In Islamorada, we see frequent zoning change requests geared to maximize the applicant’s profitability. Is there is too little regard for the vision of the community, the Comp Plan, environmental impact, stressed infrastructure, effect on neighbors and the Village as a whole?

There is a perfect illustration on the Dec 9 agenda.  

The Islamorada Tennis Club: At MM76.8 on Lower Matecumbe, there was once a private tennis club nestled into one of the Village’s most important high-quality tropical hammocks. It came to be in 1993, a few years before the Village incorporated. Pretty shocking that the County allowed a large swath of high-quality hammock to be cleared. Perhaps it was the low impact and the lack of recreational uses on Lower Matecumbe that allowed the clearing of so many native trees.  

When Islamorada approved their FLUM and zoning maps, the property was classified as Residential Conservation/Native Residential as was an entire stretch of high-quality hammock to the north, the south and to the west.

The purpose of the native residential (NR) zoning district is “to provide the highest degree of protection for large residential tracts supporting or having the potential for restoration of high and moderate quality hammock, wetlands, beach or berm, to ensure the perpetuation of species reliant upon native habitat.”

The Village apparently considered the tennis club a legally non-conforming use and thus it could legally continue.  The current owner bought in 2017 with those map classifications and the legal tennis club in operation. But he closed the tennis club and by doing so gave up the right to the non-conforming use.  

Now the owner thinks the Village should provide a zoning change - to allow him to gain a legal use of the property. But not just restore the low impact recreational use as a tennis facility.

Several months ago, the Village agreed to his requested change to Mixed Use/Highway Commercial, on first reading.

On Dec 9, the issue is on the agenda for second reading, without changes requested by the State of Florida.  

Florida Department of Commerce doesn’t agree with the zoning change, siting numerous concerns: no data supporting the need, conflicts with village comp plan policies.  They also suggested a possible less intense classification - Recreational zoning so the original tennis use would be legal.

The state has rarely objected to map changes in recent years, apparently preferring to allow local governments to judge the appropriateness within their communities.

The Village Planning staff recommends denial of the requested map changes.  

Now the test… will the Council pay attention to the state and their own planners? Will they consider the potential impact of this on a very special environment.  Or will they think it is more important to consider the financial impact on the property owner and ignore the local and state regulations.

This wouldn’t be the first time the Council has decided on financial benefit to the property owner over environmental impact and neighborhood character.

Zoning is meant to protect a community, the environment, and overall quality of life, not the finances of an individual property owner. Especially a property owner who created his own problem.