HomeMy WebLinkAboutItem Q1 Q1
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
April 16, 2025
Agenda Item Number: Q1
2023-3850
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING:
A Public Hearing to Consider Adoption of an Ordinance Amending the Monroe County Future Land
Use Map ("FLUM"), as Proposed by Maciej Jarzebowski, 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.
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 May 17, 2023, the Monroe County Board of County Commissioners ("BOCC") approved Ordinance
No. 010-2023 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 III-A ("SPA") to Tier III.
On January 15, 2025, the BOCC adopted Resolution 054-2025 transmitting the proposed amendment to
2689
the State Land Planning Agency(FloridaCommerce) for review and comment.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: The Monroe County Planning & Environmental Resources
Department professional staff recommend approval of the subject ordinance seeking to amend the
Future Land Use Map ("FLUM").
DOCUMENTATION:
Exhibit I to Ordinance—Map.pdf
11 X 17 Map Series FLUM Amendment.pdf
MONROE COUNTY 25-OIACSC (ORC).pdf
Staff Report.pdf
Ordinance.pdf
FINANCIAL IMPACT:
NA
2690
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
2691
Date:6/13/2024
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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
2694
Date:6/13/2024
��Fl,,,,.(,,,,,)�RIDACIOM�MER,CE
March 24, 2025
The Honorable Jim Scholl
Mayor, Monroe County
1100 Simonton Street,
Key West, Florida 33040
Dear Mayor Scholl,
FloridaCommerce has completed its review of the proposed comprehensive plan amendment
for Monroe County (Amendment No. 25-01ACSC), which was received on January 23, 2025.
FloridaCommerce has reviewed the proposed amendment in accordance with the state
coordinated review process set forth in sections 163.3184(2) and (4), Florida Statutes (F.S.), for
compliance with Chapter 163, Part II, F.S.
The attached Objections, Recommendations, and Comments Report outlines
FloridaCommerce's findings concerning the amendment. FloridaCommerce does not identify
any objections to the proposed amendment. However, FloridaCommerce is providing a
comment. The comment is offered to assist the local government but will not form the basis for
a determination of whether the amendment, if adopted, is "In Compliance" as defined in
section 163.3184(1)(b), F.S. Copies of comments received by FloridaCommerce from reviewing
agencies, if any, are also enclosed.
The County should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. For your assistance,the procedures for adoption and transmittal of the
comprehensive plan amendment are enclosed.
The second public hearing, which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of
FloridaCommerce's attached report, or the amendment will be deemed withdrawn unless
extended by agreement with notice to FloridaCommerce and any affected party that provided
comment on the amendment pursuant to section 163.3184(4)(e)1., F.S. The adopted
amendment must be transmitted to FloridaCommerce within ten working days after the final
adoption hearing or the amendment shall be deemed withdrawn pursuant to section
163.3184(4)(e)2., F.S.
r An equal opportunity employer/program AuxiH ary aids and s(arvice are available
�upul uml l upon request to individuals with disabilities.Rill voice telephone number:;on thi°
t mt..uu.m. document may he reached by persons using l€Y/71 D equipment via tha Florida
Relay Service at 71:1. 2695
Monroe County 25-01ACSC
March 24, 2025
Page 2 of 2
FloridaCommerce staff is available to assist the County to address the comment. If you have any
questions related to this review, please contact Ana Morales, Planning Analyst, by telephone at
(850)-717-8538 or by email via Ana.Morales@Commerce.fl.gov.
Since fly,
_.
ml
mes D. Stansbury, Chief
Bureau of Community Planning and Growth
J DS/a m
Enclosures: Objections, Recommendations, and Comments Report
Procedures for Adoption
Reviewing Agency Comments
cc: Cheryl Cioffari, AICP, Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council
IIIAn equal!opportunity er pigyrer/lar ograrn.Auxiliary aids and ery cc are availlahk=
of uimi Ilm � r gran u request U)Individuals vrikh disabilities bill voice telephone numbers on ill
ui Sul u i l VI a 4" �
duc,uii fray be reached by li inning-FFY/FI D equipsm rR via the O-lorida,
Pie@ayrService at 711...
2696
Objections, Recommendations and Comments Report
Proposed Comprehensive Plan Amendment
Monroe County 25-01ACSC
FloridaCommerce has identified a comment regarding Monroe County's proposed
comprehensive plan amendment. The comment is provided below, along with recommended
actions the County could take to resolve issues of concern. Comments are offered to assist the
local government and will not form the basis for a compliance determination.
FloridaCommerce staff has discussed the basis of the report with County staff and is available
to assist the County to address the comment.
Comment 1: Inter overnmental Coordination
FloridaCommerce recommends that Monroe County coordinate with the South Florida Water
Management District to address the comments from their February 17, 2025, correspondence
regarding the Regional Water Supply Plan.
An equal opportunity er npl uyer/p rog am.Au x.H...l.a y air;s and servi
ce are availlabl.
upon 'aGuaSt to individuals with disabilities.Ali voice telephone raurrhrm;nir t71
document I� Y@ �c6.h J persons ls'sr 1 . ro . ti. r m via 2697 dar 9 Relay Service t 711.
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3104(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using Rorida[omnrnerce's
electronic amendment submittal portal "Comprehensive
/ or submit
three complete copies of all comprehensive plan materials, of which one complete paper copy
and two complete electronic copies on CD ROM in Portable Document Format (PDF)to the
State Land Planning Agency and one copy to each entity below that provided timely comments
to the local government: the appropriate Regional Planning Council, Water Management
District, Department of Transportation, Department of Environmental Protection, Department
of State, the appropriate county (municipal amendments only), the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county
plan amendments only), and the Department of Education (amendments relating to public
schools), and for certain local governments, the appropriate military installation and any other
local government or governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting
the adopted amendment:
State Land Planning Agency identification number for adopted amendment package.
Summary description of the adoption package, including any amendments proposed but
not adopted.
Ordinance number and adoption date.
Certification that the adopted amendment(s) has been submitted to all parties that
provided timely comments to the local government.
Name, title, address, telephone, FAX number and e-mail address of local government
contact.
Letter signed by the chief elected official or the person designated by the local
government.
Effective:June 2' ZU11(Updated December ZD24) Page 4cf5 2698
ADOPTION AMENDMENT PACKAGE: Please include the following information in the
amendment package:
In the case of text amendments, changes should be shown in strike-through/underline
format.
In the case of future land use map amendment, an adopted future land use map, in
color format, clearly depicting the parcel, its existing future land use designation and its
adopted designation.
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional
data and analysis is required.
Copy of executed ordinance adopting the comprehensive plan amendment(s).
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged,
shall be the date the state land planning agency posts a notice of intent determining
that this amendment is in compliance. If the amendment is timely challenged, or if the
state land planning agency issues a notice of intent determining that this amendment is
not in compliance, this amendment shall become effective on the date the state land
planning agency or the Administration Commission enters a final order determining this
adopted amendment to be in compliance. No development orders, development
permits, or development dependent on this amendment may be issued or commence
before it has become effective. "
List of additional changes made in the adopted amendment that the FloridaCommerce
did not previously review.
List of findings of the local governing body, if any,that were not included in the
ordinance, and which provided the basis of the adoption or determination not to adopt the
proposed amendment.
Statement indicating the relationship of the additional changes not previously reviewed
by the FloridaCommerce to the ORC report from the FloridaCommerce.
Effective:June 2, 2011(Updated December 2024) Page 5 of 5
2699
Docusign Envelope ID:9F027FOl-7E5B-4158-91 F9-3DA69D874E52
FDOT
Florida Department oll" niv
IRON DESANTIS 1,000 N W. � I I A.vei iu e JAl1IVI)W.PERDUE,P.E.I
(,oWTHNOR Miami,Florida 3172 SEN.REIARY
February 10, 2025
Ms. Cheryl Cioffari, AICP
Assistant Director of Planning
County of Monroe
Planning and Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Subject: Comments for the Monroe County Comprehensive Plan
Amendment FDEO #25-01ACSC
Dear Ms. Cioffari:
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of
Transportation, District Six, reviewed the proposed amendment to the Monroe County
Comprehensive Plan. The proposed amendments modify the Future Land Use Map
(FLUM).
The District reviewed the amendment package per Chapter 163 Florida Statutes
and found the proposed text amendment would not adversely impact transportation
resources and facilities of state importance.
Thank you for coordinating on the review of these proposed amendments with
FDOT. If you have any questions, please do not hesitate to contact me by email at
�
I° ur eic°:my:mm �r ir7u j1ot. ,ut,itar: ,fl.kis or at 305-470-5393.
.......t......... in.
.so utht:7Vrm ads,corn
2700
Docusign Envelope ID:9F027F01-7E5B-4158-91F9-3DA69D874E52
Ms. Cheryl Cioffari
February 10, 2025
Page 2
Sincerely,
Docusigned by.
� okB06CDO6755954DO...
Sereen Yee Fong, MS-CE
Community Planning Coordinator
Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida Department of Transportation, District 6
Kenneth Jeffries, Florida Department of Transportation, District 6
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council
Donna Harris, Florida Department of Commerce
2701
Harris, Donna
From: Ragsdale, David <dragsdal@sfwmd.gov>
Sent: Monday, February 17, 2025 1:44 PM
To: cioffari-cheryl@monroecounty-fl.gov
Cc: Stansbury,James; Harris, Donna;Valdez,Yazmin; DCPexternalagencycomments; Isabel
Cosio Carballo; Kathe Lerch
Subject: [EXTERNAL] - Monroe County, DOC#25-1ACSC Comments on Proposed
Comprehensive Plan Amendment Package
...... .......,"",, ,. ... .. ............................
_ . .....
C 'TIIld - "This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe."
Dear Ms.Cioffari:
The South Florida Water Management District(District) has completed its review of the proposed amendment package
submitted by Monroe County(County).The package includes a Future Land Use Map amendment to amend the subject
property located at 24150 Overseas Highway from Residential Medium(RM)to Commercial(COMM).The proposed
amendment has been reviewed pursuant to Section 163.3184, Florida Statutes, (F.S.).The proposed changes do not
appear to adversely impact the water resources within the District;therefore,the District has no comments on the
proposed amendment package. However,the District offers the following guidance regarding regional water supply
planning:
Re ional Water Supply Planning
The County is required to revise its Water Supply Facilities Work Plan (Work Plan)within 18 months after approval of the
Lower East Coast(LEC)Water Supply Plan Update by the District's Governing Board.The District's Governing Board
approved the 2023-2024 LEC Water Supply Plan Update on September 24, 2024.Therefore,the County's Work Plan
needs to be updated and adopted by March 24, 2026.The Work Plan must cover at least a 10-year planning period,
include updated water demand projections, identify alternative and traditional water supply projects,and describe
conservation and activities needed to meet the projected future demands. Planning tools are available on the District's
website for your use and District Staff are available to provide technical assistance to update the Work Plan, including
reviewing draft Work Plans prior to formal plan amendment submittal.The planning tools are located at this link:
!�,Ajps, ww rym mmu,(„T,,��u��yjjgiiiiif l.bush nes iith iw r uik i.(amns.
District staff are available to meet by teleconference or in person to go over the comments above. Please contact me if
you have any questions, need additional information, or would like to arrange a meeting. The District requests that the
County forward a copy of the adopted amendments to the District at the following email mailbox
address: III III 0( Al: of II�III AJ f i ui:id Lgy.
Sincerely,
III)aviid Radsdslllle
Policy and Planning Analyst
Water Supply Implementation Unit
South Florida Water Management District
!Tlf`iiice 561-682-6715 C6l1: 850-572-3176
13301 Gun Club Road, West Palm Beach, FL 33406
a) a
i
2702
n
2 :r
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Growth Management Director
11
12 From: Barbara Powell, Planning Policy Advisor
13
14 Date: March 24, 2025
15
16 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
17 Monroe County Future Land Use Map (FLUM)from Residential Medium (RM) to
18 Commercial (COMM)for property located at 24150 Overseas Highway, Summerland
19 Key, as requested by Maciej Jarzebowski (File 2024-030).
20
21 Meeting: April 16, 2025
22
23 I. REQUEST
24
25 On May 29, 2024, the Planning and Environmental Resources Department received an amended
26 application from Spottswood, Spottswood, Spottswood, and Sterling PLCC, on behalf of Maciej
27 Jarzebowski (the "Applicant") to amend the Monroe County Future Land Use Map (FLUM) from
28 Residential Medium (RM) to Commercial (COMM) for property located at 24150 Overseas Highway,
29 Summerland Key, (the "Property") currently having Parcel Identification Number 00190940-000200.
30
31 The Applicant has also requested a corresponding Land Use District (Zoning) Map amendment from
32 Improved Subdivision (IS)to Commercial 1 (C1).
33
34
35 II. BACKGROUND INFORMATION
36 Site Information:
37 Location: MM 24, Summerland Key
38 Addresses: 24150 Overseas Highway
39 Description: A portion of Lot 1, Dobie's Subdivision, according to the Plat thereof, as recorded in Plat
40 Book 2, Page 95, and a portion of Lot 21, Block 2, Summerland Key Cove Addition No. 2, according to
41 the plat thereof as recorded in Plat Book 4, Page 100, Public Records of Monroe County, Florida
42 Parcel Identification Numbers: 00190940-000200
43 Boundary: Affected parcel is outlined in black in the images below.
44 Applicant: Maciej Jarzebowski
45 Agent: Spottswood, Spottswood, Spottswood, and Sterling PLCC
46 Size of Properties (cumulative): 18,844.46 SF of upland area per survey by Florida Keys Land
47 Surveying, signed and sealed by Eric A. Saacs, surveyed on February 23, 2022.
BOCC SR 04.16.2025 Page I of 13
File 2024-030
2703
I FLUM Designation: Residential Medium (RM); pending application to amend to Commercial (COMM)
2 Land Use District: Improved Subdivision (IS); pending application to amend to Suburban Commercial
3 (SC)
4 Tier Designation: III
5 Flood Zone: AE10 and AE11
6 CBRS: No
7 Existing Permitted Use: Vacant Land
8 Existing Vegetation/Habitat: Undeveloped Land
9 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
10 residential, commercial, and public uses
11
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Existing FLUM Designation Pro osed FLUM Desi nation
12
13
14 The Applicant states that the reason for the proposed FLUM amendment is:
15 "The property is directly on tUSHighway I and immediately adjacent to developed commercial uses. With
16 this location characteristic. It is not suitable for residential purposes. . . The availability of residential
17 ROGO allocation is uncertain in the future. "
18
19 Concurrent Applications
20 File 2024-031: A corresponding Land Use District(LUD)map amendment for the Property,requesting to
21 amend the LUD from Improved Subdivision (IS)to Commercial 1(C1).
22
23 Community Meeting and Public Participation
24 In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual
25 meeting was held on August 26, 2024, to discuss the proposed Future Land Use Map (FLUM) and
26 corresponding Land Use District (Zoning) Map amendments and provide for public participation. There
27 were two speakers and one attorney representing a speaker. The adjacent property owner expressed
28 concern about a Commercial development close to his guesthouse and spoke about an ongoing trespassing
29 issue with a different adjacent property. Another speaker expressed concern about commercial uses near
30 residential.
BOCC SR 04.16.2025 Page 2 of 13
File 2024-030
2704
I Development Review Committee Meeting and Public Input
2 On September 24, 2024, the Development Review Committee Meeting considered the proposed
3 amendment and provided for public input. Issues similar to those raised at the community meeting were
4 again raised.
5
6 Planning Commission Meeting and Public Input
7 On October 23, 2024, the Planning Commission met and considered the proposed amendment, provided
8 for public input and recommended approval through Resolution P21-24.
9
10 Van Fischer,representing the property adj acent to the subject property, stated that the property owners are
11 concerned about negative effects to property value and potential disturbance from whatever activities may
12 take place. County staff noted that Monroe County Land Development Code provides that properties
13 zoned Commercial 1 adjoining properties zoned Improved Subdivision are required to install a Class D
14 buffer (Sec. 114-126. -District Boundary Buffers). A Class D landscape buffer can be 20 feet or as little
15 as 16 feet with a solid fence. The new use would be responsible for the buffer.
16
17 Board of County Commissioners Transmittal to State Land Planning Agency
18 On January 15, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
19 transmittal of the proposed Future Land Use Map amendment, considered the staff report, and provided
20 for public comment and public participation in accordance with the requirements of state law and the
21 procedures adoption for public participation in the planning process. The BOCC adopted Resolution 054-
22 2025 transmitting the proposed amendment to the State Land Planning Agency (FloridaCommerce) for
23 review and comment.
24
25 Following their review of the proposed amendment, the FloridaCommerce issued an Objections,
26 Recommendations and Comments (ORC) report on March 24, 2025 (attached). The comment is offered
27 to assist the local government but will not form the basis for a determination of whether the amendment,
28 if adopted, is "In Compliance" as defined in section 163.3184(1)(b),F.S. FloridaCommerce provided the
29 following comment:
30
31 Comment 1: FloridaCommerce recommends that Monroe County coordinate
32 with the South Florida Water Management District to address the comments
33 from their February 17, 2025, correspondence regarding the Regional Water
34 Supply Plan.
35
36 The South Florida Water Management District issued a comment letter and offered the following guidance
37 regarding regional water supply planning:
38
39 Regional Water Supply Planning
40 The County is required to revise its Water Supply Facilities Work Plan (Work Plan)within 18
41 months after approval of the Lower East Coast(LEC)Water Supply Plan Update by the
42 District's Governing Board. The District's Governing Board approved the 2023-2024 LEC
43 Water Supply Plan Update on September 24, 2024. Therefore, the County's Work Plan needs to
44 be updated and adopted by March 24, 2026. The Work Plan must cover at least a 10-year
45 planning period, include updated water demand projections, identify alternative and traditional
BOCC SR 04.16.2025 Page 3 of 13
File 2024-030
2705
I water supply projects, and describe conservation and activities needed to meet the projected
2 future demands. Planning tools are available on the District's website for your use and District
3 Staff are available to provide technical assistance to update the Work Plan, including reviewing
4 draft Work Plans prior to formal plan amendment submittal. The planning tools are located at
5 this link: h p5 //w rw si.read Gov/doing business:with pus/wor' i S.
6
7 Staff has begun the process of adoption of a new Water Supply Plan (File#2025-041).
8
9 Prior Relevant BOCC Action
10 On July 22, 2019, the Planning & Environmental Resources Department a Plat Lot Line Adjustment of
11 the common lot lines shared between Lots 21 , Block 2, Summerland Key Cove Addition No. 2 (PB4-
12 I00) and Lot I, Amended Plat of Dobie's Subdivision (PB2- 135), having Real Estate number 00190940-
13 000000; Lot 2, Amended Plat of Dobie's Subdivision (PB2-135), having Real Estate number 00188710-
14 000000; and Lot 3, Amended Plat of Dobie's Subdivision (PB2-135), having Real Estate number
15 00188720-000000.
16
17 On May 17, 2023, the Monroe County Board of County Commissioners approved Ordinance No. 010-
18 2023 which amended the Tier Map Overlay designation for the subject property identified as currently
19 bearing Property Identification Number 00190940-000200 to be amended from Tier III-A (SPA) to Tier
20 III.
21
22 III. AMENDMENT REVIEW
23
24 FL UM Category Comparisons
25
26 Existing
27 Policy 101.5.3:
28 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
29 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and
30 to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have
31 an approved potable water supply, and have sufficient uplands to accommodate the residential uses.
32 Development on vacant land within this land use category shall be limited to one residential dwelling unit
33 for each such platted lot or parcel which existed on or before January 4, 1996.
34
35 Proposed
36 Policy 101.5.8:
37 The principal purpose of the Commercial (COMM) future land use category is to provide for the
38 establishment of commercial zoning districts where various types of commercial retail; highway-oriented
39 sales and services; commercial recreation; light industrial; public, institutional and office uses may be
40 permitted at intensities which are consistent with the community character and the natural environment.
41 The commercial zoning districts established within this category are intended to serve the immediate
42 vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or
43 permanent residential development.
44
BOCC SR 04.16.2025 Page 4 of 13
File 2024-030
2706
I In order to protect environmentally sensitive lands, the following development controls shall apply to all
2 Tier I lands within this land use category:
3 1. only low intensity commercial uses shall be allowed; and
4 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
5
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
sf/0.43 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zonin /FLUM Standards
Commercial 1/ Market Rate Allocated 0 0 du
(Cl) Density
TDR/Market Rate 0 0 du
Commercial Residential Max. Net
(COMM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 18,844.46 Transient Allocated 0 0 du
sf/0.43 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0.15-0.40 FAR 2,826.67 sf- 7,537.78 sf
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
BOCC SR 04.16.2025 Page 5 of 13
File 2024-030
2707
Transient Max. Net Density n/a
Nonresidential Uses +2,826.67 sf- 7,537.78 sf
1
2 Maximum Density and IntensiLr y Land Use District
3 The table above provides a comparison of the development potential for residential, transient and
4 commercial development of the Properties under the existing Land Use (zoning) District and FLUM
5 category as compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the
6 Land Development Code states: "The density and intensity provisions set out in this section are intended
7 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
8 example, if a development includes both residential and commercial development, the total gross amount
9 of development shall not exceed the cumulated permitted intensity of the parcel proposed for
10 development."
11
12 As shown in the orange portion of the table, the proposed FLUM amendment(from RM to COMM)with
13 the C1 LUD would result in a decrease of allocated market rate density and an increase in
14 nonresidential intensity. The TDR/market rate residential maximum net density, affordable residential
15 maximum net density, and transient density would remain at 0.
16
17 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
18 LDC Section 138-49.
19
20 The total amount of new nonresidential floor area that could be constructed on either of the Properties
21 would be dependent on the size of the property to be developed and the actual use proposed. Below is a
22 table detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1
23 LUD in accordance with LDC Section 130-164.
24
25
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
26
27 Compliance with Comprehensive Plan Policy 101.5.26
28 The proposed FLUM amendment from RM to COMM results in a decrease of residential allocated density
29 on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
30
31 Compatibility with the Surrounding Area
32 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
33 b. Existing Tier Designation: III, Tier I properties across US 1
34 c. Number of Listed Endangered or Threatened Species: 0
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I d. Existing Use: Vacant
2 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
3 residential, restaurant, commercial, and public uses
4
5 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
6 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
7 does not result in a reduction of the level-of-service requirements established and adopted by this
8 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
9 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
10 can be reasonably met.
11
12 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
13 The Properties are located on Overseas Highway/U.S. 1 on Summerland Key at approximate mile marker
14 24. Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According
15 to the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
16 Segment 7 on Summerland Key (MM 23.0 to MM 25.0)is operating at a LOS of`B."
17
18 At the time of development approval, a trip generation analysis will be required to be submitted in order
19 to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay Study,
20 the maximum reserve volume for Segment 7 is 2,040 trips.
21
22 Potable Water(Comprehensive Plan Policy 701.1.1)
23 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
24 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
25 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
26
27 The proposed FLUM amendment would decrease permanent allocated residential density beyond what is
28 already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS for
29 potable water.
30
31 Solid Waste (Comprehensive Plan Policy 801.1.1)
32 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
33 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
34 waste is handled by private contract.
35
36 Sanitary Sewer Comprehensive Plan Policy 901.1.1
37 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
38 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
39 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
40 amendment would decrease the permanent allocated residential density. The combined average flows of
41 the Cudjoe Regional Wastewater Treatment System are 620,000 gpd, whereas the plant capacity is
42 940,000 gpd.1 Any proposed development on the site will either need to connect to the Cudjoe Regional
43 Wastewater Treatment District central sewer system or provide on-site sewage treatment and disposal that
44 meets the LOS standards in Policy 901.1.1.
45
' FINAL—2023-2024 Lower East Coast Water Supply Plan Update I Appendix E-46
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I The proposed FL UM amendment is not anticipated to adversely impact the LOSfor traffic,potable water,
2 solid waste nor sanitary sewer.
3
4 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
5 THE LOWER KEYS LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
6 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
7
8 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
9 County Year 2030 Comprehensive Plan. Specifically, it furthers:
10
11 Goal 101
12 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
13 residents and visitors, and protect valuable natural resources.
14
15 Objective 101.4
16 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
17 the needs of the future population of Monroe County.
18
19 Policy 101.4.1
20 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
21 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
22 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
23 development available within the County to maintain a maximum of 47,083 square feet of floor area
24 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
25 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
26 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
27 Reef planned development (Future development in the Ocean Reef planned development is based
28 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
29 by the Department of Community Affairs).
30
31 Objective 101.5
32 Monroe County shall regulate future development and redevelopment to maintain and enhance the
33 character of the community and protect natural resources by providing for the compatible distribution
34 of land uses consistent with the designations shown on the Future Land Use Map.
35
36 Policy 101.5.8
37 The principal purpose of the Commercial (COMM) future land use category is to provide for the
38 establishment of commercial zoning districts where various types of commercial retail; highway-
39 oriented sales and services; commercial recreation;light industrial;public,institutional and office uses
40 may be permitted at intensities which are consistent with the community character and the natural
41 environment. The commercial zoning districts established within this category are intended to serve
42 the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
43 accommodate transient or permanent residential development.
44
45 In order to protect environmentally sensitive lands, the following development controls shall apply to
46 all Tier I lands within this land use category:
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1
2 1. only low intensity commercial uses shall be allowed; and
3 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
4
5 Policy 101.5.25
6 Monroe County hereby adopts the following density and intensity standards for the future land use
7 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
8
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open Space
Category and (a) Maximum Net Density Ratio
Corresponding Allocated Density (a)(,) Maximum Intensity
Zorn (per upland acre) (floor area ratio)
g (per buildable acre)
Commercial 0 du N/A 0.15-0.50 0.20
(COMM) 0 rooms/spaces N/A
(CI and C2
zoning)
9
10
I I Policy 101.5.26
12 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
13 promote the reduction in overall County residential density and the preservation of Monroe County's
14 native habitat by enacting legislation which implements the following policy statements for private
15 applications for future land use map amendments which increase allowable residential allocated
16 density. Private application(s) means those applications from private entities with ownership of the
17 upland development and parcel(s) of land or includes private upland development on County-owned
18 land.
19
20 Per the Applicant: The current density,for the parcel is I unit per lot. With the change to COMM
21 there is no allowed residential density of any type. Therefore, this change of land use district will not
22 change the overall density in the County and therefore Policy 101.5.26 requirements.for offsetting
23 density decreases elsewhere is not triggered.
24
25 Objective 101.19
26 Monroe County shall address local community needs while balancing the needs of all Monroe County
27 communities. These efforts shall focus on the human crafted environment and shall be undertaken
28 through the Livable CommuniKeys Planning Program.
29
30 Policy 101.19.2
31 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
32 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
33 have been completed in accordance with the principles outlined in this section and adopted by the
34 Board of County Commissioners:
35
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1 6. The Lower Keys Livable CommuniKeys Plan is incorporated by reference into the Monroe
2 County Comprehensive Plan. Adopted By Ordinance 031-2012.
3
4 Goal 102
5 Monroe County shall direct future growth to lands which are most suitable for development and shall
6 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
7 tropical hardwood hammock).
8
9 Objective 102.3
10 Monroe County shall maintain land development regulations which will direct new development to
11 areas having appropriate topography and soil conditions and to where site disturbance and man's
12 activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
13 and marine resources.
14
15 Objective 105.1
16 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
17 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
18 processes to preserve the natural environment, maintain and enhance the community character and
19 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
20 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
21
22 Policy 105.1.3
23 Monroe County shall, through its development standards and Land Development Code, continue to
24 foster the retention and redevelopment of small businesses on the U.S.1.
25
26 B. The proposed amendment is consistent with the Lower Keys Livable CommuniKeys Plan
27 Specifically it furthers:
28
29 Goal 1:
30 Monroe County shall manage future growth to preserve the rural or low density community character,
31 protect the natural environment of the Lower Keys, and maintain and encourage commercial
32 revitalization along the U.S. 1 corridor. Community character includes the cultural/traditional heritage,
33 physical character, and scale of the businesses that serve the local community in the Lower Keys area.
34
35 Objective 1.1
36 Monroe County shall continue to manage the rate of residential and non-residential growth in the
37 Lower Keys to maintain adequate levels of service and ensure a balance of land use to serve the
38 existing and future population. Use of the Tier System as the primary means to conserve natural areas,
39 focus state and county acquisition programs, manage growth in transition areas, and guide
40 development to areas most appropriate for new infill development and redevelopment.
41
42 Policy Item 1.1.1:
43 Monroe County is recommended to conduct an analysis, as part of the Comprehensive Plan Update,
44 to determine the Lower Keys"fair share" of projected residential and non-residential growth based on
45 assessments of the availability of appropriate sites for development (vacant, unconstrained lots in
46 improved subdivisions, vacant sites along U.S. 1, and developed properties deemed appropriate or
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I prone to redevelopment), the existing and projected demand for commercial services, and the
2 community's desire to support and improve existing businesses that serve the local community.
3
4 Objective 1.4
5 Monroe County shall encourage programs and initiatives to promote the retention of existing and the
6 creation of new businesses along the U.S. 1 Corridor that serve the local community.
7
8 Policy Item 1.4.4:
9 To protect the viability of existing businesses and prevent additional strip commercial development
10 along U.S. 1, Monroe County is encouraged to not support the designation of new commercial land
11 use districts outside areas currently designated Mixed Use/Commercial on the Future Land Use Map.
12 Changes in the existing boundaries of the Mixed Use/Commercial land use category may only occur
13 as part of the Community Center designation process.
14
15 Objective 1.5
16 Monroe County shall conduct an evaluation to determine the extent of areas along the U.S. 1 corridor
17 for compact mixed use development and prepare changes in policy and land development regulations
18 to encourage appropriate investment, conserve natural areas, support businesses that serve the local
19 community, and ensure compatibility with adjacent residential areas.
20
21 Policy Item 1.5.1:
22 The following areas designated as Mixed Use Commercial on the FLUM may be evaluated to
23 determine their potential for designation as Community Centers.
24 • Lower Sugarloaf Key (MM 16-17)
25 • Cudjoe Key (MM 22-23)
26 • Summerland Key (MM 24-25)
27 • Ramrod Key (MM 26.5-27.5)
28
29 D. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also
30 consider the analyses identified in Chapter 163, Florida Statutes and must find that the
31 amendment is consistent with the principles for guiding development as defined in Section
32 380.0552, Florida Statutes.
33
34 Per the Applicant,
35
36 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
37 the principles for guiding development and any amendments to the principles, the principles shall be
38 construed as a whole and no specific provision shall be construed or applied in isolation from the other
39 provisions.
40
41 (a) Strengthening local government capabilities for managing land use and development so that
42 local government is able to achieve these objectives without continuing the area of critical state
43 concern designation.
44 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
45 seagrass beds, wetlands, fish and wildlife, and their habitat.
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I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
2 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
3 beaches, wildlife, and their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
5 development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
7 Keys.
8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
9 environment, and ensuring that development is compatible with the unique historic character
10 of the Florida Keys.
11 (g) Protecting the historical heritage of the Florida Keys.
12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
13 major public investments, including:
14 1. The Florida Keys Aqueduct and water supply facilities;
15 2. Sewage collection, treatment, and disposal facilities;
16 3. Solid waste treatment, collection, and disposal facilities;
17 4. Key West Naval Air Station and other military facilities;
18 5. Transportation facilities;
19 6. Federal parks, wildlife refuges, and marine sanctuaries;
20 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
21 properties;
22 8. City electric service and the Florida Keys Electric Co-op; and
23 9. Other utilities, as appropriate.
24 (i) Protecting and improving water quality by providing for the construction, operation,
25 maintenance, and replacement of stormwater management facilities; central sewage collection;
26 treatment and disposal facilities; and the installation and proper operation and maintenance of
27 onsite sewage treatment and disposal systems.
28 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
29 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
30 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
31 treatment facilities through permit allocation systems.
32 (k) Limiting the adverse impacts of public investments on the environmental resources of the
33 Florida Keys.
34 (1) Making available adequate affordable housing for all sectors of the population of the Florida
35 Keys.
36 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
37 a natural or manmade disaster and for a postdisaster reconstruction plan.
38 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
39 maintaining the Florida Keys as a unique Florida resource.
40
41 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
42 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
43
44 E.In no event shall an amendment be approved which will result in an adverse change in community
45 character to the sub-area which a proposed amendment affects or to any area in accordance
46 with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
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1
2 Per the Applicant, "The Livable CommuniKeys Plan recognizes the commercial areas immediately
3 next door that contain the offices and labs of the Mote Marina Institute which may be a potential user
4 of any facility that could be developed with a change to SC[C ff zoning. This change of destination
5 supports the CommuniKeys goal offurther limiting the residential density of the Lower Keys. "
6
7 Staff does not anticipate that approval of the proposed amendment of the FLUM to result in an adverse
8 change in community character to the sub-area which the proposed amendment affects.
9
10 V. PROCESS
11
12 Any landowner or other person having a contractual interest in property desiring to petition the BOCC for
13 an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required to
14 file an application with the Planning Director accompanied by a nonrefundable application fee as
15 established from time to time by the BOCC to defray the actual cost of processing the application. After
16 receipt,the Planning Director and his or her staff shall review the proposed amendment and present it with
17 a recommendation of approval or denial to the Development Review Committee for review and comment.
18 Staff shall make a recommendation to the Planning Commission.
19
20 The Planning Commission shall review the application, the reports and recommendations of the Planning
21 and Environmental Resources Department, the comments of the Development Review Committee, and
22 the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC.
23
24 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
25 Environmental Resources Department staff, and the testimony given at the public hearings.
26
27 VIL STAFF RECOMMENDATION
28
29 Staff recommends approval of the proposed FLUM amendment from Residential Medium (RM) to
30 Commercial (COMM)for properties located at 24150 Overseas Highway Summerland Key.
31
32 VIIL EXHIBITS
33 1. 11" X 17" Map Series FLUM Amendment
34 2. Objections, Recommendations, and Comments Report (FloridaCommerce)
35 3. Ordinance
z The original application proposed amending the FLUM designation from Residential Medium to Mixed-Use Commercial
and zoning map amendment from Improved Subdivision to Suburban Commercial. The Applicant modified the application
on May 29,2024 to Commercial FLUM designation and Commercial 1 zoning designation.
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3 i f �
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2025
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND
14 USE MAP FROM RESIDENTIAL MEDIUM (RM) TO COMMERCIAL
15 (COMM), FOR PROPERTY LOCATED AT 24150 OVERSEAS HIGHWAY,
16 SUMMERLAND KEY, LEGALLY DESCRIBED AS A PORTION OF LOT 1,
17 DOBIE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, DULY
18 RECORDED IN PLAT BOOK 2, PAGE 95, AND A PORTION OF LOT 21,
19 BLOCK 2, SUMMERLAND COVE, ADDITION 2, ACCORDING TO THE
20 PLAT THEREOF, DULY RECORDED IN PLAT BOOK 4, PAGE 100, OF THE
21 PUBLIC RECORDS OF MONROE COUNTY, CURRENTLY HAVING
22 PARCEL IDENTIFICATION NUMBER 00190940-000200; AS PROPOSED BY
23 MACIEJ JARZEBOWSKI; PROVIDING FOR SEVERABIL,ITY; PROVIDING
24 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
25 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
26 SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE
27 COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
28 FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE.
29
30
31 WHEREAS, on May 29, 2024, the Planning and Environmental Resources Department
32 received an amended application from Spottswood, Spottswood, Spottswood, and Sterling PLCC,
33 on behalf of Maciej Jarzebowski "Applicant" to amend the Monroe County Future Land Use Map
34 (FLUM) from Residential Medium (RM) to Commercial (COMM) for property located at 24150
35 Overseas Highway, Summerland Key; and
36
37 WHEREAS,the Applicant has also requested a corresponding Land Use(Zoning)District
38 map amendment for the subject property from Improved Subdivision (IS) to Commercial 1 (C1);
39 and
40
41 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
42 proposed amendment at a regularly scheduled meeting held on July 22, 2024; and
43
44 WHEREAS, the Monroe County Planning Commission held a public hearing on the
45 September 25, 2024, for review and recommendation on the proposed Future Land Use Map
46 amendment; and
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1
2 WHEREAS, the Monroe County Planning Commission made the following findings of
3 fact and conclusions of law:
4
5 1. The proposed FLUM is not anticipated to adversely impact the community character
6 of the surrounding area;
7 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
8 adopted Level of Service (LOS);
9 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
10 Monroe County Year 2030 Comprehensive Plan; and
11 4. The proposed amendment is consistent with the Principles for Guiding Development
12 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
13 5. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
14 6. The proposed amendment will not result in an adverse change in community character
15 to the sub-area which a proposed amendment affects or to any area in accordance with
16 the Lower Keys Livable Communikeys Master Plan pursuant to findings of the BOCC.
17
18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P21-24
19 recommending to the Monroe County Board of County Commissioners approval of the proposed
20 amendment; and
21
22 WHEREAS, at a regular meeting held on the 151h day of January, 2025, the Monroe
23 County Board of County Commissioners held a public hearing to consider the transmittal of the
24 proposed amendment, considered the staff report and provided for public comment and public
25 participation in accordance with the requirements of state law and the procedures adopted for
26 public participation in the planning process; and
27
28 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
29 Objections, Recommendations and Comments (ORC) report on March 24, 2025, received by the
30 County on March 24, 2025 and
31
32 WHEREAS, the ORC report did not identify any objections, but did identify a comment
33 to the proposed amendment; and
34
35 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
36 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
37
38 WHEREAS, at a regularly scheduled meeting on the 161h day of April, 2025, the BOCC
39 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
42 COUNTY COMMISSIONERS:
43
44 Section 1. The foregoing recitals, findings, and conclusions, are hereby adopted and incorporated
45 as if fully set forth herein.
46
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I Section 2.The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended
2 as follows:
3
4 The property located at 24150 Overseas Highway, Summerland Key,having Parcel
5 ID Number 00190940-000200, is changed from Residential Medium (RM) to
6 Commercial (COMM) as shown on Exhibit 1, attached hereto and incorporated
7 herein.
8
9 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or provision of
10 this ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity.
11
12 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
13 with this ordinance are hereby repealed to the extent of said conflict.
14
15 Section 5. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
16 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
17
18 Section 6. Filin2 and Effective Date. This ordinance shall be filed in the Office of the secretary
19 of the State of Florida but shall not become effective until a notice is issued by the State Land
20 Planning Agency or Administration Commission finding the amendment in compliance, and if
21 challenged, until such challenge is resolved pursuant to Chapter 120, Florida Statutes.
22
23 Section 7. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
24 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
25 Map.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
28 Florida, at a regular meeting held on the day of
29
30 Mayor James K. Scholl, District 3
31 Mayor Pro Tem Michelle Lincoln, District 2
32 Commissioner Craig Cates, District 1
33 Commissioner David Rice, District 4
34 Commissioner Holly Merrill Raschein, District 5
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
38
39 BY
40 MAYOR JAMES K. SCHOLL
41 (SEAL)
NnO COUNTY ATTORNEY
42 �Y.R V D s rck,FORM
43 ATTEST: KEVIN MADOK, CLERK ��
44
45
46 AS DEPUTY CLERK
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