HomeMy WebLinkAboutItem R5 R5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
January 15, 2025
Agenda Item Number: R5
2023-3499
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
to the State Land Planning Agency an Ordinance Amending the Monroe County Future Land Use Map
("FLUM") from Residential Medium("RM") to Commercial("COMM") for Property Located at 24150
Overseas Highway, Summerland Key, More Particularly Described as a Portion of Lot 1, Dobies
Subdivision, According to the Plat Thereof, Recorded at Plat Book 2, Page 95, Official Records of
Monroe County, and a Portion Of Lot 21, Block 2, Summerland Cove, Addition 2, According to the
Plat Thereof, Recorded at Plat Book 4, Page 100, Official Records of Monroe County, Currently
Having Property Identification Number 00190940-000200, as Requested by Maciej Jarzebowski.
ITEM BACKGROUND:
On May 29, 2024, the Monroe County Planning and Environmental Resources Department received an
amended application from Spottswood, Spottswood, Spottswood, and Sterling PLCC, on behalf of
Maciej Jarzebowski (the "Applicant"), requesting to amend the Monroe County Future Land Use Map
("FLUM") from Residential Medium("RM") to Commercial("COMM") for property located at 24150
Overseas Highway, Summerland Key, ("Subject Property" or the"Property") currently having Monroe
County Property Appraiser's Office Property Identification Number("Parcel ID No.") 00190940-
000200.
See professional staff report for complete analysis.
PREVIOUS RELEVANT BOCC ACTION:
On July 22, 2019, the Monroe County Planning & Environmental Resources Department approved a
plat Lot Line Adjustment of the common lot lines shared between Lots 21 , Block 2, Summerland Key
Cove Addition No. 2 (PB4-I00) and Lot I, Amended Plat of Dobie's Subdivision (PB2- 135), having
Parcel ID No. 00190940- 000000; Lot 2, Amended Plat of Dobie's Subdivision (PB2-135), having
Parcel ID No. 00188710-000000; and Lot 3, Amended Plat of Dobie's Subdivision (PB2-135), having
Parcel ID No. 00188720-000000.
3258
On May 17, 2023, the Monroe County Board of County Commissioners ("BOCC") approved Ordinance
No. 0 10-2023 which amended the Tier Map Overlay designation for the subject property identified as
currently bearing Parcel ID No. 00190940-000200 to be amended from Tier 111-A ("SPA") to Tier 111.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: The Monroe County Planning & Environmental Resources
Department professional staff recommend approval of this proposed Future Land Use Map ("FLUM")
Amendment.
DOCUMENTATION:
Exhibit I to Ordinance
Jarzebowk-si FLUM—Amendment I I x I 7_Map.pdf
Professional Staff Report (Jarzebowski).pdf
BOCC Transmittal Resolution.pdf
Exhibit—A—to—Resolution---Ordinance.pdf
FINANCIAL IMPACT:
n/a
3259
Exhibit 1 to Ordinance # - 2025
OVERSEAS HWY
OVERSEAS HWY
•0° 0 000
Property ID Number(s):
00190940-000200
The Monroe County Future Land Use District is amended
as indicated above.
Future Land Use change of one parcel of land in Summerland Key from Residential
� Medium (RM) to Commercial (COMM). N
W E
S
3260
Date:6/13/2024
� � IIIIIIII �
I z
o
ra
r
ara
III
iv
ii
ldfirMY W i� suit/nr I fr/ /
r"
41 0 9 v
W > o o a z
06 E v
M
bQ
c N N E O �` Z
O p o
•� O In o
Q a o
d F 9 Y Q d 2 8
ra
/ f p
it f
i oy
r
O O
I 4i�11
0)
L.
w
ON
LL
�uauapuauad asp puel aininj AunoD aoauow / J
2
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, A.LC.P.,i C.F.M., Senior Director, Monroe County Planning and
10 Environmental Resources Department
11
12 From: Barbara Powell, Planning Policy Advisor, Monroe County Planning and Environmental
13 Resources Department
14
15 Date: December 19, 2024
16
17 Subject: A Public Hearing to Consider Approval of a Resolution Transmitting to the State Land
18 Planning Agency an Ordinance Amending the Monroe County Future Land Use Map
19 ("FLUM") from Residential Medium ("RM")to Commercial ("COMM") for Property
20 Located at 24150 Overseas Highway, Summerland Key, as requested by Maciej
21 Jarzebowski.3
22
23 Meeting: January 15, 2025
24
25 I. REQUEST
26
27 On or about May 29, 2024, the Monroe County Planning and Environmental Resources Department
28 received an amended application from Spottswood, Spottswood, Spottswood, and Sterling PLCC, on
29 behalf of Maciej Jarzebowski (the "Applicant"), requesting to amend the Monroe County Future Land
30 Use Map ("FLUM") from Residential Medium ("RM") to Commercial ("COMM") for property located
31 at 24150 Overseas Highway, Summerland Key, (the "Property") currently having Monroe County
32 Property Appraiser's Office property identification number("Parcel ID No.") 00190940-000200.
33
34 The Applicant has also requested a corresponding Land Use District ("LUD") Map amendment from
35 Improved Subdivision ("IS")to Commercial 1 ("C1").
36
37
i American Institute of Certified Planners(A.I.C.P.)Certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No. 2024-030.
lof14
3262
I
j ( V
�� of i I i� li I A� nliE i I i IIII ��
i
FEW
aril
Existing FLUM Designation Proposed FLUM Designation
1
2
3 II. BACKGROUND INFORMATION:
4 Site Information:
5 Location: Mile Marker(MM) 24, Summerland Key.
6 Addresses: 24150 Overseas Highway.
7 Description: A portion of Lot 1, Dobie's Subdivision, according to the Plat thereof, recorded at Plat
8 Book 2, Page 95, Official Records of Monroe County, and a portion of Lot 21, Block 2, Summerland
9 Key Cove Addition No. 2, according to the plat thereof, recorded at Plat Book 4, Page 100, Official
10 Records of Monroe County.
11 Parcel ID No.: 00190940-000200.
12 Boundary: Affected parcel is outlined in black in the images above.
13 Applicant: Maciej Jarzebowski.
14 Agent: Spottswood, Spottswood, Spottswood, and Sterling PLCC.
15 Size of Properties (Cumulative): 18,844.46 square feet ("S.F.") of upland area per survey by Florida
16 Keys Land Surveying, signed-and-sealed by Eric A. Saacs, surveyed on February 23, 2022.
17 Future Land Use Map ("FLUM") Designation: Residential Medium ("RM"), pending application to
18 amend to Commercial ("COMM").
19 Land Use District ("LUD") Designation: Improved Subdivision ("IS"), pending application to amend
20 to Suburban Commercial ("SC").
21 Tier Designation: I11.
22 Flood Zone: AE10 and AEI 1.
23 CBRS: No.
24 Existing Permitted Use: Vacant Land.
25 Existing Vegetation/Habitat: Undeveloped Land.
26 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
27 residential, commercial, and public uses.
28
29 The Applicant wrote the following representations in the application as the basis for its request for this
30 future land use map ("FLUM") amendment:
2of14
3263
I "The property is directly on US Highway I and immediately adjacent to developed commercial uses. With
2 this location characteristic. It is not suitable for residential purposes. . . The availability of residential
3 ROGO allocation is uncertain in the future. "
4
5 Concurrent Applications: Land Development Code Map Amendment
6
7 Monroe County Planning and Environmental Resources Department File No. 2024-031: A corresponding
8 Land Development Code ("LDC" or"Code") Land Use District("LUD")map amendment for the subject
9 property requesting to amend the LUD from Improved Subdivision ("IS")to Commercial 1 ("C1").
10
11 Community Meeting and Public Participation
12 In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual
13 meeting was held on August 26, 2024, to discuss the requested FLUM amendment and corresponding
14 Land Use District ("LUD") Map amendments and to provide for public participation. There were two
15 speakers and one attorney representing a speaker. The adjacent property owner expressed concern about
16 a Commercial development close to his guesthouse and spoke about an ongoing trespassing issue with a
17 different adjacent property. Another speaker expressed concern about commercial uses near residential.
18
19 Development Review Committee (DRO Meeting and Public Input
20 On September 24, 2024, the Development Review Committee Meeting considered the proposed
21 amendment and provided for public input. Issues similar to those raised at the community meeting were
22 again raised.
23
24 Planning Commission Meeting and Public Input
25 On October 23, 2024, the Planning Commission met and considered the proposed amendment and
26 provided for public input. Van Fischer, representing the property adjacent to the subject property, stated
27 that the property owners are concerned about negative effects to property value and potential disturbance
28 from whatever activities may take place.
29
30 Monroe County Planning and Environmental Resources Department professional staff noted that the
31 Monroe County Land Development Code provides that properties zoned Commercial 1 adjoining
32 properties zoned Improved Subdivision are required to install a Class D buffer (LDC Section 114-126. —
33 District Boundary Buffers).
34
35 A Class D landscape buffer can be 20 feet or as little as 16 feet with a solid fence. The new use would be
36 responsible for the buffer.
37
38 Previous Relevant BOCC Action
39 On July 22, 2019, the Monroe County Planning & Environmental Resources Department approved a plat
40 Lot Line Adjustment of the common lot lines shared between Lots 21 , Block 2, Summerland Key Cove
41 Addition No. 2(PB4-I00)and Lot I, Amended Plat of Dobie's Subdivision(PB2- 135),having Parcel ID
42 No. 00190940- 000000; Lot 2, Amended Plat of Dobie's Subdivision (PB2-135), having Parcel ID No.
43 00188710-000000; and Lot 3, Amended Plat of Dobie's Subdivision (PB2-135), having Parcel ID No.
44 00188720-000000.
45
3of14
3264
I On May 17, 2023 the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
2 County", or the "County") approved Ordinance No. 010-2023 which amended the Tier Map Overlay
3 designation for the subjectproperty identified as currently bearing Parcel ID No. 00190940-000200 to be
4 amended from Tier III-A ("SPA")to Tier III.
5
6 III.AMENDMENT REVIEW:
7
8 FLUMCalegoa Comparisons
9
10 Existing
11 Policy 101.5.3:
12 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
13 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and
14 to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have
15 an approved potable water supply, and have sufficient uplands to accommodate the residential uses.
16 Development on vacant land within this land use category shall be limited to one residential dwelling unit
17 for each such platted lot or parcel which existed on or before January 4, 1996.
18
19 Proposed
20 Policy 101.5.8:
21 The principal purpose of the Commercial (COMM) future land use category is to provide for the
22 establishment of commercial zoning districts where various types of commercial retail; highway-oriented
23 sales and services; commercial recreation; light industrial; public, institutional and office uses may be
24 permitted at intensities which are consistent with the community character and the natural environment.
25 The commercial zoning districts established within this category are intended to serve the immediate
26 vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or
27 permanent residential development.
28
29 In order to protect environmentally sensitive lands, the following development controls shall apply to all
30 Tier I lands within this land use category:
31 1. only low intensity commercial uses shall be allowed; and
32 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
33
34 Maximum Density and IntensiLr by Land Use District
35 The table below provides a comparison of the development potential for residential, transient and
36 commercial development of the Properties under the existing Land Use (zoning) District and FLUM
37 category as compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the
38 Land Development Code states: "The density and intensity provisions set out in this section are intended
39 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
40 example, if a development includes both residential and commercial development,the total gross amount
41 of development shall not exceed the cumulated permitted intensity of the parcel proposed for
42 development."
43
44
45
4 of 14
3265
Maximum Development Potential by FLUM Designation and Land Use District (Zoning)
Existing Type Adopted Development Potential
Zoning/FLUM Standards
Improved Market Rate Allocated 1.0 du/lot 1 du
Subdivision (IS)/ Density
TDR/Market Rate 0 0 du
Residential Residential Max. Net
Medium (RM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 18,844.46 Transient Allocated 0 0 du
Square Feet Density
(S.F.) /0.43 Transient Max. Net Density 0 0 du
Acres Nonresidential Uses 0 0 s.f.
Proposed Type Adopted Development Potential
Zonin /FLUM Standards
Commercial 1/ Market Rate Allocated 0 0 du
(Cl) Density
TDR/Market Rate 0 0 du
Commercial Residential Max. Net
(COMM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 18,844.46 Transient Allocated 0 0 du
Square Feet Density
(S.F.) /0.43 Transient Max. Net Density 0 0 du
acres Nonresidential Uses 0.15-0.40 FAR 2,826.67 s.£- 7,537.78 s.f.
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density -1 du
Cumulative TDR/Market Rate Residential Max. Net n/a
Properties Density
Based on Affordable Residential Max. Net Density n/a
FLUM/LUD
Amendments Transient Allocated Density n/a
Transient Max. Net Density n/a
Nonresidential Uses + 2,826.67 s.f.- 7,537.78 s.f.
1
5of14
3266
I As shown in the orange portion of the above table,the proposed FLUM amendment(from RM to COMM)
2 with the C1 LUD would result in a decrease of allocated market rate density and an increase in
3 nonresidential intensity. The transferable development right("TDR")/market rate residential maximum
4 net density, affordable residential maximum net density, and transient density would remain at 0.
5
6 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
7 LDC Section 138-49.
8
9 The total amount of new nonresidential floor area that could be constructed on either of the Properties
10 would be dependent on the size of the property to be developed and the actual use proposed. Below is a
11 table detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1
12 LUD in accordance with LDC Section 130-164.
13
Use within Commercial 1 0 Maximum Floor Area Ratio
Low Intensity Commercial Retail or Restaurant 0.35
Medium Intensity Commercial Retail or Restaurant 0.25
High Intensity Commercial Retail or Restaurant 0.15
Office 0.40
Light Industrial 0.30
Institutional 0.30
Public Buildings/Uses 0.30
Commercial Recreation 0.25
14
15 Compliance with Comprehensive Plan Policy 101.5.26
16 The proposed FLUM amendment from RM to COMM results in a decrease of residential allocated density
17 on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
18
19 Compatibility with the Surrounding Area
20 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
21 b. Existing Tier Designation: III, Tier I properties across US 1
22 c. Number of Listed Endangered or Threatened Species: 0
23 d. Existing Use: Vacant
24 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
25 residential, restaurant, commercial, and public uses
26
27 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
28 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
29 does not result in a reduction of the level-of-service requirements established and adopted by this
30 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
31 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
32 can be reasonably met.
33
34 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
35 The Properties are located on Overseas Highway/U.S. 1 on Summerland Key at approximate mile marker
36 24.Pursuant to the Comprehensive Plan,the level of service standard for US 1 is Level of Service("LOS")
37 of"C." According to the adopted 2021 U.S. 1 Arterial Travel Time and Delay Study ("ATTDS"), U.S.
6of14
3267
I Highway 1 ("U.S. 1") overall is operating at a LOS of"C" and Segment 7 on Summerland Key (MM 23.0
2 to MM 25.0)is operating at a LOS of`B."
3
4 At the time of development approval, a trip generation analysis will be required to be submitted in order
5 to verify sufficient roadway capacity. According to the 2021 U.S. 1 Arterial Travel Time and Delay Study,
6 the maximum reserve volume for Segment 7 is 2,040 trips.
7
8 Potable Water (Comprehensive Plan Policy 7011.1)
9 Florida Keys Aqueduct Authority's (FKAA's) water treatment facility in Florida City has a maximum
10 water treatment design capacity of 29.8 million gallons per day ("MGD") and is capable of treating up to
11 23.8 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
12
13 The proposed FLUM amendment would decrease permanent allocated residential density beyond what is
14 already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS for
15 potable water.
16
17 Solid Waste (Comprehensive Plan Policy 801.1.1)
18 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
19 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
20 waste is handled by private contract.
21
22 Sanitary Sewer (Comprehensive Plan Policy 901.1.1
23 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
24 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
25 nonresidential flow is 167 gallons per day per equivalent dwelling unit ("EDU"). The proposed FLUM
26 amendment would decrease the permanent allocated residential density. The combined average flows of
27 the Cudjoe Regional Wastewater Treatment System are 620,000 GPD, whereas the plant capacity is
28 940,000 GPD.4 Any proposed development on the site will either need to connect to the Cudjoe Regional
29 Wastewater Treatment District central sewer system or provide on-site sewage treatment and disposal that
30 meets the LOS standards in Policy 901.1.1.
31
32 The proposed FLUMamendment is not anticipated to adversely impact the LOSfor traffic,potable water,
33 solid waste nor sanitary sewer.
34
35
36
37
38
39 [The remainder of this page has been intentionally left blank.]
40
41
42
43
4 FINAL—2023-2024 Lower East Coast Water Supply Plan Update I Appendix E-46.
7of14
3268
I IV. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT IN THE
2 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN,MONROE COUNTY
3 COMPREHENSIVE PLAN,LOWER KEYS LIVABLE COMMUNIKEYS PLAN,AND
4 MONROE COUNTY LAND DEVELOPMENT CODE:
5
6 The State of Florida has by administrative rule and statutorily designated Monroe County the State's only
7 countywide Area of Critical State Concern ("ACSC"). Fla. Admin. Code R. 28-29.002; Florida Statutes §
8 380.0552(3).
9
10 The State by administrative rule requires that all "development" in Monroe County"shall"be consistent
11 with the Comprehensive Plan. Fla. Admin. Code R. 28-20.019(5) (emphasis added).
12
13 The Monroe County Comprehensive Plan requires that all "development" must be consistent with the
14 State's statutory Principles for Guiding Development in the Florida Keys Area of Critical State Concern.
15 Introduction,Monroe County Comprehensive Plan("[A]ll planning and development within the Florida
16 Keys must be consistent with Sections 380.05 and 380.0552(7), F.S., Principles for Guiding
17 Development.") (emphasis added).
18
19 Therefore, all"development"in Monroe County"must"be consistent with the State's statutorily adopted
20 Principles for Guiding Development in the Florida Keys Area of Critical State Concern.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
8of14
3269
I A. The Subject Amendment Is Consistent with the Goals, Objectives and Policies of the Monroe
2 County Comprehensive Plan. Specifically,it furthers:
3
4 Goal 101
5 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
6 residents and visitors, and protect valuable natural resources.
7
8 Objective 101.4
9 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
10 the needs of the future population of Monroe County.
11
12 Policy 101.4.1
13 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
14 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
15 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
16 development available within the County to maintain a maximum of 47,083 square feet of floor area
17 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
18 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
19 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
20 Reef planned development (Future development in the Ocean Reef planned development is based
21 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
22 by the Department of Community Affairs).
23
24 Objective 101.5
25 Monroe County shall regulate future development and redevelopment to maintain and enhance the
26 character of the community and protect natural resources by providing for the compatible distribution
27 of land uses consistent with the designations shown on the Future Land Use Map.
28
29 Policy 101.5.8
30 The principal purpose of the Commercial (COMM) future land use category is to provide for the
31 establishment of commercial zoning districts where various types of commercial retail; highway-
32 oriented sales and services; commercial recreation; light industrial;public, institutional and office uses
33 may be permitted at intensities which are consistent with the community character and the natural
34 environment. The commercial zoning districts established within this category are intended to serve
35 the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
36 accommodate transient or permanent residential development.
37
38 In order to protect environmentally sensitive lands, the following development controls shall apply to
39 all Tier I lands within this land use category:
40
41 1. only low intensity commercial uses shall be allowed; and
42 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
43
44 Policy 101.5.25
45 Monroe County hereby adopts the following density and intensity standards for the future land use
46 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
9of14
3270
Future Land Use Densities and Intensities
Residential(i) Nonresidential Minimum
Future Land Use Open Space
Category and Maximum Net DensityRatio(0
Corresponding Allocated Density ca) (a)(b) Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
Commercial 0 du N/A 0.15-0.50 0.20
(COMM) 0 rooms/spaces N/A
(CI and C2
zoning)
1
2 Policy 101.5.26
3 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
4 promote the reduction in overall County residential density and the preservation of Monroe County's
5 native habitat by enacting legislation which implements the following policy statements for private
6 applications for future land use map amendments which increase allowable residential allocated
7 density. Private application(s) means those applications from private entities with ownership of the
8 upland development and parcel(s) of land or includes private upland development on County-owned
9 land.
10
11 Per the Applicant:
12
13 The current density for the parcel is I unit per lot. With the change to COMMthere is no
14 allowed residential density of any type. Therefore, this change of land use district will not
15 change the overall density in the County and therefore Policy 101.5.26 requirements for
16 offsetting density decreases elsewhere is not triggered.
17
18 Objective 101.19
19 Monroe County shall address local community needs while balancing the needs of all Monroe County
20 communities. These efforts shall focus on the human crafted environment and shall be undertaken
21 through the Livable CommuniKeys Planning Program.
22
23 Policy 101.19.2
24 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
25 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
26 have been completed in accordance with the principles outlined in this section and adopted by the
27 Board of County Commissioners:
28
29 6. The Lower Keys Livable CommuniKeys Plan is incorporated by reference into the Monroe
30 County Comprehensive Plan. Adopted By Ordinance 031-2012.
31
32 Goal102
33 Monroe County shall direct future growth to lands which are most suitable for development and shall
34 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
35 tropical hardwood hammock).
36
10 of 14
3271
I Objective 102.3
2 Monroe County shall maintain land development regulations which will direct new development to
3 areas having appropriate topography and soil conditions and to where site disturbance and man's
4 activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
5 and marine resources.
6
7 Objective 105.1
8 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
9 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
10 processes to preserve the natural environment, maintain and enhance the community character and
11 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
12 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
13
14 Policy 105.1.3
15 Monroe County shall, through its development standards and Land Development Code, continue to
16 foster the retention and redevelopment of small businesses on the U.S.1.
17
18 B. The Subject Amendment Is Consistent with the Lower Keys Livable CommuniKeys Plan
19 Specifically it furthers:
20
21 Goal 1
22 Monroe County shall manage future growth to preserve the rural or low density community character,
23 protect the natural environment of the Lower Keys, and maintain and encourage commercial
24 revitalization along the U.S. 1 corridor. Community character includes the cultural/traditional heritage,
25 physical character, and scale of the businesses that serve the local community in the Lower Keys area.
26
27 Objective 1.1
28 Monroe County shall continue to manage the rate of residential and non-residential growth in the
29 Lower Keys to maintain adequate levels of service and ensure a balance of land use to serve the
30 existing and future population. Use of the Tier System as the primary means to conserve natural areas,
31 focus state and county acquisition programs, manage growth in transition areas, and guide
32 development to areas most appropriate for new infill development and redevelopment.
33
34 Policy Item 1.1.1:
35 Monroe County is recommended to conduct an analysis, as part of the Comprehensive Plan Update,
36 to determine the Lower Keys"fair share" of projected residential and non-residential growth based on
37 assessments of the availability of appropriate sites for development (vacant, unconstrained lots in
38 improved subdivisions, vacant sites along U.S. 1, and developed properties deemed appropriate or
39 prone to redevelopment), the existing and projected demand for commercial services, and the
40 community's desire to support and improve existing businesses that serve the local community.
41
42 Objective 1.4
43 Monroe County shall encourage programs and initiatives to promote the retention of existing and the
44 creation of new businesses along the U.S. 1 Corridor that serve the local community.
45
46
11 of 14
3272
I Policy Item 1.4.4:
2 To protect the viability of existing businesses and prevent additional strip commercial development
3 along U.S. 1, Monroe County is encouraged to not support the designation of new commercial land
4 use districts outside areas currently designated Mixed Use/Commercial on the Future Land Use Map.
5 Changes in the existing boundaries of the Mixed Use/Commercial land use category may only occur
6 as part of the Community Center designation process.
7
8 Objective 1.5
9 Monroe County shall conduct an evaluation to determine the extent of areas along the U.S. 1 corridor
10 for compact mixed use development and prepare changes in policy and land development regulations
11 to encourage appropriate investment, conserve natural areas, support businesses that serve the local
12 community, and ensure compatibility with adjacent residential areas.
13
14 Policy Item 1.5.1:
15 The following areas designated as Mixed Use Commercial on the FLUM may be evaluated to
16 determine their potential for designation as Community Centers.
17 • Lower Sugarloaf Key (MM 16-17)
18 • Cudjoe Key (MM 22-23)
19 • Summerland Key (MM 24-25)
20 • Ramrod Key (MM 26.5-27.5)
21
22 C. For Text Amendments to the Comprehensive Plan and Future Land Use Map (FLUM)
23 Amendments, the BOCC Must Also Consider the Analyses Identified in Chapter 163, Florida
24 Statutes, and Must Find That the Amendment is Consistent with the Principles for Guiding
25 Development in the Florida Keys Area of Critical State Concern (Section 380.0552, Florida
26 Statutes).
27
28 For the purpose(s) of reviewing consistency of the adopted Plan or any amendments to that Plan with
29 the Principles for Guiding Development and any amendments to the Principles,the Principles shall be
30 construed as a whole and no specific provision shall be construed or applied in isolation from the other
31 provisions.
32
33 (a) Strengthening local government capabilities for managing land use and development so that
34 local government is able to achieve these objectives without continuing the area of critical state
35 concern designation.
36 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
37 seagrass beds, wetlands, fish and wildlife, and their habitat.
38 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
39 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
40 beaches, wildlife, and their habitat.
41 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
42 development.
43 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
44 Keys.
12 of 14
3273
I (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
2 environment, and ensuring that development is compatible with the unique historic character
3 of the Florida Keys.
4 (g) Protecting the historical heritage of the Florida Keys.
5 (h) Protecting the value,efficiency, cost-effectiveness, and amortized life of existing and proposed
6 major public investments, including:
7 1. The Florida Keys Aqueduct and water supply facilities;
8 2. Sewage collection, treatment, and disposal facilities;
9 3. Solid waste treatment, collection, and disposal facilities;
10 4. Key West Naval Air Station and other military facilities;
11 5. Transportation facilities;
12 6. Federal parks, wildlife refuges, and marine sanctuaries;
13 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
14 properties;
15 8. City electric service and the Florida Keys Electric Co-op; and
16 9. Other utilities, as appropriate.
17 (i) Protecting and improving water quality by providing for the construction, operation,
18 maintenance, and replacement of stormwater management facilities; central sewage collection;
19 treatment and disposal facilities; and the installation and proper operation and maintenance of
20 onsite sewage treatment and disposal systems.
21 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
22 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
23 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
24 treatment facilities through permit allocation systems.
25 (k) Limiting the adverse impacts of public investments on the environmental resources of the
26 Florida Keys.
27 (1) Making available adequate affordable housing for all sectors of the population of the Florida
28 Keys.
29 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
30 a natural or manmade disaster and for a postdisaster reconstruction plan.
31 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
32 maintaining the Florida Keys as a unique Florida resource.
33
34 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
35 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
36
37 D. In no event shall an amendment be approved which will result in an adverse change in
38 community character to the sub-area which a proposed amendment affects or to any area in
39 accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
40
41 Per the Applicant: "The Livable CommuniKeys Plan recognizes the commercial areas immediately
42 next door that contain the offices and labs of the Mote Marina Institute which may be a potential user
43 of any facility that could be developed with a change to SC[CI]5 zoning. This change of destination
44 supports the CommuniKeys goal of further limiting the residential density of the Lower Keys. "
s The original application proposed amending the future land use map("FLUM")designation from Residential Medium
("RM)"to Mixed Use/Commercial("MC")and land use district("LUD")map amendment from Improved Subdivision
13 of 14
3274
1
2 Monroe County Planning and Environmental Resources Department professional staff do not
3 anticipate that approval of the proposed amendment of the FLUM to result in an adverse change in
4 community character to the sub-area which the proposed amendment affects. The Applicant and record
5 as a whole preponderantly demonstrates that this amendment shall not result in an adverse change in
6 community character to this sub-area for which the instant amendment is requested nor to any area in
7 accordance with the subject Livable CommuniKeys Plan ("LCP").
8
9 V. PROCESS:
10
11 Any landowner or other person having a contractual interest in property desiring to petition the Board of
12 County Commissioners (BOCC) for an amendment to the land use district("LUD") map, overlay district
13 map or future land use map ("FLUM") shall be required to file an application with the Planning Director
14 accompanied by a nonrefundable application fee as established from time to time by the BOCC to defray
15 the actual cost of processing the application. After receipt, the Planning Director and his or her staff shall
16 review the proposed amendment and present it with a recommendation of approval or denial to the
17 Development Review Committee for review and comment. Monroe County Planning and Environmental
18 Resources Department professional shall make a recommendation to the Planning Commission.
19
20 The Monroe County Planning Commission shall review the application, the professional reports and
21 recommendations of the Monroe County Planning and Environmental Resources Department, the
22 comments of the Development Review Committee, and the testimony given at the public hearing, and
23 shall submit its recommendations and findings to the BOCC.
24
25 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
26 Environmental Resources Department professional staff, and the testimony given at the public hearings.
27
28 VII.MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
29 PROFESSIONAL STAFF RECOMMENDATION:
30
31 Monroe County Planning and Environmental Resources Department professional staff recommend that
32 the BOCC approve the Applicant's requested future land use map("FLUM")amendment from Residential
33 Medium ("RM")to Commercial ("COMM")for the subject property located at 24150 Overseas Highway
34 Summerland Key.
35
36 VIII. EXHIBITS:
37
38 1. 11" X 17" Map Series FLUM Amendment
39 2. Transmittal Resolution
40 3. Draft Ordinance
("IS")to Suburban Commercial("SC").The Applicant amended/modified the application on May 29,2024,to Commercial
FLUM designation and Commercial 1 zoning designation.
14 of 14
3275
2 IPA y
3
4S`+hk as w
5
7 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. -2025
11
12 A RESOLUTION TRANSMITTING TO THE STATE LAND PLANNING
13 AGENCY AN ORDINANCE AMENDING THE MONROE COUNTY
14 FUTURE LAND USE MAP(FLUM)FROM RESIDENTIAL MEDIUM(RM)
15 TO COMMERCIAL (COMM), FOR PROPERTY LOCATED AT 24150
16 OVERSEAS HIGHWAY, SUMMERLAND KEY, MORE PARTICULARLY
17 DESCRIBED AS A PORTION OF LOT 1, DOBIE'S SUBDIVISION,
18 ACCORDING TO THE PLAT THEREOF, RECORDED AT PLAT BOOK
19 2, PAGE 95, AND A PORTION OF LOT 21, BLOCK 2, SUMMERLAND
20 COVE, ADDITION 2, ACCORDING TO THE PLAT THEREOF,
21 RECORDED AT PLAT BOOK 4, PAGE 100, OFFICIAL RECORDS OF
22 MONROE COUNTY, CURRENTLY HAVING MONROE COUNTY
23 PROPERTY APPRAISER'S OFFICE PROPERTY IDENTIFICATION
24 NUMBER 00190940-000200, AS REQUESTED BY MACIEJ
25 JARZEBOWSKI; PROVIDING FOR SEVERABILITY; PROVIDING FOR
26 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
29 MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
30 TO THE FLUM; AND PROVIDING FOR AN EFFECTIVE DATE.
31
32
33 WHEREAS, the State of Florida has by administrative rule and statutorily designated
34 Monroe County the State's only countywide Area of Critical State Concern pursuant to Florida
35 Administrative Code Rule 28-29.002 and Florida Statutes § 380.0552(3); and
36
37 WHEREAS, the State by administrative rule, pursuant to Florida Administrative Code
38 Rule 28-20.019(5), requires that all "development" in Monroe County "shall" be consistent with
39 the Monroe County Comprehensive Plan; and
40
41 WHEREAS,the Monroe County Comprehensive Plan,by and through its requirement that
42 "all planning and development within the Florida Keys must be consistent with Sections 380.05
43 and 380.0552, F.S., Principles for Guiding Development", requires that all "development" must
44 be consistent with the State's statutory Principles for Guiding Development in the Florida Keys
45 Area of Critical State Concern; and
46
47 WHEREAS, accordingly, all"development"in Monroe County"must"be consistent with
48 the State's statutorily adopted Principles for Guiding Development in the Florida Keys Area of
49 Critical State Concern; and
1 of 3
3276
50 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
51 "Monroe County", or the"County") conducted a public hearing for the purpose of considering the
52 transmittal pursuant to the State Coordinated Review Process in Section 163.3184(4), Florida
53 Statutes, to the State Land Planning Agency for objections, recommendations and comments, and
54 to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), Florida Statutes, for review
55 and comment on a proposed amendment to the Monroe County Comprehensive Plan as described
56 above; and
57
58 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
59 County Commissioners support the transmittal of the requested Future Land Use Map ("FLUM")
60 amendment;
61
62 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
63 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
64
65 Section 1. Recitals. The foregoing findings of fact and conclusions of law are true and correct
66 and are hereby incorporated as if fully stated herein.
67
68 Section 2. The Monroe County BOCC accepts all of the analysis, findings of fact, and
69 conclusions of law in the December 19, 2024-dated Monroe County Planning and
70 Environmental Resources Department professional staff report accompanying this
71 BOCC agenda item stating that it is for meeting date January 15, 2025,provided to
72 the Board by and through Senior Director Emily Schemper, A.LC.P.,i C.F.M.,' and
73 Planning Policy Advisor Barbara Powell, and hereby adopts all of the analysis,
74 findings of fact, and conclusions of law in the Department's professional staff
75 report as the BOCC's own analysis, findings of fact, and conclusions of law, and
76 incorporates said professional staff report as if fully set forth herein.
77
78 Section 3. The Monroe County Board of County Commissioners does hereby concur and
79 adopt the recommendation of the Monroe County Planning Commission to transmit
80 the draft ordinance, attached as Exhibit A. hereto and which is hereby incorporated
81 as if fully stated herein, for review of the proposed FLUM amendment.
82
83 Section 4. The Board of County Commissioners does hereby transmit the proposed
84 amendment to the State Land Planning Agency for review and comment in
85 accordance with the State Coordinated Review process pursuant to Section
86 163.3184(4), Florida Statutes.
87
88 Section 5. The Monroe County professional staff is given authority to prepare and submit the
89 required transmittal letter and supporting documents for the proposed amendment
90 in accordance with the requirements of Section 163.3184(4), Florida Statutes.
91
92 Section 6. The Clerk of the Board is hereby directed to forward a certified copy of this
93 Resolution to the Director of Planning.
American Institute of Certified Planners(A.LC.P.)Certification.
Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
2of3
3277
94 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
95 Florida, at a regular meeting held on the 151h day of January, 2025.
96
97 Mayor James K. Scholl, District 3
98 Mayor Pro Tem Michelle Lincoln, District 2
99 Commissioner Craig Cates, District 1
100 Commissioner David Rice, District 4
101 Commissioner Holly Merrill Raschein, District 5
102
103
104
105
106 BOARD OF COUNTY COMMISSIONERS
107 OF MONROE COUNTY, FLORIDA
108
109
110 By:
111 Mayor James K. Scholl
112 MONROE COUNTY ATTORNEY
113 On
114 (SEAL)
115
116
117 ATTEST: KEVIN MADOK, CLERK
118
119
120
121 AS DEPUTY CLERK
3 of 3
3278
I EXHIBIT A. TO MONROE COUNTY BOCC RESOLUTION NO. -2025
2
6
7
8 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. -2025
12
13 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE
14 COUNTY COMPREHENSIVE PLAN'S FUTURE LAND USE MAP
15 ("FLUM") FROM RESIDENTIAL MEDIUM ("RM") TO COMMERCIAL
16 ("COMM"), FOR PROPERTY LOCATED AT 24150 OVERSEAS
17 HIGHWAY, SUMMERLAND KEY, MORE PARTICULARLY
18 DESCRIBED AS A PORTION OF LOT 1, DOBIE'S SUBDIVISION,
19 ACCORDING TO THE PLAT THEREOF,RECORDED AT PLAT BOOK 21
20 PAGE 95, AND A PORTION OF LOT 21, BLOCK 2, SUMMERLAND
21 COVE, ADDITION 2, ACCORDING TO THE PLAT THEREOF,
22 RECORDED AT PLAT BOOK 4, PAGE 100, OFFICIAL RECORDS OF
23 MONROE COUNTY, CURRENTLY HAVING PROPERTY
24 IDENTIFICATION NUMBER ("PARCEL ID NO.") 00190940-000200, AS
25 REQUESTED BY MACIEJ JARZEBOWSKI; PROVIDING FOR
26 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
27 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
28 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
29 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN
30 AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; AND
31 PROVIDING FOR AN EFFECTIVE DATE.
32
33
34 WHEREAS, the State of Florida has by administrative rule and statutorily designated
35 Monroe County the State's only countywide Area of Critical State Concern pursuant to Florida
Administrative Code Rule 28-29.002 and Florida Statutes § 380.0552(3); and
38 WHEREAS, the State by administrative rule, pursuant to Florida Administrative Code
39 Rule 28-20.019(5), requires that all "development" in Monroe County "shall" be consistent with
I? the Monroe County Comprehensive Plan; and
42 WHEREAS,the Monroe County Comprehensive Plan,by and through its requirement that
43 "all planning and development within the Florida Keys must be consistent with Sections 380.05
44 and 380.0552, F.S., Principles for Guiding Development", requires that all "development" must
45 be consistent with the State's statutory Principles for Guiding Development in the Florida Keys
4� Area of Critical State Concern; and
48 WHEREAS, accordingly, all"development"in Monroe County"must"be consistent with
49 the State's statutorily adopted Principles for Guiding Development in the Florida Keys Area of
50 Critical State Concern; and
1 of 4
3279
I WHEREAS, on or about May 29, 2024, the Monroe County Planning and Environmental
2 Resources Department received an amended application from Spottswood, Spottswood,
3 Spottswood, and Sterling PLCC, on behalf of Maciej Jarzebowski (the "Applicant")requesting to
4 amend the Monroe County Future Land Use Map ("FLUM")from Residential Medium ("RM")to
5 Commercial ("COMM") for property located at 24150 Overseas Highway, Summerland Key; and
6
7 WHEREAS,the Applicant has also requested a corresponding Land Use District("LUD")
8 map amendment for the subject property from Improved Subdivision ("IS") to Commercial 1
9 ("C1"); and
10
11 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
12 the proposed amendment at a regularly scheduled meeting held on July 22, 2024; and
13
14 WHEREAS,the Monroe County Planning Commission("Planning Commission" or"PC")
15 held a public hearing on the September 25, 2024, for review and recommendation on the requested
16 FLUM amendment; and
17
18 WHEREAS, the Planning Commission made the following findings of fact and
19 conclusions of law:
20
21 1. The proposed FLUM is not anticipated to adversely impact the community character
22 of the surrounding area; and
23 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
24 adopted Level of Service ("LOS"); and
25 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
26 Monroe County Year 2030 Comprehensive Plan; and
27 4. The proposed amendment is consistent with the Principles for Guiding Development
28 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), Florida Statutes;
29 and
30 5. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
31 6. The proposed amendment will not result in an adverse change in community character
32 to the sub-area which a proposed amendment affects or to any area in accordance with
33 the Lower Keys Livable Communikeys Master Plan pursuant to findings of the BOCC.
35 and
36
37 WHEREAS,the Planning Commission adopted PC Resolution No.P21-24 recommending
38 that the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe County",
39 or the "County") approve this requested FLUM amendment; and
40
41 WHEREAS, at a regular meeting held on the 15th day of January, 2025, the Monroe
42 County Board of County Commissioners held a public hearing to consider the transmittal of the
43 proposed amendment, considered the Monroe County Planning and Environmental Resources
44 Department's professional staff report and professional staff presentation and provided for public
45 comment and public participation in accordance with the requirements of state law and the
46 procedures adopted for public participation in the planning process; and
2 of 4
3280
I WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
2 Objections, Recommendations and Comments ("ORC") Report on , received by the
3 County on ; and
4
5 WHEREAS, the ORC report <did/did not> identify any objections, or comments to the
6 proposed amendment; and
7
8 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
9 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
10
11 WHEREAS, at a regularly scheduled meeting on the day of the
12 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
13 amendment;
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
16 OF COUNTY COMMISSIONERS:
17
18 Section 1. Recitals. The foregoing findings of fact and conclusions of law are true and correct
19 and are hereby incorporated as if fully stated herein.
20
21 Section 2. The Future Land Use Map ("FLUM") of the Monroe County Comprehensive Plan
22 is amended as follows:
23
24 The property located at 24150 Overseas Highway, Summerland Key,
25 currently having Monroe County Property Appraiser's Office Parcel ID
26 Number 00190940-000200, is changed from Residential Medium ("RM")
27 to Commercial ("COMM") as shown on Exhibit 1, attached hereto and
28 hereby incorporated as if fully set forth herein.
29
30 Section 3. The Monroe County BOCC hereby ordains that the interpretation of this ordinance
31 and all provisions of the Monroe County Comprehensive Plan, Florida Building
32 Code, Florida Statutes, floodplain management regulations, and Monroe County
33 Codes whose interpretation arises out of, relates to, or is interpreted in connection
34 with this ordinance shall be liberally construed and enforced in favor of the Monroe
35 County BOCC, and such interpretation shall be entitled to great weight in
36 adversarial administrative proceedings, at trial, in bankruptcy, and on appeal.
37
38 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
39 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
40 or unenforceable in or by any administrative hearing officer or court of competent
41 jurisdiction, the invalidity or unenforceability of such provision, or any part or
42 portion thereof, shall neither limit nor impair the operation, enforceability, or
43 validity of any other provision of this Ordinance, or any remaining part(s) and/or
44 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
45 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
46
3 of 4
3281
I Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
2 Ordinance are hereby repealed to the extent of said conflict. The repeal of an
3 ordinance herein shall not repeal the repealing clause of such ordinance or revive
4 any ordinance which has been repealed thereby.
5
6 Section 6. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
7 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
8
9 Section 7. Filing and Effective Date. This ordinance shall be filed in the Office of the
10 secretary of the State of Florida but shall not become effective until a notice is
11 issued by the State Land Planning Agency or Administration Commission finding
12 the amendment in compliance, and if challenged, until such challenge is resolved
13 pursuant to Chapter 120, Florida Statutes.
14
15 Section 8. Inclusion in the Monroe County Comprehensive Plan. The foregoing
16 amendment shall be incorporated in the Monroe County Comprehensive Plan and
17 included on the Future Land Use Map.
18
19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
20 Florida, at a regular meeting held on the day of , 2025.
21
22 Mayor James K. Scholl, District 3
23 Mayor Pro Tem Michelle Lincoln, District 2
24 Commissioner Craig Cates, District 1
25 Commissioner David Rice, District 4
26 Commissioner Holly Merrill Raschein, District 5
27
28
29
30 BOARD OF COUNTY COMMISSIONERS
31 OF MONROE COUNTY, FLORIDA
32
33
34 By:
35 Mayor James K. Scholl
36
37
38 (SEAL)
39
40
41 ATTEST: KEVIN MADOK, CLERK
42
43
44
45 AS DEPUTY CLERK
46
4of4
3282
0
U
A
U �I;!IICII
Y U
M U III
� J EE uL
Ma
illl
%mmoo ca
0E E z y
� � c T
R d N n 3
y J � � 3 0 o EL
U
cz co
� L LLZ.; m U `B
a Y � s o
CL
� ' a � rcm°
LL a �
�W���
� �a,�ar��w��a,
� °��
�� �1�` � ,
li' ;' � `` +►��
',, ��� a w,, �'
� .
1 � ��
�.
r'� m
�� �� ��
. '% ��Ir r
•
�G
n
.� a f «,
lr,� � rl
.• • ���; i
,�., �, I
—n Yip,
' �. �
�,
ji ;e
i" �.
" `"+r'"
• � .,v �.
i as �
w. m5tl tl I � �..w,mm
,�°;; "" �
� �o;
�'
1 � �' �� �"
���
� j s', �" � � � �� � �I
r r �m
� �
•
� �� �
� �
w r�
�; � �� r
• `' �
, �
� • `
� � S �� � �
� i
• �'
�l�
���i � � � uuuqu � �V,
i f
� '��� h 6M a°I°i � W���
W'f `d ��� �T d
� °� �'uuuuumllll
.,
� q
by� �I
�� � r
J �i' ` �
• // y i
r
i � ��
a �
N �
r i �
� � � ���
i
• •
2a
��1�� ��
'��� ���r
p � ,, �,r
a/' � � ��
��� �/�
��,��,
ti��a;��;r��
IIIIIII� �Ilmuum I u �
I ., a
I s; �.,�w, ��� � °
��
1 � �' �.' � �,'
�� ��
,,
, �
,y �� i
,�
�, .
�,��
��� ��
x,,
�,
� i
�.,
� a
�r,`,,
�� � ��
i'.Y ,
� ��
� "
I
9 ��
IIIVV Iluuuullll „,,,, Jr
r�
x.
I III
4 I
I
�i. �r �
//. � � �}�
�u
IIV �� � �"
c
;',
�,i �€
IIIVuuuuuuulllll I �" � I
V� � '
�� ! � I Y
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiiiii �� � ''
u � a�
Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllullullulllllllllllllllllllllllllllllluluuu �
-�� ,� e�� 'x 1
I
,. �� 1'"�
°��
,:���� �
�� ."�
`_ '=4
„ ����
�;
Iluum������� "� � � % ''
�,
�'
r� a
fli� r-, �
I ��� ��� r�� ��„�,:
�}
mar
I """"I -
,,y.
`; ,,,
�I�Illllllluu
��
I� u n
rr;�i„ o
i ,,;
ml <,
lllil IIII ,�
�� �
V
IpIV �
�IIVu �����1 �i
� r '��' `',I! ��� �'I° 1
! �i�Ty ay I �� I V�
6 �r, '� �i � � l
uJ rc,� �
l�
1
�y
1
uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu
�� �, ��
�I
Illllllluuull��IIViI uu
,.
�_ �,, � f
,�
�„
. � �/i�„ n ��,,,: U � i I
IIIIIIIIIII ICI
( (Y
1
t �
...... ...: .
luiulululu�lu�lu ` ° � �' w
IIII r vr�>brobr��r �iur���
� �I�IIIIII�II�IIIIII r J r�........
r r%
Illll��u
t�
II I rdr91III I i i itiuNl ��
iI�J' V
J� s�aWdl emm'b!I�� Ir/
1 r
IIIIIIIIII
��1�� ��
'��� ���r
✓�r,% � �� it d� r„1,
fir( � ,�,��. �� i ,;
/fllry! �J- �� m f, � /// ��/�/ 1�YtMk
dl s!�/ pVf�✓ �� ",�'
� i , ��®
�� �Y � �� „���,, ,;,
hry� f ,! r, +USN '
�,� / ��/ )
�i� /�J�� �� �r
i ' r/ / I i%
ism � I'///�j/ �, t
>ii�� r !(i��iii� �
aw� �d�arrr!"� �w1°°
�J���j� �/�� � Ilh �i
r; / ////
ii� � �,
%1� If!i
,;;--I � l
r1' J
/%'
ii� � I
ii� �, w � r iwi��� ..
���� %i
IIIIIIIIIII�I �nU �+, �f°
,,i/,�� if �+
�j /.,
«p,,;
� �� �� �
'qnm t
iii
i ��
i n
r.
//�
���ul��� ' �'�
"f� ,
�Il�luu t„l, l
j'
%'� I
i� � j
III uuuuuuu���������������� � �
� % �jar;
III % ;j
f j J;
%f �/
��1�� ��
1�/�� n
� �/ r
/%�{pry � ��
� n
� �,
/�� r� r
%' �m. i
�,
�i, �
��� �
%� 1 � �� � f
��
�;
r �'� �
i�' i
�I
fy&y
'r �tl� � i ,
� " i' � i
� � i .��
t/` `,I� l
,�� ,Sir � ��p
�� ,.
w �
� ,�
7l iig� �,
lie:
1
c "�'
;� �
m J
�IIIIIIIIIIII�I
�%
� " ,�p �,,f,l
a Gr
ti� ��'�� �e , ,
J� �;`
'� �;' ���,, � ..., ��'�I �,
® � ��
I����� ��
m o����;,� ,,���.
�Il�luu � '��i
�' � ° a,
j
� m
�r�
'� � II
io
li
�� i�w.
III � ,
III
u
1
r
em
GM
am
GM
do
® �r
foo'll „
i
r
1