HomeMy WebLinkAboutItem S04 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
December 10, 2025
Agenda Item Number: S4
2023-4833
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
to the State Land Planning Agency an Ordinance Amending the Monroe County Future Land Use Map
("FLUM") from Residential Medium("RM") to Commercial("COMM") for Property Located at
106261, 106271, and 106281 Overseas Highway, Key Largo, Currently Having Parcel Identification
Numbers 00538820-000000, 00538810-000000, and 00538800-000000, as Proposed by FLO Grown
Home Buyers, LLC.
ITEM BACKGROUND:
On April 1, 2025, the Planning and Environmental Resources Department ("Department")received an
application from Island Construction Management, Inc. (the"Agent"), on behalf of FLO Grown Home
Buyers, LLC (the "Applicant") to amend the Monroe County Future Land Use Map ("FLUM") from
Residential Medium("RM") to Commercial("COMM") for property located at 106261, 106271, and
106281 Overseas Highway, Key Largo, (the "Property") currently having Parcel Identification Numbers
00538820-000000, 00538810-000000, and 00538800-000000.
Please refer to the Department Professional Staff Report for Data and Analysis.
PREVIOUS RELEVANT BOCC ACTION:
There has been no previous BOCC action pertaining to the Property.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Professional staff recommends approval of the proposed
3399
amendment to the Future Land Use Map.
DOCUMENTATION:
Exhibit.A.to.Resolution.Ordinance.CR docx
Exhibit.I.Map.pdf
FLUM.BOCC.SR.2025.069.pdf
Transmittal—Resolution(1).pdf
FINANCIAL IMPACT:
N/A
3400
EXHIBIT A TO RES. NO. -2025
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2
3 „f' '
4 "
5
7
8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. -2025
11
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE
15 LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO
16 COMMERCIAL (COMM), FOR PROPERTY LOCATED AT 106261,
17 106271, AND 106281 OVERSEAS HIGHWAY, KEY LARGO, DESCRIBED
18 AS LOTS 18-20, BLOCK 3, OCEAN ISLE ESTATES, ACCORDING TO
19 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 14,
20 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
21 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS
22 00538800-000000, 00538810-000000,AND 00538820-000000; AS PROPOSED
23 BY FLO-GROWN HOME BUYERS, LLC; PROVIDING FOR
24 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
27 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN
28 AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
29 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2025-069)
30
31
32
33 WHEREAS, on April 1, 2025, the Planning and Environmental Resources Department
34 received an application from Island Construction Management, Inc. (the "Agent"), on behalf of
35 FLO Grown Home Buyers, LLC (the"Applicant")to amend the Monroe County Future Land Use
36 Map (FLUM) from Residential Medium (RM) to Commercial (COMM) for property located at
37 106261, 106271, and 106281 Overseas Highway, Key Largo, (the "Property") currently having
38 Parcel Identification Numbers 00538820-000000, 00538810-000000, 00538800-000000; and
39
40 WHEREAS,the Applicant has also requested a corresponding Land Use District(Zoning)
41 Map amendment from Improved Subdivision(IS) to Commercial 1 (C1)for the Property; and
42
43 WHEREAS, on July 7, 2025, the Applicant held a community meeting, as required by
44 Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to discuss the
45 proposed Future Land Use Map amendment and the corresponding Land Use District (Zoning)
46 Map amendment, and provide for public participation; and
Ord. No. -2025
File 2025-069 Page 1 of 4
3401
I WHEREAS, the Monroe County Development Review Committee(DRC) considered the
2 proposed amendment at a regularly scheduled meeting held on August 26, 2025; and
3
4 WHEREAS, on August 27, 2025, the Chair of the DRC signed Resolution No. DRC 15-
5 25, recommending approval of the proposed map amendment; and
6
7 WHEREAS, the Monroe County Planning Commission held a public hearing on the 22 d
8 day of October 2025, for review and recommendation on the proposed FLUM amendment; and
9
10 WHEREAS, the Monroe County Planning Commission adopted Resolution No.P31-25
11 recommending to the Monroe County Board of County Commissioners approval of the proposed
12 map amendment; and
13
14 WHEREAS, at a regular meeting held on the I01h day of December 2025, the Monroe
15 County Board of County Commissioners held a public hearing to consider the transmittal of the
16 proposed FLUM amendment, considered the staff report and provided for public comment and
17 public participation in accordance with the requirements of state law and the procedures adopted
18 for public participation in the planning process; and
19
20 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
21 Objections, Recommendations and Comments (ORC)report on , received by the County
22 on ; and
23
24 WHEREAS, the ORC report <did/did not> identify any objections, or comments to the
25 proposed amendment; and
26
27 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
28 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
29
30 WHEREAS, at a regularly scheduled meeting on the day of , the
31 BOCC held a public hearing to consider adoption of the proposed Future Land Use Map
32 amendment;
33
34 WHEREAS,the BOCC made the following findings of fact and conclusions of law:
35
36 1. The proposed FLUM is not anticipated to adversely impact the community character
37 of the surrounding area;
38 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
39 adopted Level of Service (LOS);
40 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
41 Monroe County Year 2030 Comprehensive Plan; and
42 4. The proposed amendment is consistent with the Principles for Guiding Development
43 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
44 5. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and
Ord. No. -2025
File 2025-069 Page 2 of 4
3402
1 6. The proposed amendment will not result in an adverse change in community character
2 to the sub-area which a proposed amendment affects or to any area in accordance with
3 the Key Largo Livable Communikeys Master Plan pursuant to findings of the BOCC.
4
5 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
6 COUNTY COMMISSIONERS:
7
8 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended
9 as follows:
10
11 The property located at 106261, 106271, and 106281 Overseas Highway, Key
12 Largo, (the"Property") currently having Parcel Identification Numbers 00538820-
13 000000, 00538810-000000, and 00538800-000000; is changed from Residential
14 Medium(RM)to Commercial(COMM)as shown on Exhibit 1, attached hereto and
15 incorporated herein.
16
17 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of
18 this ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity.
19
20 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
21 with this ordinance are hereby repealed to the extent of said conflict.
22
23 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
24 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
25
26 Section 5. Filin2 and Effective Date. This ordinance shall be filed in the Office of the secretary
27 of the State of Florida but shall not become effective until a notice is issued by the State Land
28 Planning Agency or Administration Commission finding the amendment in compliance, and if
29 challenged, until such challenge is resolved pursuant to Chapter 120, Florida Statutes.
30
31 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
32 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
33 Map.
34
35 *****
36
Ord. No. -2025
File 2025-069 Page 3 of 4
3403
1
2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3 Florida, at a regular meeting held on the day of ,
4
5 Mayor Michelle Lincoln, District 2
6 Mayor Pro Tem David Rice, District 4
7 Commissioner Craig Cates, District 1
8 Commissioner James K. Scholl, District 3
9 Commissioner Holly Merrill Raschein, District 5
10
11
12
13 BOARD OF COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA
15
16 BY
17 MAYOR MICHELLE LINCOLN
18
19 (SEAL)
20
21 ATTEST: KEVIN MADOK, CLERK
22
23
24 AS DEPUTY CLERK
Ord. No. -2025
File 2025-069 Page 4 of 4
3404
Exhibit 1 to Ordinance # - 2025
OJT
S ANDROS RD
Property ID Number(s):
00538820-000000,00538810-000000,
00538800-000000
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The Monroe County Future Land Use District is amended
as indicated above.
Future Land Use change of three parcels of land in Key Largo from Residential
� Medium (RM) to Commercial (COMM). N
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3405
Date:5/28/2025
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2 4,;;Wt, -w
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.LC.P.,i C.F.M.,2 Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Barbara Powell, Planning Policy Advisor
13 Monroe County Planning and Environmental Resources Department
14
15 Date: November 5, 2025
16
17 Request: An Ordinance Approving an Amendment of the Monroe County Future Land Use
18 Map ("FLUM") from Residential Medium ("RM")to Commercial ("COMM") for
19 That Certain Property located at 106261, 106271, and 106281 Overseas Highway,
20 Key Largo, Monroe County, Currently having Parcel Identification Numbers
21 00538820-000000, 00538810-000000, and 00538800-000000, as Requested by
22 FLO Grown Home Buyers, LLC.3
23
24 BOCC Meeting: December 10, 2025
25
26 I. REQUEST:
27
28 On April 1,2025,the Monroe County Planning and Environmental Resources Department("Department")
29 received an application from Island Construction Management, Inc. (the "Agent"), on behalf of FLO
30 Grown Home Buyers, LLC (the "Applicant") to amend the Monroe County Future Land Use Map
31 ("FLUM")from Residential Medium ("RM")to Commercial ("COMM")for that certain property located
32 at 106261, 106271, and 106281 Overseas Highway, Key Largo, (the "Property") currently having Parcel
33 Identification Numbers 00538820-000000, 00538810-000000, and 00538800-000000.
34
35 Concurrent Application:
36 The Applicant has also requested a corresponding Land Use District ("LUD") Map amendment from
37 Improved Subdivision ("IS")to Commercial 1 ("C1") for the Property.4
38
39 IL BACKGROUND INFORMATION:
40 Site Information:
41 Location: MM 106, Key Largo
42 Addresses: 106261, 106271, and 106281 Overseas Highway
43
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. 2025-069.
4 Monroe County Planning and Environmental Resources Department File No. 2025-070.
BOCC December 10, 2025 Page 1 of 12
File 2025-069 3406
I Property Description:
2 • Lot 18, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book
3 5, at Page 14, of the Public Records of Monroe County, Florida;
4 • Lot 19, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book
5 5, at Page 14, of the Public Records of Monroe County, Florida;
6 • Lot 20, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book
7 5, at Page 14, of the Public Records of Monroe County, Florida
8 Parcel Identification Numbers: 00538820-000000, 00538810-000000, and 00538800-000000
9 Boundary: Affected parcels are outlined in black in the images below
10 Applicant: Flo Grown Home Buyers, LLC
11 A2ent: Island Construction Management, Inc.
12 Size of Properties (Cumulative): 23,292 Square Feet(0.53 acres)
13 Current FLUM Designation: Residential Medium (RM)
14 Current Land Use District: Improved Subdivision (IS)
15 Tier Designation: III
16 Flood Zone: X
17 CBRS: No
18 Existing Permitted Use: Vacant
19 Existing Vegetation/Habitat: Hammock
20 Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
21 residential, commercial, and public uses (John Pennekamp Coral Reef State Park)
22
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r ray
Existing FLUM Designation Proposed FLUM Designation
23
24 The Applicant has represented that the following constitutes the basis for this proposed/requested FLUM
25 amendment:
26
27 "To allow a low intensity, nonresidential use on property that abuts US-1. "
28
29 Community Meeting and Public Participation:
30 In accordance with Monroe County Land Development Code ("LDC" or "Code") Section 102-159(a), a
31 community meeting is required to be held. The virtual meeting was held on July 7, 2025, to discuss the
32 proposed Future Land Use Map ("FLUM") and corresponding Land Use District ("LUD") Map
33 amendments and provide for public participation. Concerns raised at the public meeting included but were
34 not limited to:
BOCC December 10,2025 Page 2 of 12
File 2025-069 3407
1 • Comments/Concerns over the required notification radius; and
2 • Unknown nonresidential use to be developed pursuant to this approval; and
3 • Increases in traffic.
4
5 Monroe County Development Review Committee ("DRC") Meeting and Public Input:
6 On August 26, 2025, the DRC considered the proposed amendment and provided for public input. On
7 August 27, 2025, the Chair of the DRC signed Resolution No. DRC 15-25, recommending approval of
8 the proposed map amendment.
9
10 Monroe County Planning Commission Meeting and Public Input:
11 On October 22, 2025, the Planning Commission ("PC") considered the proposed amendment, provided
12 for public input and recommended approval of the proposed map amendment through PC Resolution No.
13 P31-25.
14
15 Prior Relevant BOCC Action:
16 There has been no previous BOCC action pertaining to the Property.
17
18 111.AMENDMENT REVIEW:
19
20 FL UM Catezory Comparisons:
21
22 Existing:
23
24 Monroe County Comprehensive Plan Policy 101.5.3:
25 The principal purpose of the Residential Medium ("RM") future land use category is to recognize those
26 portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and
27 to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have
28 an approved potable water supply, and have sufficient uplands to accommodate the residential uses.
29 Development on vacant land within this land use category shall be limited to one residential dwelling unit
30 for each such platted lot or parcel which existed on or before January 4, 1996.
31
B Proposed:
34 Monroe County Comprehensive Plan Policy Policy 101.5.8:
35 The principal purpose of the Commercial ("COMM") future land use category is to provide for the
36 establishment of commercial zoning districts where various types of commercial retail; highway-oriented
37 sales and services; commercial recreation; light industrial; public, institutional and office uses may be
M permitted at intensities which are consistent with the community character and the natural environment.
40 The commercial zoning districts established within this category are intended to serve the immediate
41 vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or
B permanent residential development.
44 In order to protect environmentally sensitive lands, the following development controls shall apply to all
19 Tier I lands within this land use category:
47 1. only low intensity commercial uses shall be allowed; and
48 2. a maximum floor area ratio of 0.15 shall apply.5
s Ordinance No. 010-2013.
BOCC December 10,2025 Page 3 of 12
File 2025-069 3408
I Maximum Density and Intensity by FLUM:
2
3 The following table provides a comparison of the development potential for residential, transient and
4 commercial development of the Properties under the existing FLUM category as compared to the proposed
5 FLUM. LDC Section 130-156(b) states: "The density and intensity provisions set out in this section are
6 intended to be applied cumulatively so that no development shall exceed the total density limits of this
7 article. For example, if a development includes both residential and commercial development, the total
8 gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed
9 for development."
10
11
Maximum Development Potential by FLUM Designation and LUD
Existing FLUM Type Adopted Development Potential
Standards
Market Rate Allocated 1.0 du/lot 3 du
Density
TDR/Market Rate
Residential Residential Max. Net 0 0 du
Medium (RM) Density
Gross Upland Affordable Residential 0 0 du
Area: 23,292 Max. Net Density
SF/0.5347 acres 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
Market Rate Allocated 0 0 du
Density
TDR/Market Rate
Commercial Residential Max. Net 0 0 du
(COMM) Density
Affordable Residential
Gross Upland Max. Net Density0 0 du
Area: 23,292 Transient Allocated
SF/0.5347 acres Densi 0 0 rooms/spaces
Transient Max. Net Density 0 0 rooms/spaces
Nonresidential Uses 0.15-0.50 FAR 3,493.8 sf— 11,646 sf
Net Change in Type Net Change
Development
Potential of Market Rate Allocated Density -3 du
BOCC December 10,2025 Page 4 of 12
File 2025-069 3409
Cumulative TDR/Market Rate Residential Max. Net n/a
Properties Density
Based on FLUM Affordable Residential Max. Net Density 0 du
Amendments
Transient Allocated Density 0 rooms/spaces
Transient Max. Net Density 0 rooms/spaces
Nonresidential Uses + 3,493.8 sf— 11,646 sf
1
2 As shown in the orange portion of the table, the proposed FLUM amendment(from RM to COMM)
3 would result in a decrease of allocated market rate density and an increase in nonresidential
4 intensity on the Property. The TDR/market rate residential maximum net density, affordable
5 residential maximum net density, and transient density would remain at zero (0).
6
7 The maximum nonresidential floor area would increase from zero (0) to a maximum potential of 11,646
8 square feet. Any new or expanded nonresidential floor area would require an NROGO allocation in
9 accordance with LDC Section 138-49.
10
11 The total amount of new nonresidential floor area that could be constructed on any of the Properties would
12 be dependent on the size of the property to be developed and the actual use proposed. Below is a table
13 detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1 (Cl)
14 and Commercial 2 (C2) land use districts in accordance with LDC Section 130-164.
15
Use within Commercial 1 0 Maximum Floor Area Ratio
Low Intensity Commercial Retail or Restaurant 0.35
Medium Intensity Commercial Retail or Restaurant 0.25
High Intensity Commercial Retail or Restaurant 0.15
Office 0.40
Light Industrial 0.30
Institutional 0.30
Public Buildings/Uses 0.30
Commercial Recreation 0.25
Use within Commercial 2 C2
Low Intensity Commercial Retail or Restaurant 0.50
Medium Intensity Commercial Retail or Restaurant 0.40
High Intensity Commercial Retail or Restaurant 0.35
Office 0.45
Light Industrial 0.40
Institutional 0.40
Public Buildings/Uses 0.35
Commercial Recreation 0.25
16
17 Habitat:
18 It is important to note that the density and intensity potential of the Property is subject to the FLUM and
19 LUD designations. However, the Property's habitat is designated as hammock and therefore would be
20 subject to the clearing restrictions provided in Comprehensive Plan Policy 101.5.27. The clearing limit
21 could impact maximum development potential of the Property. The Comprehensive Plan utilizes the Tier
22 designations to determine the clearing limits for hammock habitat. The Property is designated as Tier III.
BOCC December 10,2025 Page 5 of 12
File 2025-069 3410
I Policy 101.5.27
2 All development shall be subject to clearing limits defined by habitat and the location of the property in
3 the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing limits of
4 upland native vegetation for properties in the Ocean Reef planned development shall be limited to 40
5 percent. Except as defined in Policy 101.11.2, clearing of upland native vegetative areas in the Tiers I, II,
6 III and Tier III-A shall be limited to the following percentages or maximum square footage:
7
8 Tier III
9 40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall
10 be no more than 7,500 square feet, of upland native vegetative area.
11
12 The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels
13 greater than 30,000 square feet,with the exception of parcels on Big Pine Key and No Name Key,
14 clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide
15 reasonable access to the property for each parcel and shall be exempt from the maximum clearing
16 limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist
17 and approved by the Planning Director. The proposed driveway design shall minimize
18 fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall
19 clearing, including the driveway, exceed 40 percent of the entire site.
20
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n
Tier Overlay District Land Cover Habitat
21
22 Compliance with Comprehensive Plan Policy 101.5.26:
23 The proposed FLUM amendment from RM to COMM results in a decrease of residential allocated density
24 on the Properties and therefore eliminates the need to mitigate under Policy 101.5.26.
25
26 Compatibility with the Surrounding Area:
27 a. Existing Vegetation/Habitat: Undeveloped Land, Impervious Surface
28 b. Existing Tier Designation: III, Tier I properties across Sandros Road
29 c. Number of Listed Endangered or Threatened Species: 0
BOCC December 10,2025 Page 6 of 12
File 2025-069 3411
I d. Existing Use: Vacant
2 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
3 residential, restaurant, commercial, and public uses
4
5 Concurrency Analysis (Comprehensive Plan Policy 101.1.11:
6 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
7 does not result in a reduction of the level-of-service requirements established and adopted by this
8 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
9 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
10 can be reasonably met.
11
12 Traffic Circulation (Comprehensive Plan Policy 301.1.2):
13 The Properties are located on Overseas Highway/U.S. 1 on Key Largo at approximate mile marker 106.
14 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to
15 the 2025 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and
16 Segment 24 on Key Largo Key (MM 106.0 to MM 112.0)is operating at a LOS of`B."
17
18 At the time of development approval, a trip generation analysis will be required to be submitted in order
19 to verify sufficient roadway capacity. According to the 2025 US 1 Arterial Travel Time and Delay Study,
20 the maximum reserve volume for Segment 24 is 4,723 trips with an actual remaining capacity of 6,878
21 trips.
22
23 Potable Water (Comprehensive Plan Policy 701.1.1):
24 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water
25 treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8
26 MGD. The annual average daily demand in Monroe County is 21.1 MGD.
27
28 The proposed FLUM amendment would decrease permanent allocated residential density beyond what is
29 already permitted. The proposed FLUM amendment is not anticipated to adversely impact the LOS for
30 potable water.
31
32 Solid Waste (Comprehensive Plan Policy 801.1.1):
33 Monroe County has a current contract with Waste Management,Inc.,authorizing the use of in-state facilities.
34 Currently, there is adequate capacity for solid waste generation. All commercial solid waste is handled by
35 private contract.
36
37 Sanitary Sewer (Comprehensive Plan Policy 901.1.1:
38 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
39 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
40 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
41 amendment would decrease the permanent allocated residential density. The combined average flows of
42 the Key Largo Wastewater Treatment System are 1,970,000 gpd, whereas the plant capacity is 3,450,000
43 gpd. Any proposed development on the site will either need to connect to the Key Largo Wastewater
44 Treatment District central sewer system, or provide on-site sewage treatment and disposal that meets the
45 LOS standards in Policy 901.1.1.
46
BOCC December 10,2025 Page 7 of 12
File 2025-069 3412
I The proposed FLUMamendment is not anticipated to adversely impact the LOSfor traffic,potable water,
2 solid waste nor sanitary sewer.
3
4 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
5 THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
6 DEVELOPMENT CODE,AND THE PRINCIPLES FOR GUIDING DEVELOPMENT:
7
8 A. The requested/proposed amendment, as provided above, is consistent with the Goals,
9 Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. Specifically, it
10 furthers:
11
12 Goal 101
13 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
14 residents and visitors, and protect valuable natural resources.
15
16 Objective 101.4
17 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
18 the needs of the future population of Monroe County.
19
20 Policy 101.4.1
21 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
22 as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
23 balance between residential and nonresidential growth by limiting the floor area of new nonresidential
24 development available within the County to maintain a maximum of 47,083 square feet of floor area
25 per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
26 annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
27 unincorporated area of the county, excluding areas within the county mainland and within the Ocean
28 Reef planned development (Future development in the Ocean Reef planned development is based
29 upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
30 by the Department of Community Affairs).
31
32 Objective 101.5
33 Monroe County shall regulate future development and redevelopment to maintain and enhance the
34 character of the community and protect natural resources by providing for the compatible distribution
35 of land uses consistent with the designations shown on the Future Land Use Map.
36
37 Policy 101.5.8
38 The principal purpose of the Commercial (COMM) future land use category is to provide for the
39 establishment of commercial zoning districts where various types of commercial retail; highway-
40 oriented sales and services; commercial recreation; light industrial;public,institutional and office uses
41 may be permitted at intensities which are consistent with the community character and the natural
42 environment. The commercial zoning districts established within this category are intended to serve
43 the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
44 accommodate transient or permanent residential development.
45
46 In order to protect environmentally sensitive lands, the following development controls shall apply to
47 all Tier I lands within this land use category:
BOCC December 10,2025 Page 8 of 12
File 2025-069 3413
1 1. only low intensity commercial uses shall be allowed; and
2 2. a maximum floor area ratio of 0.15 shall apply.6
3
4 Policy 101.5.25
5 Monroe County hereby adopts the following density and intensity standards for the future land use
6 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
7
Future Land Use Densities and Intensities
Residential(i> Nonresidential Minimum
PLUM Category Open Space
and Corresponding Allocated Density(a) Maximum Net Density Maximum Intensity Ratio
(a)(b)
LUD (per upland acre) (floor area ratio)
(per buildable acre)
Commercial 0 du N/A 0.15-0.50 0.20
(COMM) 0 rooms/spaces N/A
(CI and C2 LUDs)
8
9
10 Policy 101.5.26
11 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
12 promote the reduction in overall County residential density and the preservation of Monroe County's
13 native habitat by enacting legislation which implements the following policy statements for private
14 applications for future land use map amendments which increase allowable residential allocated
15 density. Private application(s) means those applications from private entities with ownership of the
16 upland development and parcel(s) of land or includes private upland development on County-owned
17 land.
18
19 Objective 101.19
20 Monroe County shall address local community needs while balancing the needs of all Monroe County
21 communities. These efforts shall focus on the human crafted environment and shall be undertaken
22 through the Livable CommuniKeys Planning Program.
23
24 Policy 101.19.2
25 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
26 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
27 have been completed in accordance with the principles outlined in this section and adopted by the
28 Board of County Commissioners:
29
30 6. The Key Largo Livable CommuniKeys Plan is incorporated by reference into the Monroe
31 County Comprehensive Plan. Adopted By Ordinance No. 031-2012.
32
33 Goal102
34 Monroe County shall direct future growth to lands which are most suitable for development and shall
35 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
36 tropical hardwood hammock).
6 Ordinance No. 010-2013.
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File 2025-069 3414
I Objective 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 Objective 105.1
7 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
8 CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
9 processes to preserve the natural environment, maintain and enhance the community character and
10 quality of life, redevelop blighted commercial and residential areas, remove barriers to design
11 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
12
13 Policy 105.1.3
14 Monroe County shall, through its development standards and Land Development Code, continue to
15 foster the retention and redevelopment of small businesses on the U.S.1.
16
17 B. The requested/proposed amendment,as provided above,is consistent with the Key Largo Livable
18 CommuniKeys Plan Specifically it furthers:
19
20 Strategy 1.3 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use
21 type, density and intensity on individual parcels within the planning area.
22
23 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
24 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
25 comprehensive planning principles and the following community-goal related criteria:
26 a. Promote infill, design flexibility and transfer of density to Community Centers.
27 b. Preserve commercial conformance status within sections along US-1 predominated by existing
28 commercial businesses and disturbed lands.
29 c. Encourage sun-setting of intensive commercial uses within sections along US-1 predominated
30 by natural habitat or native-dominated landscape, relatively sparse development and relatively
31 few businesses.
32 d. Preserve commercial use status for existing waterfront uses that support the tourist-based and
33 working waterfront-based economy.
34 e. Give consideration to whether the property provides a unique or outstanding opportunity for
35 enhancement of design, connectivity and other community goals, especially along the US-1
36 corridor.
37
38 Strategy 5.1 Adopt the Tier System that specifies Tier I and Tier III lands and Tier III SPA for
39 purposes of guiding development while retaining species habitat and natural areas for acquisition.
40
41 D. For text amendments to the Comprehensive Plan and FLUM amendments,the BOCC must also
42 consider the analyses identified in Chapter 163, Florida Statutes, and must find that the
43 amendment is consistent with the Principles for Guiding Development as provided and defined
44 within Section 380.0552, Florida Statutes.
45
46 For the purposes of reviewing consistency of the adopted plan or any amendments to that Plan with
47 the principles for guiding development and any amendments to the principles, the principles shall be
BOCC December 10,2025 Page 10 of 12
File 2025-069 3415
I construed as a whole and no specific provision shall be construed or applied in isolation from the other
2 provisions.
3
4 (a) Strengthening local government capabilities for managing land use and development so that
5 local government is able to achieve these objectives without continuing the area of critical state
6 concern designation.
7 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
8 seagrass beds, wetlands, fish and wildlife, and their habitat.
9 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
10 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
11 beaches, wildlife, and their habitat.
12 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
13 development.
14 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
15 Keys.
16 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
17 environment, and ensuring that development is compatible with the unique historic character
18 of the Florida Keys.
19 (g) Protecting the historical heritage of the Florida Keys.
20 (h) Protecting the value, efficiency,cost-effectiveness, and amortized life of existing and proposed
21 major public investments, including:
22 1. The Florida Keys Aqueduct and water supply facilities;
23 2. Sewage collection, treatment, and disposal facilities;
24 3. Solid waste treatment, collection, and disposal facilities;
25 4. Key West Naval Air Station and other military facilities;
26 5. Transportation facilities;
27 6. Federal parks, wildlife refuges, and marine sanctuaries;
28 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
29 properties;
30 8. City electric service and the Florida Keys Electric Co-op; and
31 9. Other utilities, as appropriate.
32 (i) Protecting and improving water quality by providing for the construction, operation,
33 maintenance, and replacement of stormwater management facilities; central sewage collection;
34 treatment and disposal facilities; and the installation and proper operation and maintenance of
35 onsite sewage treatment and disposal systems.
36 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
37 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
38 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
39 treatment facilities through permit allocation systems.
40 (k) Limiting the adverse impacts of public investments on the environmental resources of the
41 Florida Keys.
42 (1) Making available adequate affordable housing for all sectors of the population of the Florida
43 Keys.
44 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
45 a natural or manmade disaster and for a postdisaster reconstruction plan.
46 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
47 maintaining the Florida Keys as a unique Florida resource.
BOCC December 10,2025 Page 11 of 12
File 2025-069 3416
1
2 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
3 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
4
5 E. In no event shall an amendment be approved which will result in an adverse change in
6 community character to the sub-area which a proposed amendment affects or to any area in
7 accordance with a Livable CommuniKeys Master Plan pursuant to findings of the BOCC.
8
9 The Applicant has further represented that the following constitutes its basis for this proposed/requested
10 FLUM amendment:
11
12 "This text[sic]amendment would be consistent with other non-residential uses in this commercial
13 corridor. This is a commercial area and to allow/approve this amendment would offer a smooth
14 transition from non-residential to residential. "
15
16 Department professional staff do not anticipate that approval of the proposed amendment of the FLUM
17 to result in an adverse change in community character to the sub-area which the proposed amendment
18 affects.
19
20 V. PROCESS:
21
22 Any landowner or other person having a contractual interest in property desiring to petition the BOCC for
23 an amendment to the land use district map, overlay district map or FLUM shall be required to file an
24 application with the Planning Director accompanied by a nonrefundable application fee as established
25 from time to time by the BOCC to defray the actual cost of processing the application. After receipt, the
26 Planning Director and his or her staff shall review the proposed amendment and present it with a
27 recommendation of approval or denial to the Development Review Committee for review and comment.
28 Staff shall make a recommendation to the Planning Commission.
29
30 The Planning Commission shall review the application,the reports and recommendations of the Planning
31 and Environmental Resources Department, the comments of the Development Review Committee, and
32 the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC.
33
34 The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and
35 Environmental Resources Department professional staff, and the testimony given at the public hearings.
36
37 VII. DEPARTMENT STAFF RECOMMENDATION:
38
39 Based upon the foregoing representations and analysis, Department professional staff recommend
40 approval of the proposed/requeseted FLUM amendment from Residential Medium("RM")to Commercial
41 ("COMM") for the above-referenced Property located at 106261, 106271, and 106281 Overseas
42 Highway, Key Largo.
43
44 VIII. EXHIBITS:
45 1. Transmittal Resolution
46 2. 11" X 17" Map Series FLUM Amendment
47 3. Draft Ordinance
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File 2025-069 3417
1
2
3
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2025
11
12 A RESOLUTION APPROVING THE TRANSMITTAL, TO THE STATE
13 LAND PLANNING AGENCY, OF AN ORDINANCE APPROVING
14 AMENDMENT TO THE MONROE COUNTY FUTURE LAND USE MAP
15 (FLUM) FROM RESIDENTIAL MEDIUM (RM) TO COMMERCIAL
16 (COMM), FOR THAT CERTAIN PROPERTY LOCATED AT 106261,
17 106271, AND 106281 OVERSEAS HIGHWAY, KEY LARGO,
18 PARTICULARLY DESCRIBED AS LOTS 18-20, BLOCK 3, OCEAN ISLE
19 ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
20 PLAT BOOK 5, AT PAGE 14, OF THE OFFICIAL RECORDS OF
21 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PARCEL
22 IDENTIFICATION NUMBERS 00538800-000000, 00538810-000000, AND
23 00538820-000000; AS PROPOSED/REQUESTED BY FLO-GROWN HOME
24 BUYERS, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR
25 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
26 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
27 SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
28 MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
29 TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE
30 DATE.'
31
32
33 WHEREAS, the State of Florida has by administrative rule and statutorily designated
34 Monroe County the State's only countywide Area of Critical State Concern pursuant to Florida
35 Administrative Code Rule 28-29.002 and Florida Statutes § 380.0552(3); and
36
37 WHEREAS, the State by administrative rule, pursuant to Florida Administrative Code
38 Rule 28-20.019(5), requires that all "development" in Monroe County "shall" be consistent with
39 the Monroe County Comprehensive Plan; and
40
41 WHEREAS,the Monroe County Comprehensive Plan,by and through its requirement that
42 "all planning and development within the Florida Keys must be consistent with Sections 380.05
43 and 380.0552, F.S., Principles for Guiding Development", requires that all "development" must
44 be consistent with the State's statutory Principles for Guiding Development in the Florida Keys
45 Area of Critical State Concern; and
1 Monroe County Planning and Environmental Resources Department File No.2025-069.
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46 WHEREAS, accordingly, all "development"in Monroe County"must"be consistent with
47 the State's statutorily adopted Principles for Guiding Development in the Florida Keys Area of
48 Critical State Concern; and
49
50 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
51 "Monroe County", or the"County") conducted a public hearing for the purpose of considering the
52 transmittal pursuant to the State Coordinated Review Process in Section 163.3184(4), Florida
53 Statutes, to the State Land Planning Agency for objections, recommendations and comments, and
54 to the other Reviewing Agencies as defined in Section 163.3184(1)(c),Florida Statutes, for review
55 and comment on a proposed amendment to the Monroe County Comprehensive Plan as described
56 above; and
57
58 WHEREAS, the Monroe County Planning Commission has recommended approval of,
59 and the Monroe County Board of County Commissioners hereby approves the transmittal of, the
60 instant proposed/requested Future Land Use Map ("FLUM") amendment;
61
62 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
63 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
64
65 Section 1. Recitals. The foregoing findings of fact and conclusions of law are true and correct
66 and are hereby incorporated as if fully stated herein.
67
68 Section 2. The Monroe County BOCC accepts all of the representations analysis, findings of
69 fact, and conclusions of law contained in the November 5, 2025-dated Monroe
70 County Planning and Environmental Resources Department professional staff
71 report accompanying this BOCC agenda item stating that it is for meeting date
72 December 10, 2025, provided to the Board by and through Senior Director Devin
73 Tolpin, A.I.C.P.,2 C.F.M.,3 and Planning Policy Advisor Barbara Powell, and
74 hereby adopts all of the representations, information, analysis, findings of fact, and
75 conclusions of law contained in said professional staff report as the BOCC's own
76 relied upon representations, and analysis, findings of fact, and conclusions of law,
77 and incorporates said professional staff report as if fully set forth herein.
78
79 Section 3. The Monroe County BOCC does hereby concur and adopt the recommendation of
80 the Monroe County Planning Commission to transmit the draft ordinance, attached
81 as Exhibit A. hereto and which is hereby incorporated as if fully stated herein, for
82 review of the proposed FLUM amendment.
83
84 Section 4. The Board of County Commissioners does hereby transmit the proposed
85 amendment to the State Land Planning Agency for review and comment in
86 accordance with the State Coordinated Review process pursuant to Section
87 163.3184(4), Florida Statutes.
88
2 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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89 Section 5. The Monroe County professional staff is given authority to prepare and submit the
90 required transmittal letter and supporting documents for the proposed amendment
91 in accordance with the requirements of Section 163.3184(4), Florida Statutes.
92
93 Section 6. The Clerk of the Board is hereby directed to forward a certified copy of this
94 Resolution to the Director of Planning.
95
96 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
97 Florida, at a regular meeting held on the 10th day of December 2025.
98
99 Mayor Michelle Lincoln, District 2
100 Mayor Pro Tem David Rice, District 4
101 Commissioner Craig Cates, District 1
102 Commissioner James K. Scholl, District 3
103 Commissioner Holly Merrill Raschein, District 5
104
105 BOARD OF COUNTY COMMISSIONERS
106 OF MONROE COUNTY, FLORIDA
107
108 By:
109 Mayor Michelle Lincoln
110
111 (SEAL)
112
113
114 ATTEST: KEVIN MADOK, CLERK
115
116
117
118 DEPUTY CLERK
MONAOE COUNTY ATTORNEY
Pll 'To'fo NJ
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