Orange, Seminole, and Volusia
SECTIONS 120.569 AND 120.57(2),FLORIDA STATUTES. Counties. The PD&E Study involves engineering analysis,
PURSUANT TO SECTION 120.573,FLORIDA STATUTES, environmental evaluations, and public engagement to evaluate
AND CHAPTER 28, PART IV, FLORIDA the potential effects of the proposed improvements and to
ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT identify the location and conceptual design of the preferred
MEDIATION IS NOT AVAILABLE. alternative for further refinement in the design phase. This
CERTIFICATE OF FILING AND SERVICE notice is to provide an opportunity for the public to request a
I HEREBY CERTIFY that the original of the foregoing Final public hearing for two proposed truck parking sites located
Order has been filed with the undersigned designated Agency Within Volusia County. The proposed Volusia County Site I
Clerk, and that true and correct copies have been furnished to is located along I-4 Eastbound,approximately 4.5 miles west of
the following persons by the methods indicated this 16th day of the I-95 interchange in the City of Port Orange. The proposed
May,2024. Volusia County Site 1B is located along I-4 Westbound,
/s/ Karis De Gannes, Agency Clerk, Florida Department of approximately 4.5 miles west of the I-95 interchange in the City
Commerce, 107 East Madison Street, MSC 110, Tallahassee, of Daytona Beach.
1798
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Miscellaneous
DEPARTMENT OF COMMERCE
Division of Community Development
Commerce Amended Final Order No. COM-24-020
AMENDED FINAL ORDER
MONROE COUNTY ORDINANCE NO. 04-2024
The Florida Department of Commerce ("Departmenf') hereby issues its Amended Final Order,pursuant to sections
380.05(6) and 380.0552(9), Florida Statutes on the land development regulations adopted by Monroe County,
Florida (the "County"), Ordinance No. 04-2024 (the "Ordinance"). The Department's initial final order issued on
May 16,2024,is hereby superseded and replaced by this final order.The Department finds as follows:
FINDINGS OF FACT
1.The Florida Keys Area is designated by Section 380.0552,Florida Statutes,as an area of critical state concern.
2.The County is a local government within the Florida Keys Area.
3.The Ordinance was adopted by the County on February 15,2024.
4.The Ordinance amends the County Land Development Code ("Code")to establish the Tavernier Key Commercial
Overlay District("TKCOD"),which applies to 19.3 acres of property. Establishment of the TKCOD promotes the
conversion of scarified land that formerly housed a concrete manufacturing facility into a mixed-use development
project that will provide workforce housing along with nonresidential development to serve the needs of
permanent residents of the Upper Keys.
5.The Ordinance sets forth the boundary,maximum development potential, and Rate of Growth Ordinance (ROGO)
allocation standards for residential and nonresidential development within the TKCOD.
CONCLUSIONS OF LAW
6.The Department is required to approve or reject land development regulations that are adopted by any local
government in an area of critical state concern. See §§ 380.05(6)and 380.0552(9),Fla Stat.
7."Land development regulations" include local zoning, subdivision,building, and other regulations controlling the
development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development
regulations.
8.The Ordinance is consistent with the Monroe County Comprehensive Plan generally, as required by Section
163.3177(1), Florida Statutes. Specifically,the Ordinance is consistent with Policies 101.5.6, 101.19.1, 101.19.2,
105.1.2,and 105.1.3.
9.All land development regulations enacted, amended, or rescinded within an area of critical state concern must be
consistent with the principles for guiding development for that area. §§380.05(6)and 380.0552(9),Fla Stat.
10.The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in
Section 380.0552(7),Florida Statutes.
I I.The Ordinance is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 04-2024 is
consistent with the Monroe County Comprehensive Plan and the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Register, unless a petition is
timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee,Florida.
/s/Kate Doyle , Kate Doyle, Assistant Deputy Secretary, Division of Community Development, Florida
Department of Commerce
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE
OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA
STATUTES,BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMERCE
WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
A PETITION IS FILED WHEN IT IS RECEIVED BY:
5011
AGENCY CLERK, FLORIDA DEPARTMENT OF COMMERCE, OFFICE OF THE GENERAL COUNSEL, 107
EAST MADISON ST., MSC 110, TALLAHASSEE, FLORIDA 32399-4128, FAX (850)921-3230,
AGENCY.CLERK@COMMERCE.FL.GOV
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT FILE A PETITION
WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA
ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION, REFER TO RULES
28-106.104(2),28-106.201(2),AND 28-106.301,FLORIDA ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE PETITION,A HEARING
WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS 120.569 AND 120.57(1),FLORIDA STATUTES,
OR SECTIONS 120.569 AND 120.57(2),FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV, FLORIDA
ADMINISTRATIVE CODE,YOU ARE NOTIFIED THAT MEDIATION IS NOT AVAILABLE.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated
Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods
indicated this 26th day of June,2024.
/s/ Karis De Gannes, Agency Clerk, Florida Department of Commerce, 107 East Madison Street, MSC 110,
Tallahassee,Florida 32399-4128,Telephone: (850)245-7151,Facsimile: (850)921-3230
By U.S.Mail:
The Honorable Craig Cates,Mayor,Monroe County, 1100 Simonton Street,Key West,Florida 33040
Kevin Madok, Clerk, Monroe County, Board of County Commissioners, 500 Whitehead Street, Key West, Florida
33040.
5012
Florida Administrative Register Volume 50,Number 126,June 27,2024
440.13(12)(e)l., F.S., has published the 2024 schedule of 163.3177(1), Florida Statutes. Specifically, the Ordinance is
maximum reimbursement allowances for physician and consistent with Policies 101.5.6, 101.19.1, 101.19.2, 105.1.2,
nonhospital services to its website. This schedule of maximum and 105.1.3.
reimbursement allowances shall take effect January 1,2025. 9.All land development regulations enacted, amended, or
The 2024 schedule of maximum reimbursement allowances for rescinded within an area of critical state concern must be
physician and nonhospital services may be accessed at consistent with the principles for guiding development for that
https://www.myfloridacfo.com/division/wc/manuals. area. §§ 380.05(6)and 380.0552(9),Fla Star.
10.The Principles for Guiding Development for the Florida
DEPARTMENT OF COMMERCE Keys Area of Critical State Concern are set forth in Section
Division of Community Development 380.0552(7),Florida Statutes.
Commerce Amended Final Order No. COM-24-020 11.The Ordinance is consistent with the Principles for Guiding
AMENDED FINAL ORDER Development as a whole.
MONROE COUNTY ORDINANCE NO. 04-2024 WHEREFORE, IT IS ORDERED that the Department finds
The Florida Department of Commerce ("Department")hereby that Monroe County Ordinance No. 04-2024 is consistent with
issues its Amended Final Order,pursuant to sections 380.05(6) the Monroe County Comprehensive Plan and the Principles for
and 380.0552(9), Florida Statutes on the land development Guiding Development for the Florida Keys Area of Critical
regulations adopted by Monroe County,Florida(the"County"), State Concern and is hereby APPROVED.
Ordinance No. 04-2024 (the "Ordinance"). The Department's This Order becomes effective 21 days after publication in the
initial final order issued on May 16,2024,is hereby superseded and replaced by this final order. The Department finds as Florida Administrative Register,unless a petition is timely filed
as described in the Notice of Administrative Rights below.
follows: DONE AND ORDERED in Tallahassee,Florida.
FINDINGS OF FACT /s/Kate Doyle , Kate Doyle, Assistant Deputy Secretary,
1.The Florida Keys Area is designated by Section 380.0552, Division of Community Development, Florida Department of
Florida Statutes, as an area of critical state concern. Commerce
2.The County is a local government within the Florida Keys NOTICE OF ADMINISTRATIVE RIGHTS
Area. ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE
3.The Ordinance was adopted by the County on February 15, AFFECTED BY THIS ORDER HAS THE OPPORTUNITY
2024. FOR AN ADMINISTRATIVE PROCEEDING PURSUANT
4.The Ordinance amends the County Land Development Code TO SECTION 120.569, FLORIDA STATUTES, BY FILING
("Code") to establish the Tavernier Key Commercial Overlay A PETITION.
District("TKCOD"), which applies to 19.3 acres of property. A PETITION MUST BE FILED WITH THE AGENCY
Establishment of the TKCOD promotes the conversion of CLERK OF THE DEPARTMENT OF COMMERCE WITHIN
scarified land that formerly housed a concrete manufacturing 21 CALENDAR DAYS OF BEING PUBLISHED IN THE
facility into a mixed-use development project that will provide FLORIDA ADMINISTRATIVE REGISTER.A PETITION IS
workforce housing along with nonresidential development to FILED WHEN IT IS RECEIVED BY:
serve the needs of permanent residents of the Upper Keys. AGENCY CLERK, FLORIDA DEPARTMENT OF
5.The Ordinance sets forth the boundary, maximum COMMERCE, OFFICE OF THE GENERAL COUNSEL, 107
development potential,and Rate of Growth Ordinance(ROGO) EAST MADISON ST., MSC 110, TALLAHASSEE,
allocation standards for residential and nonresidential FLORIDA 32399-4128, FAX (850)921-3230,
development within the TKCOD. AGENCY.CLERK@COMMERCE.FL.GOV
CONCLUSIONS OF LAW YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE
6.The Department is required to approve or reject land PROCEEDING IF YOU DO NOT FILE A PETITION WITH
development regulations that are adopted by any local THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF
government in an area of critical state concern. See §§ BEING PUBLISHED IN THE FLORIDA
380.05(6) and 380.0552(9),Fla Star. ADMINISTRATIVE REGISTER.
7."Land development regulations" include local zoning, FOR THE REQUIRED CONTENTS OF A PETITION
subdivision, building, and other regulations controlling the CHALLENGING AGENCY ACTION, REFER TO RULES
development of land. § 380.031(8), Fla. Star. The regulations 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
adopted by the Ordinance are land development regulations. ADMINISTRATIVE CODE.
8.The Ordinance is consistent with the Monroe County DEPENDING ON WHETHER OR NOT MATERIAL FACTS
Comprehensive Plan generally, as required by Section ARE DISPUTED IN THE PETITION,A HEARING WILL BE
2291
5013
Florida Administrative Register Volume 50,Number 126,June 27,2024
CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR
SECTIONS 120.569 AND 120.57(2),FLORIDA STATUTES.
PURSUANT TO SECTION 120.573,FLORIDA STATUTES,
AND CHAPTER 28, PART IV, FLORIDA
ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT
MEDIATION IS NOT AVAILABLE.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final
Order has been filed with the undersigned designated Agency
Clerk, and that true and correct copies have been furnished to
the following persons by the methods indicated this 26th day of
June,2024.
/s/ Karis De Gannes, Agency Clerk, Florida Department of
Commerce, 107 East Madison Street, MSC 110, Tallahassee,
Florida 32399-4128, Telephone: (850)245-7151, Facsimile:
(850)921-3230
By U.S. Mail:
The Honorable Craig Cates, Mayor, Monroe County, 1100
Simonton Street,Key West,Florida 33040
Kevin Madok, Clerk, Monroe County, Board of County
Commissioners, 500 Whitehead Street, Key West, Florida
33040.
Section XIII
Index to Rules Filed During Preceding
Week
NOTE: The above section will be published on Tuesday
beginning October 2,2012,unless Monday is a holiday,then it
will be published on Wednesday of that week.
2292
5014
ff!1) y
4s„
5
6 MEMORANDUM
7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
8
9
10 To: Monroe County Board of County Commissioners
11
12 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
13 Resources
14
15 From: Devin Tolpin, AICP, CFM, Planning and Development Review Manager
16
17 Date: November 18, 2024
18
19 Subject: An ordinance by the Monroe County Board of County Commissioners amending the
20 Monroe County Land Use District (Zoning) Map to apply the Tavernier Commercial
21 Overlay District (TCO) to property located at 92501 Overseas Highway, Key Largo,
22 approximately Mile Marker 92.5, having Parcel Identification Numbers 00089490-
23 000000 and 00490250-000000; as proposed by Cemex Construction Materials Florida,
24 LLC F/K/A Singletary Concrete Products, Inc. (File 2022-054)
25
26 Meeting: December 11, 2024
27
28 I. REQUEST
29 On March 23, 2022, the
30 Planning and Environmental
31 Resources Department
32 received an application from
33 Smith/Hawks, PL (they
34 "Agent") on behalf of
35 Singletary Concrete Products, °
y .
36 Inc. and Cemex Construction w i�
37 Materials Florida, LLC (the f , �
38 "Property Owners" and � 'r
yA�' i / rd r ,�Ili � V/ � ✓J1//,w�
39 "Applicants")and The Vestcor
40 Companies, Inc. andat
41 Blackstone Group — Tavernier
42 925, LLC (the "Developers")
43 to apply an overlay to the Land Use District Proposed location of Tavernier Commercial overlay(TCo)
44 (Zoning) map on property located at 92501
45 Overseas Highway, Key Largo with parcel identification numbers 00490250-000000 and 00089490-
46 000000 (the "Property").
47
48 The Applicants had also requested a corresponding text amendment to establish the Tavernier
49 Commercial Overlay District (the "Overlay") to allow for a nonresidential Rate Of Growth Ordinance
BOCC SR 12.11.2024 Page I of 17
File 2022-054
5015
I (NROGO)allocation of up to 49,900 square feet to allow for the development of a 49,900 SF commercial
2 supermarket, including a liquor store, and 86 affordable housing dwelling units on the Property (File
3 2022-053).
4
5 The subject of this staff report is the proposed LUD (Zoning) Map Overlay amendment to apply the
6 Overlay to the Property. Ifapproved, the Property would remain within the Suburban Commercial(SC)
7 Land Use District with the Overlay applied in addition to the current Zoning.
8
9 Concurrent Applications
10
11 1. Monroe County Planning & Environmental Resources Department File No. 2023-205:
12
13 An Application requesting BOCC approval of an amendment to the Monroe County 2030
14 Comprehensive Plan to Newly Create Goal 113, Objective 113.1, and Site Specific Subarea Policy
15 113.1.1, So As to Newly Create a "Tavernier Workforce Housing Subarea 1" on a portion of the
16 Property (having Parcel ID No. 00089490-000000).
17
18 2. Monroe County Planning & Environmental Resources Department File No. 2024-041:
19
20 An Application requesting BOCC approval of a Development Agreement between the Monroe
21 County BOCC and Blackstone Group-Tavernier 925 LLC and Vestcor Companies Inc. concerning
22 the proposed redevelopment of the Property with up to 49,900 square feet of non-residential floor
23 area and 86 attached affordable workforce dwelling units.
24
25 3. Monroe County Planning & Environmental Resources Department File No. 2022-012:
26
27 An Application requesting approval of a Major Conditional Use Permit ("Major CUP") to develop
28 the Property with a 49,340 square foot commercial supermarket including a liquor store and eighty
29 six (86)workforce housing dwelling units.
30
31 II. BACKGROUND INFORMATION
32 Site Information:
33 Location: 92501 Overseas Highway, MM 92.5, Tavernier(Island of Key Largo)
34 Boundary: Affected parcels are outlined in l')11 e in the image below.
35 Parcel ID Numbers (2 Parcels): 00490250-000000 and 00089490-000000
36 Applicant: Singletary Concrete Products Inc. and CEMEX Construction Materials Florida, LLC
37 Agent: Smith/Hawks, PL
38 Size of Affected Portion of Property: 841,940.3 SF (19.33 acres) gross area; including 611,384.2 SF
39 (14.04 acres) upland, 209,913.57 SF (4.82 acres) mangroves, and 20,642.5 SF (0.47 acres) man made
40 pond according to the submitted boundary survey
41 FLUM Designation: Mixed Use/ Commercial (MC)
42 Land Use Districts: Suburban Commercial (SC); proposing overlay land use district
43 Tier Designation: III
44 Flood Zones: AE(EL 8, 9, 10, and 11); VE(EL 11)
45 CBRS: No
46 Existing Uses: Previously developed as a concrete plant with outdoor storage, whether that prior use
47 has been abandoned and/or discontinued per the LDC is not established by the Application.
48 Existing Vegetation/Habitat: Undeveloped Land, Exotic, Mangrove, Hammock, and Water
BOCC SR 12.11.2024 Page 2 of 17
File 2022-054
5016
I Community Character of Immediate Vicinity: Adjacent land uses include residential to the north,
2 east, and south with commercial retail to the west across US L The Property is part of the Tavernier
3 Creek to Mile Marker 97 U.S. Highway 1 Corridor District Overlay (TC), established by LDC Section
4 130-128.
tf
I� �E
P
z
r
ro E � w,17 i t
� era
o
5
6 Property outlined in blue (image dated 2023)
7
8 Historic Aerial Imager of the Pro er
a
r
9 !
10 Subject Property (image dated 1968) Subject Property (image dated 1975)
11
r
i
f l� I
12
13 Subject Property (image dated 1994) Subject Property (image dated 2002)
BOCC SR 12.11.2024 Page 3 of 17
File 2022-054
5017
I Community Meeting and Public Participation
2 The Community Meetings for the subject application were held on August 18,2022 and January 5,2023.
3 Concerns from the Community Meeting included, but were not limited to:
4 ■ Inconsistency with community character and the Tavernier Livable CommuniKeys Plan (the
5 "LCP");
6 ■ Increased traffic and the associated negative impacts;
7 ■ The County's insufficient balance of ROGO Allocations to accommodate the request;
8 ■ Access off US I; and
9 ■ Negative environmental impacts.
10
11 Development Review Committee Meeting and Public Input
12 On October 25, 2022, the DRC considered the proposed amendment and provided for public input. On
13 November 14, 2022,the Chair of the DRC signed Resolution No. DRC 14-22,recommending DENIAL
14 of the proposed amendment to the Land Development Code establishing Section 130-143 to the Planning
15 Commission and Board of County Commissioners.
16
17 Planning Commission Hearing
18 On April 28, 2023,the Planning Commission passed and adopted Planning Commission Resolution No.
19 P16-23 recommending DENIAL of the proposed amendment to the Land Development Code
20 establishing Section 130-143 to the Board of County Commissioners. A resolution specific to the Map
21 Amendment(to apply the Overlay to the Property) was not adopted due to the recommendation to deny
22 the establishment of the overlay.
23
24 Establishment of the Tavernier Commercial Overlay District (LDC Section 130-143)
25 On February 15, 2024, the BOCC approved Ordinance No. 004-2024 ("the Land Development Code
26 text amendment")which adopted a text amendment to the Land Development Code to newly create LDC
27 Section 130-143 in order to establish a"Tavernier Commercial Overlay District" including purpose and
28 intent, NROGO allocation standards, applicability, boundary, and maximum development potential for
29 those certain parcels located at 92501 Overseas Highway,Key Largo, currently having Property ID Nos.
30 0089490-000000 and 00490250-000000.
31
32 On May 17, 2024, the State via the Department of Commerce issued Commerce Final Order No. COM-
33 24-020 rejecting the Land Development Code text amendment(the"Ordinance")based upon the State's
34 determinations that it was: (1)Inconsistent with the Principles for Guiding Development in the Florida
35 Keys Area of Critical State Concern, (Q Inconsistent with the adopted Monroe County Comprehensive
36 Plan and Tavernier Livable CommuniKeys Plan ("LCP"), and(33,)Inconsistent and fails to comply with
37 the adopted Monroe County Land Development Code.
38
39 Later, on June 27, 2024, the State via the Department of Commerce issued Commerce Amended Final
40 Order No. COM-24-020 approving that previously rejected Ordinance (No. 004-2024) stating the
41 following:
BOCC SR 12.11.2024 Page 4 of 17
File 2022-054
5018
DEPARTMENTOF COMMERCE
Division of Cornniunity Development
Commerce Amended Final Order, No. COM-24-020
AMENDED FINAL ORDER
MONROE CO'UNTY ORDINANCE NO. 04-2024
The Florida Department of Commerce ("Department") liereby
issues its Amended Final Order, pursuant to sections 380,05(6)
and 380.0552( ), Florida Statutes on the land development
regulation,s, a,dopted by Monroe COUTIty, Florida(the "County"),
Ordinance No. 04-2024 (the ",Ordinance"), The Departi-nent's
initial final order issued on May 16., 2024, is hereby superseded
and replaced by this final order,
3 On October 17 1h 2024,the Tavernier Community Association(Tavernier Community Association,Inc.),
4 James Bell, and Chris Hoguet (the "Petitioners") filed a Petition, under Florida Statutes Section
5 163.3213(3), with the Monroe County Board of County Commissioners ("BOCC") challenging the
6 BOCC's adopted Ordinance No. 004-2024 as inconsistent with the Comprehensive Plan. Thirty (30)
7 days later,' Monroe County served its initial or preliminary response to the Petitioners' Petition. Under
8 Florida Statutes Section 163.3213(3), the Petitioners now must petition the state land planning agency
9 (the Florida Department of Commerce) not later than thirty (30) days from November I 8th, 2024; in
10 other words,the Petitioners must submit their formal petition with the Florida Department of Commerce
11 by or before Wednesday, December I 8th, 2024. This matter remains pending.
12
13 Other Previous Relevant BOCC Action
14 On September 16, 1988, an Application for a Land Use Map amendment from Suburban Commercial
15 (SC) to Industrial (1) (Fileg M9315) was received by the Planning Department. It appears that this file
16 was never processed because it was submitted when the new Comprehensive Plan was being drafted and
17 the pending application was put on hold and eventually closed.
18
19 On June 30, 2003, a Letter of Understanding (LOU)was issued, to address the potential construction of
20 300 affordable housing units on the Property. A development application nor approval followed the
21 issuance of this LOU.
22
23 111. AMENDMENT REVIEW
24
25 Proposals to amend the land use district are reviewed in accordance with Chapter 102, Article V. Land
26 Development Code Section 102-158(a) specifically identifies the purpose of Article V Amendments and
27 states:
28 Purpose. The purpose of this article [Article V- Amendments] is to provide a means for
29 changing the text of this Land Development Code,which also includes changes to the land
30 use(zoning)district map and overlay district maps. It is also intended to add to the statutory
'November 18',2024.
BOCC SR 12.11.2024 Page 5 of 17
File 2022-054
5019
I procedures and requirements for changing the future land use map (FLUM) at the
2 transmittal stage. The process for changing the text of the Comprehensive Plan shall follow
3 the process established Chapter 163, Part II, Florida Statutes, and shall require a Concept
4 Meeting as detailed in subsection (d)(3) of this section, and shall provide for community
5 participation as specified in Section 102-159(b). This article is not intended to relieve
6 particular hardships, nor to confer special privileges or rights on any person, nor to
7 permit an adverse change in community character, analyzed in the Technical
8 Document (data and analysis), but only to make necessary adjustments in light of
9 changed conditions or incorrect assumptions or determinations as determined by the
10 findings of the BOCC. In determining whether to grant a requested amendment to
11 the text of this Land Development Code, or land use(zoning) district map, or overlay
12 map, the BOCC shall consider, in addition to the factors set forth in this article, the
13 consistency of the proposed amendment with the provisions and intent of the
14 comprehensive plan and consistency with the principles for guiding development in
15 Section 380.0552, F.S. [emphasis added].
16
17 Comparison o Development Potential
18 The Property is currently located within the Suburban Commercial Land Use (zoning) District, Mixed
19 Use/Commercial Future Land Use Map, and is designated as Tier 3 on the County's Tier overlay map.
20 Under the existing zoning requirements, both commercial retail and employee housing dwelling units
21 are permitted uses. The primary change that would result from adoption of the proposed overlay would
22 be the ability to construct a nonresidential structure that is over 10,000 square feet, up to 49,900 square
23 feet, with receipt of that nonresidential floor area allocation within a single allocation quarter [for
24 properties within the overlay].
25
26 To better understand the Applicants' request, below is a summary of the maximum development
27 potential of the Property based on 14.04 acres (611,384.2 SF) of upland under the current Code as
28 compared to the proposed amendments:
29
Nonresidential Square Footage (SF) Max Net Density Allocated Density
Existing Code Commercial retail: 202.11 units 42.11 units
(ref. LDC Sections Low intensity: 213,984 SF
130-157 and 130- Medium intensity: 152,846 SF
164) High Intensity: 91,708 SF
Proposed Code Commercial retail: 202.11 units 42.11 units
(ref. LDC Sections Low intensity: 213,984 SF
130-157 and 130- Medium intensity: 152,846 SF
164) High Intensity: 91,708 SF
30
Maximum NROGO Allocation Maximum Square Footage (SF)
Existing Code 10,000 SF/Allocation Quarter 10,000 SF/ Structure
(ref LDC 138-51
Proposed Code 49,900 SF/Allocation* 49,900 SF/ Structure; and/or
49,900 maximum SF within overlay
2 Upland acreage is based on survey completed by Massey-Richards Surveying&Mapping,LLC and digitally signed by
David S.Massey on May 26,2022.
BOCC SR 12.11.2024 Page 6 of 17
File 2022-054
5020
(ref. proposed
LDC Section 130-
143
* The maximum nonresidential floor area to be allocated or transferred to the Tavernier Commercial
Overlay District shall be limited to a maximum of 49,900 square feet.
1
2 In accordance with LDC Section 130-143, applying the Tavernier Commercial Overlay to the Property
3 would relax the development restrictions [within the Overlay] by allowing for the potential NROGO
4 allocation of up to 49,900 square feet as opposed to a maximum of 10,000 square foot per structure as
5 set forth in LDC Section 138-51. As approved, it is apparent that the intent of the overlay is to limit the
6 nonresidential development potential of the Property to no more than 49,900 square feet of
7 nonresidential floor area and 86 units of deed restricted affordable housing. See File 2022-053 for
8 detailed analysis of the adopted text amendment.
9
10 Compatibility with LDC Section 130-143, Tavernier Commercial Overlay
11 As previously noted, on February 15, 2024, the BOCC adopted Ordinance No. 004-2024, which
12 amended the LDC to establish the Tavernier Commercial Overlay District. While the boundaries of the
13 adopted Overlay District include the Property within the text of the LDC, an amendment to the Official
14 Land Use District Map is required in order to apply the Tavernier Commercial Overlay to the Property.
15
16 The text of LDC Section 130-143 is pasted below:
17
Section 130-143, Tavernier Commercial Overlay District
(a) Purpose and Intent. `]I'lue 2urpose ofthe Tavernier Commercial Overlay:District:is to implement
applicable goals, objectives, and policies ol'the Comprehensive Plap and to al'tow larger-scale
nonreside tial development ment in a scarified area of the IJ. er ne s that p6marily serves the needs
of permatient residents of the LIpper Keys. The intent is to provide accessible nonresidential uses
t erravaruenrt residermts caf the [.7 er 1 e s c pile ravaintairuirr� the character of T vernier,
(h) Boundary. The"I'avernier Commercial. Overlay:I) strict shall be shown as an overlay district oua.
the Official land Use District map- The Tavernier Commercial Overlay Dist°tict shall be shown
as the bourudary of the Varcels with .Monroe County Parcel 119 numbers 00490250-000000 and
18 00089490-000000, and depicted in the map below:
19 -
BOCC SR 12.11.2024 Page 7 of 17
File 2022-054
5021
.,rv)
Approx. DR
l Largo
Ji
i4
is
0008 49p-0DO00A
,.
°r
a 'v„ 004902�50^000000
(c) Applicability. Development within the ' 'avermvier Commercial Overlay ]district shall be
subject to the folio Timm r standards:
1. An amendment to the (')fficiaf Land Use District Map is re uuired and such overlay shall be
showmen on the Official Land Use f iistrict Map.
2. I:'lme develop mment of a single nonresidemmt al structure that commtaiums more than 1t),00(I square
feet withimu the Overlay District shall be subject to the t:enns and condit omas of"an approved
Development A-Y eemmmemmt as defined in sections 1 �10-1-12, 1 �10-133,, and must include:
a. Provisions for the development of 86 workforce housing dwellimm g rmmmits oum site. Thedistrib do ofsan l�d or �force 'hommsing amaits (low, very low, median and moderate)
provided on site shall be memorialized and provided for in time Development Agreement-,
and
b. Preferred leasing standards for essential workers of°the w'orkfoTCC Units, apid
c. An approved site plan that includes the following in addition to all site requirements in
accordance with the Lammd 1.)evelo um:ment Code:
i. A pediestrian walkway conamecting the nonresidential patking, area t.o the right of
way known as Orange Blossom Road. Required lighting for time pedestrian
valk tuy 1Yrua t tf a ctmt7 l armce with Cha ter l 14 .11fcle ' I m
ii. If ouatdouar li�htin � is proposed, in addition to all reu uiiremmaents of Cha ter 114,
!article V1, such Ii 7htin g shall be designed and 'located such that the mmmaximmmurn
illumination measured, in fuotc.andles at any exterior properly line adjacent to
residential eases not included imm this overlay, shall not exceed zero 0. for cutoff*
and noncutoff lights,with the exception of"the pedestrian walkway or any lighting,
2 required for fife safety, as provided by, Monroe County.
BOCC SR 12.11.2024 Page 8 of 17
File 2022-054
5022
d, A tral'fic safety analysis completed as part ofthe reel aired Trarfic Study-
3. All 4 L.� ass E Scenic Corridor Buffer,
......... .......... ........................................................................
4. All development shall be permitted in accordance with the permitted and conditional use
requiremen(s of'Chap(er 130, Article 111, Penilitted and Conditional Uses.
5. Industrial uses are not
permitted within the�Overlay, Notwitlistandiiif,,,.tiie,precediiig.sentence
industrial uses determined to be lawfully v nonconfoming existing uses withiii the Overlay are
vermitted to remain, and operate, until such time as a building permit is issued for the
nonresidential Structure of more,than 10,000 square feet.
(d) Maximpim Developirrient Poteptial.
I. There shall be Inca allocated or maximum net density standard available for residential market-
rate of transient dwelling units,
2. ThieTaviernier Commercial Overlay District shall be limited to a maximum total development
potential or-.
a. 49,900 square feet of nonresidential floor area, and
b. Eghty-six 86 deed restricted workforce housing dwelling uniLs�' and
c. Accessory, uses and Structures.
(e) NROGO Allocations. Notwithstanding Section 138-5 1, the Tavernier Cominercial Overlay
District shall have the followilmr NROGO,allocation standards pfovidedthat the criteria set forth
in subsections (f), (g) and (h), are satisfied:
1. Maximum allocation ohlonresidential Iloor area. "I"he arnount ofnonresidemial floor area
to be allocated or transferred to the Tavernier Commercial Overlay District shall he limited
to a maxilTILIM of 49,900 &QUaue feet.
2. Maxii-num floor area per stmicture. A single nonresidential prind pal structure Within the
Tavernier Commercial Overlay District shall be Liermitted to receive aii alloication that
gxpanids the structure to more,tligil I f7fl scuaae felt q but not to exiceeld a max' mmof
- i----------
49,900 sguare feet of nonresidential floor area.
No bUildin,(; permit shall be issued for a structure receiving an NROGO Allocation or transfer
that would expand a nonresidential structure within the Olverlay to more than 10,000 square feet
L"Itess and until building permits for all 86 w,orkforce housing units have been issued.
(g) All new resildera"O Ullits deve]M)ed within the Overlay shall be subject to the ROGO permit
allocation system or transfer of ROGO exemptions of existing lawfully establishedpennanent
mafl�et rate or affordable dwelling units that have less than five years remaining on the required
deed restriction OUSLiant to Section 138-22(W(4)b.
(h) Prior to the issuance of Certificate of Occupancy for a nonresidential structure that is more
than 10,000 square feet:
1. At least 50%(4,3,)of the required 86 workforce housing units must have received a]"emporary
Certificate ofOccupancy, and
2- All required 8,6 workforce housing units must have received approved foundation
inspections.
(i) All other provisions, of 'the Comprehensive Plan, "Favenfier Livable Communikeys Plan, the
"I"avernier Creek to Mile Marker 97 US Highway Corridor Development Standards and
2 Guidelines and the Land Development Code apply U11leSS expressly exempted herein.
3
4 Compatibility with surroundiLg area
BOCC SR 12.11.2024 Page 9 of 17
File 2022-054
5023
I As noted above,the Property is within the Suburban Commercial(SC)land use district and the Tavernier
2 Creek to Mile Marker 97 U.S. Highway 1 Corridor District Overlay (TC), established by LDC Section
3 130-128. All proposed development within the existing overlay must comply with the Tavernier Creek
4 to Mile Marker 97 U.S. Highway Corridor Development Standards and Guidelines, which are adopted
5 as part of Chapter 130 of the Land Development Code. The Property is also subject to the policies and
6 guidelines provided in the Tavernier Livable CommuniKeys Plan, which is adopted as part of the
7 County's Comprehensive Plan.
8 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
9
10 Traffic Circulation (Comprehensive Plan Policy 301.1.1)
11 Due to the specificity of the proposed development through this application and concurrent applications,
12 Staff requested that a Level III Traffic Study be submitted, reviewed and approved before the proposed
13 text amendment(File 2022-053)be considered by the Planning Commission. A Level III Traffic Study
14 was initially received by Staff on November 10, 2022,updated in February 2023, May 2023,November
15 2023, and again February, 2024. The Study and subsequent revisions have been forwarded to the
16 County's Transportation Consultant(AECOM)for review, with the most recent review comments dated
17 January 26, 2024.
18
19 Based on the trip generation numbers provided in the submitted Revised Traffic Study, it appears the
20 daily trip generation is as follows:
21
22 ITE Code 220: 86 units * 6.02= 518 daily trips
23 ITE Code 850: (49,340 SF/1000) * 97.77 =4,824 daily trips
24 ITE Code 899: (2,100 SF/1000) * 107.21 = 225 daily trips
25
26 Total= 5,567 daily trips (without excluding pass-by trips)
27
28 The Property is located on Tavernier at approximate mile marker 92.5. The 2021 US 1 Arterial Travel
29 Time and Delay Study for Monroe County indicates levels of serve (LOS) of "A" for Segment 22
30 (Tavernier/Key Largo, mm 91.5-99.5), with 12,638 reserve trips. U.S. 1 is required to maintain a LOS
31 of"C" in order to support development. Pursuant to Policy 1401.4.9, the County maintains a database
32 to monitor capacity and reserve trips available..
33
34 At the time of any development approval on the site, traffic concurrency will be reviewed and must
35 maintain a LOS of "C" on Segment 22 of US1. In order to be in compliance with Monroe County
36 Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as Land
37 Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or sufficient evidence acceptable to
38 Monroe County that the potential trip generation does not exceed LOS C, must be provided prior
39 to issuance of a building permit for development of the subject property.
40
41 Potable Water(Comprehensive Plan Policy 701.1.21
42 Monroe County shall maintain land development regulations which provide a Concurrency Management
43 System (See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall
44 ensure that no certificate of occupancy or its functional equivalent will be issued for new development
45 unless adequate potable water supply, treatment, and distribution facilities needed to support the
46 development at the adopted level of service standards are available. [F.S. § 163.3177(3)(a)3., (6)(c); F.S.
47 § 163.3180(1)(b), (2), (3)(a)3., (6)(c)]
48
BOCC SR 12.11.2024 Page 10 of 17
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5024
I The proposed Overlay would not increase residential density nor commercial intensity and therefore is
2 not anticipated to adversely impact the LOS for potable water.
3
4 Solid Waste (Comprehensive Plan Policy 801.1.1)
5 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
6 September 30, 2024; thereby, providing the County with approximately one (1) more year of guaranteed
7 capacity for solid waste. The current contract has a 5-year extension, the County may choose to negotiate
8 a new contract with Waste Management for continued service. Currently, there is adequate capacity for
9 solid waste generation for the next 12 to 24 months. All commercial solid waste is handled by private
10 contract.
11
12 Sanitary Sewer(Comprehensive Plan Policy 901.1.1
13 The Property currently has a connection to Key Largo Wastewater Treatment District public sewer
14 system as evidenced by Monroe County Building Permit 412305084. Per Policy 901.1.1, the adopted
15 capacity LOS for sanitary sewer in Monroe County is 167 gpd/EDU. The proposed LUD Overlay would
16 not increase the maximum density nor intensity on the Property, which would not increase the required
17 flow.
18
19 The proposed LUD Map Amendment is not anticipated to adversely impact the LOSfor traffic,potable
20 water, solid waste and sanitary sewer.
21
22 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
23 THE TAVERNIER KEY LIVABLE COMMUNIKEYS PLAN AND THE MONROE COUNTY
24 LAND DEVELOPMENT CODE
25
26 A. As reflected in BOCC Ordinance No. 004-2024 and Commerce Amended Final Order No.
27 COM-24-020, the proposed amendment is not inconsistent with the Goals, Objectives and
28 Policies of the Monroe County 2030 Comprehensive Plan. Specifically:
29
30 Policy 101.5.6
31 The principal purpose of the Mixed Use/Commercial (MC)future land use category is to provide for
32 the establishment of mixed use commercial land use (zoning) districts where various types of
33 commercial retail and office may be permitted at intensities which are consistent with the community
34 character and the natural environment. Employee housing and commercial apartments are also
35 permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas
36 of mixed uses, which may include maritime industry, light industrial uses, commercial fishing,
37 transient and permanent residential, institutional,public, and commercial retail uses.
38
39 This future land use category is also intended to allow for the establishment of mixed use
40 development patterns, where appropriate. Various types of residential and nonresidential uses may
41 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
42 The County shall continue to take a proactive role in encouraging the preservation and enhancement
43 of community character and recreational and commercial working waterfronts.
44
45 *****
46 Policy 101.19.1
BOCC SR 12.11.2024 Page 11 of 17
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5025
I Monroe County shall develop, maintain, and update periodically, as appropriate, with public input,
2 the Livable CommuniKeys Community Master Plans. Community Master Plans will be maintained
3 in accordance with the following principles:
4
5 1.Each Community Master Plan will contain a framework for future development and
6 redevelopment including the designation of growth boundaries and future acquisition areas for
7 public spaces and environmental conservation;
8
9 2.Each Community Master Plan will include an Implementation Strategy composed of action items,
10 an implementation schedule, and a monitoring mechanism to provide accountability to
11 communities;
12
13 3.Each Community Master Plan will be consistent with existing Federal and State requirements and
14 overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met. While
15 consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030 Plan will be
16 updated and amended where appropriate;
17
18 4.Each Community Master Plan will be closely coordinated with other community plans and other
19 jurisdictions to ensure development or redevelopment activities will not adversely impact those
20 areas;
21
22 S.Each Community Master Plan will include appropriate mechanisms allowing citizens continued
23 oversight and involvement in the implementation of their plans. Through the Community Master
24 Plans,programs for ongoing public involvement, outreach, and education will be developed;
25
26 6.Each Community Master Plan will include a Capital Improvements program to provide certainty
27 that the provision of public facilities will be concurrent with future development;
28 7.Each Community Master Plan will contain an environmental protection element to maintain
29 existing high levels of environmental protection as required in the 2030 Comprehensive Plan;
30
31 8.Each Community Master Plan will include a community character element that will address the
32 protection and enhancement of existing residential areas and the preservation of community
33 character through site and building guidelines. Design guidelines for public spaces, landscaping,
34 streetscaping, buildings, parking lots, and other areas will be developed through collaborative
35 efforts of citizens, the Planning Department, and design professionals reinforcing the character of
36 the local community context;
37
38 9.Each Community Master Plan will include an economic development element addressing current
39 and potential diversified economic development strategies including tourism management. The
40 preservation and retention of valued local businesses, existing economies, and the development of
41 economic alternatives will be encouraged through the process;
42
43 lO.Each Community Master Plan will contain a Transportation Element addressing transportation
44 needs and possibilities including circulation, safe and convenient access to goods and services, and
45 transportation alternatives that will be consistent with the overall integrity of the transportation
46 system not resulting in negative consequences for other communities; and
47
48 11.Each Community Master Plan will be based on knowledge of existing conditions in each
49 community. The Planning Department will compile existing reports, databases, maps, field data,
BOCC SR 12.11.2024 Page 12 of 17
File 2022-054
5026
I and information from other sources supplemented by community input to document current
2 conditions; and
3
4 12.Each Community Master Plan will simplify the planning process providing clarity and certainty
5 for citizens, developers, and local officials by providing a transparent framework for a continuing
6 open dialogue with different participants involved in planning issues.
7
8 Policy 101.19.2
9 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
10 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
11 Plans have been completed in accordance with the principles outlined in this section and adopted by
12 the Board of County Commissioners:
13 *****
14 2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February
15 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated
16 by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent
17 to the term Objective in the Comprehensive Plan and the term Action Item is equivalent to the term
18 Policy; the meanings and requirements for implementation are synonymous. Adopted by Ordinance
19 002-2005.
20 *****
21 Policy 105.1.2
22 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys
23 Plans and its land development regulations which ensure that future uses and development are
24 compatible with scenic preservation and maintenance of the character of the casual island village
25 atmosphere of the Florida Keys.
26
27 B. As reflected in BOCC Ordinance No. 004-2024 and Commerce Amended Final Order No.
28 COM-24-020, the proposed amendment is not inconsistent with the Goals, Strategies and Action
29 Items, of the Tavernier Livable CommuniKeys Plan.
30
31 C. As reflected in BOCC Ordinance No. 004-2024 and Commerce Amended Final Order No.
32 COM-24-020, the amendment is not inconsistent with the Principles for Guiding Development for
33 the Florida Keys Area, Section 380.0552(7), Florida Statutes.
34
35 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
36 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
37 no specific provision shall be construed or applied in isolation from the other provisions.
38
39 (a) Strengthening local government capabilities for managing land use and development so that local government
40 is able to achieve these objectives without continuing the area of critical state concern designation.
41 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
42 wetlands, fish and wildlife, and their habitat.
43 (c) Protecting upland resources, tropical biological communities, freshwater wetlands,native tropical vegetation
44 (for example,hardwood hammocks and pinelands), dune ridges and beaches,wildlife, and their habitat.
45 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
46 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
47 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and ensuring
48 that development is compatible with the unique historic character of the Florida Keys.
49 (g) Protecting the historical heritage of the Florida Keys.
BOCC SR 12.11.2024 Page 13 of 17
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5027
I (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
2 investments,including:
3
4 1. The Florida Keys Aqueduct and water supply facilities;
5 2. Sewage collection, treatment, and disposal facilities;
6 3. Solid waste treatment, collection, and disposal facilities;
7 4. Key West Naval Air Station and other military facilities;
8 5. Transportation facilities;
9 6. Federal parks,wildlife refuges, and marine sanctuaries;
10 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
11 8. City electric service and the Florida Keys Electric Co-op; and
12 9. Other utilities, as appropriate.
13
14 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
15 replacement of stormwater management facilities;central sewage collection;treatment and disposal facilities;
16 and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
17 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
18 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
19 applicable, and by directing growth to areas served by central wastewater treatment facilities through permit
20 allocation systems.
21 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
22 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
23 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
24 manmade disaster and for a post disaster reconstruction plan.
25 (n) Protecting the public health,safety,and welfare of the citizens of the Florida Keys and maintaining the Florida
26 Keys as a unique Florida resource.
27
28 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
29 Principles for Guiding Development as a whole.
30
31 D. As reflected in BOCC Ordinance No. 004-2024 and Commerce Amended Final Order No.
32 COM-24-020,the proposed amendment is not inconsistent with the Part II of Chapter 163,Florida
33 Statute(F.S.). Specifically:
34
35 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status
36 set out in this act and that no public or private development shall be permitted except in conformity
37 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with
38 this act.
39
40 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
41 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
42 development of the area that reflects community commitments to implement the plan and its elements.
43 These principles and strategies shall guide future decisions in a consistent manner and shall contain
44 programs and activities to ensure comprehensive plans are implemented. The sections of the
45 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
46 and policies, shall describe how the local government's programs, activities, and land development
47 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
48 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations
49 in the comprehensive plan but rather to require identification of those programs, activities, and land
50 development regulations that will be part of the strategy for implementing the comprehensive plan
51 and the principles that describe how the programs, activities, and land development regulations will
52 be carried out. The plan shall establish meaningful and predictable standards for the use and
BOCC SR 12.11.2024 Page 14 of 17
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5028
I development of land and provide meaningful guidelines for the content of more detailed land
2 development and use regulations.
3
4 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in
5 conformity with this act, all development undertaken by, and all actions taken in regard to
6 development orders by, governmental agencies in regard to land covered by such plan or element
7 shall be consistent with such plan or element as adopted.
8
9 (b) All land development regulations enacted or amended shall be consistent with the adopted
10 comprehensive plan, or element or portion thereof, and any land development regulations existing at
11 the time of adoption which are not consistent with the adopted comprehensive plan, or element or
12 portion thereof,shall be amended so as to be consistent.If a local government allows an existing land
13 development regulation which is inconsistent with the most recently adopted comprehensive plan, or
14 element or portion thereof, to remain in effect, the local government shall adopt a schedule for
15 bringing the land development regulation into conformity with the provisions of the most recently
16 adopted comprehensive plan, or element or portion thereof. During the interim period when the
17 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the
18 land development regulations are inconsistent, the provisions of the most recently adopted
19 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an
20 application for a development order.
21
22 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
23 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be
24 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
25 development of lands and waters within an area. It is the intent of this act that the adoption and
26 enforcement by a governing body of regulations for the development of land or the adoption and
27 enforcement by a governing body of a land development code for an area shall be based on,be related
28 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
29
30 163.3202, F.S.—Land development regulations.-
31 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review
32 pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land
33 development regulations that are consistent with and implement their adopted comprehensive plan.
34 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land
35 development regulations.
36
37 E. Pursuant to LDC Section 102-158(d)(7)(b), the BOCC may consider the adoption of an
38 ordinance enacting the proposed map and text amendments to this Land Development Code based
39 on one or more of the following factors:
40
41 1. Changed projections (e.g., regarding public service needs) from those on which the text or
42 boundary was based;
43
44 Per the Applicant: No response provided.
45
46 2. Changed assumptions (e.g., regarding demographic trends);
47
48 Per the Applicant: No response provided.
49
50 3. Data errors,including errors in mapping,vegetative types and natural features described in
51 volume 1 of the plan;
52
BOCC SR 12.11.2024 Page 15 of 17
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5029
I Per the Applicant: No response provided.
2
3 4. New issues;
4
5 Per the Applicant: No response provided.
6
7 5. Recognition of a need for additional detail or comprehensiveness; or
8
9 Per the Applicant: "The proposed Overlay is based on a need for additional detail or
10 comprehensiveness. The current Code has provisions that encourage overlay districts to be created
11 to benefit and promote the character of the community in its development. Permitting the Overlay
12 furthers the objectives of the Code as it encourages the orderly development and construction of
13 commercial structures or buildings that fit with the architectural design and community character
14 of the Tavernier community. The Overlay encourages sound, attractive, and practical procedures
15 for the Tavernier community, and such provisions will result inflexible planning that benefits the
16 community the Overlay will serve.
17
18 On February 15, 2024, the BOCC approved Ordinance No. 004-2024 ("the Land Development
19 Code text amendment")which adopted a text amendment to the Land Development Code to newly
20 create LDC Section 130-143 in order to establish a "Tavernier Commercial Overlay District"
21 including purpose and intent,NROGO allocation standards,applicability,boundary,and maximum
22 development potential for those certain parcels located at 92501 Overseas Highway, Key Largo,
23 currently having Property ID Nos. 0089490-000000 and 00490250-000000.
24
25 In accordance with LDC Section 130-143, an amendment to the Official LUD Map of Monroe
26 County is required in order to apply the newly established Overlay District to the Property.
27 Approval of the proposed LUD Amendment is an additional detail that is needed in order to
28 establish consistency with LDC Section 130-143.
29
30 6. Data updates;
31
32 Per the Applicant: No response provided.
33
34 7. Consistency with the Comprehensive Plan and the principles for guiding development as
35 defined in Section 380.0552, Florida Statutes.
36
37 As reflected in BOCC Ordinance No. 004-2024 and Commerce Amended Final Order No. COM-
38 24-020, Staff has not found the proposed map amendment inconsistent with the Comprehensive
39 Plan and the principles for guiding development as defined in F.S. Section 380.0552.
40
41 (d.) In no event shall an amendment be approved which will result in an adverse community
42 change to the planning area in which the proposed development is located or to any area in
43 accordance with a livable communikeys master plan pursuant to findings of the board of county
44 commissioners [Ref. Code Section 102-158(d)(7)d.].
45
46 Per the Applicant: "There will be no adverse change to unincorporated Monroe County if the Overlay
47 is approved. As discussed herein, there are no increased concurrency, environmental, or practical
48 impacts associated with the increased NROGO permitted within the Overlay. All such development
BOCC SR 12.11.2024 Page 16 of 17
File 2022-054
5030
I will be required to at a minimum comply with level of service, concurrency, and performance
2 standards as set forth in the Code. "
3
4 As reflected in BOCC Ordinance No. 004-2024 and Commerce Amended Final Order No. COM-24-
5 020, it is not anticipated that the proposed amendment will result in an adverse community change to
6 Tavernier and the immediate area.
7
8 IV. PROCESS
9
10 Land Development Code Amendments may be proposed by the Board of County Commissioners, the
11 Planning Commission,the Director of Planning,private application, or the owner or other person having
12 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
13 shall review and process applications as they are received and pass them onto the Development Review
14 Committee and the Planning Commission.
15
16 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
17 the application, the reports and recommendations of the Department of Planning & Environmental
18 Resources and the Development Review Committee and the testimony given at the public hearing. The
19 Planning Commission shall submit its recommendations and findings to the Board of County
20 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
21 amendment, and considers the staff report, staff recommendation, Planning Commission
22 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
23 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
24
25 V. STAFF RECOMMENDATION
26
27 Staff recommends approval of the subject Land Use District Map Amendment applying the Tavernier
28 Commercial Overlay District adopted pursuant to BOCC Ordinance No. 004-2024 to the Property.
29
30 VIIL ATTACHED REFERENCES
31
32 1. DRC Resolution No. DRC 14-22
33 2. Draft BOCC Ordinance
34 3. BOCC Ordinance No. 004-2024
35 4. 11" X 17" Map Series LUD Amendment
36 5. State of Florida—Florida Department of Commerce Final Order No. COM-24-020
37 6. State of Florida—Florida Department of Commerce Amended Final Order No. COM-24-020
38
BOCC SR 12.11.2024 Page 17 of 17
File 2022-054
5031
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