HomeMy WebLinkAboutItem S4 S4
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
July 16, 2025
Agenda Item Number: S4
2023-4185
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Amending
the Future Land Use Map (FLUM) Designation from Residential Medium(RM) to Mixed-
Use/Commercial(MC) for Properties Located at 104001 Overseas Highway, Key Largo, Described as
Lots 1 through 8, Block 7, Largo Sound Village, According to the Plat Thereof, as Recorded in Plat
Book 4, Page 92, of the Official Records of Monroe County, Florida, 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 Planning and Environmental Resources Department received an application from
Ty Harris, on behalf of Gustavo Solis (the Applicant) to amend the Monroe County Future Land Use
Map (FLUM) designation from Residential Medium (RM) to Mixed-Use Commercial(MC) for
properties located at 104001 Overseas Highway, Key Largo (the Property) currently having Parcel
Identification Numbers 00475160-000000, 00475170-000000, 00475180-000000, 00475190-000000,
00475200-000000 00475220-000000, and 00475230-000000. See the professional staff report for the
full analysis.
PREVIOUS RELEVANT BOCC ACTION:
There has been no previous relevant BOCC action.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval and adoption of an ordinance amending the FLUM from Residential Medium(RM) to Mixed-
Use Commercial (MC).
5454
DOCUMENTATION:
Exhibit I to Ordinance
Commerce ORC Report.pdf
11 X 17 Map Series FLUM Amendment.pdf
Draft.Ordinance.pdf
2024.099.BOCC.SR.FLUM.adopt.pdf
FINANCIAL IMPACT:
N/A
5455
Exhibit 1 to Ordinance # - 2025
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"Property ID Numbers):
00475220-000000,00475190-000000, " "'„ `••
00475200-000000,00475180-000000,
00475170-000000 00475160-000000 e�
00475230-000000
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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
5456
Date:7/8/2024
m
DACOMMERCE
SEE
INNEEM
June 11, 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. 25-02ACSC),which was received on April 5, 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.
FloridaCommerce does not identify any objections or comments to the proposed amendment and this
letter serves as the Objections, Recommendations and Comments Report. Review comments received
by FloridaCommerce from the appropriate reviewing agencies, if any, are enclosed.
The County should act by choosing to adopt,adopt with changes or not adopt the proposed
amendment. For your assistance,the procedures for final 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.
If you have any questions related to this review, please contact Adanis Suttle, Planning Analyst, by
telephone at (850)-921-3269 or by email at Adanis.Suttle@Commerce.fl.gov,
Sinnp ee ,
es D. tansbury,qC11'
f
iu reau of Community Planning and Growth h/JD S/as
Enclosure: Procedures for Adoption
cc: Cheryl Cioffari, AICP,Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, MPA, Executive Director,South Florida Regional Planning Council
µ „ II r An equal opportunity employer/program Auxiliary aids and service are avail ahlE
ml u m upon request to individuals with disabilities..All voice telephone numbers on thi
IN II� 1111 i It mild mull ii lil docurnent may be reached by persons using TTY/l"TD equipment via the Florida
m t 't" N IRelay Service at 711.
5457
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED:, Please submit electronically using FloridaCommerce's
electronic amendment submittal portal "Comprehensive_Plan ITand Amendment Upload"
)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.
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.
Effective:June 2, 2011 (updated December 2024) Page 2 of 3
5458
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."
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 3 of 3
5459
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Exhibit 1 to Ordinance # - 2025
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"Property ID Numbers):
00475220-000000,00475190-000000, " "'„ `••
00475200-000000,00475180-000000,
00475170-000000 00475160-000000 e�
00475230-000000
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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
5462
Date:7/8/2024
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
14 LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED-
15 USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT 104001
16 OVERSEAS HIGHWAY, KEY LARGO, DESCRIBED AS LOTS 1
17 THROUGH 8, BLOCK 7, LARGO SOUND VILLAGE, ACCORDING TO
18 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 92,
19 OF THE PUBLIC RECORDS OF MONROE COUNTY, CURRENTLY
20 HAVING PARCEL IDENTIFICATION NUMBERS 00475160-000000,
21 00475170-0000001 00475180-0000001 00475190-0000001 00475200-0000001
22 00475220-000000, AND 00475230-000000; AS PROPOSED BY GUSTAVO
23 SOLIS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
24 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
25 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
26 STATE; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE
27 MAP; PROVIDING FOR AN EFFECTIVE DATE.'
28
29
30 WHEREAS, on May 24, 2024, the Planning and Environmental Resources Department
31 received an application from Ty Harris, on behalf of Gustavo Solis (the"Applicant")to amend the
32 Monroe County Future Land Use Map ("FLUM") from Residential Medium ("RM") to Mixed-
33 Use/Commercial ("MC") for properties located at 104001 Overseas Highway, Key Largo, Lots 1
34 through 8, Block 7, Largo Sound Village, according to the plat thereof, as recorded in Plat Book
35 4, Page 92, of the Official Records of Monroe County, currently having parcel identification
36 numbers 00475160-000000, 00475170-000000, 00475180-000000, 00475190-000000,
37 00475200-000000 00475220-000000, and 00475230-000000; and
38
39 WHEREAS,the Applicant has also requested a corresponding Land Use District("LUD")
40 map amendment for the properties from Improved Subdivision ("IS") to Suburban Commercial
41 ("SC"); and
42
43 WHEREAS, on December 3, 2024, the Applicant held a community meeting, as required
44 by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss
1 Monroe County Planning and Environmental Resources Department File No.2024-099.
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5463
I the proposed FLUM amendment and corresponding LUD map amendment and to provide for
2 public participation; and
3
4 WHEREAS, the Monroe County Development Review Committee ("DRU) considered
5 the proposed map amendments at a regularly scheduled meeting held on January 21, 2025; and
6
7 WHEREAS, on January 21, 2025, the DRC Chair signed Resolution Nos. 01-25 and 02-
8 25 recommending approval of the proposed amendments to the LUD and FLUM Maps; and
9
10 WHEREAS, at a regularly scheduled meeting held on February 25, 2025, the Monroe
11 County Planning Commission held a public hearing for the purpose of considering the proposed
12 amendment to the FLUM of the Monroe County Year 2030 Comprehensive Plan and the proposed
13 LUD map amendment for the properties and provided for public comment; and
14
15 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
16 Resolution Nos. P05-25 and P06-25 recommending that the Monroe County Board of County
17 Commissioners ("BOCC", "Board", "Monroe County", or the "County") approve the proposed
18 amendments to the FLUM and LUD maps; and
19
20 WHEREAS, at a regular meeting held on the 161h day of April, 2025, the Monroe County
21 BOCC held a public hearing to consider the transmittal of the proposed amendment to the FLUM,
22 considered the Planning and Environmental Resources Department ("Department") professional
23 staff report and provided for public comment and public participation in accordance with the
24 requirements of state law and the procedures adopted for public participation in the planning
25 process; and
26
27 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
28 Objections, Recommendations and Comments ("ORC")report on June 11, 2025; and
29
30 WHEREAS,the ORC report did not identify any objections, or comments to the proposed
31 FLUM amendment; and
32
33 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
34 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
35
36 WHEREAS, at a regularly scheduled meeting on the 161h day of July, 2025, the BOCC
37 held a duly noticed public hearing, considered the Department's accompanying professional staff
38 report dated June 11, 2025, prepared by Barbara Powell, Planning Policy Advisor, and through
39 Senior Director Devin Tolpin, A.LC.P.,' C.F.M.,3 and considered adoption of the proposed FLUM
40 amendment;
41
42 WHEREAS,based upon the information and documentation submitted,the BOCC makes
43 the following findings of fact and conclusions of law:
44
American Institute of Certified Planners(A.LC.P.)certification.
3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
2of5
5464
I 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
2 Monroe County Year 2030 Comprehensive Plan; and
3 2. The proposed amendment is consistent with the Principles for Guiding Development
4 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
5 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
6 4. The proposed amendment will not result in an adverse change in community character
7 to the sub-area which a proposed amendment affects.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
10 OF COUNTY COMMISSIONERS:
11
12 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
13 statements of legislative intent, and conclusions of law are true and correct
14 and are hereby incorporated as if fully stated herein.
15
16 Section 2. The Future Land Use Map ("FLUM") of the Monroe County 2030 Comprehensive
17 Plan is amended as follows:
18
19 The properties located at 104001 Overseas Highway, Key Largo, currently
20 having Parcel Identification Numbers 00475160-000000, 00475170-000000,
21 00475180-000000, 00475190-000000, 00475200-000000 00475220-000000,
22 and 00475230-000000 are changed from Residential Medium (RM)to Mixed-
23 Use Commercial (MC) as shown on Exhibit 1, attached hereto and
24 incorporated herein.
25
26 Section 3. The analysis, findings of fact, and conclusions of law in the June 11, 2025-dated
27 Monroe County Planning and Environmental Resources Department
28 ("Department") professional staff report accompanying this BOCC agenda item,
29 prepared from Department Policy Planning Advisor Barbara Powell and through
30 Senior Director Devin Tolpin, A.LC.P., C.F.M., is/are adopted as the BOCC's own
31 analysis, findings of fact, and conclusions of law, and the BOCC hereby
32 incorporates said professional staff report as if fully set forth herein.
33
34 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
35 ambiguities, within this Ordinance or between this Ordinance and the
36 Monroe County Code of Ordinances, Florida Building Code, Monroe
37 County Land Development Code, floodplain management regulations,
38 Comprehensive Plan, Letter of Understanding ("LOU"), Letter of
39 Development Rights Determination("LDRD"), or any other approval of the
40 Monroe County Board of County Commissioners,Monroe County Planning
41 Commission, Monroe County Planning & Environmental Resources
42 Department, or other department or office of Monroe County, the rule,
43 regulation, law, LOU, LDRD, provision, and/or text more restrictive shall
44 always apply and control.
45
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5465
I Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
2 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
3 County Codes, Florida Statutes, and floodplain management regulations whose
4 interpretation arise out of, relate to, or are interpreted in connection with this
5 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
6 and such interpretation shall be entitled to great weight in adversarial administrative
7 proceedings, at trial, in bankruptcy, and on appeal.
8
9 Section 6. This Ordinance neither ratifies nor approves,nor shall be interpreted as ratifying or
10 approving, any violation or violations of the Monroe County Code of Ordinances,
11 Monroe County Land Development Code, Monroe County Comprehensive Plan,
12 floodplain management regulations, Florida Building Code, Florida Statutes,
13 Florida Administrative Code, or any other law, rule, or regulation,whether Federal
14 or of the State or of Monroe County, and shall not be construed as ratifying or
15 approving of any such violation of law(s), rule(s), or regulation(s).
16
17 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
18 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
19 require compliance with the Monroe County Codes, Monroe County
20 Comprehensive Plan, floodplain management regulations, Florida Building Code,
21 Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation,
22 whether at law or in equity.
23
24 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
25 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
26 or unenforceable in or by any administrative hearing officer or court of competent
27 jurisdiction, the invalidity or unenforceability of such provision, or any part or
28 portion thereof, shall neither limit nor impair the operation, enforceability, or
29 validity of any other provision of this Ordinance, or any remaining part(s) and/or
30 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
31 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
32
33 Section 9. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
34 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
35 shall not repeal the repealing clause of such ordinance or revive any ordinance
36 which has been repealed thereby.
37
38 Section 10. Transmittal. This Ordinance shall be transmitted to the Florida State Land
39 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
40
41 Section 11. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
42 secretary of the State of Florida but shall not become effective until a notice is
43 issued by the State Land Planning Agency or Administration Commission finding
44 the amendment in compliance, and if challenged, until such challenge is resolved
45 pursuant to Chapter 120, Florida Statutes.
46
4of5
5466
I Section 12. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
2 incorporated in the Monroe County Comprehensive Plan and included on the Future
3 Land Use Map.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on this 16'h day of July, 2025.
7
8 Mayor James K. Scholl
9 Mayor Pro Tem Michelle Lincoln
10 Commissioner Craig Cates
11 Commissioner David Rice
12 Commissioner Holly Merrill Raschein
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
17 By:
18 Mayor James K. Scholl
19
UONnOE COUNTY ATTORNEY
20 (SEAL) q"R ks 10f011Mi
21 ATTEST: KEVIN MADOK, CLERK Date:
22
23 By:
24 AS DEPUTY CLERK
5 of 5
5467
2
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: Devin Tolpin, A.LC.P.,i C.F.M.2
11 Senior Director, Monroe County Planning and Environmental Resources Department
12
13 From: Barbara Powell
14 Planning Policy Advisor, Monroe County Planning and Environmental Resources Department
15
16 Date: June 11, 2025
17
18 Subiect: An Ordinance by the Monroe County Board of County Commissioners amending the
19 Monroe County Future Land Use Map ("FLUM") from Residential Medium ("RM") to
20 Mixed-Use/Commercial ("MC") for property located at 104001 Overseas Highway, Key
21 Largo, as requested by Gustavo Solis.'
22
23 Meeting: July 16, 2025
24
25 I. REQUEST
26
27 On May 24, 2024, the Monroe County Planning and Environmental Resources Department received an
28 application from Ty Harris, on behalf of Gustavo Solis (the Applicant) to amend the Monroe County
29 Future Land Use Map ("FLUM") from Residential Medium ("RM") to Mixed-Use/Commercial ("MC")
30 for property located at 104001 Overseas Highway, Key Largo, (the "Property" or"Properties") currently
31 having Parcel Identification Numbers 00475160-000000, 00475170-000000, 00475180-000000,
32 00475190-000000, 00475200-000000 00475220-000000, and 00475230-000000.
33
34 The Applicant has also requested a corresponding Land Use District ("LUD") Map amendment from
35 Improved Subdivision ("IS")to Suburban Commercial ("SC").
36
37 II. BACKGROUND INFORMATION:
38 Site Information:
39 Location: MM 104, Key Largo.
40 Address(es): 104001 Overseas Highway.
41 Description: Lots 1-8, Block 7, LARGO SOUND VILLAGE, according to the Plat thereof, as recorded
42 in Plat Book 4, Page 92, of the Public Records of Monroe County, Florida.
i American Institute of Certified Planners(A.I.C.P.)certification.
'Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No. 2024-099.
BOCC SR 07.16.2025 Page 1 of 15
File 2024-099
5468
I Parcel Identification Numbers: 00475160-000000, 00475170-000000, 00475180-000000, 00475190-
2 000000, 00475200-000000, 00475220-000000, and 00475230-000000.
3 Boundary: Affected parcel is outlined in black in the images below.
4 Owner/Applicant: Gustavo Solis.
5 Agent: Ty Harris.
6 Size of Properties:4 51,771 Square Feet.
7 Future Land Use Map ("FLUM") Designation: Residential Medium (RM); pending application to
8 amend to Mixed-Use Commercial (MC).
9 Land Use District ("LUD") Designation: Improved Subdivision (IS); pending application to amend to
10 Suburban Commercial (SC).
11 Tier Designation: HI.
12 Flood Zone: X.
13 CBRS: No.
14 Existing Permitted Use: Boat Sales.
15 Existing Vegetation/Habitat: Developed Land.
16 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
17 residential, commercial, and public uses.
18
/ /a r I /rrr � �% �r l��l✓�/r7 /� ��,' rii J / rrr ri i
��// / �N/nrrNff,i/����Df711J�/'/'i�!r�/��„rf I, / r/ifx/y/%//fli�lnfl(1Jl/J�'/r/✓/rl fl/
W�r
� % /
i r ly
Existing FLUM Designation Proposed FLUM Designation
19
20 The Applicant states that the reason for the proposed FLUM amendment is:
21 "Due to the existing zoning and FLUM the owner is unable to re-build the commercial sign that was
22 destroyed in Hurricane Irma. A Buildingpermit to replace the sign is contingent on an amendment to the
23 FLUMand zoning to commercial. "
24
25 Concurrent Applications:
26 The Applicant has also requested a corresponding Land Use District ("LUD") Map amendment from
27 Improved Subdivision ("IS")to Suburban Commercial ("SC").
28
a Cumulative.
BOCC SR 07.16.2025 Page 2 of 15
File 2024-099
5469
I Community Meeting and Public Participation:
2 In accordance with Land Development Code ("LDC") Section 102-159(a), a community meeting is
3 required to be held. The virtual meeting was held on December 3, 2024, to discuss the proposed FLUM
4 amendment(s) and corresponding LUD Map amendment(s) and provide for public participation. There
5 were no public comments offered.
6
7 Development Review Committee Meeting and Public Input:
8 On January 21, 2025, the Development Review Committee ("DRC") meeting considered the proposed
9 amendment and provided for public input.
10
11 Planning Commission Meeting and Public Input:
12 On February 25, 2025, the Monroe County Planning Commission considered the proposed amendment,
13 provided for public input and recommended approval of the proposed map amendment through Planning
14 Commission Resolution No. P05-25.
15
16 Board of County Commissioners Transmittal to State Land Planning A2ency:
17 On April 16,2025, at a regularly scheduled meeting,the Monroe County Board of County Commissioners
18 (`BOCC", "Board", "Monroe County", or the"County") held a public hearing to consider the transmittal
19 of the proposed Future Land Use Map amendment, considered the Planning and Environmental Resources
20 Department ("Department") professional staff report, and provided for public comment and public
21 participation in accordance with the requirements of state law and the procedures adopted for public
22 participation in the planning process. The Board adopted BOCC Resolution No. 167-2025 transmitting
23 the proposed amendment to the State Land Planning Agency (Florida Department of Commerce) for
24 review and comment.
25
26 Following the Florida Department of Commerce's review of the proposed amendment, a letter was issued
27 on June 11, 2025, which served as their Objections, Recommendations and Comments ("ORC") report
28 (attached). The Florida Department of Commerce did not identify any objections or comments. There
29 were no comments received from reviewing agencies.
30
31 Prior Relevant BOCC Action:
32 There has been no previous Board Action pertaining to the Property.
33
34 111.AMENDMENT REVIEW:
35
36 FLUM Catezory Comparisons:
37
38 Existing:
39 Policy 101.5.3
40 The principal purpose of the Residential Medium (RM) future land use category is to recognize those
41 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and
42 to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have
43 an approved potable water supply, and have sufficient uplands to accommodate the residential uses.
44 Development on vacant land within this land use category shall be limited to one residential dwelling unit
45 for each such platted lot or parcel which existed on or before January 4, 1996.
46
BOCC SR 07.16.2025 Page 3 of 15
File 2024-099
5470
I Proposed:
2 Policy 101.5.6
3 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
4 establishment of mixed use commercial land use (zoning) districts where various types of commercial
5 retail and office may be permitted at intensities which are consistent with the community character and
6 the natural environment. Employee housing and commercial apartments are also permitted. In addition,
7 Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may
8 include maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
9 institutional,public, and commercial retail uses.
10
11 This future land use category is also intended to allow for the establishment of mixed use development
12 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
13 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
14 continue to take a proactive role in encouraging the preservation and enhancement of community character
15 and recreational and commercial working waterfronts.
16
17 In order to protect environmentally sensitive lands, the following development controls shall apply to all
18 hammocks,pinelands, and disturbed wetlands within this land use category:
19 1. Only low intensity commercial uses shall be allowed;
20 2. A maximum floor area ratio of 0.10 shall apply to nonresidential development; and
21 3. Maximum net residential density shall be zero.
22
23 In order to preserve and promote recreational and commercial working waterfront uses, as defined by
24 [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime
25 Industries (MI) land use (zoning) district within this land use category:
26 1. When a mixture of uses is proposed for parcels designated as MI land use(zoning)district,working
27 waterfront and water dependent uses, such as marina,fish house/market,boat repair,boat building,
28 boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining
29 a minimum of 35% of the upland area of the property for those uses.
30 To incentivize additional preservation of recreational and commercial working waterfront uses,
31 the following shall be available:
32 i. For the preservation of 3650%of the upland area of property for working waterfront and
33 water dependent uses, up to 20,000 square feet of nonresidential floor area from the
34 NROGO bank shall be provided to the property; and
35 ii. For the preservation of 50% or more of the upland area of property for working waterfront
36 and water dependent uses, the residential density on the property may be developed
37 pursuant to the maximum net density standard without the use of TDRs.
38 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the
39 wet slips for vessels involved with recreational and commercial working waterfront uses,
40 excluding live-aboard vessels solely used as a residence and not for navigation.
41 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet
42 slips for vessels involved with recreational and commercial working waterfront uses, excluding
43 live-aboard vessels solely used as a residence and not for navigation.
BOCC SR 07.16.2025 Page 4 of 15
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5471
1 4. The preservation of dockage for recreational and commercial working waterfront uses shall be
2 documented on the final development plan and shall be a written condition of any permit approval.
3 5. For permanent residential development, parcels within the MI zoning district shall be limited to
4 commercial apartments or employee housing. Commercial apartment means an attached or
5 detached residential dwelling unit located on the same parcel of land as a nonresidential use that
6 is intended to serve as permanent housing for the owner or employees of that nonresidential use.
7 The term does not include a tourist housing use or vacation rental use.
8 6. The preservation of a public access walkway, and a public access boat launch if one already exists,
9 shall be required for all parcels with direct access to the water. Consideration shall be given to
10 security and the physical constraints of the parcel. The public access walkway shall be documented
11 on the final development plan to link a continuous walkway and shall be a written condition of any
12 permit approval.
13 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000
14 square feet of floor area. (Ord. No. 032-2012)
15
16 Maximum Density and Intensity by Land Use District.
17 The table below provides a comparison of the development potential for residential, transient and
18 commercial development of the Properties under the existing LUD and FLUM categories as compared to
19 the proposed, amended, LUD and FLUM categories. LDC Section 130-156(b) states: "The density and
20 intensity provisions set out in this section are intended to be applied cumulatively so that no development
21 shall exceed the total density limits of this article. For example, if a development includes both residential
22 and commercial development, the total gross amount of development shall not exceed the cumulated
23 permitted intensity of the parcel proposed for 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
BOCC SR 07.16.2025 Page 5 of 15
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5472
(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 du
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
1
2 As shown in the orange portion of the table, the proposed FLUM amendment(from Residential Medium
3 ("RM")to Mixed-Use/Commercial("MC"))with the Suburban Commercial("SC")LUD would not result
4 in an increase of allocated market rate density. However, it would be an increase in transient
5 allocated and max net density, and an increase in nonresidential intensity.
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 ("SC") 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
BOCC SR 07.16.2025 Page 6 of 15
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5473
I Compliance with Comprehensive Plan Policy 101.5.26:
2 The proposed FLUM amendment from Residential Medium to Mixed-Use Commercial with the
3 concurrent zoning amendment from Improved Subdivision to Suburban Commercial does not result in an
4 increase of residential allocated density on the Properties and therefore eliminates the need to mitigate
5 under Policy 101.5.26.
6
7 Compatibility with the Surrounding Area:
8 a. Existing Vegetation/Habitat: Developed Land, Impervious Surface
9 b. Existing Tier Designation: III, Tier I and Tier II-A properties adjacent on side and rear lot lines,
10 respectively
11 c. Number of Listed Endangered or Threatened Species: 0
12 d. Existing Use: Boat Sales
13 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
14 residential, restaurant, commercial, and public uses
15
16 Concurrency Analysis (Comprehensive Plan Policy 101.1.11:
17 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
18 does not result in a reduction of the level-of-service requirements established and adopted by this
19 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
20 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
21 can be reasonably met.
22
23 Traffic Circulation (Comprehensive Plan Policy 301.1.2):
24
25 The Properties are located on Overseas Highway/U.S. Highway 1 in Key Largo at approximate mile
26 marker 104. Pursuant to the Comprehensive Plan,the level of service ("LOS") standard for U.S. 1 is LOS
27 "C."
28
29 According to the 2021 U.S. 1 Arterial Travel Time and Delay Study, U.S. 1 overall is operating at a LOS
30 of"C" and Segment 23 on Key Largo (MM 99.5 to MM 106.0)is operating at a LOS of"A."
31
32 At the time of development approval, a trip generation analysis will be required to be submitted in order
33 to verify sufficient roadway capacity. According to the 2021 U.S. 1 Arterial Travel Time and Delay Study
34 ("ATTDS"), the maximum reserve volume for Segment 23 is 11,148 trips.
35
36 Potable Water (Comprehensive Plan Policy 701.1.11:
37 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
38 treatment design capacity of 29.8 million gallons per day ("MGD") and is capable of treating up to 23.8
39 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
40
41 The proposed FLUM amendment would not increase permanent allocated residential density beyond what
42 is already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS for
43 potable water.
44
45
46
BOCC SR 07.16.2025 Page 7 of 15
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5474
I Solid Waste (Comprehensive Plan Policy 8011.1):
2 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
3 September 30, 2029. Currently,there is adequate capacity for solid waste generation. All commercial solid
4 waste is handled by private contract.
5
6 Sanitary Sewer (Comprehensive Plan Policy 901.1.1):
7 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
8 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
9 nonresidential flow is 167 gallons per day per equivalent dwelling unit ("EDU"). The proposed FLUM
10 amendment would not increase the permanent allocated residential density.
11
12 The combined average flows of the Key Largo Wastewater Treatment System are 1,970,000 gpd,whereas
13 the plant capacity is 3,450,000 gpd. Any proposed development on the site will either need to connect to
14 the Key Largo Wastewater Treatment District central sewer system, or provide on-site sewage treatment
15 and disposal that meets the LOS standards in Policy 901.1.1.
16
17 The proposed FLUMamendment is not anticipated to adversely impact the LOSfor traffic,potable water,
18 solid waste nor sanitary sewer.
19
20 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
21 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
22 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT:
23
24 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
25 County Year 2030 Comprehensive Plan. Specifically,it furthers:
26
27 Goal 101:
28 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
29 residents and visitors, and protect valuable natural resources.
30
31 Obiective 101.4:
32 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
33 the needs of the future population of Monroe County.
34
35 Policy 101.4.1:
36 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
37 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
38 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
39 development available within the County to maintain a maximum of 47,083 square feet of floor area
40 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
41 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
42 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
43 Reef planned development (Future development in the Ocean Reef planned development is based
44 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
45 by the Department of Community Affairs).
46
BOCC SR 07.16.2025 Page 8 of 15
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I Obiective 101.5:
2 Monroe County shall regulate future development and redevelopment to maintain and enhance the
3 character of the community and protect natural resources by providing for the compatible distribution
4 of land uses consistent with the designations shown on the Future Land Use Map.
5
6 Policy 101.5.6:
7 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
8 the establishment of mixed use commercial land use (zoning) districts where various types of
9 commercial retail and office may be permitted at intensities which are consistent with the community
10 character and the natural environment. Employee housing and commercial apartments are also
11 permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas
12 of mixed uses, which may include maritime industry, light industrial uses, commercial fishing,
13 transient and permanent residential, institutional,public, and commercial retail uses.
14
15 This future land use category is also intended to allow for the establishment of mixed use development
16 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
17 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
18 continue to take a proactive role in encouraging the preservation and enhancement of community
19 character and recreational and commercial working waterfronts.
20
21 In order to protect environmentally sensitive lands, the following development controls shall apply to
22 all hammocks,pinelands, and disturbed wetlands within this land use category:
23 1. only low intensity commercial uses shall be allowed;
24 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
25 3. maximum net residential density shall be zero.
26
27 In order to preserve and promote recreational and commercial working waterfront uses, as defined by
28 [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime
29 Industries (MI) land use (zoning) district within this land use category:
30 4. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district,
31 working waterfront and water dependent uses, such as marina, fish house/market, boat repair,
32 boat building, boat storage, or other similar uses but excluding transient uses, shall be
33 preserved by maintaining a minimum of 35% of the upland area of the property for those uses.
34
35 To incentivize additional preservation of recreational and commercial working waterfront uses,
36 the following shall be available:
37 i. For the preservation of 3650% of the upland area of property for working waterfront
38 and water dependent uses, up to 20,000 square feet of nonresidential floor area from
39 the NROGO bank shall be provided to the property; and
40 ii. For the preservation of 50% or more of the upland area of property for working
41 waterfront and water dependent uses, the residential density on the property may be
42 developed pursuant to the maximum net density standard without the use of TDRs.
BOCC SR 07.16.2025 Page 9 of 15
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5476
1 5. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of
2 the wet slips for vessels involved with recreational and commercial working waterfront uses,
3 excluding live-aboard vessels solely used as a residence and not for navigation.
4 6. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the
5 wet slips for vessels involved with recreational and commercial working waterfront uses,
6 excluding live-aboard vessels solely used as a residence and not for navigation.
7 7. The preservation of dockage for recreational and commercial working waterfront uses shall be
8 documented on the final development plan and shall be a written condition of any permit
9 approval.
10 8. For permanent residential development, parcels within the MI zoning district shall be limited
11 to commercial apartments or employee housing. Commercial apartment means an attached or
12 detached residential dwelling unit located on the same parcel of land as a nonresidential use
13 that is intended to serve as permanent housing for the owner or employees of that
14 nonresidential use. The term does not include a tourist housing use or vacation rental use.
15 9. The preservation of a public access walkway, and a public access boat launch if one already
16 exists, shall be required for all parcels with direct access to the water. Consideration shall be
17 given to security and the physical constraints of the parcel. The public access walkway shall
18 be documented on the final development plan to link a continuous walkway and shall be a
19 written condition of any permit approval.
20 10. Parcels within the MI zoning district shall be limited to commercial retail uses of less than
21 5,000 square feet of floor area. (Ord. No. 032-2012)
22
23 Policy 101.5.25:
24 Monroe County hereby adopts the following density and intensity standards for the future land use
25 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
26
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Open
Use Category (a) Maximum Net Maximum Space
and Allocated Density
Corresponding (per upland acre) Density (a)ro) Intensity Ratio (°)
(per buildable acre) (floor area ratio)
Zoning
1 du 2 du(Ml)
(DR, MU, MI) 6-18 du(SC) (k> 0.10-0.45
Mixed Use 3 du(SC) 12 du(UC) (SC,UC, DR, MU)
Commercial 6 du(UC) 12-18 du(MU) (k> 0.20
Commercial Apartments du <2,500 SF(RV)
18 DR
(RV) (h> ( )
5-15 rooms/spaces
10-25 rooms/spaces 0.30-0.60(MI)
27
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I Policy 101.5.26:
2 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
3 promote the reduction in overall County residential density and the preservation of Monroe County's
4 native habitat by enacting legislation which implements the following policy statements for private
5 applications for future land use map amendments which increase allowable residential allocated
6 density. Private application(s) means those applications from private entities with ownership of the
7 upland development and parcel(s) of land or includes private upland development on County-owned
8 land.
9
10 Private applications requesting future land use map designation amendments received after the
11 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
12 density shall be required, upon amendment approval, to comply with either option (1) or(2)below:
13 ...
14 Refer to Comprehensive Plan Policy 101.5.26 for full text.
15
16 Per the Applicant: No change in density.
17
18 Plannin2 and Environmental Resources Department Professional Staff Analysis: The proposed
19 FL UMamendmentfrom Residential Medium to Mixed-Use Commercial with the concurrent zoning
20 amendment from Improved Subdivision to Suburban Commercial results in a decrease of residential
21 allocated density on the Properties. Without regard to the concurrent zoning, there is no increase in
22 allocated density and therefore eliminates the need to mitigate under Policy 101.5.26.
23
24 Obiective 101.19:
25 Monroe County shall address local community needs while balancing the needs of all Monroe County
26 communities. These efforts shall focus on the human crafted environment and shall be undertaken
27 through the Livable CommuniKeys Planning Program.
28
29 Policy 101.19.2:
30 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
31 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
32 have been completed in accordance with the principles outlined in this section and adopted by the
33 Board of County Commissioners:
34
35 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
36 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan
37 have been adopted and approved as equivalent to the term Objectives in the Comprehensive
38 Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been
39 adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items
40 without a green checkmark next to them are not considered to be consistent with the definitions
41 of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by BOCC
42 Ordinance No. 012-2007.
43
44
45
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I Goal 102:
2 Monroe County shall direct future growth to lands which are most suitable for development and shall
3 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
4 tropical hardwood hammock).
5
6 Obiective 102.3:
7 Monroe County shall maintain land development regulations which will direct new development to
8 areas having appropriate topography and soil conditions and to where site disturbance and man's
9 activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
10 and marine resources.
11
12 Obiective 105.1:
13 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
14 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
15 processes to preserve the natural environment, maintain and enhance the community character and
16 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
17 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
18
19 Policy 105.1.3:
20 Monroe County shall, through its development standards and Land Development Code, continue to
21 foster the retention and redevelopment of small businesses on the U.S. 1.
22
23 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
24 Specifically it furthers:
25
26 Goal 1:
27 Direct future growth to lands that are most suitable for development and encourage preservation of
28 environmentally sensitive lands.
29
30 Strategy 1.3 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use
31 type, density and intensity on individual parcels within the planning area.
32
33 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in
34 the planning area where appropriate.
35
36 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
37 nonconforming uses,proposed changes in use,vacant parcels and other requests, based mainly on
38 comprehensive planning principles and the following community-goal related criteria:
39 a. Promote infill, design flexibility and transfer of density to Community Centers.
40 b. Preserve commercial conformance status within sections along US-1 predominated by
41 existing commercial businesses and disturbed lands.
42 c. Encourage sun-setting of intensive commercial uses within sections along US-1
43 predominated by natural habitat or native-dominated landscape, relatively sparse
44 development and relatively few businesses.
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I d. Preserve commercial use status for existing waterfront uses that support the tourist-based
2 and working waterfront-based economy.
3 e. Give consideration to whether the property provides a unique or outstanding opportunity
4 for enhancement of design, connectivity and other community goals, especially along the
5 US-1 corridor.
6
7 C. For text amendments to the Comprehensive Plan and FLUM amendments,the BOCC must also
8 consider the analyses identified in Chapter 163, Florida Statutes and must find that the
9 amendment is consistent with the Principles for Guiding Development as defined in Section
10 380.0552, Florida Statutes.
11
12 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
13 the principles for guiding development and any amendments to the principles, the principles shall be
14 construed as a whole and no specific provision shall be construed or applied in isolation from the other
15 provisions.
16
17 (a) Strengthening local government capabilities for managing land use and development so that
18 local government is able to achieve these objectives without continuing the area of critical state
19 concern designation.
20 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
21 seagrass beds, wetlands, fish and wildlife, and their habitat.
22 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
23 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
24 beaches, wildlife, and their habitat.
25 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
26 development.
27 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
28 Keys.
29 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
30 environment, and ensuring that development is compatible with the unique historic character
31 of the Florida Keys.
32 (g) Protecting the historical heritage of the Florida Keys.
33 (h) Protecting the value, efficiency,cost-effectiveness, and amortized life of existing and proposed
34 major public investments, including:
35 1. The Florida Keys Aqueduct and water supply facilities;
36 2. Sewage collection, treatment, and disposal facilities;
37 3. Solid waste treatment, collection, and disposal facilities;
38 4. Key West Naval Air Station and other military facilities;
39 5. Transportation facilities;
40 6. Federal parks, wildlife refuges, and marine sanctuaries;
41 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
42 properties;
43 8. City electric service and the Florida Keys Electric Co-op; and
44 9. Other utilities, as appropriate.
45 (i) Protecting and improving water quality by providing for the construction, operation,
46 maintenance, and replacement of stormwater management facilities; central sewage collection;
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I treatment and disposal facilities; and the installation and proper operation and maintenance of
2 onsite sewage treatment and disposal systems.
3 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
4 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
5 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
6 treatment facilities through permit allocation systems.
7 (k) Limiting the adverse impacts of public investments on the environmental resources of the
8 Florida Keys.
9 (1) Making available adequate affordable housing for all sectors of the population of the Florida
10 Keys.
11 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
12 a natural or manmade disaster and for a post-disaster reconstruction plan.
13 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
14 maintaining the Florida Keys as a unique Florida resource.
15
16 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
17 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
18
19 D.In no event shall an amendment be approved which will result in an adverse change in community
20 character to the sub-area which a proposed amendment affects or to any area in accordance
21 with a Livable CommuniKeys Master Plan pursuant to findings of the BOCC.
22
23 Planning and Environmental Resources Department professional staff does not anticipate that approval
24 of the proposed amendment of the FLUM will result in an adverse change in community character to
25 the sub-area which the proposed amendment affects. The Property is adjacent to existing commercial
26 uses and located on U.S. 1.
27
28 V. PROCESS:
29
30 Any landowner or other person having a contractual interest in property desiring to petition the BOCC for
31 an amendment to the land use district ("LUD") map, overlay district map or FLUM shall be required to
32 file an application with the Planning Director accompanied by a nonrefundable application fee as
33 established from time to time by the BOCC to defray the actual cost of processing the application. After
34 receipt,the Planning Director and his or her staff shall review the proposed amendment and present it with
35 a recommendation of approval or denial to the Development Review Committee for review and comment.
36 Staff shall make a recommendation to the Planning Commission.
37
38 The Planning Commission shall review the application,the reports and recommendations of the Planning
39 and Environmental Resources Department, the comments of the Development Review Committee, and
40 the testimony given at the public hearing,and shall submit its recommendations and findings to the BOCC.
41
42 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
43 Environmental Resources Department staff, and the testimony given at the public hearings.
44
45
46
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I VII. PROFESSIONAL STAFF RECOMMENDATION:
2
3 Planning and Environmental Resources Department professional staff recommends approval of the
4 proposed FLUM amendment from Residential Medium ("RM") to Mixed-Use/Commercial ("MC") for
5 subject properties located at 104001 Overseas Highway Key Largo.
6
7 VIII. EXHIBITS:
8 1. 11" X 17" Map Series FLUM Amendment
9 2. Objections, Recommendations, and Comments Report (FloridaCommerce)
10 3. Ordinance
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