Special Board of County Commissioners Meeting

AGENDA MONROE COUNTY SPECIAL BOARD OF COUNTY COMMISSIONERS MEETING February 15, 2024 10:00 AM A. ADDITIONS, CORRECTIONS, AND DELETIONS The Board will convene at the Murray E. Nelson Government Center 102050 Overseas Hwy, Key Largo The meeting is open to the public. Members of the public can also attend will be via Communications Media Technology at: Zoom webinar: https://mcbocc.zoom.us/j/89204098700 To report problems with the broadcast or Zoom webinar, please call (305) 872-8831. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Live Closed Captioning is available via the MCTV portal @ https://cloud.castus.tv/vod/monroe/video/60832c9dcf67bb7ac0c21791?page=HOME&type=live for meetings of the Monroe County Board of County Commissioners. A person may submit written comments or other physical evidence on a particular agenda item for consideration at the BOCC meeting via email to Lindsey Ballard @ ballard-lindsey@monroecounty- fl.gov County Administrator's Office, no later than 3:00 P.M. on the Monday prior to the meeting. The email must include the submitter's name, address, phone number and email address and the agenda item number the documents/comments are regarding. Any intellectual property submitted must include the appropriate authorization for use. Any person who wishes to be heard shall, prior to an item being called, provide the Clerk with his/her name and residence, and the agenda item on which he or she wishes to be heard. An individual has three minutes to address the Commission. However, the first person representing an organization has five minutes to address the Commission. Subsequent speakers for the same organization have three minutes to address the Commission. For land use items, the petitioner and, if the owner is different than the petitioner, then the owner of the property that is the subject of the land use item, will be allowed 20 minutes to address the Commission. Other people are allowed five minutes to address the Commission. Speakers appearing remotely via communications media technology may speak under the same time constraints as those speakers appearing live before the Commission. Remote speakers need not fill in a speaker card before speaking but must identify themselves and their addresses at the beginning of their remarks. Failure to do so may result in early termination of their speaking privileges for that item. For additional assistance, please call (305) 292-4441 or email your inquiry to: ballard- lindsey@monroecounty-fl.gov. Please note that all time approximate items are listed in bold. CALL TO ORDER SALUTE TO FLAG 1 1

A1. Approval of agenda. B. PUBLIC HEARINGS B1. An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith/Hawks PL on behalf of Cemex Construction Materials Florida, LLC. 2 2

BULK ITEM: No DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 A1 Special Board of County Commissioners Meeting Meeting February 15, 2024 Agenda Item Number: A1 2023-2098 AGENDA ITEM WORDING: Approval of agenda. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: DOCUMENTATION: FINANCIAL IMPACT: 3

BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 B1 Special Board of County Commissioners Meeting Meeting February 15, 2024 Agenda Item Number: B1 2023-1073 AGENDA ITEM WORDING: An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith/Hawks PL on behalf of Cemex Construction Materials Florida, LLC. ITEM BACKGROUND: On March 23, 2022, the Planning and Environmental Resources Department received an application from Smith/Hawks, PL (the “Agent”) on behalf of Singletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC (the “Property Owners” and “Applicants”) and The Vestcor Companies, Inc. and Blackstone Group – Tavernier 925, LLC (the “Developers”) to amend the Monroe County Land Development Code. The initial application and proposed text would establish the Tavernier Key Commercial Overlay District to allow for a nonresidential ROGO (NROGO) allocation of up to 70,000 square feet on property located at 92501 Overseas Highway, Key Largo, with parcel identification numbers 00490250-000000 and 00089490-000000 (the “Property”). The Applicants have submitted multiple amended and restated applications and revisions to the proposed text since the initial submittal. The current amended and restated application (the “Application”) was received via email on November 20, 2023. The proposed text was most recently revised and resubmitted to the Planning Department [via email] on January 19, 2024. The amended text as it is currently proposed would establish the Tavernier Commercial Overlay (“TCO”) District (the “Overlay”) and allow for an NROGO allocation of up to 49,900 square feet, which could allow for the development of a 49,900 SF commercial supermarket, including a liquor store, on the Property. Please see attached Staff Report for item background, proposed amendment 4

language, and analysis. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: The Monroe County Planning and Environmental Resources Department's professional staff recommends that the BOCC CONTINUE the Applicant's request to amend the Land Development Code ("LDC") establishing Section 130-143, the Tavernier Commercial Overlay District, until such a time that all current requests to amend the Comprehensive Plan, Land Development Code, Future Land Use Map and Land Use District Map, and the proposed Development Agreement, are processed and prepared to be heard at the same BOCC Hearing to ensure consistency of all concurrently proposed amendments relative to this Property. In the event that the BOCC elects to vote on this item at the February 15, 2024, public hearing, the Planning & Environmental Resources Department's professional staff recommends DENIAL of the proposed amendment to the Land Development Code establishing Section 130-143. DOCUMENTATION: BOCC SR2.pdf Exhibit 1 PC Resolution.pdf Exhibit 2 PC Resolution.pdf Proposed Revised Langauge Cemex LDC Overlay.pdf Exhibit 4 Draft Ordinance.pdf FINANCIAL IMPACT: N/A 5

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