Item R2 R2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
January 31, 2024
Agenda Item Number: R2
2023-1955
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
an Ordinance to the State Land Planning Agency Amending the Monroe County Future Land Use Map
("FLUM") from Residential High("RH") to Mixed Use/Commercial("MC") for Two Parcels of Land,
More Particularly Described as Lots 3 and 4, Waters Edge, Plat Book 1 Page 184, Official Records of
Monroe County, Florida, Located on Maloney Avenue, Stock Island, Currently Bearing Property
Identification Numbers 00132370-000000 and 00132380-000000, as Proposed by Monroe County.
ITEM BACKGROUND:
The Monroe County Board of County Commissioners ("BOCC") is proposing to amend the Monroe
County Future Land Use Map ("FLUM") from Residential High ("RH") to Mixed Use/Commercial
("MC") for two (2) parcels of land located on Maloney Avenue, Stock Island, Lots 3 and 4, Waters
Edge, Plat Book 1 Page 184, Official Records of Monroe County, Florida, currently bearing Property
Identification Numbers 00132370-000000 and 00132380-000000 (the "Property" or the "subject
property").
*PLEASE SEE STAFF REPORT FOR FULL ANALYSIS*
PREVIOUS RELEVANT BOCC ACTION:
November 12, 2021 - The Monroe County BOCC acquired the subject property.
June 21, 2023 - Monroe County BOCC approval of a contract with Geosyntec Consultants, Inc., d/b/a
Applied Technology & Management ("Geosyntec"), to perform Mooring Field Design& Permitting
Services in Monroe County.
INSURANCE REQUIRED:
No
4636
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2023-124—Ordinance—DRAFT.docx
FLUM—Ordinance_Map_MC—Stock—Island.pdf
2023-124 BOCC SR draft.doc
2023-124—Transmittal—Reso.pdf
FINANCIAL IMPACT:
N/A
4637
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. _ -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS AMENDING THE MONROE
12 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH
13 (RH) TO MIXED USE COMMERCIAL (MC), FOR PROPERTY
14 LOCATED AT 6633 MALONEY AVE. AND VACANT, MALONEY
15 AVE,STOCK ISLAND,MILE MARKER 5,LEGALLY DESCRIBED
16 AS LOTS 3 AND 4 WATERS EDGE, ACCORDING TO THE MAP
17 OR PLAT THEREOF,AS RECORDED IN PLAT,BOOK 1 PAGE 84,
18 MONROE COUNTY, FLORIDA, HAVING PARCEL
19 IDENTIFICATION NUMBERS 00132370-000000 AND 00132380-
20 000000;AS PROPOSED BY MONROE COUNTY;PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
23 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE
25 MAP; PROVIDING FOR AN EFFECTIVE DATE (FILE 2023-124)
26
27
28
29 WHEREAS,the Monroe County Board of County Commissioners("BOCC")is proposing
30 to amend the Monroe County Future Land Use Map(FLUM)from Residential High(RH)to Mixed
31 Use/ Commercial (MC) for two (2),lots adjacent to Boca Chica Harbor currently assessed under
32 Parcel Identification Numbers 00132370-000000 and 00132380-000000 (the "Property"); and
33
34 WHEREAS,the Applicant has also requested a corresponding Land Use District(Zoning)
35 map amendment for the Property from Urban Residential Mobile Home (URM) to Suburban
36 Commercial (SC); and
37
38 WHEREAS, on July 18, 2023, the Applicant held a community meeting, as required by
39 LDC Sections 102-158(a) and 102-159(b),to discuss the proposed Future Land Use Map (FLUM)
40 amendment, and corresponding Land Use District (Zoning) Map amendment, and provide for
41 public participation; and
42
43 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
44 proposed amendments at a regularly scheduled meeting held on the 22rd day of August 2023; and
45
46
Ordinance -20
File 2023-124 Page 1 of 3
4638
I WHEREAS, at a regularly scheduled meeting held on September 27, 2023, the Monroe
2 County Planning Commission held a public hearing for the purpose of considering the proposed
3 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan,
4 as well as the corresponding proposed Zoning map amendment for the site, and provided for public
5 comment; and
6
7 WHEREAS, the Monroe County Planning Commission adopted a resolution
8 recommending to the BOCC approval of the proposed amendment; and
9
10 WHEREAS, at a regular meeting held on the 31" day of January, 2024, the Monroe
11 County Board of County Commissioners held a public hearing toconsider transmittal of the
12 proposed FLUM amendment, considered the staff report and provided for public comment and
13 public participation in accordance with the requirements of state law and the procedures adopted
14 for public participation in the planning process; and
15
16 WHEREAS, at the January 31, 2024, public hearing, the BOCC adopted.Resolution No.
17 -2023, transmitting the amendment to the State Land Planning Agency; and
18
19 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
20 received its Objections, Recommendations and Comments (ORC)report on day of
21 20 ; and
22
23 WHEREAS, the ORC report<<did/did not identify any objections, or comments to the
24 proposed amendment>>; and
25
26 WHEREAS, at a regularly scheduled meeting on the day of 20
27 the BOCC held a public hearing to consider adoption of the proposed FLUM amendment;
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
30 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
31
32 Section I. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is
33 amended as follows:
34
35 The property located at 6633 Maloney Ave. and Vacant, Maloney Ave, Stock
36 Island,Mile Marker 5, Legally Described as Lots 3 And 4 Waters Edge, according
37 to the Map Or Plat Thereof, as recorded in Plat Book 1 Page 84, Monroe County,
38 Florida, having Parcel Identification Numbers 00132370-000000 and 00132380-
39 000000'is changed from Residential High (RH) to Mixed Use /Commercial (MC)
40 as shown on Exhibit 1, attached hereto and incorporated herein.
41
42 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
43 provision of this ordinance is held invalid,the remainder of this ordinance shall not
44 be affected by such validity.
45
Ordinance -20
File 2023-124 Page 2 of 3
4639
I Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
2 conflict with this ordinance are hereby repealed to the extent of said conflict.
3
4 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
5 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
6
7 Section 4. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
8 secretary of the State of Florida but shall not become effective until a notice is
9 issued by the State Land Planning Agency or Administration Commission finding
10 the amendment in compliance, and if challenged, until such challenge is resolved
11 pursuant to Chapter 120, Florida Statutes.
12
13 Section 5. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
14 incorporated in the Monroe County Comprehensive Plan and included on the Future
15 Land Use Map.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on the day of
19
20 Mayor Holly Raschein
21 Mayor Pro Tem James K. Scholl
22 Commissioner Michelle Lincoln
23 Commissioner Craig Cates
24 Commissioner David Rice
25
26
27
28
29
30 BOARD OF COUNTY COMMISSIONERS
31 OF MONROE COUNTY, FLORIDA
32
33 BY
34 Mayor Holly Raschein
35 (SEAL)
36
37 ATTEST: KEVIN MADOK, CLERK
38
39
40 AS DEPUTY CLERK
Ordinance -20
File 2023-124 Page 3 of 3
4640
Exhibit 1 to Ordinance# -2024
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The Monroe County Future Land Use Map is amended
as indicated above.
Future Land Use Map change of two(2) parcels of land in Stock Island having parcel identification numbers 00132370-000000
and 00132380-000000 from Residential High(RH)to Mixed Use Commercial(MC). N
4641
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3 r�
5
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2024
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS APPROVING TRANSMITTAL OF
15 AN ORDINANCE TO THE STATE LAND PLANNING AGENCY
16 AMENDING THE MONROE COUNTY FUTURE LAND USE MAP
17 ("FLUM") FROM RESIDENTIAL HIGH ("RH") TO MIXED
18 USE/COMMERCIAL ("MC"), FOR PROPERTY LOCATED AT
19 6633 MALONEY AVE. AND VACANT LAND, MALONEY AVE.,
20 STOCK ISLAND, MILE MARKER 5, LEGALLY DESCRIBED AS
21 LOTS 3 AND 4 WATERS EDGE, ACCORDING TO THE MAP OR
22 PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 PAGE 84,
23 OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA,
24 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS
25 00132370-000000 AND 00132380-000000; AS PROPOSED BY
26 MONROE COUNTY; PROVIDING FOR SEVERABILITY;
27 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
28 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
29 PLANNING AGENCY AND THE SECRETARY OF STATE;
30 PROVIDING 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 ("Monroe County",the
35 "County", "Board", or "BOCC") conducted a public hearing for the purpose of considering the
36 transmittal pursuant to the State Coordinated Review Process in Florida Statutes Section
37 163.3184(4),to the State Land Planning Agency for objections, recommendations and comments,
38 and to the other reviewing agencies as defined in Florida Statutes Section 163.3184(1)(c), for
39 review and comment on a proposed amendment to the Monroe County Comprehensive Plan as
40 described above; and
41
42 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of
43 County Commissioners support the transmittal of the requested Future Land Use Map amendment;
44
45 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Resolution -2024 Page 1 of 3
BOCC Transmittal:File 2023-124
4642
47 Section 1. Recitals and Legislative Intent. The foregoing title, recitals, findings of fact,
48 conclusions of law, and statements of legislative purpose and legislative intent are
49 true and correct and are hereby incorporated as if fully stated herein.
50
51 Section 2. The Board of County Commissioners does hereby adopt the recommendation of the
52 Planning Commission to transmit the draft ordinance, attached as Exhibit A., for
53 review of the proposed Future Land Use Map ("FLUM") amendment.
54
55 Section 3. The Board of County Commissioners does hereby transmit the proposed
56 amendment to the State Land Planning Agency for review and comment in
57 accordance with the State Coordinated Review process pursuant to Florida Statutes
58 Section 163.3184(4).
59
60 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
61 any provision of this Resolution, or any portion thereof, is held to be invalid or
62 unenforceable in or by any administrative hearing officer or court of competent
63 jurisdiction, the invalidity or unenforceability of such provision, or any portion
64 thereof, shall neither limit nor impair the operation, enforceability, or validity of
65 any other provision of this Resolution, or any remaining portion(s) thereof. All
66 other provisions of this Resolution, and remaining portion(s)thereof, shall continue
67 unimpaired in full force and effect.
68
69 Section 5. Conflicting Provisions. All resolutions or parts of resolutions in conflict with this
70 resolution are hereby repealed to the extent of said conflict. The repeal of an
71 resolution herein shall not repeal the repealing clause of such resolution or revive
72 any resolution which has been repealed thereby.
73
74 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
75 used herein, are inserted for convenience only and are not intended to descriptively
76 limit the scope and intent of the particular paragraph or text to which they refer.
77
78 Section 7. The professional staff of the BOCC are given authority to prepare and submit the
79 required transmittal letter and supporting documents for the proposed amendment
80 in accordance with the requirements of Florida Statutes Section 163.3184(4).
81
82 Section 8. The Clerk of the Board is hereby directed to forward a certified copy of this
83 resolution to the Director of Planning.
84
85 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
86 Florida, at a regular meeting held on the 3 1" day of January, 2024.
87
88 Mayor Holly Merrill Raschein
89 Mayor Pro Tem James K. Scholl
90 Commissioner Michelle Lincoln
91 Commissioner Craig Cates
92 Commissioner David Rice
Resolution -2024 Page 2 of 3
BOCC Transmittal:File 2023-124
4643
93 BOARD OF COUNTY COMMISSIONERS
94 OF MONROE COUNTY, FLORIDA
95
96 BY:
97 Mayor Holly Merrill Raschein
98 (SEAL)
O FORM
100 ATTEST: KEVIN MADOK CLERKP T
101
102 PETER RI a
ASSISTANT COUNTY ATTORNEY
103 AS DEPUTY CLERK Date: —J
Resolution -2024 Page 3 of 3
BOCC Transmittal:File 2023-124
4644
FLUMAmendment
Transmittal Hearing
Applicant:
Commissioners :Monroe County
Monroe County Board of County
Agenda Item R2
Senior Director of Planning & Environmental
Long-term Issues
• Seagrass
damage
• Inappropriate
ground tackle J
• Marine debris �b
A,
• Solid waste »
management
h
• Inappropriate
s h o res i d e access ,, /,, ��,,,
• Reduces access
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for other users
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Boca Chica Mooring Field
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Shoreside FacilityDesig n Elements
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliimimmiiiiiiiiiiiiiiiI UUM
• Dockmaster's office
• Dockmaster's apartment
• Tenant restroom/shower facility
• Tenant laundry facility
• Solid waste/recycling
• Dinghy dockage = dock + mooring area cannot exceed 25
of waterway width
• Sewage off load ing/collectionpump station
AnchoringLimitation Area in Monroe County: ,
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliimimmiiiiiiiiiiiiiilI
(327e4108 FS)
➢ 90-day anchoring time limit in Monroe County if vessel is within 10linear nautical
miles of a public mooring field or designated anchoring area
- Vessel must pull anchor and be moved from its location using the vessel's propulsion system and
be re-anchored in a new location. The new location must be:
- No less than one-half linear nautical mile from the vessel's starting location OR
in a different designated anchoring area.
- A vessel may not be re-anchored in its originating location for at least 90 days
after relocating.
➢ Does not apply to vessels on permitted moorings
➢ Not effective until 100 new moorings within 1 mile of Key West Bight
➢ Penalty = non-criminal infraction ($50->$100->$250)
- After Yd violation in 12 months = vessel is a `public nuisance' and can be
removed/destroyed
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Transmittal Heari n �,,.�,
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Monroe County ®r
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Agenda Item R2
Senior Director of Planning
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Process
■ Community Meeting
■ July18, 2023.
■ Development Review Committee
■ August 22, 2023
■ Planning Commission
■ September 27, 2023
■ Board of County Commissioners (BOCC)
■ January 31 , 2024. Transmittal hearing.
■ Tentatively May 15, 2024. Adoption hearing (along with LUD adoption hearing).
■
Subject Property
rc
'f µ Location: 6633
Maloney Ave. Stock
` 40 Island
Parcel I D
Numbers (2
y
Parcels)
� 00132370-000000
and
f 00132380-000000
Property is located
,
within the Stock
' Island Livable
corT munikeys
area.
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FLU M amendment —
// to a application
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Z —
Zoning amendment—
companion
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Maximum Allocated Density and Intensity by Future Land Use Map
Designation Comprehensive Plan Policy 101 .5.25
Paired with the Existing and Proposed Zoning Categories URM and SC.
Maximum
Existing FLUM Type Adopted Standards Development
Potential
Residential 1 du/lot 2 du
Allocated Density
Residential High (RH)
Paired with URM TDR/Market Rate
Zoning Residential Max. Net 0 0
Density
Total Upland Area:
0.506 acres Affordable Residential 0 0
(22 061.51 sf) Max. Net Density
2 platted lots
Transient 5 rooms/spaces/gross 2.53
0.4048 buildable acres Allocated Density acre rooms/spaces
Transient 7 rooms/spaces/ 2.83
Max. Net Density buildable acre rooms/spaces
Nonresidential 0 0
Uses (sf)
Maximum Allocated Density and Intensity by Future Land Use Map
Designation Comprehensive Plan Policy 101 .5.25
Paired with the Existing and Proposed Zoning Categories URM and SC.
Maximum
ProposedFLUM Type Adopted Standards Development
Potential
Residential 3 du/gross acre 1.52 du
Allocated Density
TDR/Market Rate 6 du/buildable acre
Residential Max. Net 2.43 du
Mixed Use/Commercial Density
(MC)
Paired with SC Zoning
Affordable Residential 18 du/buildable acre
7.294 du
Total Upland Area: 0.506 Max. Net Density
acres
(22,061.51 sf) Transient 5-10 rooms/spaces/gross 2.53- 5.06
Allocated Density acre rooms/spaces
0.4048 buildable acres
Transient 15-20 rooms/spaces/ 6.07-8.10
Max. Net Density buildable acre rooms/spaces
Nonresidential 0.15-0.40 FAR 3,309.23-8,824.60 sf
Uses (SO
Maximum Allocated Density and Intensity by Future Land Use Map
Designation Comprehensive Plan Policy 101 .5.25
Paired with the Existing and Proposed Zoning Categories URM and SC.
Residential Market Rate Allocated Density:- 0.482 du
TDR/Market Rate Residential Max Net Density: +2.43 du
Affordable Residential Max Net Density:+7.29 du
Net Change in Development Potential
Based on FLUM and LUD Amendment
Transient Allocated Density:+ 2.53 rooms/spaces
Transient Max Net Density:+3.24-5.27 rooms/spaces
Nonresidential Uses: +3,309.23-8,824.604 sf
The BOCC may consider the adoption of an ordinance enacting the proposed
map amendments based on one or more of the following factors:
1 . Changed projections (e.g., regarding public service needs) from those on which the existing text or boundary was based;
2. Changed assumptions (e.g., regarding demographic trends) from those on which the existing text or boundary was based;;
3. Data errors, including errors in mapping, vegetative types and natural features which contributed to the application of the existing
text or boundary;
4. New issues which arose after the application of the existing text or boundary;
5. Recognition of a need for additional detail or comprehensiveness;
6. Data updates; or
7. Consistency with the Comprehensive Plan and the principles for guiding development as defined in Section 380.0552, Florida
Statutes
c. For FLUM amendments, the BOCC must also consider the analyses identified in Chapter 163, Florida Statutes and must find that
the amendment is consistent with the principles for guiding development as defined in Section 380.0552, Florida Statutes.
d. 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.
Procedure
The BOCC may consider the adoption of an ordinance enacting the proposed map amendments
based on one or more of the following factors:
1 . Changed projections (e.g., regarding public service needs) from those on which the existing text or boundary was
based;
County actions, most importantly resolution 078-2008, established a need for a new public service in the form of a managed public
mooring field in Boca Chica Harbor. Changes in Florida State regulations now allow for such a mooring field and require shoreside
services prior to mooring field approval.
6. Data updates;
Studies performed by and for Monroe County documented the problems with unmanaged moorings in Boca Chica Harbor,
determined that the area would be a viable location for a managed public mooring field, for which this property would provide
shoreside services.
❖ Consistency with the Comprehensive Plan and the principles for guiding development as defined in Section
380.0552, Florida Statutes and FL Statutes Chapter 163.
The proposed FLUM amendment is consistent with the Comprehensive Plan, including the Livable Communikeys Plan, the
Principles for Guiding Development, and Chapter 163 of the Florida Statutes.
Staff Recommendation
Staff recommends APPROVAL of the proposed FLUM
amendment.
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