HomeMy WebLinkAboutItem U10 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
March 11, 2026
Agenda Item Number: U10
26-0554
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: N/A STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING: A Public Hearing to Consider a Request for BOCC Approval of a
Resolution Transmitting an Ordinance Amending the Monroe County Comprehensive Plan's Future
Land Use Map (FLUM) from Institutional (INS) to Mixed Use/Commercial (MC) for Eleven (11)
Parcels of Land Described as Lots 7-12 and 40-46, Block 14, Lake Surprise Estates Subdivision, Key
Largo, currently having Parcel Identification Numbers 00537590-000000, 00537600-000000,
00537610-000000, 00537620-000000, 00537630-000000, 00537640-000000, 00537980-000000,
00537960-000000, 00537940-000000, 00537930-000000, and 00537920-000000, as Sought by
Doherty Robert M Rev. Trust 02/03/2021 and Doherty Yvette Rev. Trust 02/03/2021.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
DOCUMENTATION:
BOCC Staff Report
Staff Report—Exhibit 1—Draft Ordinance
Staff Report—Exhibit 2_FLUM Map
BOCC Transmittal Resolution
FINANCIAL IMPACT:
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 Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
4 P
5
6 MEMORANDUM
7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
8 We strive to be caring,professional and fair
9
10 To: Monroe County Board of County Commissioners
11
12 Through: Devin Tolpin, CFM, AICP, Senior Director
13 Monroe County Planning & Environmental Resources Department
14
15 From: Liz Lustberg, AICP, CFM, Senior Planner
16 Monroe County Planning & Environmental Resources Department
17
18 Date: February 9, 2026
19
20 Request: An Ordinance Approving an Amendment of the Monroe County Future Land Use
21 Map ("FLUM") from Institutional ("INS") to Mixed Use/Commercial ("MC") for
22 11 parcels described as Lots 7-12 and 40-46, Block 14 in Lake Surprise Estates
23 Subdivision, Key Largo; as Requested by Doherty Robert M Rev Trust
24 02/03/2021 and Doherty Yvette Rev Trust 02/03/2021 (File 2022-163)
25
26 BOCC Meeting: March 11, 2026
27
28 L REQUEST
29
30 On April 29, 2025, the Planning and Environmental Resource Department received a Revised Application
31 from Barbara Mitchell of Mitchell Planning & Design Inc. (the "Agent"), on behalf of Doherty Robert M Rev
32 Trust 02/03/2021 and Doherty Yvette Rev Trust 02/03/2021 (the "Applicants") to amend the Monroe County
33 Future Land Use Map (FLUM) from Institutional (INS) to the Mixed Use/Commercial (MC) FLUM Category
34 for 11 parcels, described as Lots 7-12 and 40-46, Block 14 in Lake Surprise Estates Subdivision, known as
35 Vacant Land and 827, 829, and 835 Largo Road, Key Largo (the "Property" and/or "Properties") currently
36 having Parcel Identification Numbers 00537590-000000, 00537600-000000, 00537610-000000, 00537620-
37 000000, 00537630-000000, 00537640-000000, 00537980-000000, 00537960-000000, 00537940-000000,
38 00537930-000000, 00537920-000000.
39
40 The existing Land Use District (Zoning) of the Properties, which is Suburban Commercial (SC), is proposed to
41 remain the same.
42
43 II. BACKGROUND INFORMATION
44
45 Site Information:
46 Location: MM 106.5, Key Largo
47 Address: Vacant Land and 827, 829, and 835 Largo Road
48 Property Description: Lots 7, 8, 9, 10, 11, 12, 40, 41, 42, 43, 44, 45, and 46, Block 14, Lake Surprise Estates,
49 according to the map or plat thereof as recorded in Plat Book 4, Page 162, Public Records of Monroe County,
50 Florida
BOCC March 11,2026 Page 1 of 19
File 2022-163
I Parcel Identification Numbers: 00537590-000000, 00537600-000000, 00537610-000000, 00537620-000000,
2 00537630-000000, 00537640-000000, 00537980-000000, 00537960-000000, 00537940-000000, 00537930-
3 000000, and 00537920-000000
4 Boundary: Affected parcels are outlined in black in the images below
5 Applicants: Doherty Robert M Rev Trust 02/03/2021 and Doherty Yvette Rev Trust 02/03/2021
6 Agent: Barbara Mitchell of Mitchell Planning & Design Inc.
7 Size of Property: 65,144.2 square feet (1.5 gross acres)per submitted boundary survey dated 10/24/2022
8 Current FLUM Designation: Institutional (INS)
9 Current Land Use District: Suburban Commercial (SC)
10 Tier Designation: III
11 Flood Zone: AE (EL 9)
12 CBRS: No
13 Existing Permitted Uses:
14 • Institutional Uses located on parcels assigned ID#s 00537980-000000, 00537960-000000, 00537940-
15 000000,00537620-000000, 00537610-000000, 00537600-000000, and 00537590-000000 (835 Largo
16 Road);
17 0 Single Family Residences located on parcels assigned ID#s 00537630-000000 (829 Largo Road) and
18 00537640-000000 (827 Largo Road);
19 • Vacant (no use) on parcels assigned ID #s 00537930-000000 and 00537920-000000
20 Existing Vegetation/Habitat: Developed Land/Hammock
21 Community Character of Immediate Vicinity: Adjacent land uses include residential, utility, commercial
22 retail, and office uses.
23
�j
l
1� fi
f
24
25 Existing FLUM Designation Proposed FLUM Designation
26
27 An excerpt of the Applicants' stated reason for the proposed amendment is pasted below.
BOCC March 11,2026 Page 2 of 19
File 2022-163
Reason for Proposed FLUM Am endment:
To, estabilish a FLUM designation that is consistent withi, the exisflng Suburbwi, Commercial
zoning classdication., This, will cuiire tho existirvg conflict betwoop the zoirii0ig and FLUM
designatlons of the parcels and affowfor, a change of use theretyy providing teasonalble, use of
the buildings and property.
These parcels have been zoned for medfum Intensity commercial uses, since thile, Baatd of
County Commissioners adop't -d the Compfebansive Zoning Ordinance (Orbinance Nb 11.11973),
The 13U-2 designation was, intended to provide "aroas for the rmnduGl of bm,"Ones" rigaged In
wholesaling, wareh0LJ1,SinQ, and dis.tribu4ioq of goods and commpoditles,, serving the public
ttaveling on the highway, and for the SeIe� servll6og and storage of boats and aocessorles. It
further alllowed for, all uses Identifed in the 13UI-,t, dosignatfom Chumhes were riiol oo�lflicafly
i1d;en, ,tt0e,d but, rather requWed a Special Exemption granited by the Zoning Board. In 1,1979, the
Land Use Plan, as thefift! ellernent of the Comprehensive Plan for M ontoe Gciurtty,, Identified
BUI-2 Ztin[ng Iri the Commercial Land Use Categmy,. Subsequently, the Suburban Commercial
deqignaflc n was applied with the, adaptian of the 1986 I-arid Use Nan. The INS RAW
designation; was riot assigned ontlil the adoption of tho CornprohepsivefNan in 1997.
TIrve proposed FLUM amendment Is needed to maintain and use the existing structures!
entitlements and to obtatri the ability to use the property In a nairi-Institutional manner
consistant with the permitted uses In the SC district.
2 The Applicants' full explanation and justification of the proposed amendment is included in the application file
3 (File 2022-163).
4
5 Community Meeting and Public Participation
6 In accordance with LDC Section 102-159(a), a community meeting was held on January 11, 2023, at 5:05 PM
7 at the Property to discuss the proposed Future Land Use Map (FLUM) amendment to COMM and
8 corresponding Land Use District (Zoning) Map amendment to Cl, and to provide for public participation. A
9 second community meeting was held on May 10, 2023, at 5:05 PM at the Property regarding the same proposal.
10
11 Following the revision and resubmittal of the Applicant's request, a new community meeting was held via zoom
12 at 5:05 PM on October 16, 2025, to discuss the proposed FLUM amendment from INS to MC.
13
14 Concerns raised at the community meetings included but were not limited to:
15 0 Traffic along Largo Road; and
16 0 Access to the Property via US 1; and
17 0 Use of the Property for light industrial and high intensity commercial retail; and
18 0 Use of existing protest forms.
19
20 Development Review Committee Meeting and Public Input
21 On November 18, 2025, the DRC considered the proposed amendment and provided for public input. On
22 November 19, 2025, the Chair of the DRC signed Resolution No. DRC 23-25, not recommending approval to
23 the Planning Commission and Board of Couty Commissioners unless and until the Applicants demonstrate
24 consistency with Comprehensive Plan Policy 101.5.26.
25
26
27
BOCC March 11,2026 Page 3 of 19
File 2022-163
I Monroe County Planning Commission Meeting and Public Input
2 On January 29, 2026, the Planning Commission ("PC") considered the proposed amendment, provided for
3 public input and recommended denial of the proposed map amendment through PC Resolution No. 1-26.
4
5 Prior Relevant BOCC Action
6 The Property currently has a Land Use District (Zoning) designation of Suburban Commercial (SC) and a
7 Future Land Use Map (FLUM) designation of Institutional (INS). The Property was within the BU-2 (medium
8 business district) zoning district prior to September 15, 1986. In 1986, the Property was designated as Suburban
9 Commercial(SC) and has remained with this designation.
10
11 With the adoption of the Comprehensive Plan's FLUM in 1997, the Property was given the current
12 FLUM designation of Institutional (INS).
13
14 III. AMENDMENT REVIEW
15
16 FLUM Cater;y Comparisons
17
18 Existing
19
20 Policy 101.5.12
21 The principal purpose of the Institutional (INS) future land use category is to provide for institutional uses by
22 federally tax-exempt, nonprofit facilities, including, but not limited to, educational, scientific, religious, social
23 service, cultural, health care, and recreational organizations. Related institutional residential and nonresidential
24 uses, including student and employee housing, shall be allowed.
25
26 Proposed
27
28 Policy 101.5.6
29 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
30 establishment of mixed use commercial land use (zoning) districts where various types of commercial retail and
31 office may be permitted at intensities which are consistent with the community character and the natural
32 environment. Employee housing and commercial apartments are also permitted. In addition, Mixed
33 Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include
34 maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional,
35 public, and commercial retail uses.
36
37 This future land use category is also intended to allow for the establishment of mixed use development patterns,
38 where appropriate. Various types of residential and nonresidential uses may be permitted; however, heavy
39 industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a
40 proactive role in encouraging the preservation and enhancement of community character and recreational and
41 commercial working waterfronts.
42 In order to protect environmentally sensitive lands, the following development controls shall apply to all
43 hammocks,pinelands, and disturbed wetlands within this land use category:
44 1. only low intensity commercial uses shall be allowed;
45 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
46 3. maximum net residential density shall be zero.
47
48 In order to preserve and promote recreational and commercial working waterfront uses, as defined by [Section]
49 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime Industries (MI) land use
50 (zoning) district within this land use category:
BOCC March 11,2026 Page 4 of 19
File 2022-163
1 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, working
2 waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat
3 storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a minimum of
4 35% of the upland area of the property for those uses.
5 To incentivize additional preservation of recreational and commercial working waterfront uses, the
6 following shall be available:
7 i. For the preservation of 3650% of the upland area of property for working waterfront and water
8 dependent uses, up to 20,000 square feet of nonresidential floor area from the NROGO bank shall be
9 provided to the property; and
10 ii. For the preservation of 50% or more of the upland area of property for working waterfront and water
11 dependent uses, the residential density on the property may be developed pursuant to the maximum net
12 density standard without the use of TDRs.
13 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the wet
14 slips for vessels involved with recreational and commercial working waterfront uses, excluding live-aboard
15 vessels solely used as a residence and not for navigation.
16 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet slips for
17 vessels involved with recreational and commercial working waterfront uses, excluding live-aboard vessels
18 solely used as a residence and not for navigation.
19 4. The preservation of dockage for recreational and commercial working waterfront uses shall be
20 documented on the final development plan and shall be a written condition of any permit approval.
21 5. For permanent residential development, parcels within the MI zoning district shall be limited to
22 commercial apartments or employee housing. Commercial apartment means an attached or detached
23 residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve
24 as permanent housing for the owner or employees of that nonresidential use. The term does not include a
25 tourist housing use or vacation rental use.
26 6. The preservation of a public access walkway, and a public access boat launch if one already exists, shall
27 be required for all parcels with direct access to the water. Consideration shall be given to security and the
28 physical constraints of the parcel. The public access walkway shall be documented on the final development
29 plan to link a continuous walkway and shall be a written condition of any permit approval.
30 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square
31 feet of floor area. (Ord. No. 032-2012)
32
33 Maximum Density and Intensity by FLUM
34
35 The following table provides a comparison of the development potential for residential, transient and
36 commercial development of the Properties under the existing FLUM category as compared to the proposed
37 FLUM in accordance with Policy 101.5.25 of the Comprehensive Plan.
38
39 Section 130-156(b) of the Land Development Code (LDC) states: "The density and intensity provisions set out
40 in this section are intended to be applied cumulatively so that no development shall exceed the total density
41 limits of this article. For example, if a development includes both residential and commercial development, the
42 total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for
43 development."
44
45
46
47
48
49
50
BOCC March 11,2026 Page 5 of 19
File 2022-163
Maximum Development Potential by FLUM Designation
Existing FLUM Type Adopted Development Potential
Standards
Market Rate 0 0 du
Allocated Density
Institutional(INS) TDR/Market Rate
Residential Max Net 0 0 du
Gross Upland Area: Density
65,144.2 SF/1.5 acres Affordable Residential Max
0 0 du
Net Density
(1.20 buildable acres) Transient 15 rooms/spaces/ 22.5 rooms/spaces
Allocated Density gross acre
Transient 24 rooms/spaces/
Max Net Density buildable acre 28.8 rooms/spaces
Nonresidential 0.30 FAR 19,543.26 sf
Uses
Proposed FLUM Type Adopted Development Potential
Standards
Market Rate 1 - 6 du/gross
1.5 - 9 du
Allocated Density acre
TDR/Market Rate 2— 18
Residential Max Net du/buildable acre 2.4—21.6 du
Mixed Use/ Density
Commercial (MC) Affordable Residential Max 18 du/buildable
Gross Upland Area:
Net Density acre 21.6 du
65,144.2 SF/1.5 acres Transient 5 - 15
Allocated Density rooms/spaces/ 7.5—22.5 rooms/spaces
(1.2 buildable acres) gross acre
Transient 10—25
Max Net Density rooms/spaces/ 12 - 30 rooms/spaces
buildable acre
Nonresidential 0.10-0.60 FAR 6,514.42—39,086.52 sf
Uses
Type Potential Net Change
Net Change in
Development Potential TDR/Market Rate Residential Max Net +21.6 du
of Cumulative Densit
Properties Based on Affordable Residential Max Net Density +21.6 du
FLUM Amendment
Transient Allocated Density No change
BOCC March 11,2026 Page 6 of 19
File 2022-163
Transient Max Net Density +1.2 rooms/spaces
Nonresidential Uses -13,028.82 to +19,543.26 s
1
2 As shown in the orange portion of the table, the proposed FLUM amendment (from INS to MC) would result in
3 an increase of allocated market rate density, TDR/market rate residential max. net density, affordable
4 residential max. net density, and transient max. net density. The transient allocated density would remain
5 unchanged at 22.5 rooms/spaces.
6
7 The maximum nonresidential floor area would increase from 19,543.26 square feet to a maximum potential of
8 39,086.52 square feet. Any new or expanded nonresidential floor area would require an NROGO allocation in
9 accordance with LDC Section 138-49.
10
11 Additionally, for properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/
12 Commercial and Mixed Use/Commercial Fishing future land use categories, the maximum floor area ratio shall
13 be 0.10 and the maximum net density bonuses shall not be available.
14
15 Habitat
16 Two (2) of the parcels that make up the Properties are designated a hammock and are also subject to the
17 clearing restrictions provided in Comprehensive Plan Policy 101.5.27. The clearing limit could impact
18 maximum development potential of the Properties.
19
20 Policy 101.5.25(f) provides the following: For properties consisting of hammocks, pinelands or disturbed
21 wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories,
22 the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available.
23
24 Policy 101.5.27
25 All development shall be subject to clearing limits defined by habitat and the location of the property in the
26 Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland
27 native vegetation for properties in the Ocean Reef planned development shall be limited to 40 percent. Except
28 as defined in Policy 101.11.2, clearing of upland native vegetative areas in the Tiers I, 11, III and Tier III-A shall
29 be limited to the following percentages or maximum square footage:
30
31 Tier III
32 40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no
33 more than 7,500 square feet, of upland native vegetative area.
34
35 The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater
36 than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for
37 one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable
38 access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500
39 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the
40 Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees,
41 and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40
42 percent of the entire site.
43
BOCC March 11,2026 Page 7 of 19
File 2022-163
I'
'i ir° Overlay Distris n Cover Habi
1
2
3 Compliance with Comprehensive Plan Policy 101.5.26
4 The proposed FLU amendment from INS to MC results in an increase of residential allocated density
5 on the Properties and therefore requires mitigation as Provided pursuant to Comprehensive Plan Policy
6 101.5.26.
7
8 Policy 101.5.26:
9 In order to continue to implement the Florida Keys Carrying Capacity Study,Monroe County shall
10 promote the reduction in overall County residential density and the preservation of Monroe County's
11 native habitat by enacting legislation which implements the following policy statements for private
12 applications for future land use map amendments which increase allowable residential allocated
13 density. Private application(s) means those applications from private entities with ownership of the
14 upland development and parcel(s) of land or includes private upland development on County-owned
15 land.
16 Private applications requesting future land use map designation amendments received after the
17 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
18 density w:
19 1. For every acre of land, and/or factions thereof, where there is a request to increase residential
20 density, a private applicant shall purchase and dedicate land to Monroe County for conservation
21 that is a minimum of twice the size of the parcel subject to the proposed request and has a
22 residential density development potential equal or greater to the density increase being requested.
23 The following requirements apply:
24 • The dedicated land shall be designated as Tier I, Tier II or Tier III-A Special Protection Area and
25 be located on Big Pine Key/No Name Key or be within the same subarea of unincorporated Monroe
26 County as the proposed increase in residential density. Dedicated land may also be used by an
27 applicant for ROGO points.
BOCC March 11,2026 Page 8 of 19
File 2022-163
I • The dedicated land shall contain predominantly non-scarified native upland habitat and/or
2 undisturbed wetland habitat. The land shall be inspected by the Monroe County Biologist to assure
3 it is acceptable for acquisition and donation.
4 • A restrictive covenant shall be recorded to extinguish the development rights on the donated land.
5 • The Future Land Use Map Designation for the donated land may be designated by the County as
6 Conservation (C) or Preservation (P).
7 2. For each requested additional unit of residential density, a private applicant shall purchase and
8 dedicate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District
9 map to Monroe County to ensure the equivalent density requested is mitigated (excludes the
10 dedication of lots for affordable housing). The following requirements apply:
11 Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: I lot) ratio to mitigate the request
12 for increased allowable residential density,pursuant to option (a) or (b) below:
13 (a) The dedicated IS lots) shall be designated as Tier I, Tier II or Tier III-A Special Protection
14 Area and be located on Big Pine KeylNo Name Key or be within the same subarea of
15 unincorporated Monroe County as the proposed increase in residential density.
16 • The dedicated lot shall contain predominantly non-scarified native upland habitat and/or
17 undisturbed wetland habitat. The IS lots) shall be inspected by the Monroe County Biologist to
18 assure it is acceptable for acquisition and donation.
19 • A restrictive covenant shall be recorded to extinguish the development rights on the donated
20 land.
21 • The dedicated IS lot(s) must still have I (one) unit of allocated density per lot(i.e., may not
22 have sent density to another site via TDRs or have any other restriction on development rights
23 via deed restriction or similar mechanism).
24 • The Future Land Use Map Designation for the donated land may be designated by the
25 County as Conservation (C).
26 (b) The dedicated IS lots) shall be designated as Tier III, must have I unit of allocated density
27 per lot and must be within the same subarea of unincorporated Monroe County as the proposed
28 increase in residential density.
29 • The IS lot(s) shall be dedicated to Monroe County for the retirement of development rights;
30 or
31 • The IS lots) may be dedicated to Monroe County for affordable housing projects.
32 For options (1) and(2) described above, the parcel which is the subject of the request to
33 increase its residential density must be designated as Tier III and have existing public facilities
34 and services and available central wastewater facilities. Under this policy, no net increase in
35 residential density will be permitted.
36
BOCC March 11,2026 Page 9 of 19
File 2022-163
Example Requires the donation of 24 acres of non-scarified
12 acres requesting a FL UM amendment to native upland habitat and/or undisturbed wetland
0f
Option 1 increase density habitat, designated as Tier I, Tier II or Tier III-A.
(12 acres x 2 = 24 acres)
(a) Requires the donation of 20 IS lots of non-scarified
Example 20 acres with a total allocated density native upland habitat and/or undisturbed wetland
'
0f, allowing the development of 20 units, habitat, designated as Tier I, Tier II or Tier III-A; or
Option 2 requesting to increase density to allow 40 (b) Requires the donation of 20 IS lots designated as
units Tier III for affordable housing.
(Increase of 20 units = 20 IS lots)
2 The application DOESN T propose mitigation compliant with options 1 or 2 as required through
3 Comprehensive Plan Policy 101.5.26.
4
5 In a letter submitted on December 16, 2025, as part of the application, the Applicants proffers a Declaration of
6 Covenants, Conditions and Restrictions ("Deed Restriction") on the Properties. The proposed Deed Restriction
7 is included in the file and appears to propose a restriction of allocated density on the site to two (2) market rate
8 dwelling units, as pictured below:
. allocated Den!it . The Owner hereby covenants that the Market Rate allocated
residential densimv associated with the Property shall be limited to the mwo (2) recognized
lawfully established narket rate dwelling units. The ()wn r further covenants that,
notwithstanding the nvo (2) lawfully recognized inarket rate dwelling 1111iIts, no allocated
inark- t rate density is associated with the Propeity.
9
10 It should be noted that an allocated density of two (2) dwelling units is still an increase from the zero (0)
11 currently permitted within the INS FLUM Category, pursuant to Comprehensive Plan Policy 101.5.26. It
12 should also be noted that a deed restriction on the Property which restricts the allocated density is not
13 one of the options provided for in Policy 101.5.26. The proposed deed restriction has been included in the
14 application file.
15
16 The proposed application does not meet the requirements fora private Applicant to amend the F'LU
17 category of the ro ertylies, which results in an increase in residential allocated density, as provided for
18 in Comprehensive Plan Policy 101®5.26. Approval of the proposed F'LUM amendment as currently
19 proposed would e inconsistent with Comprehensive Plan Policy 101.5.26.
20
21 Compatibility with the Surrounding Area
22 a. Existing Vegetation/Habitat: Developed Land, Hammock
23 b. Existing Tier Designation: IIl, Tier I properties across US 1
24 c. Number of Listed Endangered or Threatened Species: 4
25 d. Existing Uses: Institutional, Residential, Vacant
26 e. Community Character of Immediate Vicinity: Adjacent land uses include residential, utility,
27 commercial retail, and office uses.
28
BOCC March 11,2026 Page 10 of 19
File 2022-163
1
2 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
3 Monroe County shall ensure that all development and redevelopment taking place within its boundaries does
4 not result in a reduction of the level-of-service requirements established and adopted by this comprehensive
5 plan. Further, Monroe County shall ensure that comprehensive plan amendments include an analysis of the
6 availability of facilities and services or demonstrate that the adopted levels of service can be reasonably met.
7
8 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
9 The Properties are located on Overseas Highway/ U.S. 1 in Key Largo at approximate mile marker 106.5.
10 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of"C." According to the
11 2025 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of"C" and Segment 24 on
12 Key Largo Key (MM 106.0 to MM 112.0) is operating at a LOS of`B." Segment 23 on Key Largo (MM 99.5
13 to MM 106) is operating at a LOS of"A."
14
15 At the time of development approval, a trip generation analysis will be required to be submitted in order to
16 verify sufficient roadway capacity to accommodate the development proposed at that time. According to the
17 2025 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for Segment 24 is 4,723 trips
18 and the maximum reserve volume for Segment 23 is 11,486 trips.
19
20 Potable Water (Comprehensive Plan Policy 701.1.1)
21 Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water treatment
22 design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8 MGD. The annual
23 average daily demand in Monroe County is 17.79 MGD.
24
25 The proposed FLUM amendment is not anticipated to adversely impact the Potable Water LOS.
26
27 Solid Waste(Comprehensive Plan Policy 801.1.1)
28 Monroe County has a contract with Waste Management authorizing the use of in-state facilities through
29 September 30, 2029. Currently, there is adequate capacity for solid waste generation. All commercial solid waste
30 is handled by private contract.
31
32 Sanitary Sewer (Comprehensive Plan Policy 901.1.1)
33 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary
34 Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and nonresidential
35 flow is 167 gallons per day per equivalent dwelling unit (EDU).
36
37 Parks and Recreation (Comprehensive Plan Policy 1201.1.1)
38 At the time a development permit is issued, adequate park and recreation lands and facilities are available to
39 serve the development at the adopted level of service standards concurrent with the impacts of such
40 development.
41
42 The proposed FLUM amendment is not anticipated to adversely impact the LOS for traffic, potable water, solid
43 waste nor sanitary sewer.
44
45 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, THE
46 KEY LARGO LIVABLE COMMUNIKEYS PLAN, THE MONROE COUNTY LAND
47 DEVELOPMENT CODE, AND THE PRINCIPLES FOR GUIDING DEVELOPMENT
48
BOCC March 11,2026 Page 11 of 19
File 2022-163
I A. The proposed amendment is inconsistent with the Goals, Objectives and Policies of the Monroe
2 County Year 2030 Comprehensive Plan. Specifically, the goosed amendment is inconsistent with
3 Policy 101.5.2 as described on Pages through 10 of this Report.
4
5 Policy 101.5.26
6 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall
7 promote the reduction in overall County residential density and the preservation of Monroe County's
8 native habitat by enacting legislation which implements the following policy statements for private
9 applications for future land use map amendments which increase allowable residential allocated density.
10 Private application(s) means those applications from private entities with ownership of the upland
11 development and parcel(s) of land or includes private upland development on County-owned land.
12
13 The proposed amendment is not inconsistent with the following Goals, Objectives, and Policies:
14
15 Policy 101.5.6
16 See full Policy on Pages 4 and S of this Report.
17
18 Policy 101.5.25
19 Monroe County hereby adopts the following density and intensity standards for the future land use
20 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
21
Future Land Use Densities and Intensities
Residential0) Nonresidential Minimum
Future Land Use I Open Space
Category and Ratio(�)
Corresponding Allocated Density(a) Maximum Net Density(�`)(b) Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
Mixed 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45
Use/Commercial 3 du(SC) 6-18 du(SC)(k) (SC, UC,DR,MU)
(MC)(f)(g) 6 du(UC) 12 du(UC) <2,500 SF(RV)
(SC,UC,DR, Commercial Apartments 12-18 du(MU)N 0.30-0.60(MI) 0.20
RV,MU and MI (RV)(") 18 du(DR)
zoning) 5-15 rooms/spaces 10-25 rooms/spaces
22
23 Goal102
24 Monroe County shall direct future growth to lands which are most suitable for development and shall
25 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
26 tropical hardwood hammock).
27
28 Objective 102.3
29 Monroe County shall maintain land development regulations which will direct new development to areas
30 having appropriate topography and soil conditions and to where site disturbance and man's activities will
31 have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms and marine
32 resources.
33
34 Policy 105.1.3
35 Monroe County shall, through its development standards and Land Development Code, continue to foster
36 the retention and redevelopment of small businesses on the U.S.1.
37
38 Policy 101.19.2
BOCC March 11,2026 Page 12 of 19
File 2022-163
I The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the
2 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
3 have been completed in accordance with the principles outlined in this section and adopted by the Board
4 of County Commissioners:
5
6 6. The Key Largo Livable CommuniKeys Plan is incorporated by reference into the Monroe
7 County Comprehensive Plan. Adopted By Ordinance 031-2012.
8
9 B. The proposed amendment is not inconsistent with the Key Largo Livable CommuniKeys Plan.
10 Specifically it furthers:
11
12 Strategy 1.3: Continue to utilize the Land Use District Map and supporting FLUM to regulate land use
13 type, density and intensity on individual parcels within the planning area.
14
15 Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development of
16 individual parcels with respect to density, intensity, bulk regulations, and all other land development
17 regulation. This will protect the existing conformance status of most uses and promote orderly
18 development consistent with the Comprehensive Plan.
19
20 Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
21 nonconforming uses, proposed changes in use, vacant parcels and other requests, based mainly on
22 comprehensive planning principles and the following community-goal related criteria:
23 a. Promote infill, design flexibility and transfer of density to Community Centers.
24 b. Preserve commercial conformance status within sections along US-1 predominated by existing
25 commercial businesses and disturbed lands.
26 C. Encourage sun-setting of intensive commercial uses within sections along US-1 predominated by
27 natural habitat or native-dominated landscape, relatively sparse development and relatively few
28 businesses.
29 d. Preserve commercial use status for existing waterfront uses that support the tourist-based and
30 working waterfront-based economy.
31 e. Give consideration to whether the property provides a unique or outstanding opportunity for
32 enhancement of design, connectivity and other community goals, especially along the US-1
33 corridor.
34
35 Strategy 5.1: Adopt the Tier System that specifies Tier I and Tier III lands and Tier III SPA for purposes
36 of guiding development while retaining species habitat and natural areas for acquisition.
37
38 It should be noted that the Key Largo Livable CommuniKeys Plan includes Action Item 1.3.4, which
39 states in part, ... "Revise the FLUM map to identify Church properties as Institutional on the FLUM
40 map."
41
42 C. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also
43 consider the analyses identified in Chapter 163, Florida Statutes and must find that the amendment is
44 consistent with the principles for guiding development as defined in Section 380.0552, Florida
45 Statutes.
46
47 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
48 principles for guiding development and any amendments to the principles, the principles shall be construed
49 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
50
BOCC March 11,2026 Page 13 of 19
File 2022-163
I (a) Strengthening local government capabilities for managing land use and development so that local
2 government is able to achieve these objectives without continuing the area of critical state concern
3 designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
5 beds, wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
7 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife,
8 and their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
10 development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
12 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
13 ensuring that development is compatible with the unique historic character of the Florida Keys.
14 (g) Protecting the historical heritage of the Florida Keys.
15 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
16 major public investments, including:
17 1. The Florida Keys Aqueduct and water supply facilities;
18 2. Sewage collection, treatment, and disposal facilities;
19 3. Solid waste treatment, collection, and disposal facilities;
20 4. Key West Naval Air Station and other military facilities;
21 5. Transportation facilities;
22 6. Federal parks, wildlife refuges, and marine sanctuaries;
23 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
26 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
27 and replacement of stormwater management facilities; central sewage collection; treatment and
28 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
29 treatment and disposal systems.
30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
31 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
32 as applicable, and by directing growth to areas served by central wastewater treatment facilities
33 through permit allocation systems.
34 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
35 Keys.
36 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
37 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
38 natural or manmade disaster and for a post disaster reconstruction plan.
39 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
40 the Florida Keys as a unique Florida resource.
41
42 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
43 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
44
45 D. In no event shall an amendment be approved which will result in an adverse change in community
46 character to the sub-area which a proposed amendment affects or to any area in accordance with a
47 Livable CommuniKeys master plan pursuant to findings of the BOCC.
48
49 Per the Applicants:
BOCC March 11,2026 Page 14 of 19
File 2022-163
The! Key Largo Master Plan is Intended to work in tandem with the County Comprehensive Plan.
It does not replace the ComprehensWe Plan but rather seeks to, address specific needs of the
local community and identify methods to address those needs.
'The FLIUM serves as a guide for future land uitilizaflon and corn, pliance of land uses with the policies
set forth In the Comprehensive Man. There are instances throughout all areas of unincorporated
Monroe County whiere the land use zoning distrIcts and/or the FL UM do not correspond with current
or proposed land use,. This results in nonconforming uses and structures. On, a site-by-site basis,
nonconformities create d[fficultles in reconciRng ap�proiprjate redevelopment proposals iirn the contex,t of
current land use zoning district and the FLUM.
Objective 101,19
Monroe County shall addressjocal community needs while balancing the needs of all Monroe
County, communities, These effolls shall focus on the human-crafted environment and shao be
under taken though the Uvable CommvniKeYs Ptanning,Program.
es ruse, The proposed reuse lot the ieAsting building is consistent with several of the
consensus goals' idienitified Ibywr the comrnn,jnity as part of the Key Largo CommuniKeys Plan., For
Instance:
a. Land Use and IRedovelopment Goal recornmends, directing fuTtber growth to suitable
land. The reuse of an existing structure, on a developed parcel will not Impact any,
ern Aronmental'Iy ;tern sifive [ands.
b. Community Character GoW suggests preservation and enhancement of community
q,uafllies that help, to define the casual village Iffiestyle of Key,Largo. The existing Ibulidingwith
it's Keys vernacul6r architecture (coral rock and concrete) will be preserved as the exterior of
the structures wIll remain the same. Although it appears to be a non-conforminig ground Ilev l
structure, It is aotually a flood compliant structure built an grade. It is built tin a hurnan scale,
very approachable, very casual, very"Keyslem,,
c. Economic Development suggests that redevelopment is to be encouraged. The
proposed Change of Use is just,that, sustainable redevelopment by reuse.
The request for this FLU change Is consistent with the followinig Policies (aka Action Items)
!identified in the Master Plan. Specifically,
BOCC March 11,2026 Page 15 of 19
File 2022-163
1. Action ftern 13.2; Revise the FLUM and Land, Use District Maps to resolve non-conformities, in!
the planning area where appropriate.
The relocation of the Baptist Church in 2019 negated the need for an Instihitional FLUM
designation. Quite,simply,, the use ino longer,ex sits an the site.
2. Action Item 1.3.3. Revise the FLUIMI and Land Use District Maps to resolve, Conflicts and
Inconsistencies between the FLU M and ILand Use District Maps.,
After the chuurch was mlocatied, the tax�-exempt, non-prof it status,was no longer vW
ld, The taxing
statues of the development on site was changed to, commercial., This creates an inconsistency
between the FLUM and Land Use,designation.
Several consensus goals were identified by the community inpuit provided to the Master Plan as,
a resuilt of a series of public workshops and other outreach processes.
Goal, R., they Largo Community Master Plan
Planning and regulatory programs have not proWded Ibuisinesses with flexibility to enable them
to imaximize their economic,viability when opportunity arises.
Regulations governing the redevelopment and impro", ment of nonconforming uses are
inhexible and provide few options.
As noted above, several of the goals ooincetned land use and redevelopment. It was recognized
that given the limited availabillly of new residentW and /or non-iresiden-flial anti tiemen ts,
redevelopment of existing uses and 4,ufldings was paramount to retaining a stroing economic
future, Reid eineint of uses that support the 'tourist economy should be encouraged. The
opporbinity for redevelopment on this site is significantly limited with the existing INS FLUM and
So Zoning,
2
3 Staff does not anticipate that approval of the proposed amendment of the FLUM would result in an adverse
4 change in community character to the Key Largo sub-area as a whole.
5
6 E. Pursuant to LDC Section 102-158(d)(7)b., the BOCC may consider the adoption of an ordinance
7 enacting the proposed Future Land Use Map amendment based on one or more of the following
8 factors:
9
10 1. Changed Projections (e.g. regarding public service needs)from those on which the text was based;
11 The Applicants state:
Pubilliii,, service needs are deffinei "'the services that the public requires but are! not available
through the private market." Examples of' pubfic serWce needs inolude erne nc ry Ps
�c._r90 , y se ,
tramportation (ie buses), rnall dialliv", library serwices, access to qvality healthcare and access
to, clean drinking, water, etc.
The property was asslgneidl the INS FLUM designationi with the adoption of the Con prehensive
Plan in 1997. At that time. the designatioin was, appropflate as the site was thelocatloin of the
Key Largo, Baptist Chuirth, The 1040iroh had boon localed at this site since the 1970s. In 2019,
the (,`buroh reloicatied tail aniolher site in Key Larg
12 o and the properly was listed -for sale. The
BOCC March 11,2026 Page 16 of 19
File 2022-163
structiaps; remalin on the property, are well maintained and viable for reuse. The appRoarit is
seeking the ability to, use the existing bulldlRg& Regardless of whether there are additional
parcels that woufd allow the same -type of uses as this request would permit,, the issue is that
thie crilt°erija for Institutional uses (alka the Ohurch�,,no 10i exist$,,on the property.
Thereflore, t1he basis for the Institutional FLUM no, longer, exists since tho historic IRstitutional
use, has: rellocated.
2 2. Changed Assumptions (e.g. regarding demographic trends)from those on which the existing boundary
3 was based'-
4 The Applicants state:
Ira 11997, the, site was, assigned an NS FLUM" as the Key Largo Baptist Chijrrh, had ii located
at this addresis sJne the 1070's, The Key Largo Baptist Chuirch moved to a new fauility an Key,
Larga and sold the property In 202"t. The, sale, removed the , the r Ort
institotioriall use, from p opie y
and it Is iunilRely to, be reestablished for a number of reasions - fronn th,le, land cost to, the
decrease in church mimbefshi,ps and the subsequent lack of chutohes,in the real estate, market
s,eeking new, hocafians.
Churches depend on their milarnbers for financiall support and se'rvice to keep operating, they
su canrlot be pported without church memberships. Review of age based traits show a deefine
in church melm'bierships7. The trend in tfiedlechne of church mernbtarships litnits th pr ec�t 0 osp , Iv 0
purchasers afchurchas.
A000rdlng the GaRup Polls, chiurch tnerribership,has exparijenceda,steady d"Onflinie, since 2,000. In
1937,,, church membersi was 73% Oationvide. This rernalined steady for the next six,decades.
A steacfy declibe began around U ie turn of the 21st century. Current data. indicated that
mernblership dropped blei 11% for the first Oirre in 20120. Data related specifically to the Key
Largo plopulatian was unavailable, however, GharaGterlstics of as nationwide 'trend provide the
b t itiformadon for discussion.
TWO malar trends appear,to d6vo thile, drop ini Church rne-mbership, moire adults with no rel[gious
prefeirence and Wing rotes 01church membership among pleople who do have a religion, are
apparent In each of thee generations, over time. Data suggest that chumb mernbership, Is gtrongl'y
correlateldwilith age as :li of this tradRionallvs, adults born before 1946, belong to church,
compared WO 561% of the "Baby Boomers"', 50% of those In Generation X, and 36% of
mIllennIals. As the age gets eKpands, the Wder people wbo flikely go toohuroh, belinig implaced) 6y
these not likely to be In church.
Althoi there are olther types of Institutional uses,* the IN-5 FLU M Was allocated to thlis MCI
because of the speicific loication of a rOgIOUS kiso, the Key 1"Argal Baptist Church, This dynamilic
has changed and the oturtent propiorty owneirs, are not propoi a irefigiious use. They, seek to
rouse existing structures and improvernents ciin, the ,la ropiarty, dun order to, be so, the current FLUM
71'he!damograpilAc trand, based oft''review Of at,J'O gieoeratloTm 49,based on research provIded Gallup In an airticlt
wfitten by Jeffrey M.Jories and entitled'US Church Membership faill. Wow Majority fas Ifie Fitsitfirre
5 published March 29,=21,
must be arnended' to this requosted MU C to provide oonsisteinoy with, the zoning designation
6 that has been in Place since 1973,1 Suburban Covrnmercia.VSU-2,
7
BOCC March 11,2026 Page 17 of 19
File 2022-163
1 3. Data Errors, including errors in mapping, vegetative types and natural features which contributed to the
2 application of the existing boundary;
3 The Applicants state:
t, the time the INS FLt1M was aes[9ned to,this parcel, the action was appropriate as there was
an ss abllishedi insufituitii real use, aka the Church, on the property. This situation hias since
hwamngad With the relocation of the 1wur h.. The site specific eharacter'isties of the property,
4 such aq,vex )ttati n and rather natural features. h0a not han^ng d,
5
6 4. New Issues which arose after the application of the existing boundary;
7 The Applicants state:
'the niew iissue that �a ro aftor the application of thie bioundary is that the Chtiresh relocated to a
now site and soldthe property,,,, h noe negating the need for an institutional designation,
8
9 5. Recognition of a need for additional detail or comprehensiveness;
10 The Applicants state:
Institutional uses refer to the kn%e of band, buildings or structures front the ,'pubilo or rronprof`it
purposes. ; arrmptes of Institutional uses iniclude Government, Education, Healthcare, Religion,
Community dentorsiculAural facilities, roj,,reatlon and p?hilarithropio or charitable usim,
In addition to the, ISMS t°`LUM,, there are seven - dlditlonal F1_UM designations, that provide for
I:ns to l real Uses., Within, theSe Severn FLUMI designations, tbere are ten 7arling districts that
Irnutu ie i,n$titutio nal rinses.
Table 2, Institutional Use by FLUM C s[g;rratio n and lLa;rnd Use Districts
is
FLUM Designation ZorAnU 04strict
Commarcial COMM CarrirnercialI, al
t
Mixed
i 1,t,lrban orr
i����rrrr�wrrr�r�lalV N�RIm?r l�lsa,�nnaurfa n dal
Mixed rir ftwdal Fishing PsWngArea
lindu striamxml t,wWCommefrjal Maritime Industries
lodustriml inr stri l
...... ... __ —
9rns lmrtl n o Spotift Zoolng WsWat
MkMary Mililary Far,Jl isws, _
itesidisnrllat Low SLibutban Residential
Residential Medium, and Residential lAi h;trrwt'nr ed;Subct `lslr w,,U u fl sid rebel
See Note belO ..
I'' ot#: Instlluti rn l Usos OXI'strig prlur to January 4, 1'99 can be replaced with rastri'stirunsw
The Proposed shmange to WICwill not remove and luture opportunity for, an Irns:fiituti nai u a( ),
an this site„ should the desire, r dernand develop„ Tho Ohaogo ^ itli provide time flexibility and
opportunity need'ad for the effective economic reuse of the site,
The current property owners are nint a pUb0c or non-profit enfity, they are Iru atbnasirness peepte.
The site is developed. The e isffnq structures are ill grind repair. The property needs to be P�iut
12 to use., In order to do, so the reouested FLUM change is requirull,
BOCC March 11,2026 Page 18 of 19
File 2022-163
1
2 6. Data updates
3 The Applicants state: Not Applicable.
4
5 V. PROCESS
6
7 Any landowner or other person having a contractual interest in property desiring to petition the BOCC for an
8 amendment to the land use (zoning) district map, overlay district map or FLUM shall be required to file an
9 application with the Planning Director accompanied by a nonrefundable application fee as established from time
10 to time by the BOCC to defray the actual cost of processing the application. After receipt, the Planning Director
11 and his or her staff shall review the proposed amendment and present it with a recommendation of approval or
12 denial to the Development Review Committee for review and comment. Staff shall make a recommendation to
13 the Planning Commission.
14
15 The Planning Commission shall review the application, the reports and recommendations of the Planning and
16 Environmental Resources Department, the comments of the Development Review Committee, and the
17 testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC.
18
19 The BOCC shall consider the reports and recommendations of the Planning Commission, Planning and
20 Environmental Resources Department staff, and the testimony given at the public hearings.
21
22 VI. STAFF RECOMMENDATION
23
24 Staff recommends DENIAL of the proposed FLUM amendment from Institutional (INS) to Mixed
25 Use/Commercial(MC) for the Properties, as proposed, due to the inconsistency with Comprehensive Plan
26 Policy 101.5.26.
27
28 VIL EXHIBIT
29
30 1. Draft BOCC Ordinance
31 2. 11"x 17"FLUM Amendment Map Series
32 3. Transmittal Resolution
BOCC March 11,2026 Page 19 of 19
File 2022-163
1 '
2
5 �
6
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. -2026
10
11 A RESOLUTION APPROVING THE TRANSMITTAL, TO THE
12 STATE LAND PLANNING AGENCY OF AN ORDINANCE
13 APPROVING AMENDMENT TO THE MONROE COUNTY
14 FUTURE LAND USE MAP (FLUM) FROM INSTITUTIONAL (INS)
15 TO MIXED USE/COMMERCIAL (MC) FOR 11 PARCELS OF
16 LAND, DESCRIBED AS LOTS 7 THROUGH 12 AND LOTS 40
17 THROUGH 46, BLOCK 14, LAKE SURPRISE ESTATES
18 SUBDIVISION, KEY LARGO, FLORIDA, CURRENTLY HAVING
19 PARCEL IDENTIFICATION NUMBERS 00537590-000000,
20 00537600-000000, 00537610-000000, 00537620-000000, 00537630-
21 000000, 00537640-000000, 00537980-000000, 00537960-000000,
22 00537940-000000, 00537930-000000, AND 00537920-000000, AS
23 SOUGHT BY THE DOHERTY ROBERT M. REV. TRUST
24 02/03/2021 AND THE DOHERTY YVETTE REV. TRUST 02/03/2021;
25 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
26 OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
28 AND THE SECRETARY OF STATE; PROVIDING FOR
29 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
31 MAP; PROVIDING FOR AN EFFECTIVE DATE.'
32
33
34 WHEREAS, the Monroe County Board of County Commissioners (`BOCC", "Board",
35 "Monroe County", or the "County") conducted a public hearing for the purposing of considering
36 the transmittal pursuant to the State Coordinated Review Process in Section 163.3184(4), Florida
37 Statutes, to the State Land Planning Agency for objections, recommendations and comments, and
38 to the other State reviewing agencies as provided by Section 163.3184(1)(c), Florida Statutes, for
39 review and comment on a proposed amendment to the Monroe County Comprehensive Plan as
40 described above; and
41
42 WHEREAS, on November 19, 2025, the Chair of the Monroe County Development
43 Review Committee ("DRC") signed Development Review Committee ("DRC") Resolution No.
44 DRC 163-2025 recommending that the Monroe County Planning Commission and Monroe County
45 Board of County Commissioners DENY this amendment to the Monroe County Comprehensive
46 Plan sought by the above-referenced applicants; and
47
Monroe County Planning and Environmental Resources Department Fite No. 2022-163.
1 of 3
I WHEREAS, on February 17, 2026, the Monroe County Planning Commission likewise
2 issued Planning Commission Resolution No. P 01-26 recommending that the Monroe County
3 Board of County Commissioners DENY this amendment to the Monroe County Comprehensive
4 Plan sought by the above-referenced applicants; and
5
6 WHEREAS, the Monroe County Planning and Environmental Resources Department's
7 professional staff report dated February 9, 2026, prepared for the Monroe County BOCC's public
8 hearing noticed for March 11, 2026, prepared and completed by Monroe County Planning and
9 Environmental Resources Department Senior Director Devin Tolpin, A.LC.P.,2 C.F.M.,' and
10 Department Senior Planner Liz Lustberg, A.LC.P., C.F.M., recommends that the Monroe County
11 BOCC DENY this proposed amendment to the Monroe County Comprehensive Plan sought by
12 the above-referenced applicants; and
13
14 WHEREAS,following a duly noticed public hearing held on March 11, 2026,the Monroe
15 County Board of County Commissioners approves the transmittal of this requested amendment to
16 the Monroe County Comprehensive Plan Future Land Use Map ("FLUM") amendment requested
17 by the above-referenced applicants;
18
19 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY, FLORDA:
21
22 Section 1. Recitals. The foregoing recitals and determinations, including but not limited this
23 Resolution's title,are true and correct, and are hereby incorporated as if fully stated
24 herein.
25
26 Section 2. The above Monroe County Planning and Environmental Resources Department
27 professional staff report completed by Monroe County Planning and Environmental
28 Resources Department Senior Director Devin Tolpin, A.LC.P., C.F.M., and
29 Department Senior Planner Liz Lustberg, A.I.C.P., C.F.M., is hereby incorporated
30 as if fully stated herein and their analysis and determinations of fact and law to the
31 extent not plainly inconsistent with this Resolution and the attached ordinance are
32 hereby accepted and adopted as if fully stated herein.
33
34 Section 3. The Monroe County BOCC hereby approves this Resolution approving transmittal
35 of the attached ordinance amending the Monroe County Comprehensive Plan,
36 attached as Exhibit 1. hereto and which is hereby incorporated as if fully stated
37 herein, for review of the requested FLUM amendment. The BOCC hereby transmits
38 the requested Comprehensive Plan amendment to the State Land Planning Agency
39 for review and comment in accordance with the State Coordinated Review process
40 pursuant to Section 163.3184(4), Florida Statutes.
41
42 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
43 ambiguities, within this Resolution or between this Resolution and the attached
44 ordinance or between this Resolution and the Monroe County Code of Ordinances,
45 Florida Building Code, Florida Statutes, Florida Administrative Code, Monroe
46 County Land Development Code, Monroe County Comprehensive Plan, or any
47 other approval of the Monroe County Board of County Commissioners, Monroe
American Tnstitute of Certified Planners(A.T.C.P.)—Certified.
s Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
2 of 3
I County Planning Commission, Monroe County Development Review Committee,
2 Monroe County Planning & Environmental Resources Department, Monroe
3 County Building Department, Monroe County Floodplain Management Office, or
4 other department or office of Monroe County, the more restrictive rule, regulation,
5 law,provision, interpretation, and text shall always apply.
6
7 Section 5. Monroe County professional staff are given authority to prepare and submit the
8 required transmittal letter and supporting documents for the proposed amendment
9 in accordance with the requirements of Section 163.3184(4), Florida Statutes.
10
11 Section 6. The Clerk of the Board is hereby directed to forward a certified copy of this
12 Resolution to the Director of Planning.
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15 Florida, at a regular public meeting held on this 111h day of March, 2026.
16
17 Mayor Michelle Lincoln, District 2
18 Mayor Pro Tem David Rice, District 4
19 Commissioner Craig Cates, District 1
20 Commissioner James K. Scholl, District 3
21 Commissioner Holly Merrill Raschein, District 5
22
23 BOARD OF COUNTY COMMISSIONERS
24 OF MONROE COUNTY, FLORIDA
25
26 By:
27 Mayor Michelle Lincoln
28
29 (SEAL)
30
31
32 ATTEST: KEVIN MADOK, CLERK
33
34
35 AS DEPUTY CLERK
3 of 3
MONROE COUNTY ATTORNEY
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EXHIBIT 1 TO RES. NO. -2026
2
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6
7
8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. - 2026
11
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE
15 LAND USE MAP FROM INSTITUTIONAL (INS) TO MIXED
16 USE/COMMERCIAL(MC),FOR 11 PARCELS OF LAND,DESCRIBED AS
17 LOTS 7 THROUGH 12 AND LOTS 40 THROUGH 46, BLOCK 14, LAKE
18 SUPPRISE ESTATES SUBDIVISION, KEY LARGO, FLORIDA, HAVING
19 PARCEL IDENTIFICATION NUMBERS 00537590-000000, 00537600-
20 000000, 00537610-000000, 00537620-000000, 00537630-000000, 00537640-
21 000000, 00537980-000000, 00537960-000000, 00537940-000000, 00537930-
22 000000,AND 00537920-000000;AS PROPOSED BY DOHERTY ROBERT M
23 REV TRUST 02/03/2021 AND DOHERTY YVETTE REV TRUST 02/03/2021;
24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
25 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
26 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
27 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
28 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE
29 LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-
30 163)
31
32
33
34 WHEREAS, on April 29, 2025, the Planning and Environmental Resources Department
35 received an amended request from Barbara Mitchell of Mitchell Planning & Design Inc. (the
36 "Agent"), on behalf of Doherty Robert M Rev Trust 02/03/2021 and Doherty Yvette Rev Trust
37 02/03/2021 (the "Applicants"), to amend the Monroe County Future Land Use Map (FLUM)
38 designation from Institutional (INS) to Mixed Use/Commercial (MC) for 11 parcels of land
39 described as Lots 7 through 12 and Lots 40 through 46, Block 14, Lake Surprise Estates
40 Subdivision (the "Property") currently having Parcel Identification Numbers 00537590-000000,
41 00537600-000000, 00537610-000000, 00537620-000000, 00537630-000000, 00537640-000000,
42 00537980-000000, 00537960-000000, 00537940-000000, 00537930-000000, and 00537920-
43 000000; and
44
45 WHEREAS, on January 11, 2023, May 10, 2023, and October 16, 2025, the Applicants
46 held community meetings, as required by Monroe County Land Development Code ("LDC" or
Ord. No. - 2026
File 2022-163 Page 1 of 4
1 "Code")Section 102-159(a)to discuss the proposed Future Land Use Map amendment and provide
2 for public participation; and
3
4 WHEREAS, the Monroe County Development Review Committee (DRC) considered the
5 proposed amendment at a regularly scheduled meeting held on November 18, 2025; and
6
7 WHEREAS, on November 19, 2025, the Chair of the DRC signed Resolution No. 23-25,
8 which did not recommend approval of the amendment as proposed due to the inconsistency with
9 Comprehensive Plan Policy 101.5.26; and
10
11 WHEREAS, the Monroe County Planning Commission held a public hearing on January
12 29, 2026, for review and recommendation on the proposed FLUM amendment; and
13
14 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 1-26
15 recommending to the Monroe County Board of County Commissioners denial of the proposed map
16 amendment; and
17
18 WHEREAS, at a regular meeting held on the day of the
19 Monroe County Board of County Commissioners held a public hearing to consider the transmittal
20 of the proposed FLUM amendment, considered the staff report and provided for public comment
21 and public participation in accordance with the requirements of state law and the procedures
22 adopted for public participation in the planning process; and
23
24 WHEREAS, at a regular meeting held on the day of the
25 Monroe County Board of County Commissioners adopted resolution , authorizing
26 the transmittal of the proposed amendment to the state Land Planning Agency for review and
27 comment in accordance with the State Coordinated Review process pursuant to Section
28 163.3184)4), Florida Statutes.
29
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
3 t Objections, Recommendations and Comments (ORC)report on received by the County
32 on ; and
33
34 WHEREAS, the ORC report <did/did not> identify any objections, or comments to the
35 proposed amendment; and
36
37 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
38 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
39
40 WHEREAS, at a regularly scheduled meeting on the day of , the
41 BOCC held a public hearing to consider adoption of the proposed Future Land Use Map
42 amendment;
43
44 WHEREAS, the BOCC made the following findings of fact and conclusions of law:
Ord. No. - 2026
File 2022-163 Page 2 of 4
1 1. The proposed FLUM is not anticipated to adversely impact the community character
2 of the surrounding area;
3 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
4 adopted Level of Service (LOS);
5 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
6 Monroe County Year 2030 Comprehensive Plan; and
7 4. The proposed amendment is consistent with the Principles for Guiding Development
8 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
9 5. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and
10 6. The proposed amendment will not result in an adverse change in community character
11 to the sub-area which a proposed amendment affects or to any area in accordance with
12 the Key Largo Livable Communikeys Master Plan pursuant to findings of the BOCC.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
15 COUNTY COMMISSIONERS:
16
17 Section 1.The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended
18 as follows:
19
20 The property located at Vacant Land and 827, 829,and 835 Largo Road,Key Largo,
21 (the"Property")currently having Parcel Identification Numbers 00537590-000000,
22 00537600-000000, 00537610-000000, 00537620-000000, 00537630-000000,
23 00537640-000000, 00537980-000000, 00537960-000000, 00537940-000000,
24 00537930-000000, and 00537920-000000; is changed from Institutional (INS) to
25 Mixed Use/Commercial (MC) as shown on Exhibit A, attached hereto and
26 incorporated herein.
27
28 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of
29 this ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity.
30
31 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
32 with this ordinance are hereby repealed to the extent of said conflict.
33
34 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
35 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
36
37 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the secretary
38 of the State of Florida but shall not become effective until a notice is issued by the State Land
39 Planning Agency or Administration Commission finding the amendment in compliance, and if
40 challenged, until such challenge is resolved pursuant to Chapter 120, Florida Statutes.
41
42 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
43 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
44 Map.
Ord. No. - 2026
File 2022-163 Page 3 of 4
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of ,
3
4 Mayor Michelle Lincoln, District 2
5 Mayor Pro Tem David Rice, District 4
6 Commissioner Craig Cates, District 1
7 Commissioner James K. Scholl, District 3
8 Commissioner Holly Merrill Raschein, District 5
9
10
11 BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
13
14 BY
15 MAYOR MICHELLE LINCOLN
16
17 (SEAL)
18
19 ATTEST: KEVIN MADOK, CLERK
20
21
22 AS DEPUTY CLERK
Ord. No. - 2026
File 2022-163 Page 4 of 4
SUMMERLAND RD
FLUM
INS to MC
BIG PINE RD
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BAHIA HONDA RD O
Property ID Number(s):
.. 00537620-000000:00137:60-000000, �h
00537630-000000 0053740-000000, 03
00537610-000000:00137:30-000000, U
- 00537940-000000 0053700-000000,
00537:20-000000,00537980-000000,
0053790-00000000
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Key Largo
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Exhibit A to Ordinance # - 2026
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Property ID Number(s):
00537620-000000,00537960-000000,
00537630-000000,00537640-000000,
00537610-000000,00537930-000000,
00537940-000000,00537600-000000, 03o'
00537920-000000,00537980-000000,
00537590-000000
The Monroe County Future Land Use District is amended
as indicated above.
Future Land Use change of eleven parcels of land in Key Largo from Institutional
0 (INS) to Mixed Use/Commercial (MC). N
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Date:9/12/2025
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