HomeMy WebLinkAboutItem Q2 Q2
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: Q2
2023-3851
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, as Proposed by Maciej Jarzebowski,
Amending the Land Use District (LUD) Map from Improved Subdivision (IS) to Commercial 1 (C1) 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 Planning and Environmental Resources Department received an amended
application from Spottswood, Spottswood, Spottswood, and Sterling PLCC, on behalf of Maciej
Jarzebowski (the "Applicant") to amend the Land Use District (LUD) Map amendment from Improved
Subdivision (IS) to Commercial 1 (C1) for property located at 24150 Overseas Highway, Summerland
Key, (the"Property") currently having Parcel Identification Number 00190940-000200.
See professional staff report for full 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 corresponding proposed
2719
Future Land Use Map (FLUM) amendment to the State Land Planning Agency (Florida Commerce) for
review and comment.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
Professional staff recommends approval of the proposed LUD amendment from Improved Subdivision
(IS) to Commercial I (C 1) for properties located at 24150 Overseas Highway, Summerland Key.
DOCUMENTATION:
2024—031—LUD—Ordinance.pdf
EXHIBIT I TO ORDINANCE -LUD_
Amendment Map.pdf
11 X 17 Map Series LUD Amendment.pdf
Staff Report LUD.pdf
FINANCIAL IMPACT:
NA
2720
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 LAND USE
14 DISTRICT (ZONING) MAP FROM IMPROVED SUBDIVISION (IS) TO
15 COMMERCIAL 1 (C1), FOR PROPERTY LOCATED AT 24150
16 OVERSEAS HIGHWAY, SUMMERLAND KEY, LOTS 2 AND 3 AS
17 SHOWN ON THE AMENDED PLAT OF DOBIE'S SUBDIVISION, DULY
18 RECORDED IN PLAT BOOK 2, PAGE 135, OF THE PUBLIC RECORDS
19 OF MONROE COUNTY, CURRENTLY HAVING PARCEL
20 IDENTIFICATION NUMBER 00190940-000200; AS PROPOSED BY
21 MACIEJ JARZEBOWSKI; PROVIDING FOR SEVERABILITY;
22 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
23 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
24 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
25 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
26 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2024-031)
27
28
29 WHEREAS,on February 9,2024,the Planning and Environmental Resources Department
30 received an application from Spottswood, Spottswood, Spottswood, and Sterling PLCC, (the
31 "Agent") on behalf of Maciej Jarzebowski (the "Applicant") to amend the Monroe County Land
32 Use District (Zoning) Map from Improved Subdivision (IS) to Commercial 1 (C1) for property
33 located at 24150 Overseas Highway, Summerland Key, (the "Property") currently having Parcel
34 Identification Number 00190940-000200; and
35
36 WHEREAS, on May 29, 2024, the Planning and Environmental Resources Department
37 received an amended application from Spottswood, Spottswood, Spottswood, and Sterling PLCC,
38 on behalf of Maciej Jarzebowski "Applicant" to amend the Monroe County Land Use District
39 (Zoning) Map from Improved Subdivision (IS)to Commercial 1 (C1) for the Property; and
40
41 WHEREAS, the Applicant has also requested a corresponding Future Land Use map
42 amendment for the subject property from Residential Medium (RM) To Commercial (COM); and
43
44 WHEREAS, on August 26, 2024, the Applicant held a community meeting, as required
45 by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss
Ord.No. -2025
File 2024-031 Page 1 of 3
2721
I the proposed LUD Map amendment and the corresponding Future Land Use Map amendment, and
2 provide for public participation; and
3
4 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
5 proposed amendment at a regularly scheduled meeting held on September 24, 2024; and
6
7 WHEREAS, the Monroe County Planning Commission held a public hearing on the
8 October 23, 2024, for review and recommendation on the proposed Land Use District (Zoning)
9 Map amendment; and
10
11 WHEREAS, the Monroe County Planning Commission made the following findings of
12 fact and conclusions of law:
13
14 1. The proposed Zoning is not anticipated to adversely impact the community character
15 of the surrounding area;
16 2. The proposed Zoning is not anticipated to adversely impact the Comprehensive Plan
17 adopted Level of Service (LOS);
18 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
19 Monroe County Year 2030 Comprehensive Plan; and
20 4. The proposed amendment is consistent with the Principles for Guiding Development
21 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
22 5. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
23 6. The proposed amendment will not result in an adverse change in community character
24 to the sub-area which a proposed amendment affects or to any area in accordance with
25 the Lower Keys Livable Communikeys Master Plan pursuant to findings of the BOCC.
26
27 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P22-24
28 recommending to the Monroe County Board of County Commissioners approval of the proposed
29 amendment; and
30
31 WHEREAS, at a regularly scheduled meeting on the 16th day of April, 2025, the BOCC
32 held a public hearing to consider adoption of the proposed Zoning amendment;
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
35 COUNTY COMMISSIONERS:
36
37 Section 1. The above recitals, findings, and conclusions are hereby adopted and incorporated as if
38 fully set forth herein.
39
40 Section 2.The Land Use District Map amendment of the Monroe County 2030 Land Development
41 Code is amended as follows:
42
43 The property located at 24150 Overseas Highway, Summerland Key,having Parcel
44 ID Number 00190940-000200, is changed from Improved Subdivision (IS) to
45 Commercial 1 (C1) for the Property; and as shown on Exhibit 1, attached hereto
46 and incorporated herein.
Ord.No. -2025
File 2024-031 Page 2 of 3
2722
1
2 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or provision of
3 this ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity.
4
5 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
6 with this ordinance are hereby repealed to the extent of said conflict.
7
8 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
9 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
10
11 Section 6.Filin2. This ordinance shall be filed in the Office of the Secretary of the State of Florida
12 but shall not become effective until approved by the Florida State Land Planning Agency and, if
13 appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes.
14
15 Section 7. Inclusion on the Monroe County Code's Official Land Use District May. The
16 provisions of this Ordinance shall be included and incorporated on to the Official Land Use District
17 Map of Monroe County.
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
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 BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA
30
31 BY
32 MAYOR JAMES K. SCHOLL
33 ONAOF 000mTY ATTORNEY
34 (SEAL) �p.o !� ra fCIFIM
35
36 ATTEST: KEVIN MADOK, CLERK
37
38
39 AS DEPUTY CLERK
Ord.No. -2025
File 2024-031 Page 3 of 3
2723
Exhibit 1 to Ordinance # - 2024
OVERSEAS HWY
OVERSEAS HWY
•0° 0 000
Property ID Number(s):
00190940-000200
The Monroe County Land Use District is amended
as indicated above.
Land Use change of one parcel of land in Summerland Key from Improved
Subdivision District (IS) to Commercial 1 District (C1). N
W E
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2724
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 Land Use District is amended
as indicated above.
Land Use change of one parcel of land in Summerland Key from Improved
Subdivision District (IS) to Commercial 1 District (C1). N
W E
S
2727
Date:6/13/2024
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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 the Land Use District(Zoning)Map from Improved Subdivision(IS)to Commercial 1 (C1)
18 for Property Located at 24150 Overseas Highway, Summerland Key, More Particularly
19 Described as a Portion of Lot 1, Dobies Subdivision, According to the Plat Thereof,
20 Recorded at Plat Book 2, Page 95, Official Records of Monroe County, and a Portion Of
21 Lot 21, Block 2, Summerland Cove, Addition 2, According to the Plat Thereof, Recorded
22 at Plat Book 4, Page 100, Official Records of Monroe County, Currently Having Property
23 Identification Number 00190940-000200, as Requested by Maciej Jarzebowski. (File
24 2024-03 0).
25
26 Meeting: April 16, 2025
27
28 I. REQUEST
29
30 On May 29, 2024, the Planning and Environmental Resources Department received an amended
31 application from Spottswood, Spottswood, Spottswood, and Sterling PLCC, on behalf of Maciej
32 Jarzebowski (the "Applicant")to amend the Land Use District(Zoning)Map amendment from Improved
33 Subdivision (IS) to Commercial 1 (C1) for property located at 24150 Overseas Highway, Summerland
34 Key, (the "Property") currently having Parcel Identification Number 00190940-000200.
35
BOCC SR 04.16.2025 Page I of 13
File 2024-031
2728
I The Applicant has also requested a corresponding Future Land Use Map (FLUM) from Residential
2 Medium (RM)Ito Commercial (COMM).
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Existing LUD (Zoning)Designation Pro osed LUD (Zoning)Designation
3 II. BACKGROUND INFORMATION
4 Site Information:
5 Location: MM 24, Summerland Key
6 Addresses: 24150 Overseas Highway
7 Description: A portion of Lot 1, Dobie's Subdivision, according to the Plat thereof, as recorded in Plat
8 Book 2, Page 95, and a portion of Lot 21, Block 2, Summerland Key Cove Addition No. 2, according to
9 the plat thereof as recorded in Plat Book 4, Page 100, Public Records of Monroe County, Florida
10 Parcel Identification Numbers: 00190940-000200
11 Boundary: Affected parcel is outlined in black in the images above.
12 Applicant: Maciej Jarzebowski
13 Agent: Spottswood, Spottswood, Spottswood, and Sterling PLCC
14 Size of Properties (cumulative): 18,844.46 SF of upland area per survey by Florida Keys Land
15 Surveying, signed and sealed by Eric A. Saacs, surveyed on February 23, 2022.
16 FLUM Designation: Residential Medium (RM); pending application to amend to Commercial (COMM)
17 Land Use District: Improved Subdivision (IS); pending application to amend to Suburban Commercial
18 (SC)
19 Tier Designation: III
20 Flood Zone: AE10 and AE11
21 CBRS: No
22 Existing Permitted Use: Vacant Land
23 Existing Vegetation/Habitat: Undeveloped Land
24 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
25 residential, commercial, and public uses
26
27 The Applicant states that the reason for the proposed LUD (Zoning) amendment is:
28 "The property is directly on USHighway I and immediately adjacent to developed commercial uses. With
29 this location characteristic. It is not suitable for residential purposes. . . The availability of residential
30 ROGO allocation is uncertain in the future. "
31
32 Concurrent Applications
BOCC SR 04.16.2025 Page 2 of 13
File 2024-031
2729
I File 2024-030: The Applicant has also requested a corresponding Future Land Use Map (FLUM) from
2 Residential Medium (RM)to Commercial (COMM).
3
4 Community Meeting and Public Participation
5 In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual
6 meeting was held on August 26, 2024, to discuss the proposed Future Land Use Map (FLUM) and
7 corresponding Land Use District (Zoning) Map amendments and provide for public participation. There
8 were two speakers and one attorney representing a speaker. The adjacent property owner expressed
9 concern about a Commercial development close to his guesthouse and spoke about an ongoing trespassing
10 issue with a different adjacent property. Another speaker expressed concern about commercial uses near
11 residential.
12
13 Development Review Committee Meeting and Public Input
14 On September 24, 2024, the Development Review Committee Meeting considered the proposed
15 amendment and provided for public input. Issues similar to those raised at the community meeting were
16 again raised.
17 Planning Commission Meeting and Public Input
g proposed ....-��nd
18 On October 23, 2024, the Planning Commission met an considered the ro ose amendment,
19 provided or public input and recorrurrugna ea a„
20
21 Van Fischer,representing the property adj acent to the subject property, stated that the property owners are
22 concerned about negative effects to property value and potential disturbance from whatever activities may
23 take place. County staff noted that Monroe County Land Development Code provides that properties
24 zoned Commercial 1 adjoining properties zoned Improved Subdivision are required to install a Class D
25 buffer (Sec. 114-126. -District Boundary Buffers). A Class D landscape buffer can be 20 feet or as little
26 as 16 feet with a solid fence. The new use would be responsible for the buffer.
27
28 Prior Relevant BOCC Action
29 On July 22, 2019, the Planning & Environmental Resources Department a Plat Lot Line Adjustment of
30 the common lot lines shared between Lots 21 , Block 2, Summerland Key Cove Addition No. 2 (PB4-
31 I00) and Lot I, Amended Plat of Dobie's Subdivision (PB2- 135), having Real Estate number 00190940-
32 000000; Lot 2, Amended Plat of Dobie's Subdivision (PB2-135), having Real Estate number 00188710-
33 000000; and Lot 3, Amended Plat of Dobie's Subdivision (PB2-135), having Real Estate number
34 00188720-000000.
35
36 On May 17, 2023 the Monroe County Board of County Commissioners approved Ordinance No. 010-
37 2023 which amended the Tier Map Overlay designation for the subject property identified as currently
38 bearing Property Identification Number 00190940-000200 to be amended from Tier III-A (SPA) to Tier
39 III.
40
41
42 III. AMENDMENT REVIEW
43
44 Land Use Designation (Zoning) Comparisons
45
46 Existing
BOCC SR 04.16.2025 Page 3 of 13
File 2024-031
2730
i1
2 Sec. 130-36. Purpose of the Improved Subdivision District (IS).
3
4 The purpose of the IS district is to accommodate the legally vested residential development rights of the
5 owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this
6 LDC. For the purpose of this section, improved lots are those that are served by a dedicated and accepted
7 existing road of porous or nonporous material, that have an approved potable water supply, and that have
8 sufficient uplands to accommodate the proposed use in accordance with the required setbacks. This district
9 is not intended to be used for new land use districts of this classification within the county.
10
11 Proposed
12 Sec. 130-28. Purpose of the Commercial 1 District (Cl).
13 The purpose of the C1 district is to establish areas for commercial retail, public, institutional and
14 office uses designed and intended primarily to serve the needs of immediately surrounding residential
15 areas. This district should be established at locations convenient and accessible to residential uses to
16 reduce trips on U.S. 1.
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 Max. Net
Gross Upland Density
Area: 18,844.46 Affordable Residential 0 0 du
sf/0.43 acres Max. Net Density
Transient Allocated 0 0 du
Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zoning Standards
Commercial 1/ Market Rate Allocated 0 0 du
(Cl) Density
TDR/Market Rate 0 0 du
Residential Max. Net
Gross Upland Density
Area: 18,844.46 Affordable Residential 0 0 du
sf/0.43 acres Max. Net Density
Transient Allocated 0 0 du
Density
BOCC SR 04.16.2025 Page 4 of 13
File 2024-031
2731
Transient Max. Net Density 0 0 du
Nonresidential Uses 0.15-0.40 FAR 2,261.34 sf- 6,030.23 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
Transient Max. Net Density n/a
Nonresidential Uses + 2,261.34 sf- 6,030.23 sf
1
2 Maximum Density and IntensiLr by 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 LUD amendment would result in a decrease of
13 allocated market rate density and an increase in nonresidential intensity. The TDR/market rate
14 residential maximum net density, affordable residential maximum net density, and transient density would
15 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 the Property would be
21 dependent on the size of the property to be developed and the actual use proposed. Below is a table
22 detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1 LUD
23 in accordance with LDC Section 130-164.
24
25
Use within Commercial 1 (Cl) 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
BOCC SR 04.16.2025 Page 5 of 13
File 2024-031
2732
Light Industrial 0.30
Institutional 0.30
Public Buildings/Uses 0.30
Commercial Recreation 0.25
1
2 Compliance with Comprehensive Plan Policy 101.5.26
3 The proposed Zoning amendment from Improved Subdivision to Commercial 1 and corresponding Future
4 Land Use Map (FLUM) amendment from Residential Medium to Commercial eliminates all residential
5 allocated density on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
6 Compatibility with the Surrounding Area
7 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
8 b. Existing Tier Designation: III, Tier I properties across US 1
9 c. Number of Listed Endangered or Threatened Species: 0
10 d. Existing Use: Vacant
11 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
12 residential, restaurant, commercial, and public uses
13
14 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
15 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
16 does not result in a reduction of the level-of-service requirements established and adopted by this
17 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
18 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
19 can be reasonably met.
20
21 Traffic Circulation (Comprehensive Plan Policy 30L 1.2)
22 The Properties are located on Overseas Highway/U.S. 1 on Summerland Key at approximate mile marker
23 24. Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According
24 to the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
25 Segment 7 on Summerland Key (MM 23.0 to MM 25.0)is operating at a LOS of`B."
26
27 At the time of development approval, a trip generation analysis will be required to be submitted in order
28 to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay Study,
29 the maximum reserve volume for Segment 7 is 2,040 trips.
30
31 Potable Water(Comprehensive Plan Policy 701.1.1)
32 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
33 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
34 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
35
36 The proposed FLUM amendment would decrease permanent allocated residential density beyond what is
37 already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS for
38 potable water.
39
40 Solid Waste (Comprehensive Plan Policy 801.1.1)
BOCC SR 04.16.2025 Page 6 of 13
File 2024-031
2733
I Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
2 September 30, 2024. Currently, there is adequate capacity for solid waste generation. All commercial solid
3 waste is handled by private contract.
4
5 Sanitary Sewer Comprehensive Plan Policy 901.1.1
6 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
7 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
8 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
9 amendment would decrease the permanent allocated residential density. The combined average flows of
10 the Cudjoe Regional Wastewater Treatment System are 620,000 gpd, whereas the plant capacity is
11 940,000 gpd.1 Any proposed development on the site will either need to connect to the Cudjoe Regional
12 Wastewater Treatment District central sewer system or provide on-site sewage treatment and disposal that
13 meets the LOS standards in Policy 901.1.1.
14
15 The proposed FL UM amendment is not anticipated to adversely impact the LOSfor traffic,potable water,
16 solid waste nor sanitary sewer.
17
18 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
19 THE LOWER KEYS LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
20 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
21
22 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
23 County Year 2030 Comprehensive Plan. Specifically, it furthers:
24
25 Goal 101
26 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
27 residents and visitors, and protect valuable natural resources.
28
29 Objective 101.4
30 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
31 the needs of the future population of Monroe County.
32
33 Policy 101.4.1
34 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
35 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
36 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
37 development available within the County to maintain a maximum of 47,083 square feet of floor area
38 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
39 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
40 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
41 Reef planned development (Future development in the Ocean Reef planned development is based
42 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
43 by the Department of Community Affairs).
44
45 Objective 101.5
' FINAL—2023-2024 Lower East Coast Water Supply Plan Update I Appendix E-46
BOCC SR 04.16.2025 Page 7 of 13
File 2024-031
2734
I Monroe County shall regulate future development and redevelopment to maintain and enhance the
2 character of the community and protect natural resources by providing for the compatible distribution
3 of land uses consistent with the designations shown on the Future Land Use Map.
4
5 Policy 101.5.8
6 The principal purpose of the Commercial (COMM) future land use category is to provide for the
7 establishment of commercial zoning districts where various types of commercial retail; highway-
8 oriented sales and services; commercial recreation;light industrial;public,institutional and office uses
9 may be permitted at intensities which are consistent with the community character and the natural
10 environment. The commercial zoning districts established within this category are intended to serve
11 the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
12 accommodate transient or permanent residential development.
13
14 In order to protect environmentally sensitive lands, the following development controls shall apply to
15 all Tier I lands within this land use category:
16
17 1. only low intensity commercial uses shall be allowed; and
18 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
19
20 Policy 101.5.25
21 Monroe County hereby adopts the following density and intensity standards for the future land use
22 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
23
Future Land Use Densities and Intensities
Residential (1) Nonresidential Minimum
Future Land Use Open
Category and Allocated Density Maximum Net Maximum
b Space
Corresponding a) a) )Density Intensity Ratio(C)
Zoning (per upland acre) (per buildable acre) (floor area ratio)
Commercial 0 du N/A 0.150.50 0.20
(COMM) 0 rooms/spaces N/A
(C 1 and C2 zoning)
24
25
26 Policy 101.5.26
27 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
28 promote the reduction in overall County residential density and the preservation of Monroe County's
29 native habitat by enacting legislation which implements the following policy statements for private
30 applications for future land use map amendments which increase allowable residential allocated
31 density. Private application(s) means those applications from private entities with ownership of the
32 upland development and parcel(s) of land or includes private upland development on County-owned
33 land.
34
35 Per the Applicant: The current density,for the parcel is I unit per lot. With the change to COMM
36 there is no allowed residential density of any type. Therefore, this change of land use district will not
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I change the overall density in the County and therefore Policy 101.5.26 requirements.for offsetting
2 density decreases elsewhere is not triggered.
3
4 Objective 101.19
5 Monroe County shall address local community needs while balancing the needs of all Monroe County
6 communities. These efforts shall focus on the human crafted environment and shall be undertaken
7 through the Livable CommuniKeys Planning Program.
8
9 Policy 101.19.2
10 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
11 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
12 have been completed in accordance with the principles outlined in this section and adopted by the
13 Board of County Commissioners:
14
15 6. The Lower Keys Livable CommuniKeys Plan is incorporated by reference into the Monroe
16 County Comprehensive Plan. Adopted By Ordinance 031-2012.
17
18 Goal 102
19 Monroe County shall direct future growth to lands which are most suitable for development and shall
20 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
21 tropical hardwood hammock).
22
23 Objective 102.3
24 Monroe County shall maintain land development regulations which will direct new development to
25 areas having appropriate topography and soil conditions and to where site disturbance and man's
26 activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
27 and marine resources.
28
29 Objective 105.1
30 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
31 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
32 processes to preserve the natural environment, maintain and enhance the community character and
33 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
34 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
35
36 Policy 105.1.3
37 Monroe County shall, through its development standards and Land Development Code, continue to
38 foster the retention and redevelopment of small businesses on the U.S.1.
39
40 B. The proposed amendment is consistent with the Lower Keys Livable CommuniKeys Plan
41 Specifically it furthers:
42
43 Goal 1:
44 Monroe County shall manage future growth to preserve the rural or low density community character,
45 protect the natural environment of the Lower Keys, and maintain and encourage commercial
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I revitalization along the U.S. 1 corridor. Community character includes the cultural/traditional heritage,
2 physical character, and scale of the businesses that serve the local community in the Lower Keys area.
3
4 Objective 1.1
5 Monroe County shall continue to manage the rate of residential and non-residential growth in the
6 Lower Keys to maintain adequate levels of service and ensure a balance of land use to serve the
7 existing and future population. Use of the Tier System as the primary means to conserve natural areas,
8 focus state and county acquisition programs, manage growth in transition areas, and guide
9 development to areas most appropriate for new infill development and redevelopment.
10 Policy Item 1.1.1:
11 Monroe County is recommended to conduct an analysis, as part of the Comprehensive Plan Update,
12 to determine the Lower Keys"fair share" of projected residential and non-residential growth based on
13 assessments of the availability of appropriate sites for development (vacant, unconstrained lots in
14 improved subdivisions, vacant sites along U.S. 1, and developed properties deemed appropriate or
15 prone to redevelopment), the existing and projected demand for commercial services, and the
16 community's desire to support and improve existing businesses that serve the local community.
17
18 Objective 1.4
19 Monroe County shall encourage programs and initiatives to promote the retention of existing and the
20 creation of new businesses along the U.S. 1 Corridor that serve the local community.
21
22 Policy Item 1.4.4:
23 To protect the viability of existing businesses and prevent additional strip commercial development
24 along U.S. 1, Monroe County is encouraged to not support the designation of new commercial land
25 use districts outside areas currently designated Mixed Use/Commercial on the Future Land Use Map.
26 Changes in the existing boundaries of the Mixed Use/Commercial land use category may only occur
27 as part of the Community Center designation process.
28
29 Objective 1.5
30 Monroe County shall conduct an evaluation to determine the extent of areas along the U.S. 1 corridor
31 for compact mixed use development and prepare changes in policy and land development regulations
32 to encourage appropriate investment, conserve natural areas, support businesses that serve the local
33 community, and ensure compatibility with adjacent residential areas.
34
35 Policy Item 1.5.1:
36 The following areas designated as Mixed Use Commercial on the FLUM may be evaluated to
37 determine their potential for designation as Community Centers.
38 • Lower Sugarloaf Key (MM 16-17)
39 • Cudjoe Key (MM 22-23)
40 • Summerland Key (MM 24-25)
41 • Ramrod Key (MM 26.5-27.5)
42
43 D. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also
44 consider the analyses identified in Chapter 163, Florida Statutes and must find that the
45 amendment is consistent with the principles for guiding development as defined in Section
46 380.0552, Florida Statutes.
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1
2 Per the Applicant,
3
4 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
5 the principles for guiding development and any amendments to the principles, the principles shall be
6 construed as a whole and no specific provision shall be construed or applied in isolation from the other
7 provisions.
8 (a) Strengthening local government capabilities for managing land use and development so that
9 local government is able to achieve these objectives without continuing the area of critical state
10 concern designation.
11 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
12 seagrass beds, wetlands, fish and wildlife, and their habitat.
13 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
14 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
15 beaches, wildlife, and their habitat.
16 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
17 development.
18 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
19 Keys.
20 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
21 environment, and ensuring that development is compatible with the unique historic character
22 of the Florida Keys.
23 (g) Protecting the historical heritage of the Florida Keys.
24 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
25 major public investments, including:
26 1. The Florida Keys Aqueduct and water supply facilities;
27 2. Sewage collection, treatment, and disposal facilities;
28 3. Solid waste treatment, collection, and disposal facilities;
29 4. Key West Naval Air Station and other military facilities;
30 5. Transportation facilities;
31 6. Federal parks, wildlife refuges, and marine sanctuaries;
32 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
33 properties;
34 8. City electric service and the Florida Keys Electric Co-op; and
35 9. Other utilities, as appropriate.
36 (i) Protecting and improving water quality by providing for the construction, operation,
37 maintenance, and replacement of stormwater management facilities; central sewage collection;
38 treatment and disposal facilities; and the installation and proper operation and maintenance of
39 onsite sewage treatment and disposal systems.
40 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
41 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
42 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
43 treatment facilities through permit allocation systems.
44 (k) Limiting the adverse impacts of public investments on the environmental resources of the
45 Florida Keys.
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1 (1) Making available adequate affordable housing for all sectors of the population of the Florida
2 Keys.
3 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
4 a natural or manmade disaster and for a postdisaster reconstruction plan.
5 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
6 maintaining the Florida Keys as a unique Florida resource.
7
8 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
9 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
10
I I E.In no event shall an amendment be approved which will result in an adverse change in community
12 character to the sub-area which a proposed amendment affects or to any area in accordance
13 with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
14
15 Per the Applicant, "The Livable CommuniKeys Plan recognizes the commercial areas immediately
16 next door that contain the offices and labs of the Mote Marina Institute which may be a potential user
17 of any facility that could be developed with a change to SC[C ff zoning. This change of destination
18 supports the CommuniKeys goal offurther limiting the residential density of the Lower Keys. "
19
20 Staff does not anticipate that approval of the proposed amendment of the land use designation(zoning)
21 to result in an adverse change in community character to the sub-area which the proposed amendment
22 affects.
23
24 V. PROCESS
25
26 Any landowner or other person having a contractual interest in property desiring to petition the BOCC for
27 an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required to
28 file an application with the Planning Director accompanied by a nonrefundable application fee as
29 established from time to time by the BOCC to defray the actual cost of processing the application. After
30 receipt,the Planning Director and his or her staff shall review the proposed amendment and present it with
31 a recommendation of approval or denial to the Development Review Committee for review and comment.
32 Staff shall make a recommendation to the Planning Commission.
33
34 The Planning Commission shall review the application, the reports and recommendations of the Planning
35 and Environmental Resources Department, the comments of the Development Review Committee, and
36 the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC.
37
38 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
39 Environmental Resources Department staff, and the testimony given at the public hearings.
40
41 VIL STAFF RECOMMENDATION
42 Staff recommends approval of the proposed LUD (Zoning) amendment from Improved Subdivision (IS)
43 to Commercial I (C1) for properties located at 24150 Overseas Highway Summerland Key.
2 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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1
2 VIIL EXHIBITS
3 1. 11" X 17" Map Series LUD (Zoning) Amendment
4 2. LUD Ordinance
5
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