Item P1 PI
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
May 15, 2024
Agenda Item Number: P1
2023-2422
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
n/a
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance 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 the Monroe County BOCC.
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 - BOCC acquired the subject property.
June 21, 2023 - 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.
January 31, 2024 - BOCC held a public hearing and adopted Resoution 049-2024 transmitting the
3952
proposed FLUM amendment to the State Land Planning Agency (Florida Commerce) for review and
comment.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Exhibit I to Ordinance
FLUM—IIA-17—MC—Stock—Island.pdf
2023-124 BOCC Reso 049-2024.pdf
2024-124 MONROE CO. 24-OIACSC (P) ORC.pdf
2023-124—Ordinance.pdf
2023-124—BOCC—SR-4.19.24.doc
FINANCIAL IMPACT:
N/A
3953
Exhibit 1 to Ordinance# -2023
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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 Urban Residential Mobile Home(URM)to Suburban Commercial(SC). N
3954
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8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. 049 -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 184,
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 049 -2024 Page 1 of 3
BOCC Transmittal:File 2023-124
3956
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 Yes
89 Mayor Pro Tem James K. Scholl Yes
90 Commissioner Craig Cates Yes
91 Commissioner Mchelle Lincoln Yes
92 Commissioner David Rice Yes
Resolution 049 -2024 Page 2 of 3
BOCC Transmittal:File 2023-124
3957
Cl 3
BOARD OF COUNTY COMMISSIONERS
ERS
OF MONROE.;COUNTY, FLORIDA
� BY: � u�
___...........
�. _ ...._ __..
Mayot Holly Merrill RascE ein.
c9
RM
100 ATTEST: [ EeVIN MADOK, CLERK ' � � ...
c c. NRO CSC
101
102 ASS
IS r AITORNCY f#�
103 AS"DE DUTY CLERK Ds t 17)
...._....,,��
Resolution..IE4_9-2024 Page 3 of 3
BO C'C'"'l ransmittal:File 2023-124
3958
3
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
3959
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 31st day of January, 2024, the Monroe
11 County Board of County Commissioners held a public hearing to consider 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 1. 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
3960
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. Filing 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 J' m 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
3961
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
3962
KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3916321
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,January 13,2024
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 15th day of January 2024
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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3963
KEYS CIT-N.WEEKEND EDITION,JANDARe 13-14,2024 9A
Frigid spell hits the Northwest as storm
forecast cancels flights, classes across US
BY CLAIRE RUSH pe,Obilitv of for hoes in th, of: v by Satur l v deoeutes I plies to di,ribire to pcopke
The P,sscolated Press Soudr /J I -tried fic,the g -'g im 9 aside,including ool
School and flights w / I I Itlo'rig is sent up bluDets uopstells i dsleep
PORTLAND,O I'yrene 'led in ade in parts y %O/iii % from the 0 S Idooiro border ing buys said:F I',person
NI D g l l long- f tit S tl l M l :t I I l l: :t v g eight D '1 It
l leopc l stvke hat as-he Re I I I'cu an l l tes cum Icokcd e. u pg buses to Cold spells-it the past h.,
scroll through l 1:of warm I 'g'g ahead f Mondays id sleeping outside while been deadly far Portland,
i d s cit es hor I ss. epee I outend title
v wait s-pa' 'p city run I pales,-pup I ion, Iwo
ner in IoN rid Oagon g with a blis l v ring shelters. peuplediedufwld in2022 an
IT s-akrcady fag rent ing uos-t of the state, In Ponlandar licutile tent pual,norm EcI u:nhome
tI de layers but 'd n oof Crid Nlkld Hakev: mpaign !:aauou highs- rueeYpeeted less death,fur l 'hat was
f i s n he, 1 I ad-, reeled these Fit lay eeems m hoeerareund t aid to up do,,,from eight l ohs from
coats to help him face a and said it would be hosting per 20s and Iows-in the low 20s hypolhounia in 2021,
1'tt old snap fling in the Eclop ne town halls, JENNY KapEl,assoo.v.d Puss It unsf mF'lav threugh Portland wi E rs do nut
Northwest. Advocates were particularly at least Monday, include regular or extended
"I'Du hoping g Nice �n tin 'ed about t pales,-aeo Pierre Bowyer wears an outer coat he got at the Blanchet It t mpeless t
F 6 6 F House,which offers meals and clothing to people ezperi- 6 v F e
t h t l"That I l I I II I l l t: cueing homelessness,on Thursday,tan,11,in Portland,Ore. It g C h t t S ttl t -Pollution l I t t
h eealot of the burden t night be s-r eh or feed heated its highest tier of Iv salts orh -about a
An approaching storm specially ill the Iaelfe 7I' Showers the nonprof l:lowky ben ue hypo uns eathe operations turd of
street grid,
eYpeeted to llf zr snow N tfrwes-t here the wfnters t-:pokespee, said people life vangon the it tbeecuusz tt to
at cast' :h.g wod< Past s-mnv a ice storms'
to Portland u c'tv r hTone
fcally mild. desperute f dry clothes fi v don't and e:t and hew g with cities-to open 24/7 1.ne eft etieeky I ralyued the
:E mcd to w'ce,min,by In o e freer I'll-dav, 'shoes after lays of cold cold it'.,gctiic. t It s-and wfd tr resit part 'h 'pcluding in 2017 and in
S E dug Its one ofu number during the lunch s e at r McDuugald said has spent to pmefde transportation 2021,when free g a coat
1:I ,,ling,r u s-bringing BI ehct House 1 omckess- N e orry about fs-tblte file
I ash two ye : phous-ed: to shelters. ed reads-in long s ice uud
ry hit ng fro t what the . onpreftn Portland, 1 vF lh ounia she said 'here 'I m hoping I dori t I-,to do Muktnoma,County home v fez laden tr snapped
Natfunul Neuter Seaiee t tlC-,warup I ttingitems rue
pedenenpg drw hole w'Erouthea toPuNand pre'lloutrcadp hill mpowe tineseuttlng
culled life tha E fag wind claimed duping the 1 I ss in Portland that In the Chicagowhich gup,eadier in fit,weel<wfth power to hundreds of thou
chill: in South Duke.to the es McDoupdd grubbed pmentalt ahh crisis could see more Nire,halfa fan clothing and cold weather sz is of pcople
US intensifies oversight MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
of Boeing, will begin NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
production audits NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP
NOTICE OF CHANGE TO MONROE COUNTY TIER OVERLAY DISTRICT MAP
BY TOM KRISHER conside,moving those func-
The Associated Press hone to an independent third JANUARY 31,2024
pain,.
The Federal Aviation "It 1s time to m-examine the NOTICE IS HEREBY GIVEN that on Wednesday,January 31,2024,the Monroe County Board of County Commissioners will hold
Administration will begin delegation of authonty and a Public Meeting,beginning at 09:00 AM.The BOCC meeting Will be held In hybrid format,allowing the public to attend eilhervin Zoom
auditing Roefng's-aircraft pre- a.. ..any associated safety Webinar or In person.The in
meeting will be held at the Marathon Government Center,located at 2798 Overseas Highway,
duction and incmas-eoversig1, ris-I<s-," FAA Ahmfnistrator Marathon,FL.The following Items Will be considered of the PUBLIC HEARING:
of the troubled manufacturer Mike Whitaker said in the PUBLIC HEARINGS:09:00 AM(or as soon thereafter as may be heard):
after a pan el blew off ajediner statement."The grounding
mfdllfght last week,the last of the 737-9 and the multiple AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
m a stung of mishaps far its I oduction-lated issues FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL HIGH(RH)TO MIXED USEICOMMERCIAL(MC),FOR TWO(2)
narquee aircraft. identified in recent yeah re- PARCELS OF LAND,LEGALLY DESCRIBED AS LOTS 3 AND 4,WATERS EDGE,ACCORDING TO THE MAP OR PLAT
7'he agency's move comes quire us to loekat e-D outi THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 184,OF THE RECORDS OF MONROE COUNTY,FLORIDA,HAVING
just a day after it ammunced to reduce risk" PARCEL IDENTIFICATION NUMBERS 00132370-000000 AND 00132380-000000,AS PROPOSED BY MONROE COUNTY,
vestlgatlon into whetirer The agency also will ire PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR
ull Eoefng f iled to make sure a c onitonng of 737-N1:u TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
fuselage I that blew olT incidents that hap pen whfkc AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATION(FLUM)MAP,PROVIDING FOR AN EFFECTIVE DATE.
6 Pane ,I (FILE 2023-124)See location map 1 below
w..safe and manuGactuadtu the planeis-in use,
"not
the design that regula- Beefing said Thursday it AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
to,approved. andd cooperate with the FAA AND BACKGROUND,AND GLOSSARY OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE
The FAA said Friday that it i veOfgatI I which is focus- CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO DEVELOPMENT,TO CLARIFY
could audit Beefing',-737 M. ing on plugs used to fill spots THE GENERAL AND DEFINED TERMS SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS WITH THE MONROE
B jetliner production ine,as for extra hours when those COUNTY CODE(S), PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
well as the company%sParts nits arenot required forsafery PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING
supplfen"to evaluate Eoefn�s r ,on Eoefng 737 N1ux9 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FORAN EFFECTIVE DATE.
wmElfl with its appreved jetliners. (FILE2023-127)
q I t,Procedures" The F44' estigation
'he EA4 statement said it focusing on plugs used to fill A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING
aks-u would look into safety spots for ootm hours when ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF EAST SECOND
risks&um the agency deke- those e oits ar o
are'
required far STREET,AS SHOWN ON THE PLAT OF MANDALAY,PLAT BOOK 1,PAGE 194,BOUNDED ON THE NORTHWEST BY
gating insPeriiun authmnty to safety reasons u Boeing 737 BLOCK 3;BOUNDED ON THE SOUTHWEST BY A PORTION OF SECOND AVENUE,BOUNDED ON THE SOUTHEAST BY
BLOCK 4,LOTS 1-8,AND BOUNDED ON THE NORTHEAST BY EAST SECOND STREET,AND THAT PORTION OF THE
tympany employees,and will Max 9jetllncm RIGHT-OF-WAY OF EAST FIRST STREET,AS SHOWN ON THE PLAT OF MANDALAY,PLAT BOOK 1,PAGE 194,BOUNDED
ON THE NORTHWEST BY BLOCK 2,LOTS 30-33,BOUNDED ON THE SOUTHWEST BY A PORTION OF SECOND AVENUE,
REGULAR UTILITY BOARD MEETING BOUNDED ON THE SOUTHEAST BY BLOCK 3,AND BOUNDED ON THE NORTHEAST BY EAST FIRST STREET.
(FILE 2023-147)
A REGULAR MEETING OF THE UTILITY BOARD OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
THE CITY OF KEY WEST,FLORIDA,WILL BE HELD TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, AS REQUESTED BY PAUL LAROCHELLE ON BEHALF OF
PROPERTY DEVELOPMENT AND ACQUISITION,LLC,FOR PROPERTY LOCATED AT 5304 3RD AVENUE,APPROXIMATE
ON WEDNESDAY,JANUARY 17,2024,AT 5:00 P.M. MILE MARKER 5,LOT 11,BLOCK 53,STOCK ISLAND,PLAT BOOK 1,PAGE 55,HAVING PARCEL ID NUMBER 0 012 670 0-
IN THE KEYS ENERGY SERVICES BOARD ROOM, 000000,PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR
LOCATED AT 1001 JAMES STREET. TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE, PROVIDING FOR
AMENDMENT TO THE TIER OVERLAY DISTRICT MAP,PROVIDING FORAN EFFECTIVE DATE.(FILE 2023-192)
See location map 2 below
THE MEETING IS OPEN TO THE PUBLIC.
Map 1 Map 2
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, cat 313801100000 \. 1NU hVf
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' Please visit the Monroe County Website at www.mnnmccnunty,;fignv,for meeting agenda updates and information
........................ ......
regarding the various options available to the public to vie view the live meeting andlor to make public comments on
certain agenda items.
pursuant to Section 286.0f05 Florida Statutes,T a person decides to appeal any decision of the Board 0(Cwnty Commissioners,ih respect h,any matter
r" '°'' a •% o-deredat them erg 0rhearing,he-he w➢needarecor(Orh,,uOo.dgs,a,,dfl).,0rsuchWrp-,he or shemay-eift,ensure averbatim
m . s" a o record0(the proceed gs is made whshrecordincludesthe testimony&evlder N,,,whsh the a ppealistobebased
ADAc.m ASSISTANCE:If you are a person with a Inflaming
Fty who 2-gkg sbuhs,atne he-
8.m omer I.participate in this Mao
fiD.(5) please
contact the County.def.d f ectia Office,by phoning f, .r p.r,he.11'7 the hours of 8:]0 a.m. 5:00 p m.,no later than five(SJ ttlentlar
� tlays pnorfo fheschetluletlmeehng 6ynu are hearing or wice imparetl,call°711."
�3964
KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3916321
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,January 13,2024
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 15th day of January 2024
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
m�
yw ��1�'rryio7rrm ilr�sGv�zn M�"hk�GI��i^�GM i
ttWi d ni�us26Ptz2t'
3965
KEYS CIT-N.WEEKEND EDITION,JANDARe 13-14,2024 9A
Frigid spell hits the Northwest as storm
forecast cancels flights, classes across US
BY CLAIRE RUSH pe,Obilitv of for hoes in th, of: v by Satur l v deoeutes I plies to di,ribire to pcopke
The P,sscolated Press Soudr /J I -tried fic,the g -'g im 9 aside,including ool
School and flights w / I I Itlo'rig is sent up bluDets uopstells i dsleep
PORTLAND,O I'yrene 'led in ade in parts y %O/iii % from the 0 S Idooiro border ing buys said:F I',person
NI D g l l long- f tit S tl l M l :t I I l l: :t v g eight D '1 It
l leopc l stvke hat as-he Re I I I'cu an l l tes cum Icokcd e. u pg buses to Cold spells-it the past h.,
scroll through l 1:of warm I 'g'g ahead f Mondays id sleeping outside while been deadly far Portland,
i d s cit es hor I ss. epee I outend title
v wait s-pa' 'p city run I pales,-pup I ion, Iwo
ner in IoN rid Oagon g with a blis l v ring shelters. peuplediedufwld in2022 an
IT s-akrcady fag rent ing uos-t of the state, In Ponlandar licutile tent pual,norm EcI u:nhome
tI de layers but 'd n oof Crid Nlkld Hakev: mpaign !:aauou highs- rueeYpeeted less death,fur l 'hat was
f i s n he, 1 I ad-, reeled these Fit lay eeems m hoeerareund t aid to up do,,,from eight l ohs from
coats to help him face a and said it would be hosting per 20s and Iows-in the low 20s hypolhounia in 2021,
1'tt old snap fling in the Eclop ne town halls, JENNY KapEl,assoo.v.d Puss It unsf mF'lav threugh Portland wi E rs do nut
Northwest. Advocates were particularly at least Monday, include regular or extended
"I'Du hoping g Nice �n tin 'ed about t pales,-aeo Pierre Bowyer wears an outer coat he got at the Blanchet It t mpeless t
F 6 6 F House,which offers meals and clothing to people ezperi- 6 v F e
t h t l"That I l I I II I l l t: cueing homelessness,on Thursday,tan,11,in Portland,Ore. It g C h t t S ttl t -Pollution l I t t
h eealot of the burden t night be s-r eh or feed heated its highest tier of Iv salts orh -about a
An approaching storm specially ill the Iaelfe 7I' Showers the nonprof l:lowky ben ue hypo uns eathe operations turd of
street grid,
eYpeeted to llf zr snow N tfrwes-t here the wfnters t-:pokespee, said people life vangon the it tbeecuusz tt to
at cast' :h.g wod< Past s-mnv a ice storms'
to Portland u c'tv r hTone
fcally mild. desperute f dry clothes fi v don't and e:t and hew g with cities-to open 24/7 1.ne eft etieeky I ralyued the
:E mcd to w'ce,min,by In o e freer I'll-dav, 'shoes after lays of cold cold it'.,gctiic. t It s-and wfd tr resit part 'h 'pcluding in 2017 and in
S E dug Its one ofu number during the lunch s e at r McDuugald said has spent to pmefde transportation 2021,when free g a coat
1:I ,,ling,r u s-bringing BI ehct House 1 omckess- N e orry about fs-tblte file
I ash two ye : phous-ed: to shelters. ed reads-in long s ice uud
ry hit ng fro t what the . onpreftn Portland, 1 vF lh ounia she said 'here 'I m hoping I dori t I-,to do Muktnoma,County home v fez laden tr snapped
Natfunul Neuter Seaiee t tlC-,warup I ttingitems rue
pedenenpg drw hole w'Erouthea toPuNand pre'lloutrcadp hill mpowe tineseuttlng
culled life tha E fag wind claimed duping the 1 I ss in Portland that In the Chicagowhich gup,eadier in fit,weel<wfth power to hundreds of thou
chill: in South Duke.to the es McDoupdd grubbed pmentalt ahh crisis could see more Nire,halfa fan clothing and cold weather sz is of pcople
US intensifies oversight MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
of Boeing, will begin NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
production audits NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP
NOTICE OF CHANGE TO MONROE COUNTY TIER OVERLAY DISTRICT MAP
BY TOM KRISHER conside,moving those func-
The Associated Press hone to an independent third JANUARY 31,2024
pain,.
The Federal Aviation "It 1s time to m-examine the NOTICE IS HEREBY GIVEN that on Wednesday,January 31,2024,the Monroe County Board of County Commissioners will hold
Administration will begin delegation of authonty and a Public Meeting,beginning at 09:00 AM.The BOCC meeting Will be held In hybrid format,allowing the public to attend eilhervin Zoom
auditing Roefng's-aircraft pre- a.. ..any associated safety Webinar or In person.The in
meeting will be held at the Marathon Government Center,located at 2798 Overseas Highway,
duction and incmas-eoversig1, ris-I<s-," FAA Ahmfnistrator Marathon,FL.The following Items Will be considered of the PUBLIC HEARING:
of the troubled manufacturer Mike Whitaker said in the PUBLIC HEARINGS:09:00 AM(or as soon thereafter as may be heard):
after a pan el blew off ajediner statement."The grounding
mfdllfght last week,the last of the 737-9 and the multiple AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
m a stung of mishaps far its I oduction-lated issues FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL HIGH(RH)TO MIXED USEICOMMERCIAL(MC),FOR TWO(2)
narquee aircraft. identified in recent yeah re- PARCELS OF LAND,LEGALLY DESCRIBED AS LOTS 3 AND 4,WATERS EDGE,ACCORDING TO THE MAP OR PLAT
7'he agency's move comes quire us to loekat e-D outi THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 184,OF THE RECORDS OF MONROE COUNTY,FLORIDA,HAVING
just a day after it ammunced to reduce risk" PARCEL IDENTIFICATION NUMBERS 00132370-000000 AND 00132380-000000,AS PROPOSED BY MONROE COUNTY,
vestlgatlon into whetirer The agency also will ire PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR
ull Eoefng f iled to make sure a c onitonng of 737-N1:u TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
fuselage I that blew olT incidents that hap pen whfkc AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATION(FLUM)MAP,PROVIDING FOR AN EFFECTIVE DATE.
6 Pane ,I (FILE 2023-124)See location map 1 below
w..safe and manuGactuadtu the planeis-in use,
"not
the design that regula- Beefing said Thursday it AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
to,approved. andd cooperate with the FAA AND BACKGROUND,AND GLOSSARY OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE
The FAA said Friday that it i veOfgatI I which is focus- CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO DEVELOPMENT,TO CLARIFY
could audit Beefing',-737 M. ing on plugs used to fill spots THE GENERAL AND DEFINED TERMS SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS WITH THE MONROE
B jetliner production ine,as for extra hours when those COUNTY CODE(S), PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
well as the company%sParts nits arenot required forsafery PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING
supplfen"to evaluate Eoefn�s r ,on Eoefng 737 N1ux9 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FORAN EFFECTIVE DATE.
wmElfl with its appreved jetliners. (FILE2023-127)
q I t,Procedures" The F44' estigation
'he EA4 statement said it focusing on plugs used to fill A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING
aks-u would look into safety spots for ootm hours when ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF EAST SECOND
risks&um the agency deke- those e oits ar o
are'
required far STREET,AS SHOWN ON THE PLAT OF MANDALAY,PLAT BOOK 1,PAGE 194,BOUNDED ON THE NORTHWEST BY
gating insPeriiun authmnty to safety reasons u Boeing 737 BLOCK 3;BOUNDED ON THE SOUTHWEST BY A PORTION OF SECOND AVENUE,BOUNDED ON THE SOUTHEAST BY
BLOCK 4,LOTS 1-8,AND BOUNDED ON THE NORTHEAST BY EAST SECOND STREET,AND THAT PORTION OF THE
tympany employees,and will Max 9jetllncm RIGHT-OF-WAY OF EAST FIRST STREET,AS SHOWN ON THE PLAT OF MANDALAY,PLAT BOOK 1,PAGE 194,BOUNDED
ON THE NORTHWEST BY BLOCK 2,LOTS 30-33,BOUNDED ON THE SOUTHWEST BY A PORTION OF SECOND AVENUE,
REGULAR UTILITY BOARD MEETING BOUNDED ON THE SOUTHEAST BY BLOCK 3,AND BOUNDED ON THE NORTHEAST BY EAST FIRST STREET.
(FILE 2023-147)
A REGULAR MEETING OF THE UTILITY BOARD OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
THE CITY OF KEY WEST,FLORIDA,WILL BE HELD TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, AS REQUESTED BY PAUL LAROCHELLE ON BEHALF OF
PROPERTY DEVELOPMENT AND ACQUISITION,LLC,FOR PROPERTY LOCATED AT 5304 3RD AVENUE,APPROXIMATE
ON WEDNESDAY,JANUARY 17,2024,AT 5:00 P.M. MILE MARKER 5,LOT 11,BLOCK 53,STOCK ISLAND,PLAT BOOK 1,PAGE 55,HAVING PARCEL ID NUMBER 0 012 670 0-
IN THE KEYS ENERGY SERVICES BOARD ROOM, 000000,PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR
LOCATED AT 1001 JAMES STREET. TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE, PROVIDING FOR
AMENDMENT TO THE TIER OVERLAY DISTRICT MAP,PROVIDING FORAN EFFECTIVE DATE.(FILE 2023-192)
See location map 2 below
THE MEETING IS OPEN TO THE PUBLIC.
Map 1 Map 2
t k t
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THE GREEN HOLPSE -
s
-. . --.•. ,�! aatzoroo 00000a d
OQt 323""/Q-R,A4P44 '
, cat 313801100000 \. 1NU hVf
a
7x.
m 4 r
. � rr tEN, or�ER�,
o
Av�
' Please visit the Monroe County Website at www.mnnmccnunty,;fignv,for meeting agenda updates and information
........................ ......
regarding the various options available to the public to vie view the live meeting andlor to make public comments on
certain agenda items.
pursuant to Section 286.0f05 Florida Statutes,T a person decides to appeal any decision of the Board 0(Cwnty Commissioners,ih respect h,any matter
r" '°'' a •% o-deredat them erg 0rhearing,he-he w➢needarecor(Orh,,uOo.dgs,a,,dfl).,0rsuchWrp-,he or shemay-eift,ensure averbatim
m . s" a o record0(the proceed gs is made whshrecordincludesthe testimony&evlder N,,,whsh the a ppealistobebased
ADAc.m ASSISTANCE:If you are a person with a Inflaming
Fty who 2-gkg sbuhs,atne he-
8.m omer I.participate in this Mao
fiD.(5) please
contact the County.def.d f ectia Office,by phoning f, .r p.r,he.11'7 the hours of 8:]0 a.m. 5:00 p m.,no later than five(SJ ttlentlar
� tlays pnorfo fheschetluletlmeehng 6ynu are hearing or wice imparetl,call°711."
�3966
F
iVIVVVW j IVDDIVIglllllllll ID
I ACOMMERCE
'Ili III
VIIIINVIVIIIIVIIVII6 � �
April 5,2024
The Honorable Holly Merril Raschein
Mayor, Monroe County
102050 Overseas Highway,Suite 234
Key Largo, Florida 33037
Dear Mayor Raschein:
The Florida Department of Commerce(FloridaCommerce) has completed its review of the
proposed comprehensive plan amendment for Monroe County (Amendment No. 24-01ACSC),which
was received on February 5,2024. We have reviewed the proposed amendment in accordance with
the state coordinated review process set forth in Sections 163.3184(2)and (4), Florida Statutes(F.S.),for
compliance with Chapter 163, Part II, F.S. FloridaCommerce does not identify any objections or
comments to the proposed amendment and this letter serves as the Objections, Recommendations and
Comments Report. Review comments received by the Department from the appropriate reviewing
agencies, if any, are enclosed.
The County should act by choosing to adopt,adopt with changes,or not adopt the proposed
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment.
The second public hearing,which shall be a hearing on whether to adopt one or more
comprehensive plan amendments,must be held within 180 days of your receipt of FloridaCommerce's
attached report,or the amendment will be deemed withdrawn unless extended by agreement with
notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant
to Section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce
within ten working days after the second public hearing pursuant to Section 163.3184(4)(e)2., F.S.
If you have any questions related to this review, please contact Abharana Selvan, Planning Analyst,
by telephone at(850)717-8503 or by email at abharana.selvan@commerce.fl.gov.
Sincerely,
,,
Aa
Bames D.Stansbury,Chief
ureau of Community Planning and Growth
JDS/as
Enclosure: Procedures for Adoption
cc:Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
An equuall op)ortuurnity a ump:ullaryerfauru:a iraap,Auxiliary epd;s arra1 service are auaalipef
uupualrr requaaasL'L:ra indliw✓iiduuais witlh rd'uraabrflties.AH voice telephone nurnbers On!
daar.0 n e7t may be re e dried by plersavlrrs using n TYfrfl)ep.jlonnernt vrpe time Rod,
t um... Repay Service at 711.
3967
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4),Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's
electronic amendment submittal portal"Com rehensive Plan and Amendment U load"
pfu�* °: c. i s.cqmlf°f ) or submit three complete copies of all comprehensive plan
materials,of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government:the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State;the appropriate county(municipal amendments only);the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services(county plan
amendments only);and the Department of Education (amendments relating to public schools);and for
certain local governments,the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Florida Department of Commerce identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name,title,address,telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments,changes should be shown in strike-through/underline format;
In the case of future land use map amendment,an adopted future land use map,in color
format,clearly depicting the parcel,its existing future land use designation,and its adopted designation;
A copy of any data and analyses the local government deems appropriate.
Effective.June 2,2011 (Updated July 2023) Page 1 of 2
3968
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged,shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged,or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the Florida Department of
Commerce did not previously review;
List of findings of the local governing body, if any,that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
Florida Department of Commerce to the ORC report from the Florida Department of Commerce.
Effective:June 2, 2011(Updated July 2023
3969
18, , Y
2 4�
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2024
9
10 AN ORDINANCE AMENDING THE MONROE COUNTY FUTURE
11 LAND USE MAP DESIGNATION FROM RESIDENTIAL HIGH
12 ("RH") TO MIXED USE/COMMERCIAL ("MC"), FOR TWO (2)
13 PARCELS OF LAND, LEGALLY DESCRIBED AS LOTS 3 AND 4,
14 WATERS EDGE, ACCORDING TO THE MAP OR PLAT
15 THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 184, OF THE
16 RECORDS OF MONROE COUNTY, FLORIDA, APPROXIMATE
17 MILE MARKER 5, CURRENTLY HAVING PROPERTY
18 IDENTIFICATION NUMBERS 00132370-000000 AND 00132380-
19 000000, PROVIDING FOR SEVERABILITY; PROVIDING FOR
20 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
22 AND THE SECRETARY OF STATE; PROVIDING FOR
23 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
24 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
25 MAP; PROVIDING FOR AN EFFECTIVE DATE.
26
27
28
29 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
30 "Monroe County", or the "County") has proposed an amendment to the Monroe County Future
31 Land Use Map ("FLUM" from Residential High ("RH") to Mixed Use/Commercial ("MC") for
32 two (2) lots adjacent to Boca Chica Harbor currently bearing Property Identification Numbers
33 00132370-000000 and 00132380-000000 ("subject property" or the "property"); and
34
35 WHEREAS,the Board has also correspondingly proposed amending the property's Land
36 Use District ("LUD") designation from Urban Residential Mobile Home ("URM") to Suburban
37 Commercial ("SC"); and
38
39 WHEREAS, on July 18th, 2023, the Board held a community meeting, as required by
40 Monroe County Land Development Code("LDC") Sections 102-158(a)and 102-159(b),to discuss
41 the proposed FLUM amendment, and proposed LUD Map amendment; and
42
43 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
44 the proposed amendments at a regularly scheduled public meeting held on the 22rd day of August
45 2023; and
46
1 of 4
3970
I WHEREAS, at a regularly scheduled public meeting held on September 27th, 2023, the
2 Monroe County Planning Commission held a public hearing for the purpose of considering the
3 proposed FLUM amendment and the corresponding proposed amendment of the property's Land
4 Use District("LUD") map category; and
5
6 WHEREAS, the Monroe County Planning Commission ("PC") adopted attached PC
7 Resolution No. P36-23 recommending that the Monroe County Board of County Commissioners
8 APPROVE the instant FLUM amendment; and
9
10 WHEREAS, at a regular meeting held on the 31st day of January, 2024, the Monroe
11 County BOCC held a public hearing to consider transmittal of the proposed FLUM amendment
12 and duly considered and accepted the Monroe County Planning and Environmental Resources
13 Department's professional staff report recommending APPROVAL; and
14
15 WHEREAS, at the January 31, 2024, public hearing, the BOCC adopted BOCC
16 Resolution No. 049-2024, transmitting the amendment to the State Land Planning Agency; and
17
18 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
19 received its Objections, Recommendations and Comments ("ORC") report on the 5th day of
20 February, 2024; and
21
22 WHEREAS, the State Land Planning Agency's ORC report did not identify any
23 objections, or comments to the BOCC's proposed amendment; and
24
25 WHEREAS, at a regularly scheduled meeting on the 15th day of May, 2024, the BOCC
26 held a public hearing to consider adoption of the proposed FLUM amendment;
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
30
31 Section 1. Title and Recitals. The foregoing title and recitals are true and correct, and are
332
3 hereby incorporated as if fully set forth herein.
34 Section 2. Findings of Fact and Conclusions of Law. The foregoing findings of fact and
35 conclusions of law are true and correct and are hereby incorporated as if fully set
36 forth herein.
37
38 Section 3. The Monroe County BOCC accepts all of the analysis, findings of fact, and
39 conclusions of law in the April 19th, 2024-dated Monroe County Planning and
40 Environmental Resources Department professional staff report accompanying this
41 BOCC agenda item stating that it is for meeting date May 15, 2024,provided to
42 the Board by Senior Director Emily Schemper, A.LC.P., C.F.M., and Senior
43 Planner Liz Lustberg, A.LC.P., C.F.M. and hereby adopts all of the analysis,
44 findings of fact, and conclusions of law in the Department's professional staff
45 report as the BOCC's own analysis, findings of fact, and conclusions of law, and
446 incorporates said professional staff report as if fully set forth herein.
2 of 4
3971
I Section 4. The Monroe County BOCC accepts all of the analysis, findings of fact, and
2 conclusions of law in Monroe County Planning Commission Resolution No. P36-
3 23, and hereby adopts all of the analysis, findings of fact, and conclusions of law
4 in Planning Commission Resolution No. P36-23 as the BOCC's own analysis,
5 findings of fact, and conclusions of law, and incorporates Planning Commission
6 Resolution No. P36-23 as if fully set forth herein.
8 Section 5. The Monroe County BOCC finds and concludes that approval of this future land
9 use map amendment is compatible with the surrounding area and serves and in fact
10 and law will greatly benefit the health, safety, and welfare of the public at large.
11
12 Section 6. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is
13 amended as follows:
14
15 The property located at 6633 Maloney Ave. and Vacant, Maloney Ave, Stock
16 Island, Mile Marker 5, Legally Described as Lots 3 And 4 Waters Edge, according
17 to the Map Or Plat Thereof, as recorded in Plat Book 1 Page 84, Monroe County,
18 Florida, having Property Identification Numbers 00132370-000000 and 00132380-
19 000000 is changed from Residential High ("RH") to Mixed Use/Commercial
20 ("MC") as shown on Exhibit 1. attached hereto and incorporated herein.
21
22 Section 7. Construction and Interpretation. The construction and interpretation of this
23 Ordinance and all provisions of the Monroe County Comprehensive Plan, Florida
24 Building Code, Florida Statutes, and Monroe County Code(s) whose
25 interpretation arises out of, relates to, or is interpreted in connection with this
26 Ordinance shall be liberally construed and enforced in favor of the Monroe
27 County BOCC and such construction and interpretation shall be entitled to great
28 weight in adversarial administrative proceedings, at trial, bankruptcy, and on
29 30 appeal.
31 Section 8. No Liability. Monroe County expressly reserves in no way shall be deemed to
32 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
33 governmental, and any other similar defense, immunity, exemption, or protection
34 against any suit, cause-of-action, demand, or liability.
35
36 Section 9. Severability. If any provision of this ordinance, or any part or portion thereof, is
37 held to be invalid or unenforceable by any administrative hearing officer or court
38 of competent jurisdiction, the invalidity or unenforceability of such provision, or
39 any part or portion thereof, shall neither limit nor impair the operation,
40 enforceability,or validity of any other provision of this ordinance, or any remaining
41 part(s) or portion(s)thereof. All other provision of this ordinance, and remaining
42 43 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
44 Section 10. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
45 are hereby repealed to the extent of said conflict. The repeal of an ordinance
46 herein shall not repeal the repealing clause of such ordinance or revive any
477 ordinance which has ben repealed thereby.
48
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I Section 11. Transmittal. This ordinance shall be transmitted by the Director of Planning to
3 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
4 Section 12. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
5 secretary of the State of Florida but shall not become effective until a notice is
6 issued by the State Land Planning Agency or Administration Commission finding
7 the amendment in compliance, and if challenged, until such challenge is resolved
9 pursuant to Chapter 120, Florida Statutes.
10 Section 13. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
11 incorporated in the Monroe County Comprehensive Plan and included on the Future
12 Land Use Map.
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15 Florida, at a regular meeting held on the 151h day of May, 2024.
16
17 Mayor Holly Merrill Raschein
18 Mayor Pro Tem James K. Scholl
19 Commissioner Michelle Lincoln
20 Commissioner Craig Cates
21 Commissioner David Rice
22
23 BOARD OF COUNTY COMMISSIONERS
24 OF MONROE COUNTY, FLORIDA
25
26 BY:
27 Mayor Holly Merrill Raschein
28 (SEAL) MONROE 29 CCU: ATTORNEY
DPP� V TO FORM
30 ATTEST: KEVIN MADOK CLERK
31 _. .. , ,, .
32 _.PETER 1S
33 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date: 4/30/24
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AN'milm
6
7
8
9
10
11 MEMORANDUM
12 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT
13 We strive to be caring,professional and fair
14
15 To: Monroe County Board of County Commissioners
16
17 Through: Senior Director Emily Schemper, A.LC.P., C.F.M.
18
19 From: Senior Planner Liz Lustberg, A.LC.P., C.F.M.
20
21 Date: April 19'', 2024
22
23 Subiect: An Ordinance by the Monroe County Board of County Commissioners Amending the
24 Monroe County Future Land Use Map from Residential High ("RH") to Mixed
25 Use/Commercial ("MC") for two (2) parcels of land currently bearing Property
26 Identification Numbers 00132370-000000 and 00132380-000000, Lots 3 and 4 Waters
27 Edge, according to the map or plat thereof, as recorded in Plat Book 1 Page 84; as
28 proposed by the Monroe County BOCC.1
29
30 Meeting: May 15'', 2024
31
32 I. REQUEST
33
34 The Monroe County Board of County Commissioners ("BOCC") is proposing to amend the Monroe
35 County Future Land Use Map ("FLUM") from Residential High("RH")to Mixed Use/ Commercial
36 ("MC") for two (2) parcels of land adjacent Boca Chica Harbor currently assessed under Parcel
37 Identification Numbers 00132370-000000 and 00132380-000000 (the "Property").
38
39 The reason for the proposed amendment is to allow development of shoreside facilities for a
40 managed public mooring field in Boca Chica Harbor.
1 Monroe County Planning and Environmental Resources Department File No.2023-124.
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0
1
i
i>
2 Existing FLUM Designation Proposed FLUM Designation
3
4 II. BACKGROUND INFORMATION
5 Site Information:
6 Location: MM 5, Stock Island
7 Address: 6633 Maloney Ave. and Vacant, Maloney Ave.
8 Legal Description: Lots 3 and 4 Waters Edge, according to the map or plat thereof, as recorded in
9 Plat Book 1 Page 84
10 Parcel Identification Numbers: 00132370-000000 and 00132380-000000
11 Owner/Applicant: Monroe County BOCC
12 Size of Property: 22,061.51 square feet (0.506 acres) per survey completed by Eric A. Isaacs,
13 P.S.M. of Florida Keys Land Surveying dated and signed January 8, 2021
14 FLUM Designation: Residential High (RH); pending application to amend to Mixed Use/
15 Commercial (MC)
16 Land Use District: Urban Residential Mobile Home (URM); pending application to amend to
17 Suburban Commercial (SC)
18 Tier Designation: Tier III
19 Existing Vegetation/Habitat: Developed Land
20 Number of Listed Endangered or Threatened Species: Zero
21 Flood Zones: AE 9 and AE 10
22 CBRS: No
23 Existing Use: Vacant
24 Community Character of Immediate Vicinity: The immediately adjacent land use is residential on
25 three sides and Boca Chica Channel on the fourth side. Uses further from the Property include
26 commercial retail, restaurant, light industrial, commercial fishing and transient.
27
28 The Property currently has a Land Use District(Zoning) designation of Urban Residential Mobile Home
29 (URM) and a FLUM designation of Residential High (RH). The Property was within the RU-3
30 (multifamily residential) zoning district prior to 1986. In 1986, the Property was designated as Urban
31 Residential Mobile Home (URM). With the adoption of the Comprehensive Plan's FLUM in 1997, the
32 Property was given the current FLUM designation of Residential High (RH).
33
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3975
I Concurrent Applications:
2 File: 2023-136: A corresponding Land Use District (Zoning) Map amendment for the Property,
3 requesting to amend the LUD from Urban Residential Mobile Home (URM) to Suburban Commercial
4 (SC).
5
6 Community Meeting and Public Participation:
7 In accordance with LDC Section 102-159(a), a community meeting was held on July 18, 2023, at 5:05
8 PM via zoom to discuss the proposed FLUM amendment and corresponding Land Use District(Zoning)
9 Map amendment, and to provide for public participation. Concerns raised at the meeting included but
10 were not limited to unmanaged mooring in Boca Chica Harbor and associated shoreside activity.
11
12 Development Review Committee Meeting:
13 The proposed amendment went before the DRC on August 22, 2023. On the same day the Planning
14 Director signed DRC Resolution No. 15-23 recommending approval of the proposed amendment.
15
16 Planning Commission Meeting:
17 The proposed amendment went before the Planning Commission on September 27, 2023. On that same
18 day Planning Commission Chair Joe Scarpelli signed Resolution No. P36-23 recommending approval.
19
20 Recent Relevant BOCC Action:
21 On January 31, 2024, at a regularly scheduled meeting, the BOCC held a public hearing to consider
22 transmittal of the proposed FLUM Amendment, considered the staff report, and provided for public
23 comment and public participation in accordance with the requirements of state law and the procedures
24 adopted for public participation in the planning process. The BOCC adopted Resolution 049-2024
25 transmitting the proposed amendment to the State Land Planning Agency (Florida Commerce) for
26 review and comment.
27
28 Following their review of the proposed amendment, Florida Commerce issued an Objections,
29 Recommendations and Comments (ORC) report on April 5, 2024 (attached). The ORC report did not
30 identify any objections, recommendations or comments. The County has 180 days from the date of
31 receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt
32 the amendment.
33
34 Prior Relevant BOCC Action:
35 March 19, 2008
36 The BOCC approved Resolution 078-2008. An image of the approved Resolution is pictured below:
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NOW THEREFORE, BE IT RESOLVED by the Monroe County Board of County
Commissioners:
I. The BOCC supports the implementation of a managed mooring field and vessel sewage
disposal facilities as an appropriate strategy to address environmental impacts associated
with the Boca Chica harbor anchorage.
2. The BOCC directs staff to evaluate the potential for developing a TnJnagc4 mooring field
at the Boca Chica harbor anchorage..
3. The 130C(Airects staff to consider options for establishing a shore-side fficility to serve a
trooring field at Boca Chica harbor, including the feasibility of public/pnivate
partnerships.
4. The BOCk, and staff will collaborate with the Florida Department of Fnvironmental
Protection concerning the need for addressing anchoring issues,at Boca Chica harbor,and
address permitting criteria for mooring installations in an effort to eliminate
environmental impacts associated with current anchoring activities,
2
3 September 2008
4 'Development of a Boating Management Plan for the Boca Chica Harbor Area, preliminary review' was
5 written by the Monroe County Office of Marine Resources at the direction of BOCC Resolution 078-
6 2008 to "evaluate the potential of establishing a managed mooring field and pump out facility to serve
7 boaters and protect the environment."
8
9 The plan included the following statement, "In 2002 the Marine Resources Department conducted an in-
10 depth study of anchorages and associated impacts throughout the Keys (Keys-Wide Mooring Field
11 System Preliminary Planning Document). ... That 2002 study indicated that the Boca Chica Harbor area
12 was the most heavily used of the five anchorages in need of boating management. The anchorage had
13 over one hundred vessels, with no pumpout facilities or designated shoreside facilities available." The
14 document also states that in 2008 "Issues related to the unregulated anchorage at Boca Chica Harbor
15 persist, and the numbers of derelict vessels are increasing."
16
17 May 17, 2011
18 'Vessel Mooring Study —Boca Chica Harbor— Monroe County, Florida, Final Report' was prepared for
19 the Monroe County Marine Resources Office by Terramar Environmental Services Inc to "support
20 Monroe County's efforts to manage marine resources and boating impacts throughout the Florida Keys."
21 This document included the following statement, "The Vessel Study seeks to acquire anchoring/mooring
22 device data, collect vessel distribution data, characterize vessel type and use, perform GIS mapping and
23 analysis, evaluate the findings, and make preliminary recommendations for anchorage management."
24 The study found bottom damage due to inappropriate mooring devices and water pollution due to lack of
25 services, including pump out service.
26
27 October 17, 2012
28 The BOCC approved Ordinance No. 036-2012 to update the County Code Chapter 26, Waterways, to
29 allow for and to regulate managed mooring fields as part of the State's pilot program. This was re-
30 approved and updated through Ordinance No 009-2013. These ordinances expired with the State's pilot
31 program in 2017.
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1
2 May 2014
3 `Monroe County Mooring Field Feasibility Study' was prepared for the Monroe County BOCC by
4 Coastal Systems International, Inc. to analyze potential managed mooring field locations. The purpose
5 of this Study was to "...examine the existing unmanaged anchorages at Jewfish Creek, Buttonwood
6 Sound, and Boca Chica Basin, ... identify possible shoreside facilities, create conceptual mooring field
7 designs for all three sites, and determine the optimal mooring field location. ... determined that the
8 Buttonwood Sound area would be the optimal site to design, permit, and construct Monroe County's
9 next managed mooring field, although all three sites would benefit from the implementation of a
10 managed mooring field."
11
12 July and October 2017
13 `Monroe County Boca Chica Mooring Field Feasibility Study' and the `Monroe County Boca Chica
14 Mooring Field Detailed Feasibility Study' were prepared for the Monroe County BOCC by Coastal
15 Systems International, Inc. These studies analyzed the feasibility of locating a mooring field in Boca
16 Chica Harbor and determined that even though there are issues, this is a suitable location for a mooring
17 field.
18
19 September 3, 2019
20 A memo from Coastal Systems International to Richard Jones, Monroe County Planning and
21 Environmental Resource Department, addressed the feasibility of permitting a mooring field in Boca
22 Chica Harbor and indicated that the County could meet the requirements for permit approval.
23 Various Dates From 2008 to 2019
24 Monroe County sought to partner with 26 private entities that owned shoreside properties on the east
25 side of Stock Island to provide shoreside services to a Boca Chica Harbor mooring field and attempted
26 to purchase two (2) properties in order to directly provide shoreside services. These partnerships and
27 purchases were unsuccessful in establishing a mooring field with shoreside facility in Boca Chica
28 Harbor.
29
30 October 20, 2021
31 The BOCC approved bulk agenda item W3 to approve the purchase of the Property as part of a mediated
32 settlement agreement between the County and the previous property owner to resolve code compliance
33 disputes. The Property was recognized as a possible site for a shoreside facility as part of the decision to
34 purchase the Property. The Agenda Item Summary, prepared by the County Attorney's Office stated
35 "The property has been evaluated by County staff and has the potential to provide public waterfront
36 access/and/or serve as a mooring field shoreside facility in Stock Island, Florida. Due to the potential for
37 mooring field development, the use of County Boating Improvement Funds (BIF) is appropriate to
38 facilitate the purchase of these two waterfront lots."
39
40 November 12, 2021
41 The County purchased the Property as recorded in document 41349360 and 2349358 recorded with the
42 Clerk of Court in Official Records Book 4 3138 at Pages 4 1150 and 1155.
43
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3978
I June 21, 2023
2 The BOCC "approved of a contract with Geosyntec Consultants, Inc. dba Applied Technology &
3 Management (Geosyntec) to perform Mooring Field Design & Permitting Services in Monroe County.
4 (quote from agenda item B 6/21/23 BOCC meeting)
5
6 III.AMENDMENT REVIEW
7
8 Staff has reviewed the proposed amendment for consistency with the Land Development Code, State
9 Statutes (including 163.3187, F.S.), Rules, internal consistency with the Comprehensive Plan and
10 balancing all the requirements and policy issues.
11
12 The table below provides an approximation of the development potential for residential, transient and
13 commercial development on the Property. Section 130-156(b) of the Land Development Code states:
14 The density and intensity provisions set out in this section are intended to be applied cumulatively so
15 that no development shall exceed the total density limits of this article. For example, if a development
16 includes both residential and commercial development, the total gross amount of development shall not
17 exceed the cumulated permitted intensity of the parcel proposed for development.
18
19 The table below compares the maximum development potential of the Property with the existing RH
20 FLUM when paired with the existing URM zoning and the proposed MC FLUM when paired with the
21 proposed SC zoning.
22
23
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 Zoning TDR/Market Rate
Residential Max.Net 0 0
Total Upland Area: Density
0.506 acres Affordable Residential Max.
(22,061.51 sf) Net Density 0 0
2 platted lots
Transient 5 rooms/spaces/gross acre 2.53 rooms/spaces
0.4048 buildable acres Allocated Density
Transient 7 rooms/spaces/buildable acre 2.83 rooms/spaces
Max.Net Density
Nonresidential 0 0
Uses(sf)
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3979
Maximum
Proposed FLUM Type Adopted Standards Development
Potential
Residential 3 du/gross acre 1.52 du
Allocated Density
TDR/Market Rate
Residential Max.Net 6 du/buildable acre 2.43 du
Mixed Use/Commercial Density
(MC)
Paired with SC Zoning Affordable Residential Max.
18 du/buildable acre 7.294 du
Total Upland Area: Net Density
0.506 acres
(22,061.51 sf) Transient 5-10 rooms/spaces/gross acre 2.53-5.06
Allocated Density rooms/spaces
0.4048 buildable acres
Transient 15-20 rooms/spaces/buildable 6.07-8.10
Max.Net Density acre rooms/spaces
Nonresidential 0.15-0.40 FAR 3,309.23-8,824.60 sf
Uses(sf)
Residential Market Rate Allocated Density:-0.482 du
TDR/Market Rate Residential Max Net Density:+2.43 du
Net Change in Development Affordable Residential Max Net Density:+7.29 du
Potential Based on FLUM
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
1
2 As shown in the orange portion of the table, the proposed FLUM amendment with the SC Zoning would
3 result in a decrease of market rate allocated density but would result in an increase in TDR/market rate
4 residential maximum net density, affordable maximum net density, transient density and nonresidential
5 intensity.
6
7 Compliance with Comprehensive Plan Policy 101.5.26
8 The proposed FLUM amendment from RH to MC does not result in an increase of residential allocated
9 density and therefore eliminates the need to mitigate under Policy 101.5.26.
10
11 Concurrency Analysis (Comprehensive Plan Policy 101.1.1)
12 Monroe County shall ensure that all development and redevelopment taking place within its boundaries
13 does not result in a reduction of the level-of-service requirements established and adopted by this
14 comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include
15 an analysis of the availability of facilities and services or demonstrate that the adopted levels of service
16 can be reasonably met.
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1
2 Concurrency with the level of service standards will be reviewed with an application for a specific
3 development proposal for the Property. Below are the items for which concurrency will be reviewed.
4 The Property has access to potable water, wastewater, solid waste disposal, electricity, and roads.
5
6 Traffic Circulation (Comprehensive Plan Policy 301.1.2)
7 The Property is located on Maloney Avenue on Stock Island at approximate mile marker 5.
8 Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of "C."
9 According to the 2021 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a
10 LOS of"C" and Segment 1 on Stock Island is operating at a LOS of"A."
11
12 At the time of a specific development approval, a trip generation analysis will be required to be
13 submitted in order to verify sufficient roadway capacity. According to the 2021 US 1 Arterial
14 Travel Time and Delay Study, the maximum reserve volume for Segment 1 is 1,348 trips.
15
16 Policy 301.1.1
17 For all County roads, Monroe County hereby adopts a minimum peak hour level of service
18 (LOS) standard of D, measured by the methodology identified in the most recent edition of the
19 Highway Capacity Manual, as necessary to determine proposed development impacts. The
20 County shall maintain the level ofservice on County roads within five percent(5%) ofLOS D.
21
22 Policy 301.2.3
23 Monroe County shall not permit new development which would significantly degrade the LOS
24 below the adopted LOS standards on U.S. I (overall and segments) unless the proportionate
25 share of the impact is mitigated. The development of one single family residential unit, on a
26 single parcel, shall be considered de minimis and shall not be subject to this requirement. A
27 five percent projected decrease in travel speeds, below LOS C, is a significant degradation in
28 the level of service on U.S. 1. Traffic volume which exceeds the LOS D standard by more than
29 five percent is a significant degradation in the level ofservice on any other County road.
30
31 Potable Water(Comprehensive Plan Objective 701.1)
32 Monroe County shall ensure that at the time a certificate of occupancy or its functional
33 equivalent is issued, adequate potable water supply, treatment, and distribution facilities are
34 available to support the development at the adopted level ofservice standards.
35
36 Solid Waste (Comprehensive Plan Policy 801.1.2)
37 Monroe County shall maintain land development regulations which provide a Concurrency
38 Management System (See Capital Improvements Policy 1401.4.5). The Concurrency Management
39 System shall ensure that no certificate of occupancy or its functional equivalent will be issued for
40 new development unless adequate solid waste collection and disposal facilities needed to support
41 the development at the adopted level of service standards are available concurrent with the
42 impacts of development.
43
44 Sanitary Sewer (Comprehensive Plan Policy 901.1.1)
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3981
I Monroe County shall ensure that at the time of a certificate of occupancy or equivalent adequate
2 sanitary wastewater treatment and disposal facilities are available to support the development at
3 the adopted level of service standards...
4
5 Drainage (Comprehensive Plan Objective 1001.1.1)
6 Monroe County shall ensure that at the time a certificate of occupancy or its functional
7 equivalent is issued, adequate stormwater management facilities are available to support the
8 development at the adopted level ofservice standards.
9
10 Parks and Recreation (Comprehensive Plan Objective 1201.1.1)
11 Monroe County shall ensure that at the time a development permit is issued, adequate park and
12 recreation lands and facilities are available to serve the development at the adopted level of
13 service standards concurrent with the impacts ofsuch development.
14
15 Military Installation Area of Impact (MIAI)
16 The Property is within the MIAI and within the 65 DNL runs through the property. Pursuant to
17 Comprehensive Plan Objective 108.1 and Policies 108.1.1 and 108.1.3, the Application was transmitted
18 to the commanding officer of Naval Air Station Key West. Within 30 days from the date of receipt
19 from Monroe County of proposed changes, the Naval Air Station Key West commanding officer or his
20 or her designee may provide comments to Monroe County on the impact proposed changes may have on
21 the mission of the military installation. The Navy responded with a letter dated August 18, 2023, which
22 included "While the land use compatibility guidelines provided in Table 7-1 indicate that mixed
23 use/commercial development is compatible, we recommend sound attenuation, contract notification
24 requirements, and development limits be implemented."
25
26 Pursuant to LDC Section 102-158(d)(7)b., the BOCC may consider the adoption of an ordinance
27 enacting the proposed Future Land Use Map amendment based on one or more of the following
28 factors:
29
30 1. Changed projections (e.g. regarding public service needs)from those on which the text or boundary
31 was based;
32
33 Through BOCC Resolution No. 078-2008, the BOCC acknowledged the environmental impacts
34 associated with the anchorage at Boca Chica Harbor and directed Staff to evaluate the potential of
35 constructing a managed mooring field and pumpout facilities. This established a need for a new
36 public service in the form of a managed mooring field in the Boca Chica Harbor area. The Property
37 is adjacent Boca Chica Harbor.
38
39 Per Florida Administrative Code 62-330.420, a shoreside facility is required prior to receiving
40 permit approval from the State of Florida for a managed public mooring field. Public buildings and
41 uses are not a permitted used within the current LUD of the Property and would not be consistent
42 with the current FLUM designation; therefore, the current FLUM does not allow for the
43 development of a shoreside facility on the Property. Alternatively, public buildings and uses are
44 consistent with the Mixed Use/ Commercial FLUM designation, paired with the SC Land Use
45 District. The purpose of the proposed FLUM amendment is to allow the Property to be developed
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3982
I with a shoreside facility for a managed public mooring field in Boca Chica Harbor. The changed
2 projection, which is the need for this public service in this area, occurred after the current zoning
3 (1986) and FLUM (1997)were established on the Property.
4
5 Additionally, there have been changes in State regulations supporting the County management of
6 public mooring fields in ways that were not permissible at the time the current FLUM designation
7 was established on the Property. These changes are summarized below:
8
9 2009
10 "Florida Legislature directed the Florida Fish & Wildlife Conservation Commission (FWC), in
11 consultation with the Florida Department of Environmental Protection to establish a Pilot Program to
12 explore potential options for regulating the anchoring or mooring of non-liveaboard vessels outside
13 the marked boundaries of public mooring fields (327.4105 F.S.)" (quoting from Resolution
14 approving Ordinance 036-2012)
15
16 2015
17 Florida Administrative Code 62-330.420 General Permit to Local Governments for Public Mooring
18 Fields became effective. This rule change allows "local governments to construct, operate, and
19 maintain a public mooring field" with permit approval from the state. "To qualify for this general
20 permit, the local government must comply with the following specific conditions, ... 3. The
21 mooring field shall be associated with an existing or permitted land-based support facility that
22 is operational prior to the mooring field being occupied. The land-based support facility shall
23 provide amenities and conveniences for the number of occupants that are using the mooring
24 field (e.g., parking, bathrooms, shower facilities, laundry facilities, etc.). These details shall be
25 included in the Management Plan." (quoting Florida Administrative Code 62-330.420)
26
27 2017
28 The pilot program established in 2009 for local governments to manage mooring fields expired.
29 The Florida Legislature amended Chapter 327 Vessel Safety to allow a buffer area around public
30 mooring fields.
31 327.4109 Anchoring or mooring prohibited; exceptions; penalties. —currently says:
32 "(1)(a) The owner or operator of a vessel or floating structure may not anchor or moor such that
33 the nearest approach of the anchored or moored vessel or floating structure is: ... 3. Within 100 feet
34 outward from the marked boundary of a public mooring field or a lesser distance if approved by the
35 commission upon request of a local government within which the mooring field is located. The
36 commission may adopt rules to implement this subparagraph.
37 (b) This subsection does not apply to:
38 1. A vessel owned or operated by a governmental entity.
39 2. A construction or dredging vessel on an active job site.
40 3. A commercial fishing vessel actively engaged in commercial fishing.
41 4. A vessel actively engaged in recreational fishing if the persons onboard are actively tending
42 hook and line fishing gear or nets."
43
44 2021
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I The Florida Legislature amended Chapter 327 Vessel Safety.
2 327.4108(3)(a) F.S. designated Monroe County as an "anchoring limitation area" as a means of
3 addressing long-term anchoring issues in waters throughout the Florida Keys. This legislation
4 included a requirement that 250 new public mooring balls be placed within one mile of the Key
5 West Bight City Dock and 50 additional moorings be placed within the existing Key West Garrison
6 Bight Mooring Field, to ensure that an alternative for the existing liveaboard community in this area
7 was available prior to implementing a 90-day time limit for vessels anchored in waters throughout
8 the Florida Keys.
9
10 2022
11 The Florida Legislature amended Chapter 327 Vessel Safety.
12 327.4108(3)(a) F.S. amended the number of required new moorings from 300 to "at least 100" to
13 ensure the successful implementation of the 90-day anchoring time limit.
14
15 2023
16 The Florida Legislature appropriated $1,610,000 in Specific Appropriation 1933A for Florida Keys
17 Marine Protection Mooring Field Project.
18
19 2. Changed assumptions (e.g., regarding demographic trends)from those on which the existing text or
20 boundary was based;
21 N/A
22
23 3. Data errors, including errors in mapping, vegetative types and natural features which contributed to
24 the application of the existing text or boundary;
25
26 N/A
27
28 4. New issues which arose after the application of the existing text or boundary;
29
30 N/A
31
32 S. Recognition of a need for additional detail or comprehensiveness;
33
34 N/A
35
36 6. Data updates; or
37
38 As described in the Prior County Actions on Pages 3 through 5 of this Report, Monroe County has
39 documented the problems with unmanaged moorings in the Boca Chica Harbor. It has been
40 determined that the area would be a viable location for a managed public mooring field, which
41 requires an associated shoreside facility. The Property is a suitable location for such shoreside
42 facility.
43
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3984
I Additionally, State regulations have changed to allow local governments to manage public mooring
2 fields, to allow local governments to enforce a no anchoring zone around public mooring fields, and
3 require that such mooring fields have associated shoreside facilities.
4
5 7. Consistency with the Comprehensive Plan and the principles for guiding development as defined in
6 Section 380.0552, Florida Statutes.
7
8 As described throughout this Report, Staff finds the proposed FLUM amendment consistent with the
9 Comprehensive Plan and the principles for guiding development as defined in Section 380.552,
10 Florida Statutes.
11
12 In no event shall an amendment be approved which will result in an adverse change in community
13 character to the sub-area which a proposed amendment affects or to any area in accordance with a
14 Livable CommuniKeys master plan pursuant to findings of the BOCC [Ref. LDC Section 102-
15 158(d)(7)d.J.
16
17 Staff does not anticipate that this amendment to the FLUM designation of the Property would result in
18 an adverse change in the community character. The Property had been the subject of years long code
19 enforcement cases, which were resolved with County ownership. Currently, there is unmanaged
20 mooring in Boca Chica Harbor with insufficient shoreside access. The FLUM (and associated zoning)
21 amendment would allow the property to be used for a shoreside facility. A shoreside facility is a
22 requirement for the County to receive permit approval to develop a managed public mooring field in
23 Boca Chica Harbor. The shoreside facility would also assist in reducing unmanaged shoreside access
24 through other properties in the area.
25 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
26 THE STOCK ISLAND LIVEABLE COMMUNIKEYS PLAN, THE FLORIDA STATUTES AND
27 THE PRINCIPLES FOR GUIDING DEVELOPMENT
28
29 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
30 County Year 2030 Comprehensive Plan. Specifically,it furthers:
31
32 Goal 101
33 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
34 County residents and visitors, and protect valuable natural resources.
35
36 Objective 101.3
37 Monroe County shall regulate new residential development based upon the finite carrying capacity
38 of the natural and man-made systems and the growth capacity while maintaining a maximum
39 hurricane evacuation clearance time of 24 hours.
40
41 Objective 101.4
42 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
43 the needs of the future population of Monroe County.
44
45 Objective 101.5
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3985
I Monroe County shall regulate future development and redevelopment to maintain and enhance the
2 character of the community and protect natural resources by providing for the compatible
3 distribution of land uses consistent with the designations shown on the Future Land Use Map.
4
5 Policy 101.5.6
6 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
7 the establishment of mixed use commercial land use (zoning) districts where various types of
8 commercial retail and office may be permitted at intensities which are consistent with the
9 community character and the natural environment. Employee housing and commercial apartments
10 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
11 conserve areas of mixed uses, which may include maritime industry, light industrial uses,
12 commercial fishing, transient and permanent residential, institutional, public, and commercial retail
13 uses.
14
15 This future land use category is also intended to allow for the establishment of mixed use
16 development patterns, where appropriate. Various types of residential and nonresidential uses may
17 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
18 The County shall continue to take a proactive role in encouraging the preservation and enhancement
19 of community character and recreational and commercial working waterfronts.
20
21 In order to protect environmentally sensitive lands, the following development controls shall apply
22 to all hammocks,pinelands, and disturbed wetlands within this land use category:
23
24 Lonly low intensity commercial uses shall be allowed;
25 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
26 3.maximum net residential density shall be zero.
27 ...Information related to MI zoning district omitted...
28
29 Policy 101.5.25
30 Monroe County hereby adopts the following density and intensity standards for the future land use
31 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
32
Future Land Use Densities and Intensities
Residential(i) Nonresidential Minimum
Future Land Use Open Space
Category And Maximum Net DensityRatio(0
Corresponding Allocated Density ca) (a)(b) Maximum Intensity
Zoning (per upland acre) (per buildable acre) (floor area ratio)
1 du 2 du(MI)
Mixed (DR,MU,MI) 6-18 du(SC)(`) 0.10-0.45
Use/Commercial 3 du(SC) 12 du(UC) (SC,UC,DR,MU)
( ) ( )
MC MW 6 du UC 12-18 du(MU)�`�
(SC,UC,DR,RV, Commercial Apartments <2,500 SF (RV)
MU and MI (RV)(1) 18 du(DR) 0.20
zoning) 10 25 rooms/spaces 0.30-0.60(MI)
5-15 rooms/spaces
Notes:
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3986
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net
density without the use of TDRs."N/A"means that maximum net density bonuses shall not be available. Buildable
acres means the portion of a parcel of land that is developable and is not required open space.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases,the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public
Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or
existing zoning districts as appropriate.
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be
permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and
Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future
land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair,
boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the
property,adjacent to the shoreline,pursuant to Policy 101.5.6.
(h) In the RV zoning district, commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in
existence on the site,whichever is less.
(i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1
dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum
net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted
nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future
land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
(k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre
for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.
For the UR zoning district market rate housing may be developed as part of an affordable or employee housing
project with a maximum net density not exceeding 18 du/buildable acre.
(1) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count
when calculating density.
1
2 Objective 101.19
3 Monroe County shall address local community needs while balancing the needs of all Monroe
4 County communities. These efforts shall focus on the human crafted environment and shall be
5 undertaken through the Livable CommuniKeys Planning Program.
6
7 Policy 101.19.2
8 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
9 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
10 Plans have been completed in accordance with the principles outlined in this section and adopted by
11 the Board of County Commissioners:
12
13 ...
14
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3987
I The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference
2 into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this
3 Master Plan have been adopted and approved as equivalent to the term Objectives in the
4 Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan
5 have been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action
6 Items without a green checkmark next to them are not considered to be consistent with the
7 definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by
8 Ordinance 010-2007.
9
10 Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled
11 Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated November 2005 and
12 incorporated by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a
13 green checkmark in this Master Plan have been adopted and approved as equivalent to the term
14 Objectives in the Comprehensive Plan. Only the Action Items denoted with a green checkmark in
15 this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan.
16 Strategies and Action Items without a green checkmark next to them are not considered to be
17 consistent with the definitions of"Objective" and "Policy" and therefore do not serve as equivalents.
18 Adopted by Ordinance 011-2007.
19
20 Goal202
21 The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays,
22 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible,
23 improved or restored.
24
25
26 Objective 202.3
27 Monroe County shall support existing vessel discharge regulations, including the No Discharge Zone
28 regulations of the Florida Keys National Marine Sanctuary, and encourage use and expansion of
29 sewage pump-out facilities throughout Monroe County to reduce pollutant discharges into nearshore
30 surface waters from live-aboard vessels and increase the total number and availability of pump out
31 opportunities for both shoreside and anchored vessels throughout the Florida Keys.
32
33 Policy 202.3.4
34 Monroe County shall maintain and update, as needed, the Monroe County Code pertaining to live-
35 aboard vessels, either in mooring fields or free-anchored, which establish the following (regulations
36 pertaining to free-anchored vessels may require additional authorization by state statute): ...
37
38 Goal203
39 The health and integrity of living marine resources and marine habitat, including mangroves,
40 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where
41 possible, restored and enhanced.
42
43 Objective 203.2
44 Monroe County shall protect submerged lands vegetated with seagrasses by maintaining regulations
45 which further reduce direct and indirect disturbances to seagrasses.
46
15 of 19
3988
I Objective 203.3
2 Monroe County shall continue to support state and federal agencies in development and
3 implementation of management measures designed to protect coral reefs and other hardbottom
4 communities located in the waters off the Florida Keys.
5
6 Objective 203.5
7 Monroe County shall continue to review the recommendations and options identified in The Boating
8 Impacts Management Plan Final Report (1992); Keys-Wide Mooring Field System Preliminary
9 Planning Document (2002); and Development of a Boating Management Plan for the Boca Chica
10 Harbor Area (2008), which are designed to reduce adverse impacts on water quality and living
11 marine resources associated with recreational boating.
12
13 Policy 203.5.2
14 Monroe County shall maintain a plan for mooring buoy sites, including:
15 1. live-aboard mooring sites (See Policy 202.3.4); and
16 2. short-term recreational mooring sites.
17 Identification of mooring sites shall be undertaken in coordination with NOAA and FDEP, and shall
18 be consistent with recommendations of the Florida Keys National Marine Sanctuary Management
19 Plan.
20
21 Objective 212.4
22 Monroe County shall maintain land development regulations pertaining to mooring fields and
23 structures built over water (including, but not limited to, boat docks, fishing piers, swimming piers
24 and observation decks).
25
26 Policy 212.4.7
27 Monroe County shall establish, evaluate and identify potential sites for the installation of mooring
28 fields and maintain policies and regulations pertaining to mooring fields, which specifically address
29 the following (some sections may not apply to short-term recreational mooring fields):
30 1. Siting criteria;
31 2. Mooring design criteria based on seagrass protection as permitted by FDEP;
32 3. Recommendations or standards for management from shore-side facilities; and
33 4. Provision of vessel pump-out services; and [F.S. § 163.3178(2)(g)]
34 5. Current need for moorings and projected use.
35
36 Goal 214
37 Monroe County shall maintain or provide the necessary services and infrastructure to support
38 existing and new development proposed by the Future Land Use Element while limiting County
39 public expenditures which result in the loss of or adverse impacts to environmental resources in the
40 Coastal Zone.
41
42 B. The proposed amendment is consistent with the Stock Island/Key Haven Livable
43 CommuniKeys Plan Volumes I and IL Specifically,it furthers:
44
45 Strategy 3.2,Volume I
16 of 19
3989
I Provide additional services to live-aboards to promote a cleaner and healthier living environment for
2 the live-aboards and the community.
3
4 Action Item 3.2.1,Volume I
5 Locate a site with appropriate density for a mooring field and a shore side management facility.
6
7 Action Item 3.2.2,Volume I
8 Provide a mooring field for live-aboards.
9
10 Action Item 3.2.3,Volume 1
11 Upon locating a site, improve amenities available on shore to liveaboards including docking space
12 for dingies,pumpout stations, and restrooms.
13
14 Action Item 3.2.4,Volume I
15 Educate live-aboards on the benefits of hooking up to a mooring field.
16
17 Action Item 6.2.1,Volume I
18 Identify ideal locations for mooring fields.
19
20 C. The proposed amendment is consistent with the analyses identified in Chapter 163, Florida
21 Statues and the Principles for Guiding Development for the Florida Keys Area, Section
22 380.0552(7), Florida Statutes.
23
24 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
25 the principles for guiding development and any amendments to the principles, the principles shall be
26 construed as a whole and no specific provision shall be construed or applied in isolation from the
27 other provisions.
28
29 (a) Strengthening local government capabilities for managing land use and development so that local
30 government is able to achieve these objectives without continuing the area of critical state
31 concern designation.
32 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
33 beds, wetlands, fish and wildlife, and their habitat.
34 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
35 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
36 wildlife, and their habitat.
37 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
38 development.
39 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
40 Keys.
41 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
42 and ensuring that development is compatible with the unique historic character of the Florida
43 Keys.
44 (g) Protecting the historical heritage of the Florida Keys.
45 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
46 major public investments, including:
47 1. The Florida Keys Aqueduct and water supply facilities;
17 of 19
3990
1 2. Sewage collection, treatment, and disposal facilities;
2 3. Solid waste treatment, collection, and disposal facilities;
3 4. Key West Naval Air Station and other military facilities;
4 5. Transportation facilities;
5 6. Federal parks, wildlife refuges, and marine sanctuaries;
6 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
7 8. City electric service and the Florida Keys Electric Co-op; and
8 9. Other utilities, as appropriate.
9 (i) Protecting and improving water quality by providing for the construction, operation,
10 maintenance, and replacement of stormwater management facilities; central sewage collection;
11 treatment and disposal facilities; and the installation and proper operation and maintenance of
12 onsite sewage treatment and disposal systems.
13 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
14 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
15 403.086(10), as applicable, and by directing growth to areas served by central wastewater
16 treatment facilities through permit allocation systems.
17 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
18 Keys.
19 (1) Making available adequate affordable housing for all sectors of the population of the Florida
20 Keys.
21 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
22 natural or manmade disaster and for a post disaster reconstruction plan.
23 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
24 maintaining the Florida Keys as a unique Florida resource.
25
26 D. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
27 Specifically,it furthers:
28
29 This proposed amendment and the process by which it is reviewed is consistent with Part II of Chapter
30 163, specifically 163.3175, 163.3177, 163.3178, 136.3180, and 163.3184.
31
32 V. PROCESS
33
34 Future Land Use Map Amendments may be proposed by the Board of County Commissioners, the
35 Planning Commission, the Director of Planning, or the owner or other person having a contractual
36 interest in property to be affected by a proposed amendment. In accordance with LDC Section 102-
37 159(a), FLUM amendments require a community meeting no less than 45 days prior to but no more than
38 120 days prior to the first required public hearing (Planning Commission). The Director of Planning
39 shall review and process applications as they are received and pass them onto the Development Review
40 Committee and the Planning Commission.
41
42 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
43 review the application, the reports and recommendations of the Department of Planning &
44 Environmental Resources and the Development Review Committee and the testimony given at the
45 public hearing. The Planning Commission shall submit its recommendations and findings to the Board
46 of County Commissioners (BOCC).
18 of 19
3991
1
2 The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan
3 amendment, and considers the staff report, staff recommendation, and the testimony given at the public
4 hearing. The BOCC may or may not recommend transmittal to the State Land Planning Agency. The
5 amendment is transmitted to State Land Planning Agency, which then reviews the proposal and issues
6 an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the
7 County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
8 amendment.
9
10 VI. STAFF RECOMMENDATION
11
12 The professional staff of the Monroe County Planning and Environmental Resources Department
13 recommends that the Monroe County Board of County Commissioners APPROVE the proposed Future
14 Land Use Map ("FLUM") amendment from Residential High ("RH") to Mixed Use/Commercial
15 ("MC").
16
17 VII. EXHIBIT
18 1. Transmittal Resolution
19 2. Draft Ordinance
20 3. 11"x 17" FLUM Amendment Map Series
19 of 19
3992
FLUM andLUD Amendment
Adoption Hearings
Applicant:
Commissioners :Monroe County
Monroe County Board of County
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
ie� m
for other users
ti
Boca Chica Mooring Field
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f
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f
f �
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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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FLU M and LUD Am. ,en'dmme
/ %// %/
Adoption Hearin s ��/ . 11
�/ / �///rl/ �/.......
j
...,,,,,
A �
Applicant:
Monroe nt
Monroe County Board of County Commission,
r i
/
Y
May 5,1 2024
/ r
/ r r /
/ l
/
r /
/
� r r
/ a Agenda Items P1 & P2
/
r v
/
r
Emily Schem erAICP CFM
Senior Director ofPlanning En iron rc, es
Future Land Use Map (FLUM)
& Land Use District (LUD / "Zoning")
Amendment Process
■ Community Meeting
■ July18, 2023
■ Development Review Committee
■ August 22, 2023
■ Planning Commission
■ September 27, 2023
■ Board of County Commissioners (BOCC)
■ January 31 , 2024. FLUM Transmittal hearing.
■ May 15, 2024. FLUM & LUD Adoption hearings.
■
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.
i
r
l i
i
FLUM amendment:
r
R H to MC
/
r y iw r r
Zamendment:
o n i n amendment.
1 � � ��"era" ri,il; r ,i "<� '"+`�' r�� ` y / l/ �/✓f y���, ��t� ,,� rl it 1/ Y�r
URM to SC
o
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 (Item P1 ).
Staff recommends APPROVAL of the proposed LUD
amendment (Item P2).
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