HomeMy WebLinkAboutItem Q3 Q3
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: Q3
2023-3852
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
to the State Land Planning Agency an Ordinance, as Proposed by Gustavo Solis, Amending the Monroe
County Future Land Use Map (FLUM) from Residential Medium (RM) to Mixed-Use Commercial
(MC) for Property Located at 1104001 Overseas Highway, Key Largo, Lots 1 through 8, Block 7 Largo
Sound Village, according to the Plat Thereof, as Recorded in Plat Book 4, at Page 92, of the Official
Records of Monroe County, Currently Having Parcel Identification Numbers 00475160-000000,
00475170-000000, 00475180-000000, 00475190-000000, 00475200-000000 00475220-000000, and
00475230-000000.
ITEM BACKGROUND:
On May 24, 2024, the Monroe County Planning and Environmental Resources Department
("Department")received an application from Ty Harris, on behalf of Gustavo Solis (the "Applicant") to
amend the Monroe County Future Land Use Map ("FLUM") from Residential Medium ("RM") to
Mixed-Use Commercial("MC") for property located at 104001 Overseas Highway, Key Largo,
currently having Parcel Identification Numbers 00475160-000000, 00475170-000000, 00475180-
000000, 00475190-000000, 00475200-000000 00475220-000000, and 00475230-000000.
*See attached Staff Report for complete analysis.*
PREVIOUS RELEVANT BOCC ACTION:
NA
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
NA
2741
STAFF RECOMMENDATION:
Professional staff recommends approval of the proposed FLUM amendment from Residential Medium
(RM) to Mixed-Use Commercial (MC) for the subject properties located at 104001 Overseas Highway,
Key Largo.
DOCUMENTATION:
Exhibit A to Resolution - Ordinance.docx
Exhibit I to Ordinance - Map.pdf
11 X 17 Map Series FLUM Amendment.pdf
2024-099—BOCC—SR—FLUM.pdf
Transmittal—Resolution.pdf
FINANCIAL IMPACT:
NA
2742
1 = EXHIBIT A TO RES. NO. -2025
7 / t
s
6
7
8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. - 2025
11
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE
15 LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED-USE
16 COMMERCIAL (MC) FOR PROPERTY LOCATED AT 104001
17 OVERSEAS HIGHWAY, KEY LARGO, LOTS 1 THROUGH 8, BLOCK 7
18 LARGO SOUND VILLAGE, ACCORDING TO THE PLAT THEREOF,AS
19 RECORDED IN PLAT BOOK 4,AT PAGE 92,OF THE PUBLIC RECORDS
20 OF MONROE COUNTY, CURRENTLY HAVING PARCEL
21 IDENTIFICATION NUMBERS 00475160-000000, 00475170-000000,
22 00475180-000000,00475190-000000,00475200-000000 00475220-000000,AND
23 00475230-000000; AS PROPOSED BY GUSTAVO SOLIS; PROVIDING
24 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
27 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN
28 AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
29 PROVIDING FOR AN EFFECTIVE DATE.
30
31
32 WHEREAS, on May 24, 2024, the Planning and Environmental Resources Department
33 received an application from Ty Harris, on behalf of Gustavo Solis (the Applicant) to amend the
34 Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to Mixed-Use
35 Commercial (MC) for property located at 104001 Overseas Highway, Key Largo, Lots 1 through
36 8, Block 7 Largo Sound Village, according to the plat thereof, as recorded in plat book 4, at page
37 92, of the public records of Monroe County, currently having parcel identification numbers
38 00475160-000000, 00475170-000000, 00475180-000000, 00475190-000000, 00475200-000000
39 00475220-000000, and 00475230-000000; and
40
41 WHEREAS,the Applicant has also requested a corresponding Land Use(Zoning)District
42 map amendment for the subject property from Improved Subdivision (IS)to Commercial 1 (C1);
43 and
44 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
45 proposed amendment at a regularly scheduled meeting held on January 21, 2025; and
46
Ord.No. -2025
File 2024-099 Page 1 of 4
2743
I WHEREAS, the Monroe County Planning Commission held a public hearing on the
2 February 25, 2025, for review and recommendation on the proposed Future Land Use Map
3 amendment; and
4
5 WHEREAS, the Monroe County Planning Commission made the following findings of
6 fact and conclusions of law:
7
8 1. The proposed FLUM is not anticipated to adversely impact the community character
9 of the surrounding area;
10 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
11 adopted Level of Service (LOS);
12 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 Monroe County Year 2030 Comprehensive Plan; and
14 4. The proposed amendment is consistent with the Principles for Guiding Development
15 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
16 5. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and
17 6. The proposed amendment will not result in an adverse change in community character
18 to the sub-area which a proposed amendment affects or to any area in accordance with
19 the Lower Keys Livable Communikeys Master Plan pursuant to findings of the BOCC.
20
21
22 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P05-25
23 recommending to the Monroe County Board of County Commissioners approval of the proposed
24 amendment; and
25
26 WHEREAS, at a regular meeting held on the 16'h day of April, 2025, the Monroe County
27 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
28 amendment, considered the staff report and provided for public comment and public participation
29 in accordance with the requirements of state law and the procedures adopted for public
30 participation in the planning process; and
31
32 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
33 Objections, Recommendations and Comments (ORC)report on received by the County
34 on ; and
35
36 WHEREAS, the ORC report <did/did not> identify any objections, or comments to the
37 proposed amendment; and
38
39 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
40 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
41
42 WHEREAS, at a regularly scheduled meeting on the day of the
43 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
44 amendment;
45
Ord.No. -2025
File 2024-099 Page 2 of 4
2744
I NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
2 COUNTY COMMISSIONERS:
3
4 Section 1.The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended
5 as follows:
6
7 The property located at 104001 Overseas Highway, Key Largo, currently having
8 Parcel Identification Numbers 00475160-000000, 00475170-000000, 00475180-
9 000000, 00475190-000000, 00475200-000000 00475220-000000, AND
10 00475230-000000; is changed from Residential Medium (RM) to Mixed-Use
11 Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated herein.
12
13 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of
14 this ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity.
15
16 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
17 with this ordinance are hereby repealed to the extent of said conflict.
18
19 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
20 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
21
22 Section 5. Filin2 and Effective Date. This ordinance shall be filed in the Office of the secretary
23 of the State of Florida but shall not become effective until a notice is issued by the State Land
24 Planning Agency or Administration Commission finding the amendment in compliance, and if
25 challenged,until such challenge is resolved pursuant to Chapter 120, Florida Statutes.
26
27 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
28 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
29 Map.
30
31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
32 Florida, at a regular meeting held on the day of
33
34 Mayor James K. Scholl, District 3
35 Mayor Pro Tem Michelle Lincoln, District 2
36 Commissioner Craig Cates, District 1
37 Commissioner David Rice, District 4
38 Commissioner Holly Merrill Raschein, District 5
39
40
41 BOARD OF COUNTY COMMISSIONERS
42 OF MONROE COUNTY, FLORIDA
43
44 BY
45 MAYOR JAMES K. SCHOLL
46
Ord.No. -2025
File 2024-099 Page 3 of 4
2745
I (SEAL)
2
3 ATTEST: KEVIN MADOK, CLERK
4
5
6 AS DEPUTY CLERK
Ord.No. -2025
File 2024-099 Page 4 of 4
2746
Exhibit 1 to Ordinance # - 2024
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The Monroe County Future Land Use District is amended
as indicated above.
Future Land Use change of seven parcels of land in Key Largo from Residential
� Medium (RM) to Mixed Use/Commercial (MC). N
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2747
Date:7/8/2024
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The Monroe County Future Land Use District is amended
as indicated above.
Future Land Use change of seven parcels of land in Key Largo from Residential
� Medium (RM) to Mixed Use/Commercial (MC). N
W E
S
2750
Date:7/8/2024
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 21, 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 Mixed-
18 Use Commercial (MC) for property located at 104001 Overseas Highway, Key Largo, as
19 proposed by Gustavo Solis (File 2024-099).
20
21 Meeting: Board of County Commissioners—April 16, 2025
22
23 I. REQUEST
24
25 On May 24, 2024, the Planning and Environmental Resources Department received an application from
26 Ty Harris, on behalf of Gustavo Solis (the Applicant)to amend the Monroe County Future Land Use Map
27 (FLUM)from Residential Medium (RM)to Mixed-Use Commercial (MC)for property located at 104001
28 Overseas Highway, Key Largo, (Property) currently having Parcel Identification Numbers 00475160-
29 000000, 00475170-000000, 00475180-000000, 00475190-000000, 00475200-000000 00475220-000000,
30 and 00475230-000000.
31
32 The Applicant has also requested a corresponding Land Use District (Zoning) Map amendment from
33 Improved Subdivision (IS)to Suburban Commercial (SC).
34
35 II. BACKGROUND INFORMATION
36 Site Information:
37 Location: MM 104, Key Largo
38 Addresses: 104001 Overseas Highway
39 Description: Lots 1-8, Block 7, LARGO SOUND VILLAGE, according to the Plat thereof, as recorded
40 in Plat Book 4, at Page 92, of the Public Records of Monroe County, Florida
41 Parcel Identification Numbers: 00475160-000000, 00475170-000000, 00475180-000000, 00475190-
42 000000, 00475200-000000, 00475220-000000, and 00475230-000000.
43 Boundary: Affected parcel is outlined in black in the images below.
44 Applicant: Gustavo Solis
45 Agent: Ty Harris
46 Size of Properties (cumulative): 51,771 Square Feet
BOCC SR 04.16.2025 Page I of 14
File 2024-099
2751
I FLUM Designation: Residential Medium (RM); pending application to amend to Mixed-Use
2 Commercial (MC)
3 Land Use District: Improved Subdivision (IS); pending application to amend to Suburban Commercial
4 (SC)
5 Tier Designation: III
6 Flood Zone: X
7 CBRS: No
8 Existing Permitted Use: Boat Sales
9 Existing Vegetation/Habitat: Developed Land
10 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
11 residential, commercial, and public uses
12
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Existing FLUM Designation Proposed FLUM Designation
13
14
15 The Applicant states that the reason for the proposed FLUM amendment is:
16 "Due to the existing zoning and FLUM the owner is unable to re-build the commercial sign that was
17 destroyed in Hurricane Irma. A Buildingpermit to replace the sign is contingent on an amendment to the
18 FLUMand zoning to commercial. "
19
20 Concurrent Applications
21 The Applicant has also requested a corresponding Land Use District (Zoning) Map amendment from
22 Improved Subdivision (IS)to Suburban Commercial (SC).
23
24 Community Meeting and Public Participation
25 In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual
26 meeting was held on December 3, 2024, to discuss the proposed Future Land Use Map (FLUM) and
27 corresponding Land Use District (Zoning) Map amendments and provide for public participation. There
28 were no public comments offered.
29
BOCC SR 04.16.2025 Page 2 of 14
File 2024-099
2752
I Development Review Committee Meeting and Public Input
2 On January 21, 2025, the Development Review Committee Meeting considered the proposed amendment
3 and provided for public input.
4
5 Planning Commission Meeting and Public Input
6 On February 25, 2025, the Planning Commission met and considered the proposed amendment and
7 provided for public input.
8
9 Prior Relevant BOCC Action
10 There has been no previous Board Action pertaining to the Property.
11
12 III. AMENDMENT REVIEW
13
14 FL UM Category Comparisons
15
16 Existing
17 Policy 101.5.3:
18 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
19 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and
20 to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have
21 an approved potable water supply, and have sufficient uplands to accommodate the residential uses.
22 Development on vacant land within this land use category shall be limited to one residential dwelling unit
23 for each such platted lot or parcel which existed on or before January 4, 1996.
24
25 Proposed
26 Policy 101.5.6
27 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
28 establishment of mixed use commercial land use (zoning) districts where various types of commercial
29 retail and office may be permitted at intensities which are consistent with the community character and
30 the natural environment. Employee housing and commercial apartments are also permitted. In addition,
31 Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may
32 include maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
33 institutional, public, and commercial retail uses.
34
35 This future land use category is also intended to allow for the establishment of mixed use development
36 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
37 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
38 continue to take a proactive role in encouraging the preservation and enhancement of community character
39 and recreational and commercial working waterfronts.
40
41 In order to protect environmentally sensitive lands, the following development controls shall apply to all
42 hammocks, pinelands, and disturbed wetlands within this land use category:
43 1. only low intensity commercial uses shall be allowed;
44 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
45 3. maximum net residential density shall be zero.
46
BOCC SR 04.16.2025 Page 3 of 14
File 2024-099
2753
I In order to preserve and promote recreational and commercial working waterfront uses, as defined by
2 [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime
3 Industries (MI)land use (zoning) district within this land use category:
4 1. When a mixture of uses is proposed for parcels designated as MI land use(zoning)district,working
5 waterfront and water dependent uses, such as marina,fish house/market,boat repair,boat building,
6 boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining
7 a minimum of 35% of the upland area of the property for those uses.
8 To incentivize additional preservation of recreational and commercial working waterfront uses,
9 the following shall be available:
10 i. For the preservation of 3650% of the upland area of property for working waterfront and
11 water dependent uses, up to 20,000 square feet of nonresidential floor area from the
12 NROGO bank shall be provided to the property; and
13 ii. For the preservation of 50% or more of the upland area of property for working waterfront
14 and water dependent uses, the residential density on the property may be developed
15 pursuant to the maximum net density standard without the use of TDRs.
16 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the
17 wet slips for vessels involved with recreational and commercial working waterfront uses,
18 excluding live-aboard vessels solely used as a residence and not for navigation.
19 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet
20 slips for vessels involved with recreational and commercial working waterfront uses, excluding
21 live-aboard vessels solely used as a residence and not for navigation.
22 4. The preservation of dockage for recreational and commercial working waterfront uses shall be
23 documented on the final development plan and shall be a written condition of any permit approval.
24 5. For permanent residential development, parcels within the MI zoning district shall be limited to
25 commercial apartments or employee housing. Commercial apartment means an attached or
26 detached residential dwelling unit located on the same parcel of land as a nonresidential use that
27 is intended to serve as permanent housing for the owner or employees of that nonresidential use.
28 The term does not include a tourist housing use or vacation rental use.
29 6. The preservation of a public access walkway, and a public access boat launch if one already exists,
30 shall be required for all parcels with direct access to the water. Consideration shall be given to
31 security and the physical constraints of the parcel. The public access walkway shall be documented
32 on the final development plan to link a continuous walkway and shall be a written condition of any
33 permit approval.
34 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000
35 square feet of floor area. (Ord. No. 032-2012)
36
37 Maximum Density and IntensiLr by Land Use District
38 The table below provides a comparison of the development potential for residential, transient and
39 commercial development of the Properties under the existing Land Use (zoning) District and FLUM
40 category as compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the
41 Land Development Code states: "The density and intensity provisions set out in this section are intended
42 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
BOCC SR 04.16.2025 Page 4 of 14
File 2024-099
2754
I example, if a development includes both residential and commercial development, the total gross amount
2 of development shall not exceed the cumulated permitted intensity of the parcel proposed for
3 development.'
Maximum Development Potential by FLUM Designation
Existing FLUM Type Adopted Development Potential
Standards
Market Rate Allocated 1.0 du/lot 7 du
Residential Density
Medium (RM) TDR/Market Rate 0 0 du
Residential Max. Net
Gross Upland Density
Area: 51,771 sf/ Affordable Residential 0 0 du
1.19 acres Max. Net Density
Transient Allocated 0 0 du
Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed FLUM Type Adopted Development Potential
Standards
Mixed-Use/ Market Rate Allocated 6 7 du
Commercial Density
(MC) TDR/Market Rate 18 17 du
Residential Max. Net
Density
Gross Upland Affordable Residential 18 17 du
Area: 51,771 sf/ Max. Net Density
1.19 acres Transient Allocated 5-15 5-17
Density
Transient Max. Net Density 10-25 9-23 rooms/spaces
rooms/spaces
Nonresidential Uses 0.10-0.60 FAR 4,141.68 sf—24,840.08 sf
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density +0 du
Cumulative TDR/Market Rate Residential Max. Net +17 n/a
Properties Density
Based on Affordable Residential Max. Net Density +17 du
FLUM/LUD
Amendments Transient Allocated Density + 17 rooms spaces
Transient Max. Net Density + 23 rooms/spaces
Nonresidential Uses +4,141.68 sf—24,840.08 sf
BOCC SR 04.16.2025 Page 5 of 14
File 2024-099
2755
I As shown in the orange portion of the table, the proposed FLUM amendment(from Residential Medium
2 to Mixed-Use Commercial) with the Suburban Commercial LUD would not result in an increase of
3 allocated market rate density, an increase in transient allocated and max net density, and an
4 increase in nonresidential intensity. The TDR/market rate residential maximum net density, affordable
5 residential maximum net density, and transient density would remain at 0.
6
7 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
8 LDC Section 138-49.
9
10 The total amount of new nonresidential floor area that could be constructed on either of the Properties
11 would be dependent on the size of the property to be developed and the actual use proposed. Below is a
12 table detailing the maximum floor area ratios permitted based on proposed use within the Suburban
13 Commercial LUD in accordance with LDC Section 130-164.
14
Use within Suburban Commercial 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
15
16 Compliance with Comprehensive Plan Policy 101.5.26
17 The proposed FLUM amendment from Residential Medium to Mixed-Use Commercial with the
18 concurrent zoning amendment from Improved Subdivision to Suburban Commercial does not result in an
19 increase of residential allocated density on the Properties and therefore eliminates the need to mitigate
20 under Policy 101.5.26.
21
22 Compatibility with the Surrounding Area
23 a. Existing Vegetation/Habitat: Developed Land, Impervious Surface
24 b. Existing Tier Designation: III, Tier I and Tier II-A properties adjacent on side and rear lot lines,
25 respectively
26 c. Number of Listed Endangered or Threatened Species: 0
27 d. Existing Use: Boat Sales
28 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
29 residential, restaurant, commercial, and public uses
30
31 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
32 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
33 does not result in a reduction of the level-of-service requirements established and adopted by this
34 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
35 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
36 can be reasonably met.
37
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I Traffic Circulation (Comprehensive Plan Policy 30L 1.2)
2 The Properties are located on Overseas Highway/U.S. 1 in Key Largo at approximate mile marker 104.
3 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
4 the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
5 Segment 23 on Key Largo (MM 99.5 to MM 106.0)is operating at a LOS of"A."
6
7 At the time of development approval, a trip generation analysis will be required to be submitted in order
8 to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay Study,
9 the maximum reserve volume for Segment 23 is 11,148 trips.
10
11 Potable Water(Comprehensive Plan Policy 701.1.1)
12 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
13 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
14 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
15
16 The proposed FLUM amendment would not increase permanent allocated residential density beyond what
17 is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS for
18 potable water.
19
20 Solid Waste (Comprehensive Plan Policy 801.1.1)
21 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
22 September 30, 2029. Currently, there is adequate capacity for solid waste generation. All commercial solid
23 waste is handled by private contract.
24
25 Sanitary Sewer Comprehensive Plan Policy 901.1.1
26 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
27 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
28 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
29 amendment would not increase the permanent allocated residential density. The combined average flows
30 of the Cudjoe Regional Wastewater Treatment System are 620,000 gpd, whereas the plant capacity is
31 940,000 gpd.i Any proposed development on the site will either need to connect to the Cudjoe Regional
32 Wastewater Treatment District central sewer system or provide on-site sewage treatment and disposal that
33 meets the LOS standards in Policy 901.1.1.
34
35 The proposed FL UM amendment is not anticipated to adversely impact the LOSfor traffic,potable water,
36 solid waste nor sanitary sewer.
37
38 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
39 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
40 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
41 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
42 County Year 2030 Comprehensive Plan. Specifically, it furthers:
43
44 Goal 101
45 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
' DRAFT—2023-2024 Lower East Coast Water Supply Plan Update I E-9
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I residents and visitors, and protect valuable natural resources.
2
3 Objective 101.4
4 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
5 the needs of the future population of Monroe County.
6
7 Policy 101.4.1
8 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
9 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
10 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
11 development available within the County to maintain a maximum of 47,083 square feet of floor area
12 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
13 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
14 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
15 Reef planned development (Future development in the Ocean Reef planned development is based
16 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
17 by the Department of Community Affairs).
18
19 Objective 101.5
20 Monroe County shall regulate future development and redevelopment to maintain and enhance the
21 character of the community and protect natural resources by providing for the compatible distribution
22 of land uses consistent with the designations shown on the Future Land Use Map.
23
24 Policy 101.5.6
25 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
26 the establishment of mixed use commercial land use (zoning) districts where various types of
27 commercial retail and office may be permitted at intensities which are consistent with the community
28 character and the natural environment. Employee housing and commercial apartments are also
29 permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas
30 of mixed uses, which may include maritime industry, light industrial uses, commercial fishing,
31 transient and permanent residential, institutional, public, and commercial retail uses.
32
33 This future land use category is also intended to allow for the establishment of mixed use development
34 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
35 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
36 continue to take a proactive role in encouraging the preservation and enhancement of community
37 character and recreational and commercial working waterfronts.
38
39 In order to protect environmentally sensitive lands, the following development controls shall apply to
40 all hammocks, pinelands, and disturbed wetlands within this land use category:
41 1. only low intensity commercial uses shall be allowed;
42 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
43 3. maximum net residential density shall be zero.
44
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I In order to preserve and promote recreational and commercial working waterfront uses, as defined by
2 [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime
3 Industries (MI)land use (zoning) district within this land use category:
4 4. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district,
5 working waterfront and water dependent uses, such as marina, fish house/market, boat repair,
6 boat building, boat storage, or other similar uses but excluding transient uses, shall be
7 preserved by maintaining a minimum of 35% of the upland area of the property for those uses.
8
9 To incentivize additional preservation of recreational and commercial working waterfront uses,
10 the following shall be available:
11 i. For the preservation of 3650% of the upland area of property for working waterfront
12 and water dependent uses, up to 20,000 square feet of nonresidential floor area from
13 the NROGO bank shall be provided to the property; and
14 ii. For the preservation of 50% or more of the upland area of property for working
15 waterfront and water dependent uses, the residential density on the property may be
16 developed pursuant to the maximum net density standard without the use of TDRs.
17 5. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of
18 the wet slips for vessels involved with recreational and commercial working waterfront uses,
19 excluding live-aboard vessels solely used as a residence and not for navigation.
20 6. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the
21 wet slips for vessels involved with recreational and commercial working waterfront uses,
22 excluding live-aboard vessels solely used as a residence and not for navigation.
23 7. The preservation of dockage for recreational and commercial working waterfront uses shall be
24 documented on the final development plan and shall be a written condition of any permit
25 approval.
26 8. For permanent residential development, parcels within the MI zoning district shall be limited
27 to commercial apartments or employee housing. Commercial apartment means an attached or
28 detached residential dwelling unit located on the same parcel of land as a nonresidential use
29 that is intended to serve as permanent housing for the owner or employees of that
30 nonresidential use. The term does not include a tourist housing use or vacation rental use.
31 9. The preservation of a public access walkway, and a public access boat launch if one already
32 exists, shall be required for all parcels with direct access to the water. Consideration shall be
33 given to security and the physical constraints of the parcel. The public access walkway shall
34 be documented on the final development plan to link a continuous walkway and shall be a
35 written condition of any permit approval.
36 10. Parcels within the MI zoning district shall be limited to commercial retail uses of less than
37 5,000 square feet of floor area. (Ord. No. 032-2012)
38
39 Policy 101.5.25
40 Monroe County hereby adopts the following density and intensity standards for the future land use
41 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
42
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Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Open
Use Category Maximum Net Maximum Space
and Allocated Density (a) p
Density (a)
Corresponding (per upland acre) ro) Intensity Ratio�°�
(per buildable acre) (floor area ratio)
Zoning
1 du 2 du(MI)
(DR, MU MI) 6-18 du(SC) (k) 0.10-0.45
Mixed Use 3 du (SC) 12 du (UC) (SC, UC, DR, MU)
6 du (UC) (k�
Commercial Commercial Apartments 12-18 du (MU) <2,500 SF(RV) 0.20
(RV) (h) 18 du (DR)
5-15 rooms/spaces
10-25 rooms/spaces 0.30-0.60 (MI)
1
2 Policy 101.5.26
3 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
4 promote the reduction in overall County residential density and the preservation of Monroe County's
5 native habitat by enacting legislation which implements the following policy statements for private
6 applications for future land use map amendments which increase allowable residential allocated
7 density. Private application(s) means those applications from private entities with ownership of the
8 upland development and parcel(s) of land or includes private upland development on County-owned
9 land.
10
11 Per the Applicant: No change in density.
12
13 Staff Analysis: The proposed FL UMamendmentfrom Residential Medium to Mixed-Use
14 Commercial with the concurrent zoning amendment from Improved Subdivision to Suburban
15 Commercial results in a decrease ofresidential allocated density on the Properties. Without regard
16 to the concurrent zoning, there is no increase in allocated density and therefore eliminates the need
17 to mitigate under Policy 101.5.26.
18
19 Objective 101.19
20 Monroe County shall address local community needs while balancing the needs of all Monroe County
21 communities. These efforts shall focus on the human crafted environment and shall be undertaken
22 through the Livable CommuniKeys Planning Program.
23
24 Policy 101.19.2
25 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
26 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
27 have been completed in accordance with the principles outlined in this section and adopted by the
28 Board of County Commissioners:
29
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1 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
2 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan
3 have been adopted and approved as equivalent to the term Objectives in the Comprehensive
4 Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been
5 adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items
6 without a green checkmark next to them are not considered to be consistent with the definitions
7 of"Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance
8 012-2007.
9
10 Goal 102
11 Monroe County shall direct future growth to lands which are most suitable for development and shall
12 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
13 tropical hardwood hammock).
14
15 Objective 102.3
16 Monroe County shall maintain land development regulations which will direct new development to
17 areas having appropriate topography and soil conditions and to where site disturbance and man's
18 activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
19 and marine resources.
20
21 Objective 105.1
22 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
23 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
24 processes to preserve the natural environment, maintain and enhance the community character and
25 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
26 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
27
28 Policy 105.1.3
29 Monroe County shall, through its development standards and Land Development Code, continue to
30 foster the retention and redevelopment of small businesses on the U.S.1.
31
32 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
33 Specifically it furthers:
34
35 Goal 1:
36 Direct future growth to lands that are most suitable for development and encourage preservation of
37 environmentally sensitive lands.
38
39 Strategy 1.3 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use
40 type, density and intensity on individual parcels within the planning area.
41
42 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in
43 the planning area where appropriate.
44
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I Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
2 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
3 comprehensive planning principles and the following community-goal related criteria:
4 a. Promote infill, design flexibility and transfer of density to Community Centers.
5 b. Preserve commercial conformance status within sections along US-1 predominated by existing
6 commercial businesses and disturbed lands.
7 c. Encourage sun-setting of intensive commercial uses within sections along US-1 predominated by
8 natural habitat or native-dominated landscape, relatively sparse development and relatively few
9 businesses.
10 d. Preserve commercial use status for existing waterfront uses that support the tourist-based and
11 working waterfront-based economy.
12 e. Give consideration to whether the property provides a unique or outstanding opportunity for
13 enhancement of design, connectivity and other community goals, especially along the US-1
14 corridor.
15
16 C. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also
17 consider the analyses identified in Chapter 163, Florida Statutes and must find that the
18 amendment is consistent with the principles for guiding development as defined in Section
19 380.0552, Florida Statutes.
20
21 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
22 the principles for guiding development and any amendments to the principles, the principles shall be
23 construed as a whole and no specific provision shall be construed or applied in isolation from the other
24 provisions.
25
26 (a) Strengthening local government capabilities for managing land use and development so that
27 local government is able to achieve these objectives without continuing the area of critical state
28 concern designation.
29 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
30 seagrass beds, wetlands, fish and wildlife, and their habitat.
31 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
32 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
33 beaches, wildlife, and their habitat.
34 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
35 development.
36 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
37 Keys.
38 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
39 environment, and ensuring that development is compatible with the unique historic character
40 of the Florida Keys.
41 (g) Protecting the historical heritage of the Florida Keys.
42 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
43 major public investments, including:
44 1. The Florida Keys Aqueduct and water supply facilities;
45 2. Sewage collection, treatment, and disposal facilities;
46 3. Solid waste treatment, collection, and disposal facilities;
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1 4. Key West Naval Air Station and other military facilities;
2 5. Transportation facilities;
3 6. Federal parks, wildlife refuges, and marine sanctuaries;
4 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
5 properties;
6 8. City electric service and the Florida Keys Electric Co-op; and
7 9. Other utilities, as appropriate.
8 (i) Protecting and improving water quality by providing for the construction, operation,
9 maintenance, and replacement of stormwater management facilities; central sewage collection;
10 treatment and disposal facilities; and the installation and proper operation and maintenance of
11 onsite sewage treatment and disposal systems.
12 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
13 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
14 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
15 treatment facilities through permit allocation systems.
16 (k) Limiting the adverse impacts of public investments on the environmental resources of the
17 Florida Keys.
18 (1) Making available adequate affordable housing for all sectors of the population of the Florida
19 Keys.
20 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
21 a natural or manmade disaster and for a postdisaster reconstruction plan.
22 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
23 maintaining the Florida Keys as a unique Florida resource.
24
25 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
26 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
27
28 D.In no event shall an amendment be approved which will result in an adverse change in community
29 character to the sub-area which a proposed amendment affects or to any area in accordance
30 with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
31
32 Staff does not anticipate that approval of the proposed amendment of the FLUM to result in an adverse
33 change in community character to the sub-area which the proposed amendment affects. The Property
34 is adjacent to existing commercial uses and located on US 1.
35
36
37 V. PROCESS
38
39 Any landowner or other person having a contractual interest in property desiring to petition the BOCC for
40 an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required to
41 file an application with the Planning Director accompanied by a nonrefundable application fee as
42 established from time to time by the BOCC to defray the actual cost of processing the application. After
43 receipt,the Planning Director and his or her staff shall review the proposed amendment and present it with
44 a recommendation of approval or denial to the Development Review Committee for review and comment.
45 Staff shall make a recommendation to the Planning Commission.
46
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I The Planning Commission shall review the application, the reports and recommendations of the Planning
2 and Environmental Resources Department, the comments of the Development Review Committee, and
3 the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC.
4 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
5 Environmental Resources Department staff, and the testimony given at the public hearings.
6
7 VIL STAFF RECOMMENDATION
8
9 Staff recommends approval of the proposed FLUM amendment from Residential Medium(RM)to Mixed-
10 Use Commercial (MC)for properties located at 104001 Overseas Highway Key Largo.
11
12 VIIL EXHIBITS
13 1. 11" X 17" Map Series FLUM Amendment
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2 � r
3 r�
5
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2025
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
15 AGENCY PROPERTY LOCATED AT 104001 OVERSEAS HIGHWAY,
16 KEY LARGO, LOTS 1 THROUGH 8, BLOCK 7 LARGO SOUND
17 VILLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
18 PLAT BOOK 4, AT PAGE 92, OF THE PUBLIC RECORDS OF MONROE
19 COUNTY, CURRENTLY HAVING PARCEL IDENTIFICATION
20 NUMBERS 00475160-000000, 00475170-000000, 00475180-000000, 00475190-
21 000000, 00475200-000000 00475220-000000, AND 00475230-000000; AS
22 PROPOSED BY GUSTAVO SOLIS; PROVIDING FOR SEVERABILITY;
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
25 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
26 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND
27 FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
28 FOR AN EFFECTIVE DATE. (FILE NO. 2024-030)
29 ---------------------------------------------------------------------------------------------------------------------
30
31 WHEREAS, the Monroe County Board of County Commissioners conducted a public
32 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
33 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
34 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
35 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
36 Comprehensive Plan as described above; and
37
38 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
39 County Commissioners support the transmittal of the requested Future Land Use Map amendment;
40
41 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
43
44 Section 1: The Board of County Commissioners does hereby adopt the recommendation of the
45 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
46 review of the proposed Future Land Use Map amendment.
Resolution -2025 Page 1 of 2
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47
48 Section 2. The Board of County Commissioners does hereby transmit the proposed
49 amendment to the State Land Planning Agency for review and comment in
50 accordance with the State Coordinated Review process pursuant to Section
51 163.3184(4), Florida Statutes.
52
53 Section 3. The Monroe County staff is given authority to prepare and submit the required
54 transmittal letter and supporting documents for the proposed amendment in
55 accordance with the requirements of Section 163.3184(4), Florida Statutes.
56
57 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
58 resolution to the Director of Planning.
59
60
61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
62 Florida, at a regular meeting held on the day of
63
64 Mayor James K. Scholl, District 3
65 Mayor Pro Tem Michelle Lincoln, District 2
66 Commissioner Craig Cates, District 1
67 Commissioner David Rice, District 4
68 Commissioner Holly Merrill Raschein, District 5
69
70
71
72
73 BOARD OF COUNTY COMMISSIONERS
74 OF MONROE COUNTY, FLORIDA
75
76 BY
77 MAYOR JAMES K. SCHOLL
78
79 (SEAL) NnOC,COUNTY ATTORNEY
RNEY
a wrrs Tcsa
80 Dais; "
81 ATTEST: KEVIN MADOK, CLERK
82
83
84 DEPUTY CLERK
Resolution -2025 Page 2 of 2
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