HomeMy WebLinkAboutItem P04COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY
COMMISSIONERS
Mayor Michelle Lincoln,
District 2
Mayor Pro Tem David
Rice, District 4
Craig Cates, District 1
James K. Scholl, District
3
Holly Merrill Raschein,
District 5
Regular Meeting
March 11, 2026
Agenda Item Number: P4
26-0563
BULK ITEM: No DEPARTMENT: Planning and
Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider An Ordinance Amending the Monroe
County Land Use District (LUD) Map from Improved Subdivision (IS) to Commercial 1 (C1) for property
located at 106261, 106271, and 106281 Overseas Highway, Key Largo, approximate mile marker 106,
currently having Parcel Identification Numbers 00538820-000000, 00538810-000000, and 00538800-
000000, as requested by FLO Grown Home Buyers, LLC.
ITEM BACKGROUND: On April 1, 2025, the Monroe County Planning and Environmental Resources
Department ("Department") received an application from Island Construction Management, Inc. ("Agent"),
on behalf of FLO Grown Home Buyers, LLC ("Applicant") to amend the Monroe County Land Use District
("LUD") Map from Improved Subdivision ("IS") to Commercial 1 ("Cl") for property located at
106261, 106271, and 106281 Overseas Highway, Key Largo, ("subject property" or the "Property")
currently having Parcel Identification Numbers 00538820-000000, 00538810-000000, and 00538800-
000000.
isting Land Use District
Land Use District
Site Information:
Location: MM 106, Key Largo
Addresses: 106261, 106271, and 106281 Overseas Highway
Property Description:
• Lot 18, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book 5,
at Page 14, of the Public Records of Monroe County, Florida; and
• Lot 19, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book 5,
at Page 14, of the Public Records of Monroe County, Florida; and
• Lot 20, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book 5,
at Page 14, of the Public Records of Monroe County, Florida
Parcel Identification Numbers: 00538820-000000, 00538810-000000, 00538800-000000
Boundary: Affected parcel is outlined in black in the images above
Applicant: Flo Grown Home Buyers, LLC
Agent: Island Construction Management, Inc.
Size of Properties (cumulative): 23,292 Square Feet (0.53 acres)
Current FLUM Designation: Residential Medium (RM)
Current Land Use District: Improved Subdivision (IS)
Tier Designation: III
Flood Zone: X
CBRS: No
Existing Permitted Use: Vacant
Existing Vegetation/Habitat: Hammock
Community Character of Immediate Vicinity: Adjacent land uses include residential, transient residential,
commercial, and public uses (John Pennekamp Coral Reef State Park)
The Property currently has a Land Use District (LUD) designation of Improved Subdivision (IS) and a Future
Land Use Map (FLUM) designation of Residential Medium (RM). In the application materials, the
Applicant's stated the reason for the proposed amendment is the desire for future development for non-
residential uses.
Existing Land Use District:
Section 130-36. Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to accommodate the legally vested residential development rights of the
owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this LDC.
For the purpose of this section, improved lots are those that are served by a dedicated and accepted existing
road of porous or nonporous material, that have an approved potable water supply, and that have sufficient
uplands to accommodate the proposed use in accordance with the required setbacks. This district is not
intended to be used for new land use districts of this classification within the county.
Proposed Land Use District:
Section 130-28. Purpose of the Commercial 1 District (C1)
The purpose of the C1 district is to establish areas for commercial retail, public, institutional and office
uses designed and intended primarily to serve the needs of immediately surrounding residential areas. This
district should be established at locations convenient and accessible to residential uses to reduce trips on
U.S. 1.
The proposed LUD amendment (from IS to C1) would result in a decrease of allocated market rate density
and an increase in nonresidential intensity. The TDR/market rate residential maximum net density, affordable
residential maximum net density, and transient density would remain at zero (0).
The maximum nonresidential floor area would increase from zero (0) to a maximum potential of 9,316.8
square feet. Any new or expanded nonresidential floor area would require an NROGO allocation in
accordance with LDC Section 138-49. The total amount of new nonresidential floor area that could be
constructed on any of the Properties would be dependent on the size of the property to be developed and the
actual use proposed.
Habitat
It is important to note that the density and intensity potential of the Property is subject to the future land use
and zoning designations. However, the Property's habitat is designated as hammock and therefore would be
subject to the clearing restrictions provided in Comprehensive Plan Policy 101.5.27. The clearing limit could
impact maximum development potential of the Property. The comprehensive plan utilizes the Tier
designations to determine the clearing limits for hammock. The Property is designated Tier III.
Policy 101.5.27
All development shall be subject to clearing limits defined by habitat and the location of the property in the
Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland
native vegetation for properties in the Ocean Reef planned development shall be limited to 40 percent. Except
as defined in Policy 101.11.2, clearing of upland native vegetative areas in the Tiers I, II, III and Tier III -A
shall be limited to the following percentages or maximum square footage:
Tier III
40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be
no more than 7,500 square feet, of upland native vegetative area.
The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater
than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing
for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable
access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500
square feet. Clearing for a driveway shall be recommended by a County biologist and approved by
the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen
trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed
40 percent of the entire site.
CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN AND
THE MONROE COUNTY LAND DEVELOPMENT CODE
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County
Year 2030 Comprehensive Plan.
B. The proposed amendment is consistent with the provisions and intent of the Monroe County Code
Land Development Code.
Please refer to attached Staff Report for full explanation and data and analysis.
PREVIOUS RELEVANT BOCC ACTION:
The Applicant has also requested a corresponding Future Land Use Map (FLUM) Amendment from
Residential Medium (RM) to Commercial (COMM) (Planning and Environmental Resources Department
File No. 2025-069).
On December 10, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed Future Land Use Map amendment, considered the staff report, and provided for
public comment and public participation in accordance with the requirements of state law and the procedures
adoption for public participation in the planning process. The BOCC adopted Resolution 562-2025
transmitting the proposed amendment to the State Land Planning Agency (FloridaCommerce) for review and
comment.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
PROFESSIONAL STAFF RECOMMENDATION:
Professional staff recommends approval of the proposed zoning amendment from Improved Subdivision (IS)
to Commercial 1 (C1) for the Properties located at 106261, 106271, and 106281 Overseas Highway, Key
DOCUMENTATION:
2025-070 Staff Report
LUD Ordinance
Exhibit 1 to Ordinance
FINANCIAL IMPACT: N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue If yes, amount:
Producing:
Grant:
County Match:
Insurance Required:
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p4mrvsM.
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2026
AN ORDINANCE AMENDING THE MONROE COUNTY LAND USE
DISTRICT (LUD) MAP FROM IMPROVED SUBDIVISION (IS) TO
COMMERCIAL 1 (C1), FOR PROPERTY LOCATED AT 106261, 106271,
AND 106281 OVERSEAS HIGHWAY, KEY LARGO, DESCRIBED AS
LOTS 18-20, BLOCK 3, OCEAN ISLE ESTATES, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 14, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS
00538800-0000009 00538810-0000001) AND 00538820-000000; AS
REQUESTED BY FLO-GROWN HOME BUYERS, LLC; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT (LUD) MAP;
PROVIDING FOR AN EFFECTIVE DATE.'
WHEREAS, on April 1, 2025, the Monroe County Planning and Environmental Resources
Department ("Department") received an application from Island Construction Management, Inc.
("Agent"), on behalf of FLO Grown Home Buyers, LLC ("Applicant") to amend the Monroe
County Land Use District ("LUD") Map from Improved Subdivision ("IS") to Commercial 1
("Cl") for property located at 106261, 106271, and 106281 Overseas Highway, Key Largo,
currently having Parcel Identification Numbers 00538820-000000, 00538810-000000, and
00538800-000000 ("subject property" or the "Property"); and
WHEREAS, the Applicant has also requested a corresponding Future Land Use Map
("FLUM") amendment from Residential Medium ("RM") to Commercial ("COMM"); 2 and
WHEREAS, on July 7, 2025, the Applicant held a community meeting, as required by
Monroe County Land Development Code ("LDC" or "Code") Section 102-159(a) to discuss the
proposed LUD Map amendment and the corresponding FLUM amendment, and provide for public
participation; and
' Monroe County Planning and Environmental Resources Department ("Department") File No. 2025-070.
2 Department File No. 2025-069.
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WHEREAS, the Monroe County Development Review Committee ("DRC") considered
the proposed amendment at a regularly scheduled public meeting held on August 26, 2025; and
WHEREAS, on August 27, 2025, the DRC Chair signed Resolution No. 16-25
recommending approval of the proposed map amendment; and
WHEREAS, the Monroe County Planning Commission held a public hearing on October
22, 2025, for review and recommendation on the requested LUD Map amendment; and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P32-25
recommending to the Monroe County Board of County Commissioners (`BOCC", "Monroe
County", "Board", or the "County") approval of the requested amendment; and
WHEREAS, at a regularly scheduled public meeting held on the 11 t" day of March 2026,
the BOCC held a public hearing to consider adoption of the proposed LUD map amendment; and
WHEREAS, the Monroe County Board of County Commissioners made the following
findings of fact and conclusions of law:
1. The proposed amendment is consistent with one or more of the required provisions of
LDC Section 102-158(d)(7)(b); and
2. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
3. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statutes; and
4. The proposed amendment will not result in an adverse change in community character
to the sub -area which a proposed amendment affects or to any area in accordance with
the Key Largo Livable Communikeys Master Plan pursuant to findings of the BOCC;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. The foregoing recitals, findings of fact, and conclusions of law are true and correct
and are hereby incorporated as if fully set forth herein.
Section 2. The analysis, findings of fact, conclusions of law, and determinations in or
referenced within the February 19, 2026-dated Monroe County Planning and
Environmental Resources Department professional staff report from Department
Planning Policy Advisor Barbara Powell and Department Senior Director Devin
Tolpin, A.I.C.P.,3 C.F.M.4 accompanying this BOCC agenda item is/are approved
and adopted, as the BOCC's own analysis, findings of fact, conclusions of law, and
determinations, and the BOCC hereby incorporates said professional staff report in
its entirety as if fully set forth herein.
s American Tnstitute of Certified Planners (A.T.C.P.) — Certification.
4 Association of State Floodplain Managers (A.S.F.M.) — Certified Floodplain Manager (C.F.M.).
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Section 3. The Monroe County Land Use District ("LUD") Map is amended as follows:
The property located at 106261, 106271, and 106281 Overseas Highway,
Key Largo, having Parcel Identification Numbers 00538800-000000,
00538810-000000, and 00538820-000000, is changed from Improved
Subdivision ("IS") to Commercial 1 ("Cl") for the Property; and as shown
on Exhibit 1, attached hereto and incorporated herein.
Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
ambiguities, within this Ordinance or between this Ordinance and the Monroe
County Code of Ordinances, Florida Building Code, Florida Statutes, Florida
Administrative Code, Monroe County Land Development Code, Monroe County
Comprehensive Plan, or any other approval of the Monroe County Board of County
Commissioners, Monroe County Planning Commission, Monroe County
Development Review Committee, Monroe County Planning & Environmental
Resources Department, Monroe County Building Department, Monroe County
Floodplain Management Office, or other department or office of Monroe County,
the more restrictive rule, regulation, law, provision, interpretation, and text shall
always apply.
Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
County Codes, Florida Statutes, and floodplain management regulations whose
interpretation arise out of, relate to, or are interpreted in connection with this
Ordinance, shall be liberally construed and enforced in favor of Monroe County,
and such interpretation shall be entitled to great weight in adversarial administrative
proceedings, at trial, in bankruptcy, and on appeal.
Section 6. This Ordinance neither ratifies nor approves, nor shall be interpreted as ratifying or
approving, any violation or violations of the Monroe County Code of Ordinances,
Monroe County Land Development Code, Monroe County Comprehensive Plan,
floodplain management regulations, or any law, rule, or regulation, and shall not be
construed as ratifying or approving of any such violation of law(s), rule(s), or
regulation(s).
Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
require compliance with the Monroe County Codes, Monroe County
Comprehensive Plan, floodplain management regulations, Florida Building Code,
Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation,
whether at law or in equity.
Section 8. Severability, Partial Invalidity, and Survival of Provisions. If any provision of
this Ordinance, or any section, subsection, or part or portion thereof, is held to be
invalid or unenforceable by any administrative hearing officer or court of
competent jurisdiction, the invalidity or unenforceability of such provision, or part
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or portion thereof, shall neither limit nor impair the operation, enforceability, or
validity of any other provisions of this Ordinance, or any remaining section(s),
subsection(s), part(s), or portion(s) thereof. All other provisions, parts, and portions
thereof shall continue unimpaired in full force and effect.
Section 9. Repeal of Inconsistent Provisions. All ordinances or parts of an ordinance in
conflict with this Ordinance are hereby repealed to the extent of said conflict. The
repeal of an ordinance herein shall not repeal the repealing clause of such ordinance
or revive any ordinance which has been repealed thereby.
Section 10. Transmittal. This Ordinance shall be transmitted to the Florida State Land
Planning Agency as required by Sections 380.05(11) and 380.0552(9), Florida
Statutes.
Section 11. Filing and Effective Date. This Ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until approved by
the Florida State Land Planning Agency and, if appealed, until the appeal is
resolved pursuant to Chapter 120 of the Florida Statutes.
Section 12. Inclusion on the Monroe County Code's Official Land Use District Map. The
provisions of this Ordinance shall be included and incorporated on to the Official
Land Use District Map of Monroe County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular public meeting held on this 1 lth day of March, 2026.
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Commissioner Craig Cates, District 1
Commissioner James K. Scholl, District 3
Commissioner Holly Merrill Raschein, District 5
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LE
Mayor Michelle Lincoln
(SEAL) MONnOE COUNTY ATTORNEY
AIP �S To 0M1
ATTEST: KEVIN MADOK, CLERK
AS DEPUTY CLERK
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Exhibit 1 to Ordinance #
MM141M
Property ID Number(s):
00538820-000000, 00538810-000000,
00538800-000000
0
S ANDROS RD
The Monroe County Land Use District is amended
as indicated above.
Land Use change of three parcels of land in Key Largo from Improved Subdivision
0 District (IS) to Commercial 1 District (CI). N
w E
S
Date: 5/28/2025
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Devin Tolpin, A.I.C.P.,t C.F.M., Senior Director
Monroe County Planning and Environmental Resources Department
From: Barbara Powell, Planning Policy Advisor
Monroe County Planning and Environmental Resources Department
Date: February 19, 2026
Request: An Ordinance by the Monroe County Board of County Commissioners amending the
Monroe County Land Use District (LUD) Map from Improved Subdivision (IS) to
Commercial 1 (C1) 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,
LLC3
Meeting: March 11, 2026
I. REQUEST:
On April 1, 2025, the Planning and Environmental Resources 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 Land Use District ("LUD") Map from Improved Subdivision
("IS") to Commercial 1 ("Cl") for property located at 106261, 106271, and 106281 Overseas Highway,
Key Largo, currently having Parcel Identification Numbers 00538820-000000, 00538810-000000, and
00538800-000000 ("subject property" or the "Property").
Concurrent Applications:
The Applicant has also requested a corresponding Future Land Use Map (FLUM) Amendment from
Residential Medium (RM) to Commercial (COMM).4
II. BACKGROUND INFORMATION:
Site Information:
Location: MM 106, Key Largo
Addresses: 106261, 106271, and 106281 Overseas Highway
American Institute of Certified Planners (A.I.C.P.) — Certified.
'- Association of State Floodplain Managers (A.S.F.M.) — Certified Floodplain Manager (C.F.M.).
s Monroe County Planning and Environmental Resources Department ("Department") File No. 2025-070.
n Department File No. 2025-069.
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Propertv Description:
• Lot 18, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book
5, at Page 14, of the Public Records of Monroe County, Florida; and
• Lot 19, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book
5, at Page 14, of the Public Records of Monroe County, Florida; and
• Lot 20, Block 3, Ocean Isle Estates, according to the Plat thereof, as recorded in Plat Book
5, at Page 14, of the Public Records of Monroe County, Florida
Parcel Identification Numbers: 00538820-000000, 00538810-000000, 00538800-000000
Boundary: Affected parcel is outlined in black in the images below
Applicant: Flo Grown Home Buyers, LLC
Agent: Island Construction Management, Inc.
Size of Properties (Cumulative): 23,292 Square Feet (0.53 acres)
Current FLUM Designation: Residential Medium (RM)
Current Land Use District: Improved Subdivision (IS)
Tier Designation: III
Flood Zone: X
CBRS: No
Existing Permitted Use: Vacant
Existing Vegetation/Habitat: Hammock
Community Character of Immediate Vicinity: Adjacent land uses include residential, transient
residential, commercial, and public uses (John Pennekamp Coral Reef State Park)
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., /, ;, � ii /i.� // 9. ,! � /..
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Existing Land Use District Designation
Proposed Land Use District Designation
Community Meeting and Public Participation:
In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual
meeting was held on July 7, 2025, to discuss the proposed Land Use District (LUD) Map and
corresponding Future Land Use Map (FLUM) amendments and provide for public participation. Concerns
raised at the public meeting included but were not limited to:
• Concerns over the required notification radius; and
• Unknown nonresidential use to be developed; and
• Increases in traffic.
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I Monroe County Development Review Committee Meeting and Public Input:
2 On August 26, 2025, the Monroe County Development Review Committee ("DRC") considered the
3 proposed Land Use District ("LUD") Map amendment and provided for public input. On August 27, 2025,
4 the DRC Chair signed Resolution No. DRC 16-25, recommending approval of the proposed map
5 amendment.
7 Monroe County Planning Commission Meeting and Public Input:
8 On October 22, 2025, the Planning Commission considered the proposed amendment, provided for public
9 input and recommended approval of the proposed map amendment through Resolution P32-25.
10
11 Prior Relevant BOCC Action:
12 There has been no apparent prior BOCC action pertaining to the Property.
13
14 III. AMENDMENT REVIEW:
15
16 The Property currently has a Land Use District ("LUD") designation of Improved Subdivision ("IS") and
17 a Future Land Use Map ("FLUM") designation of Residential Medium ("RM").
18
19 In the application materials, the Applicant's stated the reason for the proposed amendment is pictured
20 below:
[be current owners wish to seek future development for non-residential uses. They do not safe the benefit to the
citizens of Monroe County to develop residantlal units directly on US-1 . They feel the installing two rniorecurb cats
off of the highway w0l negativeiy effect traftmu flows andthat theta could be a dangerou
s situation entering and Bxitirtig the highway.
Entries and eAts to Us-1 in imainy areas of the leey�s is Wiready dangerous enough without adding mare curb cuts and more vehicles.
Additions ly there are fewer RQG0 allocations avaflabie and converUng Highway frontage properties to a neon -residential use willl
lessen the strain on the ROG�O list and allow i'nfilll aireas..to ha
ve permits available to residential puss.
21
22
23 Existing Land Use District:
24 Section 130-36. Purpose of the Improved Subdivision District (IS)
25 The purpose of the IS district is to accommodate the legally vested residential development rights of the
26 owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this
27 LDC. For the purpose of this section, improved lots are those that are served by a dedicated and accepted
28 existing road of porous or nonporous material, that have an approved potable water supply, and that have
29 sufficient uplands to accommodate the proposed use in accordance with the required setbacks. This district
30 is not intended to be used for new land use districts of this classification within the county.
31
32 Proposed Land Use District:
33 Section 130-28. Purpose of the Commercial 1 District (C1)
34 The purpose of the C1 district is to establish areas for commercial retail, public, institutional and office
35 uses designed and intended primarily to serve the needs of immediately surrounding residential areas.
36 This district should be established at locations convenient and accessible to residential uses to reduce
37 trips on U.S. 1.
38
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1 Maximum Density and Intensitby Land Use District
2 The table below provides a comparison of the development potential for residential, transient and
3 commercial development of the Properties under the existing LUD and the required FLUM category as
4 compared to the proposed, amended, zoning district and FLUM. Section 130-156(b) of the Land
5 Development Code (LDC) states: "The density and intensity provisions set out in this section are intended
6 to be applied cumulatively so that no development shall exceed the total density limits of this article. For
7 example, if a development includes both residential and commercial development, the total gross amount
8 of development shall not exceed the cumulated permitted intensity of the parcel proposed for
9 development."
10
Maximum Development Potential by FLUM Designation and Land Use District (LUD)
Existing
Type
Adopted
Development Potential
Zoning/FLUM
Standards
Improved
Market Rate Allocated
1.0 du/lot
3 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: 23,292
SF/0.53 acres
Transient Allocated
0
0 du
Density
Transient Max. Net Density
0
0 du
Nonresidential Uses
0
0 sf
Proposed
Type
Adopted
Development Potential
Zoning/FLUM
Standards
Commercial l/
Market Rate Allocated
0
0 du
(C1)
Density
TDR/Market Rate
0
0 du
Commercial
Residential Max. Net
(COMM)
Density
Affordable Residential
0
0 du
Gross Upland
Max. Net Density
Area: 23,292
Transient Allocated
0
0 rooms/spaces
SF/0.53 acres
Density
Transient Max. Net Density
0
0 rooms/spaces
Nonresidential Uses
0.15-0.40 FAR
3,493.8 sf— 9,316.8 sf
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Net Change in
Development
Potential of
Cumulative
Properties
Based on
FLUM/LUD
Amendments
Type
Net Change
Market Rate Allocated Density
-3 du
TDR/Market Rate Residential Max. Net
Density
n/a
Affordable Residential Max. Net Density
0 du
Transient Allocated Density
0 rooms/spaces
Transient Max. Net Density
0 rooms/spaces
Nonresidential Uses
+ 3,493.8 sf — 9,316.8 sf
As shown in the orange portion of the table, the proposed LUD amendment (from IS to C1) would result
in a decrease of allocated market rate density and an increase in nonresidential intensity. The
TDR/market rate residential maximum net density, affordable residential maximum net density, and
transient density would remain at zero (0).
The maximum nonresidential floor area would increase from zero (0) to a maximum potential of 9,316.8
square feet. Any new or expanded nonresidential floor area would require an NROGO allocation in
accordance with LDC Section 138-49.
The total amount of new nonresidential floor area that could be constructed on any of the Properties would
be dependent on the size of the property to be developed and the actual use proposed. Below is a table
detailing the maximum floor area ratios permitted based on proposed use within the Commercial 1 LUD
in accordance with LDC Section 130-164.
Use within Commercial 1 (C1)
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
Habitat:
It is important to note that the density and intensity potential of the Property is subject to the future land
use and zoning designations. However, the Property's habitat is designated as hammock and therefore
would be subject to the clearing restrictions provided in Comprehensive Plan Policy 101.5.27. The
clearing limit could impact maximum development potential of the Property. The comprehensive plan
utilizes the Tier designations to determine the clearing limits for hammock. The Property is designated
Tier 111.
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2 Policy 101.5.27
3 All development shall be subject to clearing limits defined by habitat and the location of the property in
4 the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing limits of
5 upland native vegetation for properties in the Ocean Reef planned development shall be limited to 40
6 percent. Except as defined in Policy 101.11.2, clearing of upland native vegetative areas in the Tiers I, II,
7 III and Tier III -A shall be limited to the following percentages or maximum square footage:
9 Tier III:
10 40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall
11 be no more than 7,500 square feet, of upland native vegetative area.
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13 The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels
14 greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key,
15 clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide
16 reasonable access to the property for each parcel and shall be exempt from the maximum clearing
17 limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist
18 and approved by the Planning Director. The proposed driveway design shall minimize
19 fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall
20 clearing, including the driveway, exceed 40 percent of the entire site.
21
22 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE:
23
24 C. The proposed amendment is consistent with the provisions and intent of the Monroe County
25 Code Land Development Code.
26
27 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
28 158(d)(7)(b):
29
30 1. Changed projections (e.g., regarding public service needs) from those on which the text or
31 boundary was based;
32 Applicant Response: "This area should be served by non-residential uses. Residential uses are
33 limited as to permitting and it will best serve the public to have these properties be some form
34 of non-residential uses. "
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2. Changed assumptions (e.g., regarding demographic trends);
Applicant Response: "There are few residential ROGO units remaining. The change will
lessen the impact on the remaining ROGO demand. The change will seek non-residential uses
on the US-1 corridor. "
3. Data errors, including errors in mapping, vegetative types and natural features;
Applicant Response: "We believe there could have been a mapping error as part of this
property seems to have been SC and part SR zoned in 1986. The copy of the REDI map we
have does not even show Andros or Abaco Road extending all the way to the highway! Errors
could have happened in the early `80's when developing the original zoning Maps due to this
mapping error. There appears to be an "Alley" between these properties and the residential
properties to the ocean side. It is likely the intent that these properties have non-residential
uses with a service alley that would accommodate the commercial uses. "
4. New issues;
Applicant Response: "As we are aware of the County [sic] is almost out of ROGO allocations.
This change will allow a non-residential transition with less commercial impact on the
neighborhood, since C-1 is more of a "neighborhood Commercial " zoning. "
The Applicant has proposed a corresponding FLUM amendment changing the FLUM designation
on the Property from Residential Medium (RM) to Commercial (COMM). The proposed LUD
map amendment is necessary to be consistent with the proposed FLUM amendment. Sections
163.3194 and 163.3201, F.S., require land development regulations to be consistent with and
implement the Comprehensive Plan.
The proposed LUD amendment is consistent with the purpose of the Commercial 1 (C1) land use
district.
Sec. 130-28. Purpose of the Commercial 1 District (Cl).
The purpose of the C1 district is to establish areas for commercial retail, public, institutional and
office uses designed and intended primarily to serve the needs of immediately surrounding
residential areas. This district should be established at locations convenient and accessible to
residential uses to reduce trips on U.S. 1.
5. Recognition of a need for additional detail or comprehensiveness; or
Applicant Response: "We believe the county should consider amending all IS properties directly
on US-1 to a non-residential zoning. It is not conducive to have single family residential units
directly on the highway, especially in a commercial corridor. "
6. Data updates;
Applicant Response: "The county is almost out of ROGO allocations. "
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
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with a Livable CommuniKeys master plan pursuant to findings of the board of county
commissioners.
The proposed LUD amendment is not anticipated to result in an adverse community change.
V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
THE KEY LARGO LIVABLE COMMUNIKEYS PLAN, AND THE PRINCIPLES FOR
GUIDING DEVELOPMENT:
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County Year 2030 Comprehensive Plan. Specifically, it furthers:
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
residents and visitors, and protect valuable natural resources.
Objective 101.4
Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
the needs of the future population of Monroe County.
Policy 101.4.1
Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known
as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a
balance between residential and nonresidential growth by limiting the floor area of new nonresidential
development available within the County to maintain a maximum of 47,083 square feet of floor area
per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an
annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the
unincorporated area of the county, excluding areas within the county mainland and within the Ocean
Reef planned development (Future development in the Ocean Reef planned development is based
upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued
by the Department of Community Affairs).
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible distribution
of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.8
The principal purpose of the Commercial (COMM) future land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail; highway -
oriented sales and services; commercial recreation; light industrial; public, institutional and office uses
may be permitted at intensities which are consistent with the community character and the natural
environment. The commercial zoning districts established within this category are intended to serve
the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to
accommodate transient or permanent residential development.
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In order to protect environmentally sensitive lands, the following development controls shall apply to
all Tier I lands within this land use category:
1. Only low intensity commercial uses shall be allowed; and
2. A maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
Policy 101.5.25
Monroe County hereby adopts the following density and intensity standards for the future land use
categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
Future Land Use Densities and Intensities
Residential 0)
Nonresidential
Minimum
Future Land Use
Open Space
Category and
Allocated Density (a)
Maximum Net DensityRatio
Maximum Intensity
(°)
Corresponding
(per upland acre)
(a) �,)
(floor area ratio)
Zoning
(per buildable acre)
Commercial
0 du
N/A
0.15-0.50
0.20
(COMM)
0 rooms/spaces
N/A
(CI and C2
zoning)
Policy 101.5.26
In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
promote the reduction in overall County residential density and the preservation of Monroe County's
native habitat by enacting legislation which implements the following policy statements for private
applications for future land use map amendments which increase allowable residential allocated
density. Private application(s) means those applications from private entities with ownership of the
upland development and parcel(s) of land or includes private upland development on County -owned
land.
Objective 101.19
Monroe County shall address local community needs while balancing the needs of all Monroe County
communities. These efforts shall focus on the human crafted environment and shall be undertaken
through the Livable CommuniKeys Planning Program.
Policy 101.19.2
The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
have been completed in accordance with the principles outlined in this section and adopted by the
Board of County Commissioners:
6. The Key Largo Livable CommuniKeys Plan is incorporated by reference into the Monroe
County Comprehensive Plan. Adopted By Ordinance 031-2012.
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Goal 102
Monroe County shall direct future growth to lands which are most suitable for development and shall
encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
tropical hardwood hammock).
Objective 102.3
Monroe County shall maintain land development regulations which will direct new development to
areas having appropriate topography and soil conditions and to where site disturbance and man's
activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
and marine resources.
Objective 105.1
Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
processes to preserve the natural environment, maintain and enhance the community character and
quality of life, redevelop blighted commercial and residential areas, remove barriers to design
concepts, reduce sprawl, and direct future growth to appropriate infill areas.
Policy 105.1.3
Monroe County shall, through its development standards and Land Development Code, continue to
foster the retention and redevelopment of small businesses on the U.S.1.
B. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan
Specifically it furthers:
Strategy 1.3 Continue to utilize the Land Use District Map and supporting FLUM to regulate land use
type, density and intensity on individual parcels within the planning area.
Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
comprehensive planning principles and the following community -goal related criteria:
a. Promote infill, design flexibility and transfer of density to Community Centers.
b. Preserve commercial conformance status within sections along US-1 predominated by existing
commercial businesses and disturbed lands.
c. Encourage sun -setting of intensive commercial uses within sections along US-1 predominated
by natural habitat or native -dominated landscape, relatively sparse development and relatively
few businesses.
d. Preserve commercial use status for existing waterfront uses that support the tourist -based and
working waterfront -based economy.
e. Give consideration to whether the property provides a unique or outstanding opportunity for
enhancement of design, connectivity and other community goals, especially along the US-1
corridor.
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E. In no event shall an amendment be approved which will result in an adverse change in
community character to the sub -area which a proposed amendment affects or to any area in
accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.
Per the Applicant, "As previously stated, we believe the C-1 district is more in line with the
commercial corridor and a better fit to transition between US-1 and a residential neighborhood. "
Professional staff does not anticipate that approval of the proposed amendment of the LUD to result
in an adverse change in community character to the sub -area which the proposed amendment affects.
VI. PROFESSIONAL STAFF RECOMMENDATION:
Department professional staff recommends approval of the proposed LUD amendment from Improved
Subdivision (IS) to Commercial 1 (C1) for the Properties located at 106261, 106271, and 106281 Overseas
Highway, Key Largo.
17 VII. EXHIBITS:
18 1. 11" X 17" Map Series LUD Amendment
19 2. Ordinance
20 3. Exhibit 1 to Ordinance
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