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Commissioners table Key Largo land‑use amendment after staff flags density and legal risk
Summary
A Key Largo application to change 11 parcels from institutional to mixed‑use commercial was discussed and then tabled to the June meeting after staff cited county 'discouragement' policy concerns and county counsel warned of state review exposure; applicants proposed a restrictive covenant limiting residential units but staff said the FLUM process does not permit conditional deed restrictions on transmittal.
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An application to amend the Monroe County future land‑use map from institutional to mixed‑use commercial for 11 parcels in Key Largo generated a lengthy exchange March 11 that included the applicant, realtors and county staff, then ended with the commission tabling the item to allow staff to consult with the state planning agency and to give the applicant time to refine the approach.
Planning staff told commissioners the proposed amendment would increase allocated residential density and therefore is inconsistent with county policy (staff cited the "discouragement" policy referenced in the staff report as "policy 1 0 1.5 0.26"). The applicant and supporters argued there is unmet demand for small industrial/lease space in the Upper Keys and proposed a recorded restrictive covenant limiting the property to existing dwelling units. Applicant counsel Bart Smith said the covenant would "restrict the density" and thereby avoid an increase; Smith asked the board to transmit the ordinance conditionally or to support a commission‑initiated application that would proceed differently.
County counsel and staff warned that transmittal of a comprehensive‑plan amendment that conflicts with the county plan can create legal exposure and potential fee shifting under recent state statute changes. After discussion, the board voted to table the item until the June 10 meeting in Key Largo to consult with the state review agency and to provide greater certainty for both the applicant and the county.
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