HomeMy WebLinkAboutItem S5 S5
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: S5
2023-4187
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 Land Use District Map From Improved Subdivision(IS) to Suburban Commercial (SC) for
Properties Located at 104001 Overseas Highway, Key Largo, Described as Lots 1-8, 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, 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 Land Use District
(Zoning) Map from Improved Subdivision(IS) to Suburban Commercial(SC) 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 Land Use
District(Zoning) Map from Improved Subdivision(IS) to Suburban Commercial (SC).
DOCUMENTATION:
5483
Exhibit I to Ordinance_pdf
Gustavo Solis— —LUD—Amendment—Maps_.pdf
2024-100—BOCC SR—LDC-Adopt.pdf
20241 00—LUD—Ordinance.pdf
FINANCIAL IMPACT:
N/A
5484
Exhibit 1 to Ordinance # - 2025
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The Monroe County Land Use District is amended
as indicated above.
Land Use change of seven parcels of land in Key Largo from Improved Subdivision
District (IS) to Suburban Commercial District (SC). N
W E
S
5485
Date:7/8/2024
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Exhibit 1 to Ordinance # - 2025
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00475220-000000,00475190-000000, " "'„ `••
00475200-000000,00475180-000000,
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00475230-000000
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The Monroe County Land Use District is amended
as indicated above.
Land Use change of seven parcels of land in Key Largo from Improved Subdivision
District (IS) to Suburban Commercial District (SC). N
W E
S
5488
Date:7/8/2024
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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 Land Use District ("LUD") Map from Improved Subdivision ("IS") to
20 Suburban Commercial ("SC") for property located at 104001 Overseas Highway, Key
21 Largo, as requested by Gustavo Solis.'
22
23 Meeting: July 16, 2025
24
25 I. REOUEST:
26
27 On May 24, 2024, the Planning and Environmental Resources Department received an application from
28 Ty Harris, on behalf of Gustavo Solis (the Applicant) to amend the Monroe County Land Use District
29 ("LUD")Map from Improved Subdivision("IS")to Suburban Commercial ("SC")for property located at
30 104001 Overseas Highway, Key Largo, (the Property) currently having Parcel Identification Numbers
31 00475160-000000, 00475170-000000, 00475180-000000, 00475190-000000, 00475200-000000,
32 00475220-000000, and 00475230-000000.
33
34 II. BACKGROUND INFORMATION:
35 Site Information:
36 Location: MM 104, Key Largo.
37 Address(es): 104001 Overseas Highway.
38 Description: Lots 1-8, Block 7, LARGO SOUND VILLAGE, according to the Plat thereof, as recorded
39 in Plat Book 4, at Page 92, of the Public Records of Monroe County, Florida.
40 Parcel Identification Numbers: 00475160-000000, 00475170-000000, 00475180-000000, 00475190-
41 000000, 00475200-000000, 00475220-000000, and 00475230-000000.
42 Boundary: Affected parcels are outlined in black in the images below.
43 Applicant: Gustavo Solis.
i American Institute of Certified Planners(A.I.C.P.)certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No. 2024-100.
BOCC.SR.07.16.2025 Page 1 of 12
File 2024-100
5489
I Agent: Ty Harris.
2 Size of Properties:' 51,771 Square Feet.
3 Future Land Use Map ("FLUM") Designation: Residential Medium (RM); pending application to
4 amend to Mixed-Use Commercial (MC).
5 Land Use District ("LUD") Designation: Improved Subdivision (IS); pending application to amend to
6 Suburban Commercial (SC).
7 Tier Designation: III.
8 Flood Zone: X.
9 CBRS: No.
10 Existing Permitted Use: Boat Sales.
11 Existing Vegetation/Habitat: Developed Land.
12 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
13 residential, commercial, and public uses.
14
OF
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Affiff
Existing Zoning Designation Proposed Zoning Designation
15
16 The Applicant states that the reason for the proposed Zoning amendment is:
17 "Due to the existing zoning and FLUM the owner is unable to re-build the commercial sign that was
18 destroyed in Hurricane Irma. A Buildingpermit to replace the sign is contingent on an amendment to the
19 FLUMand zoning to commercial. "
20
21 Concurrent Applications:
22 The Applicant has also requested a corresponding Future Land Use Map ("FLUM") amendment from
23 Residential Medium ("RM")to Mixed-Use Commercial ("MC").
24
25 Community Meeting and Public Participation:
26 In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual
27 meeting was held on December 3, 2024, to discuss the proposed LUD Map and corresponding FLUM
28 amendment(s) and provide for public participation. There were no public comments offered.
29
30 Development Review Committee Meeting and Public Input:
a Cumulative.
BOCC.SR.07162025 Page 2 of 12
File 2024-100
5490
I On January 21, 2025, the Development Review Committee ("DRC") meeting considered the proposed
2 LUD Map and corresponding FLUM amendment(s) and provided for public input.
3
4 Plannin2 Commission Meeting and Public Input:
5 On February 25, 2025, the Monroe County Planning Commission considered the proposed amendment,
6 provided for public input and recommended approval of the proposed LUD amendment through Planning
7 Commission Resolution P06-25.
8
9 Prior Relevant BOCC Action:
10 There has been no previous BOCC pertaining to the subject Property(ies).
11
12 III.AMENDMENT REVIEW:
13
14 Zonin,- Catezory Comparisons:
15 The Property currently has a Land Use District(Zoning) designation of Improved Subdivision (IS) and a
16 Future Land Use Map (FLUM) designation of Residential Medium (RM).
17
18 Existing:
19 Sec. 130-36. Purpose of the Improved Subdivision District(IS).
20 The purpose of the IS district is to accommodate the legally vested residential development rights of the
21 owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this
22 LDC. For the purpose of this section, improved lots are those that are served by a dedicated and accepted
23 existing road of porous or nonporous material, that have an approved potable water supply, and that have
24 sufficient uplands to accommodate the proposed use in accordance with the required setbacks. This district
25 is not intended to be used for new land use districts of this classification within the county.
26
27 Proposed:
28 Sec. 130-46. Purpose of the Suburban Commercial District(SC).
29 The purpose of the SC district is to establish areas for commercial uses designed and intended primarily
30 to serve the needs of the immediate planning area in which they are located. This district should be
31 established at locations convenient and accessible to residential areas to reduce trips on U.S. 1.
32
33 Maximum Density and Intensity by Land Use District.
34 The table below provides a comparison of the development potential for residential, transient and
35 commercial development of the Properties under the existing Land Use (zoning) District and FLUM
36 category as compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the
37 Land Development Code states: "The density and intensity provisions set out in this section are intended
38 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
39 example, if a development includes both residential and commercial development,the total gross amount
40 of development shall not exceed the cumulated permitted intensity of the parcel proposed for
41 development."
BOCC.SR.07.16.2025 Page 3 of 12
File 2024-100
5491
Maximum Development Potential by FLUM Designation and Land Use District (Zoning)
Existing Type Adopted Development Potential
Zoning/FLUM Standards
Improved Market Rate Allocated 1.0 du/lot 7 du
Subdivision (IS)/ Density
TDR/Market Rate 0 0 du
Residential Residential Max. Net
Medium (RM) Density
Affordable Residential 0 0 du
Gross Upland Max. Net Density
Area: 51,771 sf/ Transient Allocated 0 0 du
1.19 acres Density
Transient Max. Net Density 0 0 du
Nonresidential Uses 0 0 sf
Proposed Type Adopted Development Potential
Zonin /FLUM Standards
Mixed-Use/ Market Rate Allocated 6 7 du
Commercial Density
(MC) TDR/Market Rate 18 17 du
Residential Max. Net
Suburban Density
Commercial Affordable Residential 18 17 du
(SC) Max. Net Density
Transient Allocated 5-15 5-17 du
Gross Upland Density
Area: 51,771 sf/ Transient Max. Net Density 10-25 9-23 rooms/spaces
1.19 acres 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
BOCC.SR.07.16.2025 Page 4 of 12
File 2024-100
5492
I As shown in the orange portion of the table, the proposed FLUM amendment(from Residential Medium
2 to Mixed-Use Commercial) with the proposed LUD amendment to the Suburban Commercial land use
3 district would not result in an increase of allocated market rate density. However, it would be an
4 increase in transient allocated and max net density, and an increase in nonresidential intensity.
5
6 Any new or expanded nonresidential floor area would require an NROGO allocation in accordance with
7 LDC Section 138-49.
8
9 The total amount of new nonresidential floor area that could be constructed on either of the Properties
10 would be dependent on the size of the property to be developed and the actual use proposed. Below is a
11 table detailing the maximum floor area ratios permitted based on proposed use within the Suburban
12 Commercial LUD in accordance with LDC Section 130-164.
13
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
14
15 Compliance with Comprehensive Plan Policy 101.5.26:
16 The proposed Land Use District (Zoning) map amendment from Improved Subdivision to Suburban
17 Commercial with the concurrent FLUM amendment from Residential Medium to Mixed-Use Commercial
18 would not result in an increase of residential allocated density on the Properties and therefore eliminates
19 the need to mitigate under Policy 101.5.26.
20
21 Compatibility with the Surrounding Area:
22 a. Existing Vegetation/Habitat: Developed Land, Impervious Surface
23 b. Existing Tier Designation: III, Tier I and Tier II-A properties adjacent on side and rear lot lines,
24 respectively
25 c. Number of Listed Endangered or Threatened Species: 0
26 d. Existing Use: Boat Sales
27 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
28 residential, restaurant, commercial, and public uses
29
30 Traffic Circulation (Comprehensive Plan Policy 301.1.2):
31 The Properties are located on Overseas Highway/ U.S. 1 in Key Largo at approximate mile marker 104.
32 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
33 the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
34 Segment 23 on Key Largo (MM 99.5 to MM 106.0)is operating at a LOS of"A."
35 At the time of development approval, a trip generation analysis will be required to be submitted in order
36 to verify sufficient roadway capacity. According to the 2021 US 1 Arterial Travel Time and Delay Study,
37 the maximum reserve volume for Segment 23 is 11,148 trips.
BOCC.SR.07.16.2025 Page 5 of 12
File 2024-100
5493
I Potable Water (Comprehensive Plan Policy 701.1.11:
2 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
3 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
4 MGD. The annual average daily demand in Monroe County is 17.79 MGD.
5
6 The proposed Land Use District (Zoning) map amendment would not increase permanent allocated
7 residential density beyond what is already permitted. The proposed Land Use District (Zoning) map
8 amendment is not anticipated to adversely impact the LOS for potable water.
9
10 Solid Waste (Comprehensive Plan Policy 801.1.1):
11 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
12 September 30, 2029. Currently,there is adequate capacity for solid waste generation. All commercial solid
13 waste is handled by private contract.
14
15 Sanitary Sewer (Comprehensive Plan Policy 901.1.1):
16 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
17 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
18 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed Land Use
19 District (Zoning) map amendment would not increase the permanent allocated residential density. The
20 combined average flows of the Key Largo Wastewater Treatment System are 1,970,000 gpd, whereas the
21 plant capacity is 3,450,000 gpd. Any proposed development on the site will either need to connect to the
22 Key Largo Wastewater Treatment District central sewer system, or provide on-site sewage treatment and
23 disposal that meets the LOS standards in Policy 901.1.1.
24
25 The proposed Land Use District(Zoning) map amendment is not anticipated to adversely impact the LOS
26 for traffic,potable water, solid waste nor sanitary sewer.
27
28 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE:
29
30 C. The proposed amendment is consistent with the provisions and intent of the Monroe County
31 Code Land Development Code.
32
33 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
34 158(d)(7)(b):
35
36 1. Changed projections (e.g., regarding public service needs) from those on which the text or
37 boundary was based;
38 N/A
39
40 2. Changed assumptions (e.g., regarding demographic trends);
41 N/A
42
43 3. Data errors, including errors in mapping, vegetative types and natural features described in
44 volume 1 of the plan;
45 N/A
46
BOCC.SR.07.16.2025 Page 6 of 12
File 2024-100
5494
1 4. New issues;
2
3 The Applicant has proposed a corresponding FLUM amendment changing the FLUM designation
4 on the Property from Residential Medium (RM)to Mixed Use/Commercial (MC). The proposed
5 Zoning map amendment is necessary to be consistent with the proposed FLUM amendment.
6 Sections 163.3194 and 163.3201, F.S.,require land development regulations to be consistent with
7 and implement the Comprehensive Plan.
8
9 The proposed LUD amendment is consistent with the purpose of the Suburban Commercial (SC)
10 land use district.
11
12 Sec. 130-46. -Purpose of the Suburban Commercial District (SC).
13 The purpose of the SC district is to establish areas for commercial uses designed and
14 intended primarily to serve the needs of the immediate planning area in which they are
15 located. This district should be established at locations convenient and accessible to
16 residential areas to reduce trips on U.S. 1.
17
18 5. Recognition of a need for additional detail or comprehensiveness; or
19 N/A
20
21 6. Data updates;
22 N/A
23
24 In no event shall an amendment be approved which will result in an adverse community change
25 to the planning area in which the proposed development is located or to any area in accordance
26 with a Livable CommuniKeys master plan pursuant to findings of the board of county
27 commissioners.
28
29 The proposed LUD amendment is not anticipated to result in an adverse community change.
30
31 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
32 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN,AND THE PRINCIPLES FOR
33 GUIDING DEVELOPMENT:
34
35 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
36 County Year 2030 Comprehensive Plan. Specifically,it furthers:
37
38 Goal 101:
39 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
40 residents and visitors, and protect valuable natural resources.
41
42 Obiective 101.4:
43 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
44 the needs of the future population of Monroe County.
45
46
BOCC.SR.07.16.2025 Page 7 of 12
File 2024-100
5495
I Policy 101.41:
2 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
3 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
4 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
5 development available within the County to maintain a maximum of 47,083 square feet of floor area
6 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
7 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
8 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
9 Reef planned development (Future development in the Ocean Reef planned development is based
10 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
11 by the Department of Community Affairs).
12
13 Obiective 101.5:
14 Monroe County shall regulate future development and redevelopment to maintain and enhance the
15 character of the community and protect natural resources by providing for the compatible distribution
16 of land uses consistent with the designations shown on the Future Land Use Map.
17
18 Policy 101.5.6:
19 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
20 the establishment of mixed use commercial land use (zoning) districts where various types of
21 commercial retail and office may be permitted at intensities which are consistent with the community
22 character and the natural environment. Employee housing and commercial apartments are also
23 permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas
24 of mixed uses, which may include maritime industry, light industrial uses, commercial fishing,
25 transient and permanent residential, institutional,public, and commercial retail uses.
26
27 This future land use category is also intended to allow for the establishment of mixed use development
28 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
29 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
30 continue to take a proactive role in encouraging the preservation and enhancement of community
31 character and recreational and commercial working waterfronts.
32
33 In order to protect environmentally sensitive lands, the following development controls shall apply to
34 all hammocks,pinelands, and disturbed wetlands within this land use category:
35 1. only low intensity commercial uses shall be allowed;
36 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
37 3. maximum net residential density shall be zero.
38
39 In order to preserve and promote recreational and commercial working waterfront uses, as defined by
40 [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime
41 Industries (MI) land use (zoning) district within this land use category:
42 4. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district,
43 working waterfront and water dependent uses, such as marina, fish house/market, boat repair,
44 boat building, boat storage, or other similar uses but excluding transient uses, shall be
45 preserved by maintaining a minimum of 35% of the upland area of the property for those uses.
BOCC.SR.07.16.2025 Page 8 of 12
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I To incentivize additional preservation of recreational and commercial working waterfront uses,
2 the following shall be available:
3 i. For the preservation of 3650% of the upland area of property for working waterfront
4 and water dependent uses, up to 20,000 square feet of nonresidential floor area from
5 the NROGO bank shall be provided to the property; and
6 ii. For the preservation of 50% or more of the upland area of property for working
7 waterfront and water dependent uses, the residential density on the property may be
8 developed pursuant to the maximum net density standard without the use of TDRs.
9 5. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of
10 the wet slips for vessels involved with recreational and commercial working waterfront uses,
11 excluding live-aboard vessels solely used as a residence and not for navigation.
12 6. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the
13 wet slips for vessels involved with recreational and commercial working waterfront uses,
14 excluding live-aboard vessels solely used as a residence and not for navigation.
15 7. The preservation of dockage for recreational and commercial working waterfront uses shall be
16 documented on the final development plan and shall be a written condition of any permit
17 approval.
18 8. For permanent residential development, parcels within the MI zoning district shall be limited
19 to commercial apartments or employee housing. Commercial apartment means an attached or
20 detached residential dwelling unit located on the same parcel of land as a nonresidential use
21 that is intended to serve as permanent housing for the owner or employees of that
22 nonresidential use. The term does not include a tourist housing use or vacation rental use.
23 9. The preservation of a public access walkway, and a public access boat launch if one already
24 exists, shall be required for all parcels with direct access to the water. Consideration shall be
25 given to security and the physical constraints of the parcel. The public access walkway shall
26 be documented on the final development plan to link a continuous walkway and shall be a
27 written condition of any permit approval.
28 10. Parcels within the MI zoning district shall be limited to commercial retail uses of less than
29 5,000 square feet of floor area. (Ord. No. 032-2012)
30
31 Policy 101.5.25:
32 Monroe County hereby adopts the following density and intensity standards for the future land use
33 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
34
35
36
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
Mixed Use 3 du 6-18 du 0.100.45 0.20
Commercial 0 rooms/spaces 10-25 rooms/spaces
BOCC.SR.07.16.2025 Page 9 of 12
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SC zoning)
1
2 Policy 101.5.26:
3 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
4 promote the reduction in overall County residential density and the preservation of Monroe County's
5 native habitat by enacting legislation which implements the following policy statements for private
6 applications for future land use map amendments which increase allowable residential allocated
7 density. Private application(s) means those applications from private entities with ownership of the
8 upland development and parcel(s) of land or includes private upland development on County-owned
9 land.
10
11 Per the Applicant: No change in density.
12
13 Staff Analysis: The concurrent FLUM amendment from Residential Medium to Mixed-Use
14 Commercial with the proposed zoning amendment from Improved Subdivision to Suburban
15 Commercial results in a decrease of residential 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 Obiective 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
30 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010
31 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan
32 have been adopted and approved as equivalent to the term Objectives in the Comprehensive
33 Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been
34 adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items
35 without a green checkmark next to them are not considered to be consistent with the definitions
36 of"Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance
37 012-2007.
38
39 Goal102:
40 Monroe County shall direct future growth to lands which are most suitable for development and shall
41 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
42 tropical hardwood hammock).
43
44
45
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I Obiective 102.3:
2 Monroe County shall maintain land development regulations which will direct new development to
3 areas having appropriate topography and soil conditions and to where site disturbance and man's
4 activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
5 and marine resources.
6
7 Obiective 105.1:
8 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
9 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
10 processes to preserve the natural environment, maintain and enhance the community character and
11 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
12 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
13
14 Policy 105.1.3:
15 Monroe County shall, through its development standards and Land Development Code, continue to
16 foster the retention and redevelopment of small businesses on the U.S.1.
17
18 B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
19 Specifically it furthers:
20
21 Goal 1:
22 Direct future growth to lands that are most suitable for development and encourage preservation of
23 environmentally sensitive lands.
24
25 Strate2V 1.3: Continue to utilize the Land Use District Map and supporting FLUM to regulate land
26 use type, density and intensity on individual parcels within the planning area.
27
28 Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in
29 the planning area where appropriate.
30
31 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests
32 for nonconforming uses,proposed changes in use, vacant parcels and other requests, based
33 mainly on comprehensive planning principles and the following community-goal related criteria:
34 a. Promote infill, design flexibility and transfer of density to Community Centers.
35 b. Preserve commercial conformance status within sections along US-1 predominated by
36 existing commercial businesses and disturbed lands.
37 c. Encourage sun-setting of intensive commercial uses within sections along US-1
38 predominated by natural habitat or native-dominated landscape, relatively sparse
39 development and relatively few businesses.
40 d. Preserve commercial use status for existing waterfront uses that support the tourist-based
41 and working waterfront-based economy.
42 e. Give consideration to whether the property provides a unique or outstanding opportunity
43 for enhancement of design, connectivity and other community goals, especially along the
44 US-1 corridor.
45
46
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I VI. PROFESSIONAL STAFF RECOMMENDATION:
2
3 Monroe County Planning and Environmental Resources Department professional staff recommends
4 approval of the proposed zoning amendment from Improved Subdivision("IS")to Suburban Commercial
5 ("SC") for the subject properties located at 104001 Overseas Highway Key Largo.
6
7 VII. EXHIBITS:
8 1. 11" X 17" Map Series LUD Amendment
9 2. Draft Ordinance
BOCC.SR.07.16.2025 Page 12 of 12
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3 i f �
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2025
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT
12 MAP FROM IMPROVED SUBDIVISION (IS) TO SUBURBAN COMMERCIAL (SC),
13 FOR PROPERTY LOCATED AT 104001 OVERSEAS HIGHWAY, KEY LARGO,
14 DESCRIBED AS LOTS 1 THROUGH 8, BLOCK 7, LARGO SOUND VILLAGE,
15 ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 4,AT
16 PAGE 92, OF THE PUBLIC RECORDS OF MONROE COUNTY, CURRENTLY
17 HAVING PARCEL IDENTIFICATION NUMBERS 00475160-000000, 00475170-000000,
18 00475180-000000, 00475190-000000, 00475200-000000, 00475220-000000,AND 00475230-
19 000000; AS PROPOSED BY GUSTAVO SOLIS; PROVIDING FOR SEVERABILITY;
20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
22 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
23 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.'
24
25
26 WHEREAS, on May 24, 2024, the Monroe County Planning and Environmental
27 Resources Department received an application from Ty Harris, on behalf of Gustavo Solis (the
28 "Applicant") to amend the Monroe County Land Use District ("LUD") Map from Improved
29 Subdivision ("IS") to Suburban Commercial ("SC") for properties located at 104001 Overseas
30 Highway,Key Largo,Lots 1 through 8,Block 7,Largo Sound Village, according to the plat thereof,
31 as recorded in Plat Book 4, Page 92, of the Official Records of Monroe County, currently having
32 parcel identification numbers 00475160-000000, 00475170-000000, 00475180-000000,
33 00475190-000000, 00475200-000000, 00475220-000000, and 00475230-000000; and
34
35 WHEREAS, the Applicant has also requested a corresponding Future Land Use Map
36 ("FLUM") amendment for the properties from Residential Medium (RM) to Mixed-Use
37 Commercial ("MC"); and
38
39 WHEREAS, on December 3, 2024, the Applicant held a community meeting, as required
40 by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss
41 the proposed LUD Map amendment and the corresponding FLUM amendment, and provide for
42 public participation; and
43
1 Monroe County Planning and Environmental Resources Department File No.2024-100.
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I WHEREAS, the Monroe County Development Review Committee ("DRC") considered
2 the proposed amendment at a regularly scheduled meeting held on January 21, 2025; and
3
4 WHEREAS, on January 21, 2025, the DRC Chair signed Resolution Nos. 01-25 and 02-
5 25 recommending approval of the proposed map amendments; and
6
7 WHEREAS, at a regularly scheduled meeting held on February 25, 2025, the Monroe
8 County Planning Commission held a public hearing for the purpose of considering the proposed
9 amendment to the FLUM of the Monroe County Year 2030 Comprehensive Plan and the proposed
10 LUD map amendment for the properties and provided for public comment; and
11
12 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
13 Resolution Nos. P05-25 and P06-25 recommending that the Monroe County Board of County
14 Commissioners (`BOCC") approve the proposed amendments to the FLUM and LUD maps; and
15
16 WHEREAS, at a regularly scheduled meeting on the 161h day of July, 2025, the BOCC
17 held a duly noticed public hearing, considered the Department's accompanying professional staff
18 report dated June 11, 2025, prepared by Barbara Powell, Planning Policy Advisor, and through
19 Senior Director Devin Tolpin, A.LC.P.,' C.F.M.,3 and considered adoption of the proposed LUD
20 amendment; and
21
22 WHEREAS, based upon the documentation submitted and information provided,
23 including but not limited to the documentation and information furnished in the Monroe County
24 Planning and Environmental Resources Department's professional staff report, the BOCC hereby
25 enters the following findings of fact:
26
27 1. The proposed LUD amendment is not anticipated to adversely impact the community
28 character of the surrounding area;
29 a. As required by Monroe County Land Development Code Section 102-158, the map
30 amendment does not relieve particular hardships, nor confer special privileges or
31 rights on any person, nor permit an adverse change in community character, as
32 analyzed in the Monroe County Year 2030 Comprehensive Plan;
33 b. As required by Monroe County Land Development Code Section 102-158(d)(7)b.,
34 the map amendment is needed due to new issues; and
35 2. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
36 of the Monroe County Year 2030 Comprehensive Plan;
37 3. The proposed LUD amendment is consistent with the Principles for Guiding
38 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
39 and
40 4. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida
41 Statutes.
42
43
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.).
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I NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
2 OF COUNTY COMMISSIONERS:
3
4 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
5 statements of legislative intent, and conclusions of law are true and correct
6 and are hereby incorporated as if fully stated herein.
7
8 Section 2. The Monroe County Land Use District Map is amended as follows:
9
10 The properties located at 104001 Overseas Highway, Key Largo, having
11 Parcel Identification Numbers 00475160-000000, 00475170-000000,
12 00475180-000000, 00475190-000000, 00475200-000000, 00475220-000000,
13 and 00475230-000000, are changed from Improved Subdivision (IS) to
14 Suburban Commercial (SC) as shown on Exhibit 1, attached hereto and
15 incorporated herein.
16
17 Section 3. The analysis, findings of fact, and conclusions of law in the June 11, 2025-dated
18 Monroe County Planning and Environmental Resources Department
19 ("Department") professional staff report accompanying this BOCC agenda item,
20 prepared from Department Policy Planning Advisor Barbara Powell and through
21 Senior Director Devin Tolpin, A.LC.P., C.F.M., is/are adopted as the BOCC's own
22 analysis, findings of fact, and conclusions of law, and the BOCC hereby
23 incorporates said professional staff report as if fully set forth herein.
24
25 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
26 ambiguities, within this Ordinance or between this Ordinance and the
27 Monroe County Code of Ordinances, Florida Building Code, Monroe
28 County Land Development Code, floodplain management regulations,
29 Comprehensive Plan, Letter of Understanding ("LOU"), Letter of
30 Development Rights Determination("LDRD"), or any other approval of the
31 Monroe County Board of County Commissioners,Monroe County Planning
32 Commission, Monroe County Planning & Environmental Resources
33 Department, or other department or office of Monroe County, the rule,
34 regulation, law, LOU, LDRD, provision, and/or text more restrictive shall
35 always apply and control.
36
37 Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
38 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
39 County Codes, Florida Statutes, and floodplain management regulations whose
40 interpretation arise out of, relate to, or are interpreted in connection with this
41 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
42 and such interpretation shall be entitled to great weight in adversarial administrative
43 proceedings, at trial, in bankruptcy, and on appeal.
44
45 Section 6. This Ordinance neither ratifies nor approves,nor shall be interpreted as ratifying or
46 approving, any violation or violations of the Monroe County Code of Ordinances,
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5503
I Monroe County Land Development Code, Monroe County Comprehensive Plan,
2 floodplain management regulations, Florida Building Code, Florida Statutes,
3 Florida Administrative Code, or any other law, rule, or regulation,whether Federal
4 or of the State or of Monroe County, and shall not be construed as ratifying or
5 approving of any such violation of law(s), rule(s), or regulation(s).
6
7 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
8 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
9 require compliance with the Monroe County Codes, Monroe County
10 Comprehensive Plan, floodplain management regulations, Florida Building Code,
11 Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation,
12 whether at law or in equity.
13
14 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
15 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
16 or unenforceable in or by any administrative hearing officer or court of competent
17 jurisdiction, the invalidity or unenforceability of such provision, or any part or
18 portion thereof, shall neither limit nor impair the operation, enforceability, or
19 validity of any other provision of this Ordinance, or any remaining part(s) and/or
20 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
21 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
22
23 Section 9. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
24 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
25 shall not repeal the repealing clause of such ordinance or revive any ordinance
26 which has been repealed thereby.
27
28 Section 10. Transmittal. This Ordinance shall be transmitted to the Florida State Land
29 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
30
31 Section 11. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
32 secretary of the State of Florida but shall not become effective until a notice is
33 issued by the State Land Planning Agency or Administration Commission finding
34 the amendment in compliance, and if challenged, until such challenge is resolved
35 pursuant to Chapter 120, Florida Statutes.
36
37 Section 12. Inclusion in the Monroe County Official Land Use District Map.The provisions
38 of this Ordinance shall be included and incorporated on to the Official Land Use
39 District Map of Monroe County.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on this 16'h day of July, 2025.
43
44 Mayor James K. Scholl
45 Mayor Pro Tem Michelle Lincoln
46 Commissioner Craig Cates
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I Commissioner David Rice
2 Commissioner Holly Merrill Raschein
3
4 BOARD OF COUNTY COMMISSIONERS
5 OF MONROE COUNTY, FLORIDA
6
7 By:
8 Mayor James K. Scholl
9 MONROE COUNTY ATTORNEY
10 (SEAL) T
11 ATTEST: KEVIN MADOK, CLERK °
12
13 By:
14 AS DEPUTY CLERK
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